March 2014 NBJ - Nashville Bar Association

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Nashville Bar Journal
March 2014 - VOL 14, NO. 2
If You Build It….
How “Music City”
Became a “Sports Town”
Tracy D. Kane
Preparing for a Digital Armageddon
Kelly L. Frey, Sr.
The Beatles and the Nashville Bar Foundation
Present: The NBF Leadership Forum
Robb Bigelow
NASHVILLE BAR ASSOCIATION
NO FIRM IS TOO SMALL
FOR A COMPREHENSIVE
AND AFFORDABLE
RETIREMENT PLAN.
2014
Attorney Directory
The aba retirement funds
program has provided
retirement plan services to
firms of all sizes – even solo
practitioners – since 1963. We
believe today, as we did then,
that the unique needs of the
legal community are best served
by a retirement Program built
exclusively to benefit its members.
Call an ABA Retirement Funds
Program Regional Representative
today at (866) 812-1510.
www.abaretirement.com
[email protected]
The Program is available through the Nashville Bar Association as a member benefit. This
communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a
request of the recipient to indicate an interest in, and is not a recommendation of any security.
Securities offered through ING Financial Advisers, LLC (Member SIPC).
The ABA Retirement Funds Program and ING Financial Advisers, LLC, are separate, unaffiliated
companies and are not responsible for one another’s products and services.
CN0228-8312-0315
ORDER YOUR NBA DIRECTORY ONLINE
TODAY @ WWW.NASHVILLEBAR.ORG
What Does That Attorney Look Like Who You
Only Communicate With Via Email?
Need to find the New Address
of an Old Law Parnter?
*******************************************
Find Out In The New 2014 NBA Attorney Directory!
--------------------------------------------------------------• Attorney Listings For All Davidson County
& Surrounding Communities
--------------------------------------------------------------• Over 500 New Member Photos
--------------------------------------------------------------• Comprehensive Court Listings
--------------------------------------------------------------• Field of Practice Listings
--------------------------------------------------------------• Firm Listings
--------------------------------------------------------------• Listings For All NBA Boards & Officers
--------------------------------------------------------------• Committee Information
--------------------------------------------------------------• NBA By-Laws & More
---------------------------------------------------------------
NASHVILLE BAR ASSOCIATION
150 4th Avenue North, 10th Floor, Nashville, TN 37219
(615) 242-9272 Fax:(615) 255-3026
www.nashvillebar.org
A Monthly Publication of the Nashville Bar Association
Articles
6
8
Departments
If You Build It….
How “Music City”Became a “Sports Town”
Tracy D. Kane
2
4
The Beatles and the Nashville Bar
Foundation Present:
The NBF Leadership Forum
9 11th Annual Land Rover Race Judicata
10 Preparing for a Digital Armageddon
Robb Bigelow
12
19
CENTER SECTION
22
Gary Kinder
24
Columns
Gadget of the Month
Bill Ramsey, Neal & Harwell, PLC
Phillip Hampton, LogicForce Consulting
Communique
• Golf Tournament
• Norman Award
• Liberty Bell Award
• Arts Immersion
• Golden Oldie Reveal
• Upcoming Events
CONTINUING LEGAL EDUCATION
Kelly L. Frey, Sr.
18 One
Dozen Tips for Better
Writing within the Firm
From the President
Disclosure - Announcements • Kudos •
People on the Move • Firm News •
In Memory
Classified Listings
Golden Oldie
Identify the individuals in the
photo. Be the first to email
the correct answer to nikki.
[email protected] and
your name (along with your
correct entry) will appear in
next month’s issue.
Nuts & Bolts:
Changes in Trial Court Caseloads
Philip E. Smith
NBA Calendar of Events
MARCH 12 - 12 PM
NALS Committee Meeting
MARCH 12 - 12 PM
Appellate Practice
Committee Meeting
MARCH 12 - 1:30 PM
Real Estate Committee Meeting
MARCH 19 - 12 PM
Community Relations
Committee Meeting
MARCH 19 - 12 PM
Memorial Service
Committee Meeting
MARCH 20 - 2:30 PM
CLE - Divorce Basics (2.0)
MARCH 25 - 5:30 PM
Criminal Law & Criminal Justice
Committee Meeting
MARCH 27 - 12 PM
NBF Trustees Meeting
MAY 1, 2014
Law Day Luncheon
Speaker: Hon. Alberto R. Gonzales
@Renaissance Hotel
MAY 15, 2014
NBA Golf Tournament
@Vanderbilt Legends Club - Franklin, TN
MAY 28, 2014 - 6-9 PM
Arts Immersion
@ W.O. Smith School
July 19, 2014
Carbolic Smoke Ball
@Hard Rock Cafe - Reverb Room (Upstairs)
Committee Meetings are held at the NBA Offices unless otherwise noted l o= Special Event l Full Calendar online at www.nashvillebar.org
'
A Monthly Publication of the Nashville Bar Association
Charles K. Grant, Publisher
William T. Ramsey, Editor-in-Chief
[email protected]
Eleanor Wetzel, Managing Editor
[email protected]
Journal Staff:
Nikki Gray, Director of Communications
[email protected]
Tina Ashford, Communications Coordinator
[email protected]
Editorial Committee:
Kelly L. Frey
Kathleen Pohlid
Tim Ishii
Tracy Kane
Everette Parrish
Bill Ramsey
Rita Roberts-Turner
Eleanor Wetzel
David Winters
Victoria Webb
Nashville Bar Association Staff
Gigi Woodruff
Executive Director
----------Tina R. Ashford
Communications Coordinator
Susan W. Blair
Director, Continuing Legal Education
Shirley Clay
Finance Coordinator
Wendy K. Cozby
Lawyer Referral Service Coordinator
Nikki R. Gray
Director of Communications
Traci L. Hollandsworth
Programs & Events Coordinator
Malinda Moseley
CLE Coordinator
Judy Phillips
CLE Coordinator
Vicki Shoulders
Membership Coordinator/Office Manager
The Nashville Bar Journal, ISSN 1548-7113, is
published monthly by the Nashville Bar Association
at 150 Fourth Avenue North, Suite 1050, Nashville,
TN 37219, (615) 242-9272. Periodicals Postage Paid,
Nashville, TN (USPS 021-962). Subscription price: $25
per year. Individual issues: $5 per copy.
