Nashville Bar Journal | December/January 2016-17

JOURNAL Journal Journal

DECEMBER/JANUARY 2016-17 | VOLUME 16 | NO. 8

FEATURE

The Evolving State of Marriage, Divorce, and Family

ALSO

Social Media & Divorce What a Difference a Year Makes The Role of Vocational Analysis in Family Law

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JOURNAL 6 Journal Journal DECEMBER/JANUARY 2016-17 | VOLUME 16 | NO. 8

FE ATU R E

The Evolving State of Marriage, Divorce, and Family

Kristen Amonette & Marissa M. Russ

DEPA R TM E N TS

From the President

2

Calendar of Events

3

Nathan H. Ridley

Hear Ye, Hear Ye Trivia Night Happy Hour

Liberty Bell Award Directory Cover Contest Friday FUNdamentals

4

18 CLE Schedule 19 34 100% Club 35

Member Updates

Hearsay

Classifieds

38 40

Kimberly Faye

What a Difference a Year Makes: 2016 in Review 27

Joycelyn A. Stevenson The Role of Vocational Analysis in Family Law 31 David R. Strauser, Ph.D.

Nashtech Legal Conference Review

Social Media & Divorce: Tips from a Millenial 11 Attorney

CO L UMNS

Background Check 13

Bart Pickett Capitol Notes 15

Nathan H. Ridley

17 Gadget of the Month

Bill Ramsey & Phillip Hampton

The Road to Wellness 33

Tracy Kane DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL FROM THE PRESIDENT Sparkle | Nathan H. Ridley Journal I look out at you, and I see a box of sparkling diamonds.

Journal Many of us are familiar with the New Testament

NATHAN H. RIDLEY, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

ramseywt@nealharwell.com

ELEANOR WETZEL, Managing Editor

eleanorwetzel@jis.nashville.org

EDITORIAL COMMITTEE NOEL BAGWELL KIMBERLY FAYE CAROLINE HUDSON TIM ISHII TRACY KANE EVERETTE PARRISH BART PICKETT MATTHEW PIERCE BILL RAMSEY MIKE SANDLER KRISTEN THOMAS JONATHAN WARDLE VICTORIA WEBB ELEANOR WETZEL DAVID WINTERS

words of “Woe to the Lawyers.” We also remember, however, the words of the Hebrew Scripture, “Without Counsel, purposes are disappointed, but in the multitude of counsellors, they are established.”

Most of us in this room are children of the South, and we learn from story and parable rather than a proverb. So, this story from a police scanner is a memorable exchange: A police officer responds to a domestic disturbance with shots fired call and arrives on the scene. After discovering an older lady has shot her husband for walking across her freshly mopped floor, he calls the dispatch office.

“Hello, Sergeant.”

“Yes, Officer.”

“It looks like we have a homicide here.”

“What happened?”

NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419.

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/NashvilleBarJournal.

NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1050 Nashville, TN 37219 615.242.9272 • NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with over 2,500 members—is the largest metropolitan bar association in Tennessee.

“An older lady has shot her husband for walking on her freshly mopped floor.”

“Have you placed the suspect under arrest?”

“No sir. The floor is still wet.”

The election is now in our rearview mirror; some are still celebrating, and some are still working through the five stages of grief. The national voter turnout in the November election was 58%, which was down from 2008 and 2012. Tennessee had about that same percentage.

While we all know it is our civic duty to vote, most of us find it draconian to join the country of Australia, which has mandatory voting and a resulting 85% participation rate. If we ponder, however, we know it not just our voting, but our civic engagement in other arenas that makes our community a better place to live. Public Service. Service to a nonprofit agency. Participation in a house of worship. Service to a neighborhood association. Service in a parent teacher organization. Service to a bar association even.

I am proud of how the legal profession is woven into the fabric of our community in both the private sector as well as the public. Our profession is well educated; lawyers rank in the top two percent in Tennessee for educational attainment. Lawyers are problem solvers.

Now though, I want you to ponder the actions of one Nick Saban. This 65-year-old (continued on page 9)

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NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

Calendar of Events | Full calendar online at NashvilleBar.org/ DECEMBER 2016 M O N D AY

T U E S D AY

W E D N E S D AY

T H U R S D AY

F R I D AY

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7

8

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14

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NBA Board Meeting & Reception 4:00pm | Nashville School of Law

NBA Annual Meeting & Banquet 5:30pm | Music City Center

Dial-A-Lawyer | 6:00-8:00pm

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6 Historical Committee Meeting 11:30am | Hal Hardin’s Office NALS Meeting | 12:00pm

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13

16 Holiday | NBA Office Closed

Ethics Committee Meeting 4:00pm

HAPPY HOLIDAYS!

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21

22

Holiday | NBA Office Closed

23 Holiday | NBA Office Closed

HAPPY HOLIDAYS!

HAPPY NEW YEAR!

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27

JANUARY 2017 M O N D AY

Holiday | NBA Office Closed

T U E S D AY

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28

W E D N E S D AY

T H U R S D AY

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F R I D AY

Dial-A-Lawyer | 6:00-8:00pm

Friday FUNdamentals | 11:30am

HAPPY NEW YEAR!

2

3 LAW Board Meeting | 11:30am

9

4 NALS Meeting | 12:00pm

10

5 NBF Leadership Forum Program & Reception U.S. District Court/Customs House

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Holiday | NBA Office Closed

6 Friday FUNdamentals | 11:30am

12 NBJ Editorial Committee Meeting 12:00pm | Neal & Harwell

13 Friday FUNdamentals | 11:30am NBA Board Orientation | 3:00pm

MLK DAY

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19 Committee Chair Orientation 11:30am

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24

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NBA Trivia Night Happy Hour 5:30pm | Bar Louie

NBA Board Meeting | 4:00pm

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Friday FUNdamentals | 11:30am Diversity Committee: 1L Job Fair Waller

26

27

Committee Meetings are held at the NBA Offices unless otherwise noted.

FOLLOW US:

Facebook.com/NashvilleBarAssociation LinkedIn.com/Company/Nashville-Bar-Association

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@NashvilleBar

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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JOURNAL JOURNAL Journal Journal

Hear Ye, Hear Ye |

Nashville Bar Foundation

2016 NBA BOARD OF DIRECTORS JOYCELYN A. STEVENSON, President NATHAN H. RIDLEY, President-Elect

MATT POTEMPA, First Vice President

ANDREA P. PERRY, Second Vice President APRIL KNOX, Secretary ERIC W. SMITH, Treasurer STEPHEN G. YOUNG, Assistant Treasurer EDWARD D. LANQUIST, JR., Immediate Past President JUSTIN MCNAUGHTON, YLD President LELA HOLLABAUGH, General Counsel IRWIN J. KUHN, First Vice President-Elect

Events of Interest

The Nashville Bar Foundation is now accepting grant applications. If you know of any 501(c)(3) organizations that may be eligible for a Foundation Grant, please spread the word. View grant eligibility and application guidelines at NashvilleBar.org/NBFGrantGuidelines.

The Foundation will allocate funding each budget year on the basis of written applications in a format prescribed by the Foundation. Grant applications can be found at NashvilleBar.org/ NBFGrantApplication and are due no later than January 15, 2017. n

CLAUDIA LEVY, Second Vice President-Elect MARK S. BEVERIDGE ROBERT C. BIGELOW HON. JOE P. BINKLEY, JR. HON. SHEILA D. CALLOWAY KAY CAUDLE JACQUELINE B. DIXON SAMUEL P. FUNK MARGARET M. HUFF HON. WILLIAM C. KOCH, JR. RYAN D. LEVY WENDY LONGMIRE HON. RANDAL S. MASHBURN ERIN PALMER POLLY DAVID L. RAYBIN

Are you confident that you’re the smartest person in the NBA? Well, now is the time to prove it. Come out for the NBA Trivia Night Happy Hour on Thursday, January 26, at Bar Louie in the Gulch. Registration is at 5:30pm and trivia begins at 6:00pm. Please register online at NashvilleBar.org/HappyHour and then email Traci.Hollandsworth@ nashvillebar.org with your five team member names. We’ll provide food and drinks— compliments of Huseby—and fun times with your attorney friends and colleagues. n

SARA F. REYNOLDS SAUL A. SOLOMON LAURA SMITH TIDWELL M. BERNADETTE WELCH

NBA STAFF MONICA MACKIE, Executive Director SHIRLEY CLAY, Finance Coordinator WENDY COZBY, Lawyer Referral Service Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director JAN MARGARET ROGERS, CLE Director VICKI SHOULDERS, Membership Coordinator, Office Manager

HAVE AN IDEA FOR AN ARTICLE? We want to hear about the topics and issues readers think should be covered in the magazine. Send ideas to Jill.Presley@nashvillebar.org.

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Liberty Bell Award

Nominations are now being sought for the Liberty Bell Award, which will be presented during the NBA’s annual Law Day Luncheon on Friday, May 5, at the Renaissance Hotel in downtown Nashville.

This award is given to the person or group—not necessarily attorneys or law related groups—who has promoted a better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government.

Nominations should be submitted to the NBA Community Relations Committee via Traci.Hollandsworth@nashvillebar.org no later than Monday, March 20. n

NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

2017 Attorney Directory Cover Contest

Are you an attorney with an artistic side? The NBA is now accepting submissions of Nashville themed artwork or photography to be featured on the cover of the 2017 Attorney Directory. The winner will receive a complimentary directory along with their name and title of the artwork printed inside, and the opportunity to display their art at the annual Law Day Luncheon on Friday, May 5, at the Renaissance Hotel in downtown Nashville.

You may send your submission in high-resolution JPEG or PDF format to Jill.Presley@ nashvillebar.org no later than Friday, February 17. n

Last year’s winner: Lisa Binder

Friday FUNdamentals Coming to the NBA January 2017!

The Nashville Bar Association is excited to announce a new program for first and second year attorneys. Friday FUNdamentals is a 13-week program designed to train new lawyers in practical skills and provide an excellent networking opportunity among peer professionals.

The program—spearheaded by graduates of the Nashville Bar Foundation’s Leadership Forum—will help new attorneys hone their skills in practical aspects of representing clients for both litigation and transactional practices.

Each Friday FUNdamentals will provide one and a half hours of practical knowledge and training from experienced attorneys in the Nashville and Middle Tennessee community. Tentative topics include drafting complaints, discovery and deposition tactics, conducting effective due diligence, and elementary ethics for new lawyers.

The program will run from January through March 2017 and is FREE to first and second year attorney members as a benefit of their NBA membership. Attorney members with three to five years of practice are welcome to attend the 13week program for a flat rate of $129.

For more information, contact Monica.Mackie@nashvillebar.org or LBaker@johndaylegal.com. To register for Friday FUNdamentals, visit NashvilleBar.org/FridayFundamentals today! n

January 6

Drafting Complaints and Answers

10

Davidson Co Courthouse Tour*

13

Managing the Attorney-Client Relationship

(aka How to Avoid a Board Complaint)

20

Business Law 101

27

Written Discovery for Dummies

February 3

Surviving Your First Deposition

10

The Inside and Outside of Representing

Corporations 17

General Sessions Bootcamp for Criminal Cases

21

Davidson Co Criminal Court Tour*

24

Family Law Fundamentals

March 3

Basic Estate Planning

10

How to “Win” at Mediation

17

Personal Injury 101

24

10 Ways to Lose an Appeal

28

Meet the Judges*

31

How to “Win” at Trial

*Each program runs from 11:30am to 1:30pm unless otherwise noted. To register for Friday FUNdamentals, visit NashvilleBar.org/FridayFundamentals.