POSTMASTER: Send address corrections to Nashville
Bar Journal, 150 Fourth Avenue North, Suite 1050,
Nashville, TN 37219
No part of this publication may be reprinted
without written permission of the Nashville Bar
Journal Editorial Committee. The Nashville Bar
Journal is not responsible for the return or loss
of unsolicited manuscripts or for any damage or
other injury to unsolicited manuscripts or artwork.
All Articles and Letters contained in this publication represent the views of the authors and do not
necessarily reflect the opinions of the Nashville
Bar Association.
Nashville Bar Association
150 Fourth Avenue North
Suite 1050
Nashville, TN 37219
615-242-9272 Fax 615-255-3026
www.nashvillebar.org
2
Nashville Bar Journal - March 2014
From the President
Access to Justice in Tennessee — A Brief Update
by:
Charles K. Grant
Equal justice under the law remains one of our most enduring aspirations and most
elusive goals. The number of people in need of legal help is daunting. According to
the last comprehensive study done in 2003, approximately 1 million Tennesseans were
in need of civil legal services but lacked the resources to pay for them.1 This number
takes into account not only those living below the poverty level but those who are above
it who cannot afford a lawyer. According to the 2000 census, Tennessee had a poverty
population of over 700,000, which grew to approximately 1,100,000 by the time of
the 2010 census. While the Legal Aid Society of Middle Tennessee and the other
legal aid societies and public interest law firms in Tennessee are doing an amazing job
given the limited resources available, much more is needed.
Thanks to the leadership of the Tennessee Supreme Court and the work of the Access to
Justice Commission,2 more creative resources are in place, and more people are getting
the legal help they need. On April 3, 2009, the Court created the Tennessee Access to
Justice Commission and charged it with developing biennial strategic plans to expand
legal services throughout the state. Since then, through the work of the Commission
and the Court, the access to justice community has seen greater support from a broader
network of lawyers, law firms, corporate legal departments, bar associations, legal
service programs, judges, clerks, law schools, librarians, service providers, nonprofits,
faith-based organizations, and a wide variety of other entities to accomplish these goals.
During the past few years, several additional important and exciting developments have
taken place in the form of an increase in the number of lawyers providing pro bono
services, the advent of Online Tennessee Justice, and the creation of 1-888-aLEGALz
(1-888-253-4259).
One of the early goals of the Commission's strategic planning involved ways to increase
the percentage of Tennessee attorneys who provide pro bono services. Over the last
five years, the number of lawyers reporting pro bono hours has increased from 22% to
47%—an astonishing outcome over such a short period of time. In the Nashville Bar
Association's Pro Bono program alone, we have seen strong gains in lawyer participation:
Year Total cases Lawyers
2009 2,204 716 2010 2,3223 723
2011 2,307 810
2012 2,589 818
2013 2,883 931
As more opportunities to serve unfold, that number likely will continue to increase.
Another important goal of the Commission was the establishment of a statewide pro
bono referral network. Enter Online Tennessee Justice (OTJ) (http://www.onlinetnjustice.org/), the nation's first interactive pro bono website. OTJ, a joint project of the
Tennessee Alliance for Legal Services (TALS) and the Tennessee Bar Association, is being
managed by TALS. OTJ is a web-based pro bono clinic for low-income Tennesseans
who might otherwise fall through the cracks in receiving legal assistance. Using a webbased email platform, qualifying users can post questions about their civil legal needs
and receive basic legal information and advice from attorneys. The website is easy to
use and is convenient for both volunteer attorneys and low-income clients and users.
2014 NBA BOARD OF DIRECTORS
The system screens clients for eligibility and, if qualified, allows them to post a question to a private messaging system. The questions are answered by private attorneys
volunteering their time. The latest OTJ Service Report reveals that as of January 2014
over 5600 clients have been served by over 350 lawyers.
The impact of the OTJ model is being experienced beyond Tennessee's borders. South
Carolina and Indiana have launched their own online justice sites using OTJ software
which was provided to them for free. Four additional states have requested the software
licensure and a number of other states are considering it.
With a grant from the Court (from late fees paid by lawyers to the Commission on
Continuing Legal Education) and a $75,000 grant from International Paper Corporation, 1-888-aLEGALz (http://www.justiceforalltn.com/legal-help/1-888-alegalz) was
launched in collaboration with TALS. This is Tennessee's first statewide toll-free legal
resource helpline. The hotline is staffed by Tim Hughes, an alumnus of Memphis
Area Legal Services, and is housed at TALS's offices. Callers can receive basic legal
advice or, when more than basic or limited-scope advice is needed, Tim can connect
the caller to the resources available.
Your help is needed. If you want to contribute pro bono legal service and do not know
where to begin, please contact Lucinda Smith, Executive Director of the Volunteer
Lawyers Program at the Legal Society of Middle Tennessee, 300 Deaderick Street,
Nashville, TN (615) 780-7127 or email her at [email protected]
Additional programs are underway. You can learn about them when the Tennessee
Supreme Court, in conjunction with the National Judicial College, presents an access
to justice program (and reception), which will address the Court's initiatives and their
implementation in Tennessee. The program will be held on March 31, 2014 from 4
p.m. to 5:30 p.m. at Baker Donelson's Special Events Center, 211 Commerce Street,
Nashville, TN. A reception follows from 5:30 p.m. to 7 p.m. For more details on
the program or to reserve a seat, contact Matt Sweeney ([email protected]
com; (615) 726-5774)). n
(Endnotes)
Tennessee Alliance for Legal Services, Report from the Statewide Comprehensive Legal Needs Survey for 2003
(Jan. 2004), available at http://www.tals.org/statewide-comprehensive-legal-needs-survey-2003-full-report.
1
The member of the Access to Justice Commission are as follows: Chair, George "Buck" T. Lewis (Memphis);
Vice Chair, Douglas A. Blaze (Knoxville); Gail Vaughn Ashworth (Nashville); Marcia "Marcy" Meredith Eason
(Chattanooga); David R. Esqivel (Nashville); J. Houston Gordon (Covington); Francis S. Guess (Gallatin);
Sharon R. Ryan (Memphis); D. Billye Sanders (Nashville); and Anthony Alan Seaton (Johnson City). Justice
Janice M. Holder serves as the liaison from the Tennessee Supreme Court.
2
3
In 2010, in addition to the 2,322 cases opened, the Nashville Pro Bono Program provided help to 555
victims of the May flood.
https://www.facebook.com
/NashvilleBarAssociation
@theNashvilleBar
Charles K. Grant, President
Edward D. Lanquist, Jr., President-Elect
Dewey Branstetter, First Vice President
John C. McLemore, Second Vice President
Thomas J. Sherrard, Immediate Past President
Stacey Billingsley Cason, Secretary
Nicole James, Treasurer
Hon. Joe B. Brown, Assistant Treasurer
Gareth Aden, General Counsel
Hon. Joe P. Binkley, Jr.
Kathryn S. Caudle
Irwin J. Kuhn
Claudia Levy
Hon. Randal S. Mashburn
Jeffrey Mobley
Andrea P. Perry
Matt Potempa
Sara F. Reynolds
Nathan H. Ridley
Maria M. Salas
Saul Solomon
Jocelyn A. Stevenson
Overton Thompson, III
M. Bernadette Welch
Got an Idea for an NBJ Article?
We want to hear about the topics
and issues readers think should
be covered in the magazine.
Send it to
[email protected]
NASHVILLE BAR ASSOCIATION
Each day, we work hard to help
people and businesses in our community. The NBA has a wide variety of services and programs that
can help lawyers work smarter,
stay informed and keep connected
with fellow attorneys. From sole
practitioners to the largest firms,
from legal aid attorneys to those in
private practice, the NBA supports
all of us so we can better serve our
clients and the justice system.
Our Bar Association is much more
than just a collection of services.
The power of our membership lies
in the power of the people.
WE are the Bar. And together,
we shape the future of the legal
profession.
Nashville Bar Journal - March 2014
3
communiqué
NBA NEWS
n
COMMITTEE INFORMATION
n
Nominations Sought for Liberty Bell Award
Nominations are being sought for the Liberty Bell Award that will be presented
during the NBA's annual Law Day Luncheon during Law Week. Deadline for
nominations is March 14, 2014.
This award is given to that person or group (not necessarily lawyers 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 for the Liberty Bell Award should be addressed to the NBA Community Relations Committee and sent to Traci Hollandsworth at [email protected]
Past LIBERTY BELL AWARD WINNERS:
1996
Nashville Banner
1997
Bradley MacLean
Sabin R. Thompson
N. Sue Van Sant Palmer
Marlinda R. Bruno
1998
Adinah Robertson
1999
Tennessee Justice Center
L.A.W. Early Truancy Program
2000
Senator Douglas Henry
NBA Young Lawyers Division
2004
John Seigenthaler
Nashville Conflict
Resolution Center
2005
Judge George Paine
Renewal House
2006
Drake Holliday
(posthumously)
2007
Governor’s Books
from Birth Foundation
2008
Judge Walter Kurtz
2001
Richard Dinkins
Mary Walker
2009
Ross Alderman
(posthumously)
2002
Wally Dietz
2010
Joe Johnston
2003
Andrea Conte
2012
Victoria Webb
2013
Andy Shookhoff
Candidate Forum:
The District Attorney Race
Tuesday, March 25, 2014
5:30 – 7 PM
Nashville Bar Association
150 4th Ave N, Suite 1050
Not sure who to vote for? Have questions you want to ask?
Come to the DA Candidate Forum and ask the questions that are relevant to
you as someone involved in the criminal justice system. Now’s your chance to
ask Glenn Funk, Rob McGuire, and Diane Lance the questions that matter
to you. We hope to see you there!
Co-sponsored by the NBA Criminal Justice Committee, TACDL, and the
Metro Public Defender’s Office.
Please email Mary-Kathryn Harcrombe ([email protected])
with any questions.