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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Feature Story | Kristen Amonette & Marissa Moses Russ

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NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

The Evolving State of Marriage, Divorce, and Family Marriage is one of society’s oldest and most complex institutions. Arguably, today it is easier to get both married and divorced than in previous generations or centuries. A marital union between same-sex partners is no longer prohibited by law,1 and websites and dating services devote enormous resources to assist people in their search for a partner \or mate.2 With similar ease and relative convenience, if and when a person wants to end his or her marriage, most states will grant a divorce with no evidence of fault.

Research regarding families, marriage, and divorce is plentiful and broad reaching. Understandably, this research attempts to shed light on many complicated questions that have been unanswered for decades. What is the secret to staying married? Why do couples divorce? Are people waiting longer to get married than in past generations, and if so, why? Are fewer people choosing to get married? What do the current marriage and divorce trends say about our community and, equally as important, the future? Are people delaying having children or choosing not to have children at all? What is the impact of the evolution of the most basic of institutions on the legal system and lawyers, particularly those practicing family law?

The most recent research provides some clear patterns, though interpretation of those patterns is still a work in progress and the subject of much speculation. For better or worse, Americans are still choosing to get married. They are waiting longer to do so than in prior generations and not necessarily remaining in a marriage for life.3 Today, the median age for a first marriage is 27 for women and 29 for men. One in 5 adults over the age of 25 has never been married. By contrast, in

1960 the median age for a first marriage was 20 for women and 22 for men and only 1 in 10 people over the age of 25 had never married.4 Data from research conducted by the Centers for Disease Control and Prevention (CDC) reveals that as of 2014― the latest year the CDC collected and published data―the national marriage rate was 6.9 per 1000 of the total population, and the divorce rate was 3.2 per 1000 total population.5 The data from the CDC reveals that the marriage and divorce rates in Tennessee are higher than the national average in both categories, with 8.4 marriages per 1000 total population, and 3.8 divorces per 1000 total population. Notably, the marriage rate in Tennessee is among the lowest it has been since 1990,6 and the divorce rate is the lowest since 1990.

These divorce rates are known as the “crude divorce rate” which, although helpful for showing changes in divorce rates over time, does not reveal whether the divorce is a person or couples first, second, third, or greater.7 Consequently, it does not provide a complete picture of how many people in the state, or country, are getting divorced as a percentage of the entire population. Still, it is a useful barometer of the marriage and divorce patterns locally and nationally.

Divorce rates have been dropping generally among all age groups since the 1980s, except with respect to those 50 and older, for which the divorce rate has doubled over the past two decades. Only one-tenth of the people who divorced in 1990 were over 50, but by 2010 it was one quarter.8 While the fact that some of these people were in second or third marriages, which have a higher likelihood of ending in divorce,9 provides some explanation of the increased divorce (continued on page 8) 00) (continued on page

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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Feature Story | rate in those over 50, more than onehalf of the people divorcing in this age group were in their first marriage.10 Today, young adults ages 18 to 34, also known as Millennials, are the largest generation in the U.S., representing one-third of the total population in 2013.11 Many Millennials have become adults during a time of economic recession which has driven their professional and personal choices―including delaying the decision to initiate household and family formation.12 For example, Millennials are more likely to live with a parent than a romantic partner.13 A 2014 study performed by the Pew Research Center projected that one quarter of Millennials may never marry.14 This may be both a generational phenomenon as well as being driven by financial concerns particular to this age group at this time, but the trend is clear.

In addition to the overall delay in marrying, or the decision not to marry at all, women are waiting longer to have children than in previous generations, or simply not having them at all. Nearly one-half, 47.6 %, of women between the ages of 15 to 44 years old had not had children as of 2014. This is the highest percentage of women without children since the U.S. Census Bureau started tracking such data in 1976. Notably 49.6 % of women between 25 to 29 were childless, but at 30 years old, this percentage begins to drop significantly as women began to make the decision to begin their families.15 In addition to these changes in the timing of marriage and childbearing, the composition of a family is also evolving.

Less than one-half or 46% of all children in the U.S. under 18 are living in what was long considered a “traditional”

The Evolving State of Marriage... (continued from page 7)

family - a home with two married heterosexual parents in their first marriage. In years past, this rate was much greater: 73% of children fell in this category in 1960, and 61% in 1980. In 2013, 34% of children were living with an unmarried parent, a huge increase from a mere 9% in 1960 and 19% in 1980.16 The law will struggle to keep up with the ever-changing landscape of marriage, divorce, and family and the complex issues that surround these realities.

As people live longer and experience divorce later in life, attorneys must deal with legal questions surrounding social security, health insurance, long-term care, and client competency among others. The scientific marvels of assisted reproductive technology enable people who once could not have children to do so and for others to delay parenting to a time when they feel more ready to be a parent, but it also creates a plethora of legal issues surrounding conception, ownership of embryos, and parental rights. In a world where an increasing number of children are being raised in single-parent households and parented by non-biological caregivers such as non-married partners, step-parents, and grandparents, courts and attorneys will experience challenges in applying the almost universal best interests of the child standard in parenting and custody determinations.

Families remain the foundation upon which our greater community is built, but they no longer necessarily fit a particular mold. Clients routinely present unique facts that merit creative solutions. This is a challenge to our court system as it tries to make consistent determinations based upon each case’s particular facts and the principles and

factors set forth in statute and case law.

Courts also increasingly have placed a premium on alternative dispute resolution as a method of ending disputes as it usually provides people more control of the ultimate outcome of the cases. The evolution of marriage, divorce, and families will continue as people experience stress, fracture, and the dissolution of their marriages and family units. The need for attorneys not only to counsel and assist clients in navigating a legal system that does not necessary evolve at the pace of society, but to do so in a way that helps the client and their family move forward to a new normal, has never been as necessary as it is today. n Endnotes

See Obergefell v. Hodges, 576 U.S. ___, 135 S. Ct. 2584, 192 L.Ed.2d 609 (2015).

1

Belinda Luscombe, How to Stay Married (and Why), Time, June 13, 2016, at 38.

2

3

Id.

Tamar Lewin, Millenials’ Roomates Now More Likely to be Parents than Partners, N.Y. Times (May 2016), NYTimes. com/2016/05/25/us/millenials-roomates-now-more-likely-to-beparents-than-partners.html.

4

CDC/National Center for Health Statistics, Marriage and Divorce Data for U.S., CDC.gov/nchs/fastats/marriagedivorce.htm.

5

CDC/National Center for Health Statistics, National Vital Statistics, Marriage and Divorce-Change in Reporting Marriage and Divorce Statistics, CDC.gov/nchs/nvss/ marriage-divorce.htm.

6

Casey E. Copen, Ph.D., Kimberly Daniels, Ph. D., Jonathan Vespa Ph.D., & William D. Mosher, Ph.D., First Marriages in the United States: Data from the 2006-2010 National Survey of Family Growth, 49 Nat’l Health Stat. Rep. 2 (Mar. 2012), available at CDC.gov/nchs/data/nhsr/nhsr049.pdf.

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8

Luscombe, supra note 2, at 39.

Jamie M. Lewis & Rose M. Krieder, U.S. Census Bureau, Remarriage In The United States 1 (Mar. 2015) (citing Bureau’s 2009 report), available at Census.gov/content/dam/Census/ library/publications/2015/acs/acs-30.pdf.

9

10

Luscombe, supra note 2, at 39.

Council Of Economic Advisors, 15 Economic Facts About Millennials, at 3 (Oct. 2014), available at WhiteHouse.gov/ sites/default/files/docs/millennials_report.pdf.

11

12

Id. at 37.

Reasons Millennials increasingly live with their parents include the fact that they have stronger relationships with their parents than previous generations and that parents of Millennials are more involved in their children’s lives. In addition, Millennials have entered college at increased rates during a time of economic recession and recovery. Council of Econ. Advisors, supra note 11, at 37-38.

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(continued on page 9)

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NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

Feature Story | 14

The Evolving State of Marriage... (continued from page 8)

Lewin, supra note 4.

U.S. Census Bureau, Historical Table 1. Percent Childless And Births Per 1,000 Women In The Last 12 Months: CPS, Selected Years, 1976-2014, available at Census.gov/hhes/ fertility/data/cps/historica.html.

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DIAL-A-LAWYER

Gretchen Livingston, Fewer than Half of U.S. Kids Today Live in a “Traditional Family”, Pew Research Center (Dec. 22, 2014), PewResearch.org/fact-tank/2014/12/22/less-than-halfof-u-s-kids-today-live-in-a-traditional-family.

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KRISTEN AMONETTE is a member of Lindsey + Amonette, PLLC where she practices all areas of family law, probate, and estate planning. Amonette regularly mediates family law matters and is a Tennessee Supreme Court Rule 31 listed family law mediator. She is a founding member of the Middle Tennessee Collaborative Alliance (MTCA) promoting collaborative practice in family law, particularly those cases involving children. Amonette serves as cochair of the Nashville Bar Association’s Domestic Relations Committee.

MARISSA MOSES RUSS is a partner of MTR Family Law. Her practice includes family law litigation, collaborative law, mediation, and she serves as a mediator for family law cases. She is trained in collaborative law and is a licensed Rule 31 Mediator. Additionally, Marissa is an adjunct professor at Belmont University College of Law teaching a family law practicum course.

Marissa received her J.D. from University of Tennessee College of Law and completed her undergraduate studies at Tulane University where she graduated Cum Laude with a Bachelor of Science Management in Marketing and Management.

PROUD TO SUPPORT THE NASHVILLE BAR ASSOCIATION HERMAN HICKS

Vice President Private Client Relationship Manager (615) 734-6186 • hahicks@ftb.com

Dial-A-Lawyer is held the first Tuesday of each month from 6:00 to 8:00pm and the public is invited to call in with basic legal questions. If you would like to volunteer and help the NBA support this program, please contact our LRIS Coordinator at Wendy.Cozby@nashvillebar.org.

Pro Bono credit applies and a complimentary dinner will be provided.

Thank you to our October and November volunteers!

HELEN CORNELL GINA CRAWLEY BRAD GILMORE CHRIS HUGAN TOM LAWLESS JOE RUSNAK MICHAEL SMITH

(Sparkle | continued from page 2)

was a gifted West Virginia high school athlete who played college football at Kent State University. He is now recognized as a master of his craft at the highest level of college football.

Coach Saban was criticized in his media availability on the Wednesday after Election Day for stating that he didn’t even know that Tuesday had been Election Day. Turns out that Tuesdays are incredibly busy days for major college football coaches, and he had cast his ballot by voting absentee.

Still, it would have been a powerful image for an opinion leader like Coach Saban to escort his young athletes to the registrar’s office for all of them to vote or to request an absentee ballot. I understand that his job is to win football games, and to do that he must recruit in red and blue living rooms.

Of course, lawyers are opinion leaders, too. You may not have his “motivate to dominate” mantra ingrained upon your psyche as Coach Saban does. Of course, our communities look to us because our education and training help us solve complex problems. You may not have a How Good Do You Want to Be? book to your credit as Coach Saban does. Of course, you sparkle like a box of diamonds and that freshly mopped floor. And for those reasons, I am humbled and gratified to serve this year as the president of your bar association.

In a word, Sparkle. n

©2016 First Tennessee Bank National Association. Member FDIC. www.firsttennessee.com

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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CAN YOU NAME THESE PEOPLE?

Be the first person to email the correct answer to Jill.Presley@nashvillebar. org and your name—along with the correct answer—will appear in the next issue.