4
Nashville Bar Journal - March 2014
SPECIAL EVENTS
n
NBA NEWS
n
COMMITTEE INFORMATION
Nominations Sought for
Norman Award
Nominations are now being sought for the Jack
Norman Award that will be presented during the
Nashville Bar Association's Law Day Luncheon
during Law Week. Deadline for nominations is
March 15, 2014.
The award is given to criminal law practitioners,
including specifically defense attorneys, prosecuting attorneys and judges of courts with criminal
jurisdiction, who practice before or serve as judges
of courts exercising criminal jurisdiction located in
the Metropolitan Nashville area. The award may be
given posthumously.
The Norman Award must be given to an attorney
whose primary practice is in or service pertains to
criminal law, demonstrates respect for the rights
of all individuals in the criminal justice system,
exhibits the trial advocacy skills or judicial skills
necessary to the pursuit of justice, demonstrates
an abiding respect for the law and legal profession,
maintains highest standards of professional integrity
and ethical conduct, contributes to the improvement of the legal profession and criminal justice
system, including but not limited to the provision
of uncompensated or undercompensated representation of the accused.
Nominations for the Norman Award should be
addressed to the NBA Criminal Law & Criminal
Justice Committee and sent to Committee Chairs,
Brian Ewald at [email protected] or MaryKathryn Harcombe at Mary-KathrynHarcombe@
jis.nashville.org.
Past NORMAN AWARD WINNERS:
1996
Jack Norman Sr.
(posthumously)
1997
not presented
1998
Judge Tom Shriver
1999
Seth Walker
John Hooker Sr.
2005
Judge Randall Wyatt
2006
Hal Hardin
2007
not presented
1996
Charlie Ray
(posthumously)
2000
James F. Neal
2009
Ross Alderman
(posthumously)
2001
Joe P. Binkley Sr.
2010
Ed Yarbrough
2002
not presented
2011
Richard McGee
2003
not presented
2012
Peter Strianse
2004
William M. Leech, Jr.
2013
David Raybin
n
n
SPECIAL EVENTS
n
NBA NEWS
n
COMMITTEE INFORMATION
n
SPECIAL EVENTS
n
NBA NEWS
n
COMMITTEE INFORMATION
n
NBA NEWS
NBA Poll - Primary Election
The Nashville Bar Association is
conducting a poll of its members to solicit your opinions
about the upcoming Primary
Election. We are asking members to evaluate all candidates
for judicial, court clerk, district
attorney, and public defender
positions.
IS YOUR TEAM REGISTERED YET?
The 2014 NBA/NBF Golf Tournament
is set for Thursday, May 15, 2014 at
the Vanderbilt Legends Club in Franklin,
TN.
Range balls will be available at Noon
with a Shotgun start at 1:00 p.m.
We will have a Cookout and Prizes at
the conclusion of Play.
There will be team prizes and individual
contests (longest drive, longest putt,
closest to pin, etc.)
The poll has been sent out to the membership, and
will close Tuesday, March 25 at noon. If you are a
member and did not receive a communication with
the poll information please contact Tina Ashford,
Communications Coordinator, at tina.ashford@
nashvillebar.org.
-Golden Oldies
Please use the form below to register
yourself or a team. You can also register online at www.nashvillebar.org Late
fees apply after Thursday, May 8, 2014.
If you have any questions, you can
contact Traci Hollandsworth at the NBA
(242-9272 or traci.hollandsworth@
nashvillebar.org.
Don Smith correctly
identified the individuals in the
February 2014 Golden Oldies photo.
Pictured are: Tom Peeples and Al Abbey
UPCOMING EVENTS:
-------------------------------------------------------March 25, 2014
DA Candidate Forum
co-hosted by NBA, TACDL,
and the Public Defender's Office
@ NBA Offices
5:30 - 7 PM
-------------------------------------------------------March 26, 2014
YLD HAPPY HOUR
@ Pub Nashville (in the Gulch at 400 11th Ave S)
5:30 - 7:30 PM
-------------------------------------------------------April 24, 2014
YLD HAPPY HOUR
@Pub 5
(Next to Bridgestone Arena at 104 5th Avenue S)
5:30 - 7:30 PM
-------------------------------------------------------May 1, 2014
Law Day Luncheon
Speaker: Hon. Alberto R. Gonzales
@Renaissance Hotel
--------------------------------------------------------------------May 15, 2014
NBA Golf Tournament
@Vanderbilt Legends Club - Franklin, TN
--------------------------------------------------------------------May 28, 2014
Arts Immersion - Details on page 13
--------------------------------------------------------------------July 19, 2014
Carbolic Smoke Ball
@Hard Rock Cafe - Reverb Room (Upstairs)
--------------------------------------------------------------------Nashville Bar Journal - March 2014
5
Feature
If You Build It….
How “Music City” Became a “Sports Town”
by:
Tracy D. Kane
Nashville is booming. Nashville was ranked #5"Regions to Watch
in 2014" by Forbes.com (December 2013), the "Tenth Most Popular City for Millennials" according to MSN Real Estate (January
2014), 5th on a Forbes list of cities creating the most high-paying
working-class jobs (January 2014), and one of the best cities for
female entrepreneurs (NerdWallet.com, February 2014) among
other accolades. More than that, Nashville is booming beyond its
traditional industries of healthcare, education, and music. Nashville
is attracting corporate headquarters, technology start-ups, and an
increasing number of national and international real estate developers and hospitality industry players.