OCT/NOV GOLDEN OLDIES

Mark Chalos of Lieff, Cabraser, Heimann & Bernstein correctly identified the individuals in the October/November 2016 Golden Oldies photo. Pictured (left to right) are Cynthia Sherwood Parson, George Cate, Hon. Carol McCoy, and Gerry Neenan.

Free. Anonymous. Confidential.

Local: (615) 741-3238 Toll Free: (877) 424-8527 www.tlap.org 10

NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

Editorial |

Kimberly Faye

Social Media & Divorce: Tips from a Millennial Attorney “Like” it, “Follow” it, “Tweet” it, “SnapChat” it, and “Share” it, social media has an ever-present existence in American culture.

With nearly two-thirds of American adults using social media platforms1 like Facebook, Instagram, SnapChat, and Twitter, we, as attorneys, must stay abreast of social media and inform clients in both civil and criminal cases of its potential significance in litigation. In civil litigation, social media posts have been used to question parenting skills, a parent’s involvement with drugs and alcohol, and to support allegations of an affair.

This article will provide advice and tips to help clients avoid trouble with social media during a divorce.

If possible, give it up: If the client is willing to temporarily stop using social media, then it could cause less trouble in the long run. Realizing this is usually an unrealistic request, the key words that should be emphasized to the client going through a divorce, as it relates to social media, are patience and restraint.

Although it may not be fun, the client should try to be anonymous on social media until the divorce litigation is final.

Keep social media accounts separate: Some couples have joint social media accounts—for example, a couple may share one Facebook account with the account name showing as “JohnandJane Doe.” If your client has a joint account with their

soon-to-be ex-spouse, now is the time for them to get their own account. The client needs privacy (to the extent things can be considered “private” online) as soon as possible.

Update passwords and security questions: Always remind your client to update all passwords for their personal accounts. It is also a good idea to inform them that their security questions—the questions frequently asked when you click “forgot my password”—might also need to be updated. The soonto-be ex-spouse likely knows the answers to these preset security questions; for example, the make and model of your first vehicle, your first concert, your maternal grandmother’s first name, etc. Couples share personal stories and information, so it is possible that these answers are common knowledge to the other spouse. A possible workaround for this problem would be to generate a list of “alternate” answers to these preset questions; for example, instead of listing the actual make and model of their first vehicle, the client could answer this question with the make and model of their dream vehicle.

Making profiles “Private” does not always mean the information is private: Clients might not realize that simply making their profile “Private” or blocking their soon-to-be ex(continued on page 12)

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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Editorial |

Social Media & Divorce (continued from page 11)

spouse does not automatically make their social media accounts non-accessable to the other spouse. In any divorce, friends and family of the couple will often become more empathetic to one spouse or the other. It is wise to remind the client that the soon-to-be ex-spouse could easily ask a friend or family member who has not been blocked to assist him or her in viewing the client’s profile.

Thus, it is always wise to err on the side of caution when sharing information on social media.

Be mindful of location services within your social media postings: Several social media applications allow the user to “tag” or “check in” at the location from which they are posting to social media. During the midst of a divorce, it is best practice for the client to not engage in these types of location services because it allows the possibility of the soon-to-be ex-spouse, friends, family members, and more importantly, the judge, to pinpoint the client’s activities.

Do not engage in back-and-forth

banter: Advise your client that no matter how tempting it may be to get in a heated exchange on social media with their soon-to-be ex-spouse, take the high road. Remind them that these exchanges could be used against them in their divorce.

Do not post incriminating photos, status updates, shares, etc.: Social media exchanges wherein clients have bragged about their new lovers, their new cars, and how their spouse will never find out that they are hiding assets, have been used in divorce cases.

The dynamics during a divorce change frequently, so you never know what type of photo or status update could be considered incriminating in the divorce. It is always a good idea to highlight the importance of over sharing on social media.

Do save conversations, messages, and comments: Social media can be used as a weapon against your client, but, in the same vein, the soonto-be ex-spouse’s social media can be used as a weapon for your client. If your

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NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

client believes there are social media exchanges from the past that could be helpful to their case, instruct them to take a screen shot of the exchanges with the date, time, and all other pertinent information visible. Similarly, if the client discovers incriminating information during the divorce or after the divorce, they information should also be documented.

Be mindful, however, that some social media applications allow their users to see exactly who has viewed their information—e.g., Instagram Stories and SnapChat—which could lead to unwanted embarrassment for the spouse that is “creeping” or “snooping” on the other spouse.

With the widespread use of social media, it is important to remember that everything you do is more accessible to everyone. Asking your client to follow the foregoing advice and tips will help them avoid complicating the already difficult divorce process with social media. n Endnotes

Andrew Perrin, Social Media Usage: 2005-2015, Pew Research Center, Oct. 8, 2015, PewInternet.org/2015/10/08/ social-networking-usage-2005-2015.

1

KIMBERLY FAYE is the senior law clerk to the Honorable Frank G. Clement at the Tennessee Court of Appeals.

Kimberly is a member of the Nashville Bar and serves on the Nashville Bar Journal Editorial Committee, and the Appellate Practice, Community Relations, and Health and Wellness Committees. She is also a member of the Harry Phillip’s American Inn of Court and a board member of the Lawyers’ Association for Women. Kimberly is a graduate of the Nashville School of Law.

BACKGROUND CHECK

Judge Kelvin Jones | Bart Pickett

Judge Kelvin Jones became the newest Circuit Court judge for the 20th Judicial District in 2014. The Huntsville, Alabama native seemed to predict his future role at a young age. At his kindergarten graduation, each student dressed as a future professional. The young Jones proudly donned a judicial robe while carrying a gavel. He keeps a photo from that day in his desk.

Judge Jones did not always think law school was in his future, however.

He applied to and was accepted into Howard University’s pre-med program.

Not until he had to take an elective in his second year did the future judge consider any different career path. He interned for then-Senator Al Gore’s presidential campaign in 1987. Jones enjoyed that internship so much that he did another one, this time for the Democratic Senatorial Campaign Committee. The realization that he enjoyed politics led Jones to switch his collegiate track to major in political science and philosophy.

Finishing college in only three years, Jones stayed in D.C. for another year before starting law school. The philosophy department at Howard offered him a graduate assistantship to start his

master’s degree and teach. Jones then returned to his native Alabama to begin law school at the University of Alabama.

During a job fair in Atlanta during his second year, Jones landed a summer clerkship at a firm in Denver, Colorado. Having received an offer for postlaw school employment from that firm, Jones prepared to take the Colorado bar exam. On the first day of bar review, Jones learned that his future firm had decided to dissolve by year’s end. Since he had already signed up for the Colorado bar and the deadline had passed for the Alabama bar, Jones stayed the course and began applying for other jobs in Denver. Fortunately for him, he ended up with multiple offers, including an offer from one of the largest firms in Denver.

Jones enjoyed his practice in Denver, which included securities litigation and general corporate work. In addition to working at the firm, he taught classes in ethics and law at the Metropolitan State College of Denver and found time to get involved in the political sphere, including campaigning for and advising the mayor. Judge Jones lived in Colorado from 1993 until he received a fateful call from a job recruiter in 1997, which eventually led him to Bass, Berry & Sims in Nashville.

He practiced at Bass Berry in its mergers and acquisitions practice group until 1999. While at a lunch and learn at Bass Berry, Judge Jones met Bill Purcell. After working on Purcell’s mayoral campaign, Jones became the mayor’s in-house legal adviser. Jones went on to serve as the Executive Director of the Metro Humans Relations Commission

for six years.

After leaving Metro, Jones struck out on his own to start a general law practice in 2010. He handled a range of cases, including personal injury cases, business matters, and criminal and juvenile cases. Jones felt the call to bench and decided to run for the 8th Circuit Court in 2014. Having run a successful campaign, Judge Jones has served in that role since September 2014.

Judge Jones lives in West Nashville with his wife, Denise, and two children, KJ and Alaina Bryce. Denise works as the Assistant Vice President and Legal Counsel for Sarah Cannon Center for Cancer Research. Jones stays active in the community serving on multiple boards, including the Tennessee Coalition to End Domestic Violence, the YMCA of Middle Tennessee, and the Boy Scouts of America. He also greatly enjoys the outdoors and deer hunting. n BART PICKETT is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty

Mutual

Group,

Inc.’s insureds and customers of its affiliated groups throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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LEGISLATIVE COLUMN

Capitol Notes | Nathan H. Ridley

Attitude is a little thing that makes a big difference. —Winston Churchill Ready for the 110th General Assembly. The 110th General Assembly will convene in organizational session at noon on Tuesday, January 10, 2017.

While the federal presidential campaign sucked all the oxygen out of the room, other candidates for state office also were running election campaigns in 2016. The results were largely unsurprising. Donald Trump carried Tennessee with 61% of the vote. The State Senate still has a 28R-5D partisan breakdown with only one new member, former State Representative Jon Lundberg from Bristol who takes the place of Ron Ramsey who did not seek reelection to his Senate seat. The State House will have a 74R-25D partisan breakdown for a net gain of one seat for our Republican friends. New House members from the Nashville area include Sam Whitson in District 65 covering part of Williamson County and Michael Curcio in District 69 covering all of Hickman County and parts of Dickson and Maury counties.

Legislature 101. The legislative process is always ongoing. All members are equal, but some members are more equal than others. On January 10, the new Senate Speaker is expected to be 72-year-old retired pharmacist, Randy McNally of Oak Ridge. Senator McNally has 36 years of legislative experience and is currently serving as the Chair of the Finance Ways & Means Committee.

He is expected to be unopposed in this race for Speaker. The House is expected to choose its current Speaker, Beth Harwell of Nashville, to continue for another two-year term. Speaker Harwell (59) has 28 years of legislative experience and has served 3 terms as House Speaker. Armed with her undergraduate degree from David Lipscomb and her doctoral degree from Vanderbilt, she has worked as a university professor.

There, she developed a skill set that comes in handy when dealing with the sometimes rambunctious House.

2017 Legislative Issues of Note. The General Assembly’s first task is always passage of the Governor’s proposed appropriations bill. While state revenues

are doing fairly well, Tennessee continues to be a low tax, low service state, and the needs are many. The state budget process is also laboring under the General Assembly’s 2016 cut in the Hall Income tax rate from 6% to 5% with future annual one-percentage point reductions to continue until the tax is abolished in 2022. The General Assembly is also expected to address our ongoing opioid epidemic, broadband access, a General Motors initiative dealing with self-driving motor vehicles, perhaps a Governor proposed fuel tax bill to address declining gasoline and diesel tax revenues and infrastructure needs, and an array of health care bills from the varying perspectives of providers, payers, and those concerned with access to affordable care.

2018 Gubernatorial Race. On November 9, 2016, the race began for the 2018 gubernatorial election. As you know, our Tennessee Constitution limits a governor to serving two consecutive terms. Names already floating to succeed Governor Haslam for our Republican friends include: Diane Black (65) of Sumner County; Marsha Blackburn (64) of Williamson County; Randy Boyd (57) of Knox County; Mark Green (52) of Montgomery County; Bill Hagerty (57) of Davidson County; Beth Harwell (59) of Davidson County; Bill Lee (56) of Williamson County; Mark Norris (61) of Shelby County; and perennial candidate Joe Carr (58) of Rutherford County. Names floating for our Democratic friends include Karl Dean (61) and Bill Freeman (65), both of Nashville and perhaps Andy Berke (48) of Hamilton County. This race will affect the upcoming legislative session.