So, it is also no surprise that this “It” city is also a booming sports
town with three professional sports teams, six universities including
four NCAA Division I universities, six major sports venues1 with
a combined seating capacity over 162,000, and host to an average
of five major sports events each year, including the Country Music
Half Marathon and Marathon, the Franklin American Mortgage
Music City Bowl, SEC Men’s and Women’s Basketball Tournaments,2 and for the first time in the city’s history in April 2014, the
NCAA Women’s Final Four.3 Additionally, Nashville recently committed approximately $65 million of city funds and broke ground
on its next major sporting venue – a new stadium for the Nashville
Sounds Minor League Baseball team.
Beyond the high profile events and venues, Nashville has approximately 12 mid-sized venues, each with a seating capacity of
between 2,500 – 10,000.4 Nashville also boasts a wide range of
sporting events and activities for the recreational or amateur athlete.
According to a 2010 survey of local sports facilities, Nashville has
over 75 baseball diamonds, 75 indoor basketball courts, 8 bowling alleys, 35 football fields, 40 golf courses, 4 ice rinks for hockey
and skating, 111 soccer fields, 59 softball diamonds, and 77 tennis
courts.5
6
Nashville Bar Journal - March 2014
But, it wasn’t always this way. Twenty years ago, there
were no Titans or LP Field, no Predators, and no Bridgestone Arena. Greer Stadium, where Nashville’s Minor
League Baseball team had played since 1978, was in disrepair. You might ask: “How did this change come about
in such a relatively short period of time?” “Why do cities
even seek out sports teams and events?” “What does it
cost for cities to build, operate and maintain these major
sports facilities?” And, “Who is involved in making all of
this happen?”
Cities seek out sports teams because sports are fun – both
fun to watch and, if you’re so inclined, fun to play. There
is also a psychological factor – a sort of “keeping up with
the Joneses” mentality that to stay current or relevant
your city has to have one or more professional sports
teams. There is also a quality of life component to having
a variety of types and sizes of venues to provide diverse
sports and other events for the community. But the main
reason that modern cities build stadiums, offer tax incentives, and otherwise roll out the red carpet to bid to host
sporting events is “economic development.” They hope
that spending hundreds of millions of taxpayer dollars to
build, operate, maintain and, renovate will reap billions
in direct and indirect economic development for the
community.
Whether these investments actually pay for themselves
or otherwise bring millions or possibly billions into the
local economy is still hotly debated around the country.
Nashville has generally provided a case study in favor of
the economic development argument, particularly demonstrating the positive economic impact that facilities
built in deteriorating or blighted areas can
have on local surrounds. Other cities that
have seen similar positive economic impact on the areas immediately surrounding
the facility include Baltimore, Cleveland,
and Denver. 6
Direct economic development comes
from construction jobs for the actual
stadium and related structures as well as
unrelated development in the geographic
area around the facility, which often
includes new stores and restaurants that
then open in the area. Additionally, there
is the indirect economic development that
comes from new industries supporting the
team and events at the facility, hospitality
and service industry development (i.e.,
tourism, general economic spending, etc.),
and professional team relocation (i.e., the
corporate HQ effect – houses, schools,
general economic spending by team and
staff).
There are also very real costs for the city.
Initially, of course, there is the cost to
build the facility, which not only includes
the cost of the construction, but can also
include the cost of acquiring and rezoning
the property, public referendums, bond issuance, and legal challenges. Whether the
cost to build, much less to shoulder ongoing operation, maintenance and future
renovations, is worth it for a city is often
hotly debated.
In Nashville, LP Field, which was built in
1999, and is the 17th largest NFL stadium in the country, was only built after
a public referendum.7 The vote, approved
by 59% of voters, authorized an increase
in the Metro water tax to raise the $144
million of city funds that were contributed to the nearly $300 million project
(which is approximately $406 million in
2014 dollars). 8 The vote also authorized a
nearly 300% increase in Davidson County
individual homeowner
property taxes to help
fund the ongoing financing needs of the stadium.9
Much of the remaining
construction costs were funded
through the sale of personal seat
licenses (i.e., season ticket holders).10
Another example of how difficult it can
be for cities to get the right mix of public
and private financing to build major sports
facilities is the Nashville Sounds’ new stadium, which has been over 10 years in the
planning. A deal was almost inked back in
2006, but faced a substantial road block
when then Mayor Bill Purcell initially
refused to support the project so long as
Metro funds were at risk because of how
costly the construction of LP Field and
Bridegstone Arena had been for taxpayers
in the 1990s. Mayor Purcell ultimately
supported the project after a consortium
of 12 banks agreed to fund $23 million of
the $43 million with the remaining funds
to come from tax-increment financing
and a private developer.11 The project then
stalled during the design and permitting
phase and was ultimately cancelled after
the team and the developer were unable
to finalize financing and design plans by
the April 2007 deadline set by the Metro
Council.12 A new stadium for the Sounds
finally made headway last fall when Mayor
Karl Dean committed $65 million of city
funds to acquire the land from the State
and build the stadium.13 The Sounds are
committed to spending $50 million for a
new mixed-use and retail development to
anchor the facility and a private developer is committed to spend $37 million
to build a 250-unit multi-family apartment complex near the site.14 The city will
service $4.3 million in debt annually plus
pay $345,000 annually to maintain the
property.15
Adding to
the cost of
construction for
many cities around the country, such as
Memphis, is the cost of legal challenges,
particularly to public financing of sport
facilities. The legal challenges generally fall
into four broad categories: (1) the project
lacked public purpose justifying the use of
government financing; (2) the project involved the illegal application of a government’s credit support to a private entity;
(3) the government subdivision exceeded
its statutory borrowing limits with the
proposed bond issue; and (4) the project
violated zoning limitations.
The most recent major challenge to public
financing of a sport facility in Tennessee
was the deal between the city of Memphis
and the Memphis Grizzlies NBA team for
the construction of the Memphis Arena in
2001. Two taxpayers sued the county, city,
and the professional basketball franchise
seeking a declaratory judgment that the
actions of the city and county to procure
and provide financing for the new arena
and the agreements made in connection to
it to bring the franchise to town violated
Article II, Section 29 of the Tennessee Constitution because it constituted
a giving or lending of credit of the city
and county to a private entity and that
the proposed expenditures were not for a
public purpose.16 The Court of Appeals
overturned the trial court’s decision that
the building of the arena did not have a
public purpose and upheld the constitutionality of the deal.17 The court found
the proposed transactions were constitutional because the aid given by the city
Continued on Page 14 
Nashville Bar Journal - March 2014
7
Feature
The Beatles and the Nashville Bar Foundation Present:
The NBF Leadership Forum
Robb Bigelow
by:
Last year, the Nashville Bar Foundation (NBF) and the Young Lawyers Division worked together to strengthen their relationship.
During one of many meetings, Bob Mendes informed me that NBF Fellows John Tarpley and Gail Ashworth were contemplating putting together a leadership program designed for young lawyers practicing in Nashville and asked if I wanted to help with
the planning. I enthusiastically agreed. Months later, I was honored to be asked to write an article giving some details about
the program, called the Nashville Bar Foundation Leadership Forum, and, importantly, to ask for your help.
I recognized that lawyers might just gloss over the article unless the title was a little different from the norm. A number of
titles came to mind. Fortunately, “A Funny Thing Happened on the Way to the (NBF Leadership) Forum” and “The Forum:
It’s Not Just for L.A. Laker Fans” ultimately missed the cut. So, you are likely asking: What’s the deal with the Beatles theme?
Read on and, when you’re done reading, join the band!
Come Together
The NBF Leadership Forum will provide approximately 25 members of the Nashville Bar Association who have practiced between 3-8 years with innovative opportunities to learn, collaborate, network, and serve the community. It will present a valuable
opportunity for these attorneys to “come together” with other attorneys (including mentors) to develop their leadership skills
and empower them to make even greater contributions in the Nashville community and legal profession. In addition, it will
encourage diversity in the practice of law and help build relationships among attorneys with diverse backgrounds and practices.
Participants will be selected to ensure diversity in terms of practice area, type of practice, size of firm, law school attended, race,
and gender. The overall cost of the forum will be $500, and need-based scholarships will be available for both members of the
Nashville Bar Association and non-members of the NBA who will then become members.
A Little Help from My Friends
The Leadership Forum is expected to begin with an opening, day-long program coinciding with the annual NBA member picnic in September. During this opening session, each participant will be introduced to his/her mentor. Following the opening
session there will be five or six monthly workshops. These workshops, which will take place during the day, will be led with
a “little help from our friends”—legal, business, political and community leaders in Nashville. The Leadership Forum class
will “lend their ears” to the informative and often inspirational songs that will be sung by many of Nashville’s long-established
leaders, and have the opportunity to interact with these leaders, further developing their own leadership skills. Ultimately, the
Forum will conclude in April or May by “graduating” the class at the annual NBA Law Day event.
Help!
In order to make this wonderful opportunity happen, we need your help. Yes, we need somebody. Not just anybody.
The NBF is currently looking for help in two ways. First, we are looking for volunteers to serve as mentors. Second, we are
seeking attorneys who are willing to assist with programming needs. If you are interested in joining the band, please contact
our very own John (not McCartney or Lennon) Tarpley at [email protected] or Gail Ashworth (the Ringo to our
John) at [email protected]
On behalf of Bob, John, Gail and so many others who have already given much of their time to put together this great new
opportunity, we invite you to join the band! 
Robb Bigelow, a member at Dickinson Wright PLLC, is currently running for General Sessions Judge in Division V. A Vanderbilt Law
School graduate and 2013 recipient of the Nashville Bar Association’s President’s Award, he was recently inducted as a Nashville Bar
Foundation Fellow.
8
Nashville Bar Journal - March 2014
11th Annual Land Rover Race Judicata
Celebrating its eleventh year, the YLD’s LAND ROVER RACE JUDICATA was another
great success. On a beautiful February morning, over 400 race participants battled the
hills of Percy Warner Park on the demanding 5K and 10K courses. This year’s event raised
over $17,000 for the Nashville Conflict Resolution Center.
RACE VOLUNTEERS: The races would not have been possible without the assistance
of the numerous volunteers, who gave up their Saturday morning to make this event a
success. Thanks to all! A special thank you goes to the Land Rover Race Judicata Committee members: Becca Barnett (co-chair), Bethany Whelan (co-chair), Rachel Schaffer,
Mollie Gass, and Mary Katherine Bratton. Also, the Committee would like to extend a
special thanks to members of the 2nd Brigade Combat Team and 2nd Brigade Special Troops
Battalion of the 101st Airborne Division Air Assault from Fort Campbell, Kentucky for
volunteering their time for the Race.
TO THE VICTOR BELONG THE SPOILS: After a little friendly competition among
our bar members to win the much anticipated team competition among the law firms,
the team from Lewis Thomason prevailed as the victor! Congrats to Emily Mack, Bob
Chapski, and Mary Beth Haltom, the winning team members from Lewis Thomason. Also,
congratulations to Jason Callen and Emily Mack for winning the fastest lawyer awards for
both the 5K and the 10K races.