(continued on page 25)

DEC / JAN 2016-17 | NASHVILLE BAR JOURNAL

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Bill & Phil’s Gadget of the Month | Bill Ramsey & Phillip Hampton

Google Pixel Phone

We know that Apple is still the King of the Hill in the smartphone market (in the U.S., at least); nonetheless, we still have a strong affection for our Android-based phones, especially Phil. As such, we were dismayed when the new Samsung Galaxy Note 7 crashed and burned (literally) upon launch. Fortunately, we had not yet purchased the latest Note phone before the over-heating reports began to surface in the news. So, with money already budgeted for the latest and greatest Android competitor to the iPhone, we began to search for a worthy candidate.

We didn’t have to wait long. Google gave us an October surprise with the rollout of two new Google-branded phones: a 5-inch Pixel and a 5.5-inch Pixel XL. The Pixel phones are a new endeavor for Google, as they seem to be drawing the curtain on their previous line of co-branded phones under the Nexus label. With these new Pixel phones, it is quite apparent that Google is upping its game to compete directly with the highend iPhone 7 and Galaxy S7 models.

The price certainly is in the high-end phone strata, starting at $649. But since

we had an older HTC phone on the Verizon network, and Verizon was offering a pretty good trade-in allowance to apply toward the new Pixel (at the time of this writing, the Pixel is available exclusively on the Verizon network), we took the plunge and snatched a “very silver” Pixel XL, taking advantage of Verizon’s option to finance the purchase over twenty-four months with no interest.

Out of the box, the Pixel XL has a remarkable resemblance to one of the iPhone Plus models. It is tall and sleek and has a substantial feel without being heavy. We noticed the fingerprint scanner on the back of the phone and promptly set it up to awaken the phone with just the touch of the finger. And it works very well with no glitches – at least that we have encountered. We also noticed there were no visible navigation buttons. These “buttons” appear as soft buttons on the display when the phone is powered on.

This change took some getting used to, but we definitely like the smooth front face of the phone with no button protrusions.

Of course, one of the first things we had to try was the new, much-hyped Google Assistant, which is Google’s answer to Apple’s Siri, Amazon’s Alexa, and Microsoft’s Cortana. Google Assistant is a built-in digital assistant that purports to be more “intelligent” and in addition to answering your audible questions, will be more “conversational.” We found it to be ok, but not supremely better than Siri or Alexa. What is unique is that Google Assistant will give an answer to a question and then suggest follow-up questions.

For example, when we asked what flights

were available from Nashville to New York City, Google Assistant replied with a list of available flights, along with their prices. In addition, Google Assistant suggested a number of follow-up questions and information such as “Hotels in NYC”, “car rental near NYC”, “car park near Nashville airport”, etc. In other words, Google Assistant attempts to anticipate your next question before you ask it and gives you a quick way to “converse” with the digital assistant system.

The next feature we tried was the excellent 12-megapixel camera. We definitely know the quality of photos that you can shoot with an iPhone 7, as well as the Galaxy S7; and, we think the photo quality of the Pixel camera is up there with both. The Pixel camera even seems to excel in low-light situations. We were not as enamored with the 8mp front-facing camera; but, then again, it could be the image that it was capturing (our faces) that soured us.

What is certainly noteworthy about the Pixel camera is that Google is offering free, unlimited cloud storage for photos and videos taken with the Pixel.

This perk lessens somewhat the disappointing omission of an external SD card slot for additional storage. We hear so many complaints from people about the difficulty in transferring and securing photos from their phone to more permanent storage. Google has made it exceedingly easy and cheap to do with the Pixel.

We were glad to see that Google did not follow Apple’s lead in removing the headphone jack, although the phone does not come with a set of headphones.

But, of course, we have literally dozens of (continued on page 25)

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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CLE SPOTLIGHT

NashTech Legal Conference Review | John Sweeney The kickoff NashTech Legal Conference—sponsored by LOGICFORCE in conjunction with the Nashville Bar Association—drew an international audience of legal professionals from firms, corporations, and consultancies interested in learning more about the latest strategies for law practice development and the increasing impact technology will have on our industry. The goal of this annual conference is to share innovative ideas that work in today’s legal market and create a means to profitability for outside counsel, in-house legal, legal operations, and IT and eDiscovery professionals. Based on comments from the attendees, I think we hit our mark.

For example, Chip Campbell, Partner at Frost Brown Todd stated, It was a great blend of the practical and the higher level concerns lawyers face today.

Teresa Walker, COO, Waller, likewise said, I will be able to take the ideas presented at NashTech back to my company to produce more efficient operations.

Bryant Gauthier, National Director of Litigation Support, Buckley Sandler LLP was highly impressed: I thought NashTech had a great variety of experts in eDiscovery. They provided real world scenarios and ways to work through them.

Trey Harwell, Partner at Neal & Harwell said NashTech was a great experience. It was relevant, informative and insightful.

Our keynote speaker, the Honorable Shira Scheindlin was her usual outstanding self, citing recent case law time and again to make her point about the impact the latest amendments to the Federal Rules of Civil Procedure will have on how we try cases. Every lawyer I spoke to expressed appreciation for the perspectives she shared as a sub18

ject matter expert from her years as a United States District Judge providing several landmark opinions.

Outside counsel, looking to grow their practices, learned a great deal from our session on “Creating a Winning Scenario for Outside and In-House Counsel.” Our panel featured Justin Miller, former Chief of Litigation at DuPont, and Scott Richardson, Senior Counsel at Goodyear Tire & Rubber Company.

Both are outstanding lawyers and businessmen who made it very clear that simply providing legal advice is no longer enough for any outside counsel to keep their corporate clients—let alone gain new ones. These experts provided numerous examples and explained that to be truly valued by corporate legal, outside counsel must deliver ideas that either preserve, enhance, capture, or create valuable business opportunities.

Otherwise, they are replaceable and will not have a seat at the table when decisions are made on the lawyer corporations will use and firms they’ll hire.

The Honorable William Koch and Honorable Joe Brown led a discussion on the effects the rapid pace of technological innovation is having on the work lawyers do today. Explaining that all attorneys are going to have to embrace the fact that we are in a technology driven world and their ethical obligations will continue to evolve along with it.

The multi-faceted topic of Big Data and its impact on eDiscovery and Information Governance took two sessions to cover. Attorneys in our audience were especially appreciative of learning the value of applying data analytics to large sets of documents for review in order to lessen the overall financial burden for their clients while getting to the merits of their cases in less than half the time of

NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

traditional methods. While Russell Taber, Riley Warnock & Jacobson, PLC, and Tom Shaw, Associate General Counsel, Corrections Corporation of America, reinforced the power of properly planning for litigation and the benefits of data mapping.

“Cyber Security in the Law Firm” was led by a panel of experts with firsthand knowledge of the infamous Panama Papers breach. It was great to see such a lively discussion and Q&A. FBI Special Agent Scott E. Augenbaum and Brad Sidwell, CIO, Buckley Sandler LLP, held court with a riveted audience explaining that cyber threats are real and will become more sophisticated as law firms continue to host millions of sensitive documents that can be used for profit, while a hacker’s chance of ever being brought to justice is very minute.

When the risk versus reward is in the bad guys favor every law firm must take extra precaution to ensure client information is safe.

We wrapped up our conference with some insight on legal technology and gadgets from the world renowned Bill and Phil Show put on by esteemed attorney Bill Ramsey and LOGICFORCE founder Phillip Hampton. This is always a crowd favorite, and they did not disappoint.

Everyone at LOGICFORCE and the NBA is very appreciative of those who attended and played a role in putting NashTech together. I hope you’ll consider attending next year’s event. n JOHN SWEENEY serves as President of LOGICFORCE. He has over 25 years of experience as a legal business consultant and executive leading publicly traded and privately held concerns to unprecedented financial results.

NBA is your source for cutting edge, quality continuing legal education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration visit NashvilleBar.org/CLE. T UE S DAY, DECEMBER 1 3 | LIVE SEM I N A R

TH U R S D AY, D E C E M B E R 15 | LI V E SEM IN A R

THC | TESTING, HISTORY, & CONVERSATION SURROUNDING THE STATE OF MARIJUANA LAWS IN TENNESSEE

ETHICS AND PROFESSIONALISM IN GOVERNMENT PRACTICE

OVERVIEW Hear from both sides on the dynamic issue of the state of marijuana laws in Tennessee. Learn the history, discover how we got to where we are today, and find out about enforcement.

This seminar will offer state and local perspectives as well as a look at what is on the horizon.

PRESENTERS

OVERVIEW The Nashville Bar Association has been the state government CLE provider for over 20 years. This year’s seminar includes a variety of relevant government topics including the Board of Professional Responsibility, Guidance From the Bench On How Attorneys Should Deal With the Court, Pro Se Litigants, and Each Other, Conflict of Law and the Industrial Hemp Program, Contested Case Hearings, and The Ridley Report.

PRESENTERS

Hon. Steven Dickerson, Tennessee State Senator Hon. Jeremy Faison, Tennessee State Representative Paul Kuhn, Co-Founder and Principal Emeritus, Woodmont Investment Counsel, LLC Hon. William Lamberth, Tennessee State Representative Hon. Dave Rosenberg, District 35 Council Member Allison Watson, Former Assistant District Attorney, 13th Judicial District

J. Richard Collier, Chief Administrative Judge Administrative Procedures Division Sandy Garrett, Chief Disciplinary Counsel, Board of Professional Responsibility Hon. Amanda McClendon, Second Circuit Court Judge Erin Merrick, Assistant Attorney General Nathan Ridley, Attorney at Law, Bradley, LLP Herbert H. Slattery III, Tennessee Attorney General David Waddell, Tennessee Department of Agriculture

D E TA I L S

D E TA I L S

Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Registration. . . . . . . . . . . . . . . . . . . . . . . . . . 7:30am – 8:00am

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 4:30pm

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00am – 4:15pm

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0 General

Credit. . . . . . . . . . . . . . . . . . . . . . . 6.0 (3.0 Dual | 3.0 General)

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Location. . . . . . . . . . . . . . . . . AT&T Building, 1st Fl Auditoriam

COST

COST

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195

NBA Members/Government Rate . . . . . . . . . . . . . . . . . . . $275

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $389

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $549

For registration after December 9, add a $10 late fee.

For registration after December 13, add a $10 late fee.

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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M ONDAY, DE CEMBER 1 9 | LIVE SEMINA R

TU E S D AY, D E C E M B E R 20 | LI V E S E MIN A R

CHANCERY COURT PRACTICE

CLE BY-THE-HOUR

OVERVIEW

OVERVIEW

Attend a training on the new electronic filing system for Chancery Court and hear about other recent developments – this morning seminar focuses on Chancery Court practice, and the afternoon seminar (see below) focuses on Circuit Court practice.

PRESENTERS Local Chancellors | To view the agenda,visit NashvilleBar.org/CLE. D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00am – 12:20pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 General Location. . . . . . . . . . . . . . . . . . . . . . Nashville Bar Asssociation

CIRCUIT COURT PRACTICE OVERVIEW Gain valuable trial practice insights and “top 10” dos and don’ts on trial practice procedure from seasoned practitioners – this afternoon seminar focuses on Circuit Court practice, and the morning seminar (see above) focuses on Chancery Court practice.

PRESENTERS Local Circuit Court Judges & Practitioners To view the agenda,visit NashvilleBar.org/CLE. D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:30 – 4:50pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 General Location. . . . . . . . . . . . . . . . . . . . . . Nashville Bar Asssociation COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . $139/seminar Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . $279/seminar For registration after December 15, add a $10 late fee.

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NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

The NBA brings you CLE by-the-hour! Earn up to 6 hours of CLE credit. Topics include: 9:00-10:00am | Ten Things Everyone Should Know About Construction Law 10:10-11:10am | Legal Tech & Toys: Making Your Practice More Money and More Fun 11:20-12:20pm | Medicals in Torts: Where the Law Stands Today 1:30-2:30pm | Why Mediators Get Sued 2:40-3:40pm | Ethics and Professionalism 3:50-4:50pm | Ethics and Professionalism P R E S E N T E R S & D E TA I L S For a list of presenters and full agendas, visit NashvilleBar.org/CLE. Registration starts 30 minutes before each seminar begins.

Seminars will be held all day from 9:00am – 4:50pm.

Morning seminars each offer 1.0 General CLE. Afternoon seminars each offer 1.0 Dual CLE. Location. . . . . . . . . . . . . . . . . . . . . . Nashville Bar Asssociation COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . $45/CLE Hour Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . $89/CLE Hour For registration after December 16, add a $10 late fee.

DE CE MB ER 2 7–2 9 | LIVE SEMINA R

TH U R S D AY, D E C E M B E R 29 | LI V E SEMIN A R

CLE FILM FESTIVAL: ETHICS & PROFESSIONALISM IN THE MOVIES

A SHOT OF CLE: ALCOHOL AND THE LAW

OVERVIEW

As the wine and craft brew scene has become more crowded and competitive, breweries are facing new challenges. Not only must breweries be aware of particular business considerations unique to their endeavors but now must also deal with increasing brand disputes. Breweries that fail to protect their brands early are finding themselves on the receiving end of lawsuits alleging trademark infringement. Those breweries must make an expensive choice: rebrand and risk losing market share, or hire a lawyer and fight back.

Are you looking for a fun way to earn your ethics and professionalism CLE credits? This CLE seminar series features classic legal films that portray numerous ethics and professionalism issues in attorney practice. Following the film, join your colleagues in a lively discussion of the issues and challenges illustrated in the movie.

SCHEDULE & PRESENTERS December 27 | 9:00am – 12:15pm | The Rainmaker Robert L. Delany, Tune Entrekin White James Weatherly, Jr., Weatherly, McNally & Dixon, PLC December 27 | 1:00 – 4:15pm | Bridge of Spies Edward D. Lanquist, Jr., Patterson Intellectual Property Law December 28 | 9:00am – 12:15pm | My Cousin Vinny Karl Warden, JD, LLM December 28 | 1:00 – 4:15pm | Chicago Karl Warden, JD, LLM December 29 | 9:00am – 12:15pm | Lincoln Joseph Williams, American Center for Law and Justice Palmer Williams, American Center for Law and Justice D E TA I L S Registration starts 30 minutes before each program begins.

OVERVIEW

Learn about the business law considerations for new breweries and some of the changes happening in Tennessee, the evolution of craft beer brand disputes, how breweries can protect their brands under intellectual property law, and some of the pitfalls of branding and rebranding in light of various state and federal trademark and beer labeling laws.

A happy hour is included for all seminar participants.

PRESENTERS Curtis Harrington, Farmer Purcell White & Lassiter, PLLC Ryan Levy, Patterson Intellectual Property Law, PC Gary Montle, Patterson Intellectual Property Law, PC D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:30pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:00 – 5:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual (per seminar)

COST

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95

COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . $139/seminar

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $189 For registration after December 27, add a $10 late fee.

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . $279/seminar For registration after 5:00pm two business days before the seminar, add a $10 late fee.

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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MORE LIVE SEMINARS You r L o cal S our c e f or Cut t ing Edge CLE

P LI LI V E WE B C A S TS Li ve C LE C redi t f rom I nnovat i ve Web c a s ts

Journey to Cuba

Saturday, April 1 – Wednesday, April 5 The NBA is going to Havana, and we want you to come with us! This cross-cultural education exchange will offer approximately six hours of CLE credit. Visit NashvilleBar. org/Cuba for details and registration, or contact Daniel@ CubaCulturalTravel.com.

PLI and the NBA provide sophisticated programs to Tennessee attorneys through live webcasts held at the NBA Conference Center. Attendees will earn live CLE credit. Registration is free for PLI’s Privileged members. Visit NashvilleBar.org/CLE for course details and to register.

Building Better Construction Contracts December 16, 7:45am – 4:00pm 1.0 Dual | 5.5 General Complimentary breakfast included.

Ethics for Corporate Lawyers December 22, 1:00 – 3:30pm

2.08 Dual

Drafting and Negotiating Corporate Agreements January 6, 8:00am – 4:00pm 1.0 Dual | 5.5 General Complimentary breakfast included.

NBA ONLINE SEMINARS Perso n al i zed Le a r ning on Your Sc he du l e

Mergers & Acquisitions: Advanced Trends and Developments January 12, 8:00am – 3:45pm January 13, 8:00am – 3:45pm 1.0 Dual | 11.2 General Complimentary breakfast included.

is the exclusive online support network for the NBA.

Check out our online seminars at NashvilleBar.org/CLE and register now. There are hundreds of seminars to choose from, including this new one below:

The Cure for Procrastination 1.0 Dual

For most practitioners, time is money. Yet many attorneys find themselves unable to cultivate the time management strategies they need to succeed. Sharpen your saw, work smarter, and take an inventory of your own time and focus management strategies. Learn more about how to improve not only your own approach to managing time but also how to better mentor and lead others at your firm or organization on this topic.

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NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

Intellectual Property Rights Enforcement January 20, 8:00am – 4:00pm 1.0 Dual | 5.2 General Complimentary breakfast included.

Understanding Financial Products January 25, 8:00am – 4:00pm January 26, 8:00am – 4:00pm 1.0 Dual | 11.5 General Complimentary breakfast included.

Recent Developments in Distressed Debt, Restructurings, and Workouts February 1, 8:00am – 4:00pm 6.0 General Complimentary breakfast included.

International Tax Issues February 7, 8:00am – 4:00pm Complimentary breakfast included.

6.3 General

W E BI NARS | FEATURING SEAN CARTE R , E S Q. L a ugh While You Le a r n

WE B I N A R S ( C O N TI N U E D ) Loose Lips Sink Partnerships (and Clients Too): The Ethical Way to Honor Client Confidentiality Dec 31, 12:00 – 1:00pm 1.0 Dual Lies, Dam Lies & Legal Marketing: The Ethics of Legal Marketing Jan 9, 12:00 – 1:00pm 1.0 Dual

What NASCAR, Jay-Z and the Jersey Shore Teach About Ethics Dec 14, 11:00am – 12:00pm 1.0 Dual It’s Not the Fruit, It’s the Root: Getting to the Bottom of our Ethical Ills Dec 19, 12:00 – 1:00pm 1.0 Dual From Competence to Excellence: The Ethycal Imperative for Excellent Client Service Dec 20, 12:00 – 1:00pm 1.0 Dual Don’t Be an Outlawyer: The Ethycal Imperative to Follow the Law Dec 21, 12:00 – 1:00pm 1.0 Dual Nice Lawyers Finish First Dec 22, 12:00 – 1:00pm The Art of War and Cross Examinations Dec 27, 12:00 – 1:00pm

1.0 Dual

1.0 General

1.0 Dual

The Truth, The Whole Truth and Nothing But the Truth: The Ethycal Imperative for Honesty in Law Practice Dec 29, 12:00 – 1:00pm 1.0 Dual Show Me The Ethics!: The Ethycal Way to Bill for Legal Services Dec 30, 12:00 – 1:00pm 1.0 Dual

The 2017 Ethy Awards Jan 21, 11:00am – 1:00pm

2.0 Dual

Fail Better: Continuing Efforts to Eliminate Bias in the Legal Profession Jan 27, 12:00 – 1:00pm 1.0 General N B A TE LE S E M I N A R S E asy M obi l e A ccess When You’ re o n th e G o !

12:00 – 1:00pm For registration, visit NashvilleBar.WebCredenza.com.

DECEMBER

Attorney, Heal Thyself: The Detection, Treatment and Prevention of Substance Abuse Dec 28, 12:00 – 1:00pm 1.0 Dual Thou Shalt Not Lie, Cheat & Steal: The Ten Commandments of Legal Ethics Dec 28, 4:00 – 5:00pm

Attorney, Heal Thyself: The Detection, Treatment and Prevention of Substance Abuse Jan 18, 12:00 – 1:00pm 1.0 Dual

Dec 12 | The Ethics of Creating Attorney-Client Relationships in the Electronic Age Dec 13 | Ethical Issues in Buying, Selling, or Transferring a Law Practice Dec 14 | Planning with Single Member LLCs, Part 1 Dec 15 | Planning with Single Member LLCs, Part 2 Dec 16 | Lawyers and Email: Ethical Issues in Practice Dec 19 | Legal Ethics in Contract Drafting Dec 20 | Escrow Agreements in Real Estate Dec 21 | Drafting Preferred Stock/Preferred Returns Dec 22 | Ethics and Keeping Secrets or Telling Tales in Joint Representations

|

Dec 23 Ethics and Confidentiality: What You Can Disclose, What You Must Disclose Dec 27 | Incentive Compensation in Business Entities, Part 1 Dec 28 | Incentive Compensation in Business Entities, Part 2 Dec 29 | Ethics & Conflicts with Clients, Part 1 Dec 30 | Ethics & Conflicts with Clients, Part 2

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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GET A CLE EASY PASS & GO! 3 EASY PASSES TO CHOOSE FROM:

8-HOUR CLE PASS

10-HOUR CLE PASS

$265 (2 free CLE hours = $95 savings)

15-HOUR CLE PASS

$315 (3 free CLE hours = $135 savings)

$420 (6 free CLE hours = $255 savings)

Valid from Nov 1, 2016 to Oct 31, 2017.

Purchase your members-only CLE Easy Pass now, and save up to $255 on cutting edge CLE! Choose a CLE Easy Pass that fits your “Live” CLE hour needs and your budget. For questions or to purchase your CLE Easy Pass, email NBA_CLE@nashvillebar.org or call 615-242-9272.

R E GI S TR ATI O N ONLINE NashvilleBar.org/CLE

MAIL Nashville Bar Association | ATTN: CLE Division 150 4th Ave N, Ste 1050 | Nashville, TN 37219

PHONE 615-242-9272

Please register me for the following NBA live seminars:

Name:

BPR#

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Phone:

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Zip: (Required to receive seminar materials)

PAYMENT OPTIONS Visa

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LATE FEE: Registration must be received by 5:00pm two business days ahead of the seminar. If you register late, please add a $10 late fee to your payment.

CANCELLATION: No refund or credit will be issued after 5:00pm two business days ahead of the seminar; however, a substitute may attend for a registered participant. CLE EASY PASS HOLDERS: Cancellation must be received by 5:00pm two business days ahead of the seminar to retain CLE Easy Pass hours.

CLE Easy Passes are non-transferable, and a substitute may not attend for an Easy Pass Holder.

24

NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

(continued from page 15)

Checklist for December.

1. Call or write your state representative and congratulate her or him upon election or reelection as appropriate— same for your state senator. Remember, a state senator has a four-year term and only those with an even numbered district were up for reelection in 2016. It is a good time to be sure you have the mobile phone number of your state and local elected officials.

2. For procrastinators, satisfy your 2016 CLE requirements from the rich array of NBA December CLE offerings.

This a great option for you and the NBA. 3. For 1st or 2nd year lawyers, sign up for the NBA Friday Fundamentals.