We are especially thankful for our title sponsor, Land Rover Nashville, for their generosity and continued support of the Nashville Bar Association Young Lawyers Division and
the Race Judicata.
Check out the race results and photos online at www.nashvillestriders.com.
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Nashville Bar Journal - March 2014
9
Feature
Preparing for a Digital Armageddon
by:
Kelly L. Frey, Sr.
We are under attack. Whether it is cyber-theft, cyber-terrorism, or cyber-warfare, critical systems that generate and
distribute electricity on the grid, control commercial aircraft in
flight, process bank and credit card transactions, coordinate our
traffic lights, authorize military action, and control emergency
response are targets of daily assaults by hackers whose goal is to
penetrate, disrupt, and/or exercise control over critical infrastructure in the United States. It is a battle we are losing.
Headlines have recently concentrated on cyber-security
incidents that affect the consumer. Identify theft from cybersecurity breaches now cost the victim over $500 and 30 hours
of remediation work per incident. But the hacking one person
is nothing compared to hacking into data systems that house
information on millions of consumers. Most recently, financial
data from millions of Target customers was stolen by hackers
who targeted credit card (Point of Sale, or POS) terminals in
its stores (a massive data breach that compromised 40 million
credit/debit card accounts between November 27 and December 15, 2013). As of the date of this article, Target’s cybersecurity breach has resulted in $17 million of net expenses
(although total expenses were $61M, such losses were partially
offset by $44 million in cyber-security insurance payments).
The loss resulted in almost a 50% reduction in 2013 fourthquarter profit for Target (and a 5.3% reduction in total revenue
as the breach scared off customers).
And commercial systems are not the only digital assets we need
to worry about. Federal Bureau of Investigation (FBI) Director
James Comey told the Senate homeland security and government affairs committee in September 2013, that cyber-attacks
were likely to eclipse terrorism as a domestic danger over the
next decade. “That’s where the bad guys will go,” Comey said.
10
Nashville Bar Journal - March 2014
“There are no safe neighborhoods. All of us are neighbors
[online].” In fact, a report by the Secretary of Defense
noted that "[i]n 2013, numerous computer systems
around the world, including those owned by the U.S.
government, continued to be targeted for intrusions, some
of which appear to be attributable directly to the Chinese
government and military".
We must now protect ourselves not only from the bored
teenage hacker – we now have to worry about how to
defend ourselves against organized international crime
syndicates paying millions of dollars to expert information
technology (IT) professionals and foreign governments
tapping the best and brightest professional IT talent
within their jurisdictions for nationalist purposes.
Protecting Critical National Infra-structure
Lacking a clear legislative process with respect to cyberdefense, the executive branch has stepped in to create an
over-arching framework to assess current vulnerabilities of
companies involved in owning or operating critical infrastructure and to effectively deal with inevitable cybersecurity breaches.
A Framework for Improving Critical Infrastructure
Cybersecurity (the “Framework”) was developed by the
National Institute of Standards and Technology (NIST)
and the Department of Homeland Security (DHS) in
response to an executive order by the President of the
United States to assist (a) owners and (b) operators in 18
critical infrastructure industries (ranging from energy to
transportation and communications) in
preparing for, preventing, mitigating, and
responding to cybersecurity threats. The
Framework draws heavily on existing technical standards (such as NIST 800-53 Rev
4, ISO 27001:2013, ISA 62443-2-1:2009,
and COBIT 5) and addresses management
of cybersecurity risks “for those processes,
information, and systems directly involved
in the delivery of critical infrastructure
services”.
The Framework Core (the “Core”) is a
set of cybersecurity activities, desired
outcomes, and applicable references that
are common across all critical infrastructure sectors and business. The Core
presents industry standards, guidelines,
and practices in a manner that allows for
communication of cybersecurity activities
and outcomes within an organization and
across organizations/with the government.
The Core defines 5 cybersecurity “Functions” that provide a high-level, strategic
view of the lifecycle of an organization’s
management of cybersecurity risks. The
Identify function mandates that an organization develop an enterprise-wide understanding of risks to systems, assets, data,
and capabilities. The Protect function
mandates that organizations develop and
implement safeguards to assure continuous
operation and delivery of critical infrastructure services during and after a cyberintrusion. The Detect function mandates
that organizations develop and implement
activities to timely identify, communicate,
and escalate cyber-security threats within
the organization and with critical private/
public partners. The Respond function
mandates that organizations develop
and implement appropriate activities to
take regarding any detected cybersecurity
event or intrusion. The Recover function
mandates that an organization develop and
implement activities to maintain resilience
and to restore any capabilities and services
that are degraded as a result of the inevitable unauthorized intrusion.
Within each Function, the Core defines
Categories (such as Asset Management,
Access Control, and Detection Processes)
and subcategories (for specific outcomes
of technical and/or management activities)
with appropriate annotations to Information References (standards, guidelines,
policies, and practices). Using the Core
an organization can map its assets and
vulnerabilities, as well as its response and
remediation plans and provide a resource
guide to help inform everyone within the
enterprise of the scale of attack and the
remediation being done.