On every Friday, starting in January 2017 and running through March, you get a 90 minute tutorial on the parts of lawyering that your law school neglected to teach you. The cost is covered as part of your NBA dues. NBA members with 3 to 5 years of experience may participate for a flat rate of $129.

4. Check your list for those who have been naughty or nice.

Calendar Notes. State offices will be closed December 26 and 27 in observation of the Christmas holiday, and January 2 and 3 in observation of the New Year’s Day holiday. NBA offices will be closed December 23, 26, and 30, and January 2 for the noted holidays.

All government offices and NBA offices will be closed on January 16 in observation of Dr. Martin Luther King’s birthday. n NATHAN RIDLEY is an attorney with the Nashville firm of Bradley, LLP. You may email him at nridley@ bradley.com.

(continued from page 17)

of headphones that we can use; and we probably will need to use them with the Pixel (or connect to a Bluetooth speaker) since the built-in audio speaker is ok, not great.

What perhaps is most striking about the operation of the Pixel phone is how quick and responsive it is. Furthermore, the battery life is impressive, as well.

We literally have exceeded twenty-four hours without a recharge. And when recharging is necessary, the recharge time is very quick (going from 0 to 50% charge in about thirty minutes).

The verdict: we really like Google Pixel! It is a premium smartphone worthy of comparison to the iPhone 7 and Galaxy S7, two of the most popular phones on the market right now. You don’t want to go swimming with the Pixel, as it is not dunk proof like the iPhone 7 and Galaxy S7. But if you want the latest and purest version of Android in a premium smartphone form with an excellent camera, unlimited cloud photo storage, the new “Google Assistant” banter, and a remarkable battery to carry you throughout the day and night, the Google Pixel might be your next best option. Or, you could be like us and buy all three. n See you next time.

THE NASHVILLE REAL ESTATE MARKET IS EXPLODING

ADVERTISE IN THE NBJ CLASSIFIEDS! CLASSIFIED ADVERTISING RATES LINE ADS: $85 for the first 50 words and $1.25 for each additional word.

Must be received no later than the 15th of the month prior to publication.

DISPLAY ADS: $400 for 1/3 page | $325 for 1/4 page | $275 for 1/8 page

Visit NashvilleBar.org/ NashvilleBarJournal for more information.

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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26

NASHVILLE BAR JOURNAL | OCT/NOV 2016

Editorial |

Joycelyn A. Stevenson

What a Difference a Year Makes As President of the Nashville Bar Association, I would like to reflect on my year as President and highlight several of my favorite moments and to thank several people who made this year possible.

Diversity Summit March 2016

With over 100 people in attendance, we had our first Diversity Summit in 10 years. Under the leadership of Summit Chairs Tim Capria and Erica Watson, we tackled important issues related to diversity at the local level, as well as how attorneys can address issues of diversity within their institutions. It was such a great event that the committee is currently planning another summit for 2018.

Website, Database, & NBA Journal Changes

The staff spent a considerable amount of time this year working on the new Nashville Bar Journal, NashvilleBar.org, and the new database, which required transitioning the collection and storage of member information from the old database.

I hope that you like the changes and the new look for the NBA. One of the board’s strategic planning goals involved increasing our marketing efforts and branding in the legal com

munity. Moving to a bi-monthly, full-color magazine and changing how we communicate with our members will make us more efficient and responsive going forward. I gained such a great appreciation for how much work goes into publishing the journal, keeping our social media pages current, marketing our events, and keeping our database up-to-date. Please continue to “like” us on Facebook, follow us on Twitter, and tag us on any NBA events that you attend on social media.

Law Day 2016

One of my favorite events this year was Law Day in April 2016. Not only did we adopt the ABA’s theme of “Miranda”, but we actually had the President of the American Bar Association, Paulette Brown, attend our Law Day program. TBI Director Mark Gwyn served as our keynote speaker. Having two leaders who made history in their respective roles was a huge honor, and I am appreciative of their service.

Membership Goal

Like many bar associations, one of our biggest challenges in the NBA is increasing our membership each year. We have (continued on page 28)

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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Editorial |

What a Difference a Year Makes (continued from page 27)

maintained roughly 2,500 members over the past few years, although we tend to lose some during the renewal period between October and December of each year. For example, we ended our dues year in 2015, with approximately 2,500 members, but started the new year in 2016, with roughly 2,300.

Our membership committee, under the leadership of Second Vice President Andrea Perry, set a goal at the beginning of this year to reclaim members lost during renewal and to add to that number so that we could end the dues year at 2,700 members. This challenge was not an easy one but with the help of the board of directors, we made several phone calls at different points throughout the year and personally reached out to members and non-members about the benefits of joining the NBA. That hard work paid off because as of November 21, we had 2,867 members!

In addition, the committee worked to find corporate Affinity Partners willing to offer benefits and discounts on goods and services to NBA members. Those Affinity Partners are listed in each Nashville Bar Journal and on your individual membership pages on NashvilleBar.org.

The committee also created an “elevator speech” about what it means to be a member of the NBA to help the board and the entire membership expand the reach of our organization.

Another item still in the works is working with our local law schools to increase our student membership and hopefully create a continuous pipeline of student members who eventually want to become leaders within the bar.

The Membership Committee has gone above and beyond this year, and I cannot thank them enough for all of their

28

hard work.

Cuba & Bench and Bar Retreat

Two things that we did not complete this year that will be completed next year are the NBA trip to Cuba in April 2017 and the Bench and Bar Retreat in Fall 2017. We have a great group signed up for Cuba, and it will be the first of hopefully many trips that we take as an Association. We are looking forward to the retreat where our judges and attorneys will have an opportunity to learn from one another and strengthen relationships between our bench and bar.

RESERVE OUR FACILITIES

Final Thoughts

I could write so much more about my experience as president this year because it was such a rewarding experience. Please know that the NBA Board cares immensely about issues affecting our bar association and no decisions are made lightly. We are cognizant that we must grow and change in order to continue to meet the needs of a changing bar, especially in light of the growing competition for dues and membership in organizations. We need your input and your leadership.

Thank you to each committee chair, officer, board member, staff member, and volunteer who helped make this year possible. We could not do this without the support of so many people who give so much for so little.

And—many thanks to you—for being a member whose praise and criticism are all important and necessary to the continued success of this association. I am eternally grateful for the support that I received this year, and I look forward to supporting my friend and former law partner, Nathan Ridley, as he begins his

NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

(continued on page 29)

Did you know? The Nashville Bar Association offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville. We have a spacious Conference Center and a smaller Board Room—both of which have Wi-Fi access, phone, and video-conferencing—available for your use. For more information, contact Vicki.Shoulders@ nashvillebar.org or visit NashvilleBar.org/ReserveOurFacilities.

Editorial |

What a Difference a Year Makes (continued from page 28)

presidency in 2017. He will be a terrific leader, and I look forward to supporting his vision for the future of the NBA. I am including some of my favorite photos from this past year for your enjoyment. n JOYCELYN A. STEVENSON is a shareholder at Littler Mendelson, PC, where she practices labor and employment law, specifically representing local and national corporate clients on workplace issues including race, sex, disability and age discrimination, as well as in lawsuits and administrative charges brought pursuant to state and federal law. She also manages a variety of complex client relationships and provides day-to-day counseling on personnel decisions, policy revisions, and strategic planning for businesses across the country.

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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TENNESSEE CHAPTER

Nashville Area Members recognized for Excellence in the field of Mediation or Arbitration

Gail ASHWORTH (615) 254-1877

John BLANKENSHIP (615) 893-4160

Paul DeHOFF (615) 893-8896

Hon. Robert ECHOLS (615) 742-7811

Barry L. HOWARD (615) 256-1125

Mark LeVAN (615) 843-0300

James KAY (615) 742-4800

Gayle MALONE, Jr. (615) 651-6700

David NOBLIT (423) 265-0214

Dan NOLAN (931) 647-1501

Leigh Ann ROBERTS (615) 767-5900

Tracy SHAW (615) 244-3370

Matt SWEENEY (615) 726-5774

John TARPLEY (615) 259-1366

Mark TRAVIS (931) 252-9123

Jack WADDEY, Jr. (615) 850-8752

Check preferred available dates or schedule appointments online directly with the state’s top neutrals www.TennesseeMediators.org is free, funded by members

Editorial |

David R. Strauser, Ph.D.

The Role of Vocational Analysis in Family Law Across all areas of litigation, vocational analysis is primarily employed to determine an individual’s earning capacity. In determining earning capacity vocational consultants will (1) take into account an individual’s age, education, and work experience, (2) examine medical records to identify physical or psychological conditions that may produce restrictions that impact an individual’s functioning, and (3) when relevant, assess voluntary and involuntary reasons an individual may not have been fully participating in vocational activities. Of particular importance in litigation is discerning the difference between an individual’s actual earnings (i.e., demonstrated and historical record of earnings) and an individual’s capacity to earn. This is a particularly important aspect of the analysis in family law because individuals do not always convert his or her earning capacity into demonstrated earnings for a variety of reasons such as disconnecting from the formal labor market to raise a family, care for elderly parents, or because there is a lack of financial need. Identifying and integrating relevant information to determine one’s earning capacity can be a complex process that involves not only determining the individual’s ability to function, but how one’s level of functioning translates to the labor market.

Because determining one’s earning capacity is a complex

multi-step process, vocational consultants will employ a variety of techniques to obtain and integrate information that can be used to support the conclusions regarding one’s earning capacity. Reviewing documents such as depositions, responses to interrogatories, educational transcripts, employment records, and when relevant, medical records, vocational analysis can provide the foundation for the assessment of earning capacity. Because in many family law cases, gaining access to the individual whose earning capacity is in question may be difficult, reviewing records coupled with sound labor market research is sufficient to determine one’s earning capacity. However, if possible, meeting with the individual whose earning capacity is in question may allow the vocational consultant to conduct a more in-depth analysis utilizing in-person interviews and relevant vocational testing, which can provide additional information that can be used to further operationalize the individual’s skills and abilities.

Whether information is obtained from a review of records only, or if record review is supplemented by an interview and testing, identifying one’s skills and how they transfer to the labor market is critically important. In determining one’s transferable skills, it may also be relevant to address how additional education and (continued on page 32)

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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Editorial |

The Role of Vocational Analysis... (continued from page 31)

training can be leveraged to increase or maximize the transferability of skills and one’s earning capacity. Typical issues that are addressed when examining education and training are length and cost of the program, return on investment, age of individual at the beginning and end of training, and if training programs can be used to update or acquire relevant licenses that expand labor market access and earnings such as in nursing, cosmetology, teaching, and real estate. Finally, in determining one’s earning capacity, vocational consultants must have an indepth knowledge of the labor market and be able to examine and integrate multiple sources of labor market information related to job availability, areas of projected job growth, potential for advancement, and what one’s skills and abilities commend in terms of wages. In addition to employing these steps to determine an individual’s earning capacity there are occasions where this information may also be used to identify supportive services such as job search assistance and career counseling that can be provided to

VCS

facilitate labor market reintegration.

In addition to identifying earning capacity, vocational consultants may be asked to address how relocation may impact one’s access to the labor market and earning capacity. In examining the impact of relocation on earning capacity, vocational consultants will typically address how relocation to a different city or region of the country impacts the individual’s access to specific jobs that are consistent with one’s skills and abilities and the earnings associated with those positions. Specifically, vocational consultants frequently are asked to examine how the wages for positions that the individual is qualified to perform compare given the difference in cost of living. Along with commenting on the cost of living differential, vocational consultants also examine how the respective labor markets compare in terms of the distribution of jobs, potential earnings, unemployment rate, and overall labor market growth.

An emerging area in Tennessee and throughout the US that is starting to receive considerable attention is the impact

Vocational Consulting Services

Providing expert vocational analysis for personal injury, family law, and medical malpractice Dr. David R. Strauser 901-907-9985 drstrauser@me.com

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NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

of a child’s disability on his or her ability to live and function independently as an adult. This issue is not only relevant to children with severe physical disabilities, but for children with autism and various mental health conditions such as severe depression and schizophrenia. Vocational consultants with a background in rehabilitation are uniquely qualified to integrate medical and vocational information to assist parties in identifying if the child has a health condition or disability that precludes him or her from being able to meet the demands of the labor market and what their skills and abilities would commend in terms of wages in the open and competitive labor market. An important issue that typically is addressed throughout this process is identifying what,w if any, services can be provided to facilitate labor market entry and if the provision of services is needed on a continual basis for job maintenance.

Given the importance of having clearly defined and accurate information regarding the issues identified above, vocational analysis is becoming increasingly important in the area of family law.

Serving as a consulting or testifying expert, involving a vocational consultant in the process can have a very high return on the investment. n DAVID R. STRAUSER, PH.D. provides forensic vocational analysis in personal injury, marital/ family, medical malpractice, product liability, workers compensation, and employment law.

He works as as a Vocational Consultant and a Professor in the Department of Kinesiology and Community Health at the University of Illinois at Urbana-Champaign where directs the Work and Disability Lab. Dr. Strauser has authored over 100 journal articles and book chapters and is recognized as an international leader regarding the career and vocational development of individuals with disabilities and chronic health conditions.

The Road to Wellness | Tracy Kane

Keep Calm & Eat Well: A Recipe for Surviving and Thriving this Holiday Season Fast-paced, multi-tasking, shallow-breathing, grab-and-go eating, and little sleep. Sound familiar?

This fast-paced schedule is normal life for most, but these ingredients are a recipe for disaster when it comes to your health and wellness. The holiday season can make things worse with increased activities and pressure on your time, rich holiday foods, and added stress from trying to get everything done at home and at work.

During these intense periods of work and play, there are many easy and quick foods you can add to your diet to counter-balance the stress and keep you on your “A” game , but here are a few of my favorite snacks that you can find easily and are relatively cheap:

Cashews

Cashews contain the amino acid L-, which converts to serotonin in the body—a feel good chemical. So, if you are feeling a bit down, go for these creamy satisfying nuts.

Mushrooms

Mushrooms’ calming and centering qualities help restore balance to your system.

They are also packed with anti-cancer compounds and are used to aid weight loss and delay ageing, so eat them in just about anything and as often as you can.

Yogurt

You have probably heard everyone at your gym or grocery store talking about probiotics these days, but there is a good

heart-healthy attributes, it is also a rich source of magnesium and an amino acid called Phenylalanine (PEA), which will help you feel focused and alert.

reason. Not only do probiotics aid digestion, new studies have linked good gut microbes with our mental health, because 95% of the body’s serotonin is made in the stomach. For a non-dairy version, try a coconut yogurt to get the added benefits of medium chain triglycerides (MCTs), which are metabolized differently than most saturated fats and are a quick source of energy (ketones), which can have therapeutic effects on the brain.

Berries

Boost mood and brain function with berries, which are rich in vitamin C and have been shown to be helpful in combating stress. In particular, blueberries have some of the highest levels of antioxidants, which is linked to improved cognition.

Dark Chocolate

Dark chocolate contains many healthy antioxidants, including the two most important types, polyphenols and flavonols, and is known to lower blood pressure, adding to a feeling of calm. Beyond its

Beyond adding some health-boosting, de-stressing foods to your diet over the holidays, avoid (or minimize) high-sugar, low-soluble-fiber carbs (i.e., junk food and refined grains) that create stress in the brain and body and can lead to inflammation and a heightened insulin response, which adds to the fat storage caused by raised stress hormones. Of course, the tried and true rules of getting a little activity (even a five-minute walk around the office will help you mind and body reset) and plenty of sleep are critical to keeping stress and stress-related eating at bay.

The holiday season is a time to enjoy family, friends, and colleagues as we turn the page into a new year, so enjoy it! But be aware of the havoc stress and over-indulgence can bring and try to find a sustainable balance to carry you through into 2017. Happy Holidays! n TRACY KANE is General Counsel and Secretary of LeanKit, Inc. She is a longtime member of the Nashville Bar Journal Editorial Committee, co-chair of the NBA Attorney Health & Wellness Committee, and currently serves on the Board of Sister Cities of Nashville. Tracy received her B.A. from American University and J.D. from Vanderbilt University, where she was named a Fellow of the Cal Turner Moral Leadership Program.

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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Premier Members The NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to NBA programs and services. Contact Vicki.Shoulders@nashvillebar.org for information on how to become a Premier Member.

2017 PREMIER MEMBERS Frank Abernathy Gail Vaughn Ashworth Heidi Barcus Joe Bednarz Joe Bednarz, Jr. Mark Beveridge Hon. Joe P. Binkley, Jr. Jonathan Bobbit Charles Bone C. Dewey Branstetter, Jr. Kenneth Byrd Christopher Cardwell Kay Caudle Mark P. Chalos William Cheek, III John R. Clemmons Hon. Patricia Cottrell John Day Joy Day Robert Dempsey Jacqueline Dixon

David Downard Blair Durham John Floyd Keith Frazier Grant Glassford John J. Griffin, Jr. Jay Harbison William Harbison Hon. Marian Harrison Aubrey Harwell, Jr. Trey Harwell Lisa Helton Paul Housch Margaret Huff R. Jan Jennings J. Phillip Jones Jordan Keller John Kitch Hon. William Koch, Jr. Irwin Kuhn Ed Lanquist, Jr.

Andrew Laufman Thomas Lawless Claudia Levy Hon. Randal Mashburn Sam McAllester, III Hon. Amanda McClendon Rocky McElhaney, II Bob Mendes Jeffrey Mobley Margaret Moore Marlene Moses Michael Mossman Mattison Painter David Parsons Gregory Pease Andrea Perry Tracy Powell David Raybin Sara Reynolds George Rowlett Kathryn Sasser

Carolyn Schott Kimberly Silvus Eric Smith Saul Solomon John Spragens Joycelyn Stevenson Michael Stewart James Stranch, III James Stranch, IV Claire Thomas Hon. Aleta Trauger Howard Vogel Michael Wall Elizabeth Washko James Weatherly, Jr. Peter Weiss Thomas White Thomas Wiseman, III Ed Yarbrough Stephen Young

WELCOME NEW NBA MEMBERS! We are excited to announce that—from October 1 to the date of publication of this issue—we have had a record-breaking 145 NEW members join the NBA. If you know anything about the print production process, you know that this box is just too small!

So, if you became a new member of the NBA on or after October 1, please visit NashvilleBar.org/NBANews to see your name front and center. We will also be publishing a full page in the February/March 2017 issue dedicated to all of you who joined on or after October 1, 2016. Welcome all new members and we look forward to serving you in 2017!

Truly Yours, The Editor

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NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

Thank you for supporting your local bar association!

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. Members will be listed on NashvilleBar. org/100%Club, in the Nashville Bar Journal, and in our annual Attorney Directory. To become part of NBA’s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

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Membership Benefits A FEW OF THE MANY REASONS TO BELONG TO THE NBA

The Nashville Bar Association builds a sense of community and camaraderie among our members and comes with tangible and intangible benefits for enriching your career, profession, and community. Our members come from the public and private sectors, from large multi-state firms to solo practices; they are judges, in-house counsel, law students, paralegals, educators, and everything in between.

By joining the NBA, you not only gain access to cutting edge educational programs, fun networking events, and leadership opportunities within Nashville’s legal community—you invest in your future by becoming a member of the “it’ bar association in the “it” city.

Get Connected

Don’t just hang out with familiar faces!

Join your fellow attorneys at one or more of our social gatherings held throughout the year—happy hours, the annual free member picnic, golf tournaments, trivia nights, committee meetings, and community projects—and build your network of contacts throughout the Nashville community.

Expand Your Business

Our exclusive Lawyer Referral and Information Service provides the groundwork you need to build your clientele. Established over 25 years ago, the NBA LRIS refers over 6,000 callers to Nashville area attorneys and agencies each year.

Join the YLD

If you are a licensed attorney and are either under 36 years of age or have graduated from law school within the previous 12 years, take advantage of our exclusive Young Lawyers Division. An excellent, fresh addition to your NBA membership!

Give Back

Volunteer for Dial-A-Lawyer—a FREE, monthly, call-in service where members provide general legal information to the public, participate in community service projects offered throughout the year, or help with one of the many projects offered through the Diversity Committee.

Be a Leader

Receive a FREE annual subscription to our award-winning bi-monthly magazine, the Nashville Bar Journal. Enjoy insightful, relevant, and thematic articles in print or digital format—or both—it’s your choice.

Set the pace in the legal community by serving on committees, publishing Nashville Bar Journal articles, helping produce or present CLE seminars, participating on the NBA and/or YLD Boards, or working with the Nashville Bar Foundation.

Sharpen Your Practice Skills

Refresh and Renew

Stay Informed

The NBA is your local source for cutting edge CLE. Our skilled presenters will keep you current on the nuts and bolts of the law, local rules and customs, ethics and professionalism, winning practice strategies, and key practice procedures— all at special NBA member rates.

Take a moment to reflect on our bi-monthly The Road to Wellness column. Keep an eye out for our weekly Mindful Moment, or snack on something healthy while you’re attending your next CLE. These are just a few ways the NBA can help you with while juggling that big stack of motions, litigation preparation, or racing to that next meeting.

NBA Strategic Partners 36

NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

Receive the NBA Weekly Update eblasts every Thursday covering membership news, special updates, spotlighted events, court announcements, your 7-day CLE forecast, and member photo galleries.

Visit the NBA Career Center online as an employer or a job seeker where you can list job postings, upload your resume, search job postings and resumes, and access the career resources library.

Reserve an office or board room in downtown Nashville to host meetings, arbitrations, and depositions for attorneys who need a convenient place to meet.

The NBA provides a Conference Center, a Board Room, and an Attorney Guest Office, complete with Wi-Fi and video-conferencing, available to all members.

Use the NBA Attorney Directory to find names, photos, and contact information for Davidson County lawyers and judges, firm listings, court information, and practice areas of local attorneys.

Save money on personal and business expenses while taking advantage of the many discounts that our Exclusive Sponsors, Strategic Partners, and Affinity Program offer—banking, dining, credit card processing, clothing—just to name a few!

The Affinity Program EXCLUSIVE MEMBER SAVINGS ON LOCAL PRODUCTS AND SERVICES

The Affinity Program is a partnership between the NBA and local businesses that fosters a mutually beneficial relationship between the NBA, its members, and participating local businesses. In order to take advantage of these new member benefits and to see individual discount information, login to NashvilleBar.org/AffinityProgram and show the business the Affinity Program members only page.

For details on how to become an Affinity Partner, email NBA_Membership@nashvillebar.org. n

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NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

Hearsay | Honors & Awards, On the Move, Firm News H ONORS & AWARDS Donald Capparella recently was elected to be a member of the American Academy of Appellate Lawyers.

Capparella leads the appellate practice team Dodson Parker Behm & Capparella, PC. He also regularly assists trial practitioners, providing services ranging from trial court preparation to handling of the entire appeal.

Rebecca McKelvey Castañeda argued an international parental child abduction case to the U.S. Court of Appeals for the Sixth Circuit, Pliego v. Hayes II. This is the first case of its kind to be appealed and heard by the Sixth Circuit from a Kentucky federal court. Partner at Stites & Harbison, Castañeda works exclusively in the the Family Law Practice Group, with an emphasis in international family law, especially parental child abductions from country to country.

Jennifer Kovalcik recently was elected to the American Intellectual Property Law Association (AIPLA) Board of Directors.

AIPLA members represent individuals and companies involved in the practice of patent, trademark, copyright, trade secret, and unfair competition law. Partner at Stites & Harbison, Kovalcik’s practice concentrates on trademarks and technology.

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Legal Aid Society of Middle Tennessee and the Cumberlands (LAS), Tennessee’s largest non-profit law firm, announced that Julie Watson Lampley will serve as the 2017 chair of the Campaign for Equal Justice, an annual initiative that raises funds for LAS. Lampley is an attorney and assistant practice group leader for the health care regulatory and transactions group at Butler Snow in Nashville.

She also serves on Butler Snow’s Executive Committee. Lampley will work with others across Legal Aid Society’s 48-county service area to raise over $800,000 to provide access to justice.

ON TH E M O V E Timothy L. Capria has joined Bradley Arant Boult Cummings, LLP as an associate on the Intellectual Property team. Capria, previously with Patterson Intellectual Property Law, focuses on acquiring intellectual property, patent opinion practice, and enforcing intellectual property rights. He has a wide range of experience prosecuting patents domestically and internationally, and he conducts freedom to operate opinions and invalidity opinions applicable to the U.S. and other countries. Capria belongs to the Tennessee Intellectual Property Law Association and Nashville Bar Association, and serves on the board of Poverty & the Arts.

Heather Derrick has joined Gullett Sanford Robinson & Martin, PLLC (GSRM) in the firm’s Real Estate sec-

NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

tion as an associate.

Her practice includes commercial banking and real estate transactions, drafting purchase and sale agreements, handling title matters and general business planning. Derrick received her undergraduate degree from the University of Tennessee and her law degree from the University of Tennessee College of Law. Derrick is a Nashville native and a 2008 graduate of Harpeth Hall.

Kaitlyn M. Holland has joined Riley Warnock & Jacobson, PLC, where she will focus her practice on commercial litigation. Holland graduated summa cum laude from the University of Tennessee College of Law in 2016, where she was a member of the Order of the Coif, the Order of Barristers, a Thomas D. Dunlap Scholar, and a Tennessee Law Scholar.

As a member of the National Moot Court team, she was named 2014 Best Regional Advocate and won the 2015 Harrison Tweed Bowl for submitting the best brief in the national competition.

Katlin A. Ryan has joined Watkins & McNeilly, PLLC, where she will practice real estate law and estate planning.

Ryan completed her undergraduate education at the University of Tennessee, Knoxville, in 2013. She earned her law degree from the University of Tennessee College of Law in 2016.

Branstetter, Stranch & Jennings, PLLC is pleased to announce that Tricia Herzfeld has joined the firm as a Mem-

ber, and Isaac Miller and Callie Jennings have joined the firm as Associates.

Tricia Herzfeld concentrates her practice in complex litigation, personal injury, and civil rights, including First Amendment, Election Law, Racial Profiling, Privacy, and Open Records.

Isaac Miller focuses his practice on the firm’s complex commercial and class action litigation.

Callie Jennings graduated summa cum laude from the University of Tennessee College of Law in May of 2016, with a concentration in advocacy and dispute resolution.

Meridian Law, PLLC, is pleased to announce that Robert D. Martin and Bennett J. Wills have been hired as associates.

Robert D. Martin graduated from Belmont University College of Law (’15) and previously worked at a boutique labor and employment law firm in Nashville. His practice areas include employment law, landlord/tenant law, insurance defense, and civil litigation.

Bennett J. Wills graduated from the University of Baltimore School of Law (’11). Prior to joining Meridian, Mr. Bennett owned and operated Wills Law, LLC and was an associate at the Law Offices of Thomas M. Donnelly.

His practice areas include civil litigation, criminal defense, and appeals. He is licensed in Maryland and Tennessee.

Bradley Arant Boult Cummings, LLP is pleased to announce that Alé Dalton, Brian R. Epling, and Racquel B. Martin have joined the firm’s Nashville office as associates.

“We are thrilled to welcome these new attorneys to our Nashville team,” said Nashville Managing Partner Lela Hollabaugh.

“Alé, Brian, and Racquel have demonstrated remarkable ambition, dedication, and talent. I look forward to working with each of these promising young attorneys as they launch their law practice with Bradley.”

GET A CLE EASY PASS & GO!

FI R M N E WS The law firms of Baker Donelson and Ober|Kaler have announced plans to combine. The combination is anticipated to take effect January 1, 2017. The combined firm, which will maintain the name of Baker Donelson, would become one of the 50 largest law firms in the country, with more than 800 attorneys and advisors across 25 offices in 9 states as well as Washington, D.C. The combination will result in the third largest and most dynamic health practice in the country and brings together multiple nationally recognized practices, including financial services, construction, and litigation.

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$420 (6 free CLE hourss = $255 savings) Pictured L to R: Jennifer P. Keller, Baker Donelson President & COO; Ben C. Adams, Baker Donelson Chair & CEO; S. Craig Holden, Ober|Kaler Chair & CEO; and Darlene R. Davis, Ober|Kaler President & COO

NBA members only. Valid from Nov 1, 2016 to Oct 31, 2017.

DEC/JAN 2016-17 | NASHVILLE BAR JOURNAL

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Classifieds OF F I CE S PACE

LAWYER R E FE R R A L S E RV I C E

Belle Meade. Office space for compatible attorney in small law firm located across from the Belle Meade Kroger.

Convenient location; ground floor access. Approximately 10x10 office; includes use of conference room, reception, workroom, etc. Parking included.

Option for admin. Call 615-403-7368.

Join the NBA LRIS—the exclusive referral service for the Nashville Bar Association—and your practice will benefit from our unique marketing and advertising programs. In addition to our online presence—which attracts clients nationwide—LRIS receives client referrals through a variety of sources including the courts, Office of the Attorney General, employee assistance programs, other bar associations, and the Social Security Administration. In 2015, member attorneys collected nearly $400,000 in fees generated by referrals from LRIS. For information on joining the NBA LRIS, contact Wendy.Cozby@ nashvillebar.org or visit NashvilleBar.org/ LRISAttorneyRegistration.

Midtown/West End. Small established law firm seeks compatible attorney with existing business to share space and overhead in a collegial supportive environment. Spacious offices overlooking Centennial Park; conveniently located near I-440 and I-40; reserved covered parking, ample parking for clients. Kuhn@dvlawfirm.com. Call Irwin Kuhn or Jean Byassee at 615-3215659.

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STATEMENT OF OWNERSHIP

Required by DMM 207.8.3.3; USPS Form 3685 1. Publication Title: Nashville Bar Journal 2. Publication Number/ISSN: 21962/15487113 3. Filing Date: 10/28/16 4. Issue Frequency: Bi-monthly 5. Number of Issues Published Annually: 6 6. Annual Subscription Price: $25.00 7. Mailing Address of Office of Publication: Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419 8. Mailing Address of Headquarters of Publisher: Same 9. Publisher: Jill Presley, Editor: Bill Ramsey, Managing Editor: Eleanor Wetzel, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419 10. Owner: Nashville Bar Association 11. Known Bondholders, Mortgagees and Other Security Holders Owning or Holding 1% or More of Total Amount of Bonds, Mortgages or Other Securities: None 12. The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes has not changed during preceding 12 months.

13. Publication Title: Nashville Bar Journal 14. Issue Date for Circulation Data: 10/07/16 No. 15. Extent & Nature of Circulation: Average No. Copies Each Issue During Preceding 12 Months

a. Total Number of Copies (net press run) 2663 2700 b. Paid Circulation (by mail & outside the mail) (1) Mailed Outside County Paid Subscriptions 281 2673 (2) Mailed In-County Paid Subscriptions 1939 0 (3) Sales Through Dealers and Carriers, Street Vendors, Counter Sales, etc.

0 0 (4) Paid Distribution by Other Classes of Mail Through the USPS 0 0 c. Total Paid Distribution 2220 2673 d. Free or Nominal Rate Distribution (1) Free or Nominal Rate Outside County 0 0 (2) Free or Nominal Rate In-County 0 0 (3) Free or Nominal Rate Copies - Other Classes 10 2 (4) Free or Nominal Rate Copies - Outside USPS 25 6 e. Total Free or Nominal Rate Distribution 35 8 f. Total Distribution 2255 2681 g. Copies Not Distributed 408 19 h. Total 2663 2700 i. Percent Paid 98.45% 99.7%

16. Electronic Copy Circulation:

davidpitts@indactuary.com

APPELLATE BRIEFS and ARGUMENT THOMAS F. BLOOM, J.D. (Emory, 1977) 615.260.5952 | BloomAppeals.com Retained by attorneys throughout the State for over 30 years to draft briefs and/or argue cases in over 300 appeals, State and Federal.

Research assistance also available.

Lowest hourly rates for highest quality representation.

References available upon request.

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NASHVILLE BAR JOURNAL | DEC/JAN 2016-17

Copies of Single Issue Published Nearest to Filing Date

a. Paid Electronic Copies b. Total Paid Print Copies + Paid Electronic Copies c. Total Print Distribution + Paid Electronic Copies d. Percentage Paid

Average No. Copies Each Issue During Preceding 12 Months

No. Copies of Single Issue Published Nearest to Filing Date

0

0

2220

2673

2255 98.45%

2700 99.7%

17. This statement of ownership will be printed in the December/January 2016-17 issue.

18. I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including multiple damages and civil penalties).

— Jill Presley, Marketing & Communications Director, Nashville Bar Association, October 28, 2016

YOU CHOOSE THE CHECKING WE’LL PAY YOUR NBA DUES Open a First Tennessee checking account with direct deposit, and we’ll pay your Nashville Bar Association membership dues (currently a $245 value) for one year. We have several great checking options you can choose – each available with the convenience of free Banking Online and Mobile Banking.

Learn more at FTB.com/checking or present this ad at any financial center in Middle Tennessee. See terms and conditions below for offer details.*

*Terms and Conditions: Offer valid August 1, 2016 - April 30, 2017. You must present this printed offer at a financial center in Middle Tennessee when you open your checking account. Minimum

opening deposit is $100, and cannot be transferred from an existing First Tennessee account. Cannot be combined with other checking offers or promotions. Accounts opened online are not eligible. You must be a new checking household, which means that no member of your immediate household has had an open First Tennessee consumer checking account in the previous 12 months. A direct deposit must post to this account within 60 days. You agree to maintain the account in good standing for at least 6 months. If you meet the conditions of this offer, you will receive a voucher in the mail within 6 weeks of your first direct deposit. You will be able to present this voucher to the Nashville Bar Association. The Association will then return it to us, and we will pay to them your dues for your one year of NBA membership. Upon delivery of the voucher to you, First Tennessee is required to report the $245 value as interest income on Form 1099-INT. This voucher is non-transferable, cannot be redeemed for cash or any alternative bonus, and must be presented by you to the Association by April 30, 2017. FSR: Use promo code NBADUE. ©2016 First Tennessee Bank National Association. Member FDIC. www.firsttennessee.com

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