The Framework also defines Implementation Tiers to classify organizations based
upon their cyber-security readiness. The
Tiers range from Partial (Tier 1 - where
risk management practices are not formalized, there is limited awareness within
the organization with respect to threats/
responses, there are only ad hoc response
systems and protocols, and there is no coordination outside of the organization) to
Adaptive (Tier –where continuous process
improvements are integrated in an organization-wide manner with clearly defined
channels of communication to critical
infra-structure partners and governmental authorities). The clear intent is that
organizations owning or operating critical
infra-structure capabilities will progress
over time from Tier 1 to Tier 4 status.
With respect to implementation, the
Framework provides directions with respect to organizations creating a “Profile”.
The Profile is designed to map the Functions to current organizational capabilities. The result should be essentially a gap
analysis that outlines deficiencies with respect to cyber-preparedness. The organization would use this gap analysis to develop
a strategy to remediate cyber-security
deficiencies and improve responsiveness to
cyber-intrusions.
Legal and Governance Implications of
the Framework
Beyond the technological aspects, perhaps
the most significant, and underappreciated, aspect of the Framework relates to the
new oversight responsibilities with respect
to cyber-security required from the Executive Level within an organization. The
Framework makes it clear that cybersecu-
rity is not just a technical problem to be
addressed by information technology specialists. Instead, the Framework articulates
cybersecurity as a core responsibility of the
Executive Level (a defined term within the
Framework).
This emphasis is consistent with the
increasing focus on cybersecurity by board
members and C-suite executives of US
companies. In the Framework, the Executive Level is charged with communicating
mission priorities, making appropriate
resources available, and developing an
overall risk tolerance within the organization as part of an integrated cybersecurity
program. The Executive Level is also
charged with monitoring outcomes. The
implication is that board members and
C-suite executives must exercise reasonable care and due diligence with respect
to the cybersecurity of their companies as
an integral part of their fiduciary duties
(and may be charged with a breach of this
fiduciary duty if they fail to be adequately
informed or take commercially reasonable
actions to remediate cyber-security issues).
Such mandate would seem to anticipate a
higher level of civil and potential shareholder liability at the board and C-suite
level for cybersecurity breaches than currently exists under US law.
There may also be international implications with respect to the Framework.
While designed to address US cybervulnerabilities, the Framework is clear that
it is not country specific and was developed
to create “a common language for international cooperation on infrastructure
cybersecurity”. This may be especially important for multi-nationals that either own
or operate “critical infra-structure” within
the US and create extra-territorial mandates for companies with facilities outside
of the US that may be portals of entry for
US cyber-intrusions. The Framework may
also help inform the proposed Directive
on Network and Information Security (the
“Directive”) and Cybersecurity Strategy of
the European Union, providing a techniContinued on Page 21 
Nashville Bar Journal - March 2014
11
BIL
L
G A & PH
DG
ET O IL'S
F THE
MONTH
Samsung Galaxy Gear Smart Watch
By: Bill Ramsey, Neal & Harwell, PLC and Phillip Hampton, LogicForce Consulting
We have been touting wearable technology for a while, but 2014 may be the year where this trend really reaches
the mainstream. At the 2014 Consumer Electronics Show (CES) in Las Vegas, wearable tech was all the rage,
with a wide array of smart watches leading the pack. A smart watch is essentially a watch that is computerized to
offer additional functionality rather than just the typical timekeeping function. The Pebble smart watch (www.
getitpebble.com) really started this latest craze with its insanely successful campaign to fund its idea via the crowd
funding website, Kickstarter.com, in 2012. The company had a goal of raising $100,000. They ended up raising
over $10 million; and the smart watch industry began to percolate. Today, as was evidenced at CES 2014, everyone seems to be getting into the smart watch business. There are many choices. However, we decided to try out
Samsung’s Galaxy Gear for a couple of reasons: (1) we already had a Galaxy S4 phone which has built-in compatibility with the Galaxy Gear; and (2) we really like Samsung’s track record in designing and developing consumerfriendly mobile devices. So we laid down a cool $249 for the Jet Black Samsung Galaxy Gear Smart Watch.
First of all, it should be noted that unlike other products in this category, the Galaxy Gear is made to function only
with certain Samsung smart phones, so if you don’t own one of the supported Samsung phones, this watch will do
you no good. Out of the box, we realized that we were not going to be making a fashion statement with this new
gadget. It looks like a geek’s wrist watch; but, of course, since we are geeks, it fits right in with all of our other
gadgets. The Gear was really easy to set up and pair with our Galaxy S4 smart phone. We were using it within
minutes of opening the box. Yes, it is a little heavier than a regular wrist watch, but it’s not that bad, really.
The functionality of the Gear is where we fell in love with it. Once it is paired with our smart phone, any incoming email messages, text messages, social media updates, and even phone calls, are now registered by the watch with
a slight buzzing on our arm. You can simply glance at the watch face when you feel your arm tingle and instantly
see a snippet of the incoming message or text. This is very handy and really obviates the need to rudely pull out
your cell phone in a meeting to check the contents of an incoming message. It should be noted that you only see
a bit of the message and no graphics. To see more, you still need to pull out your phone to view the message in its
entirety.
When not reading messages and you want to use the Gear for a more mundane task, like displaying the current
time, you can either press the button on the side to illuminate the watch face or simply raise your wrist up to new
eye level and it will automatically illuminate. Nicely, the watch also displays the current date and current outside
temperature. We really like the 1.9MP camera that is built in to the watch strap. Surprisingly, you can get some
really good photos with this tiny camera simply by swiping down on the watch face to activate the camera and then
one-click the viewer that appears. Even better, the photos automatically sync to your Samsung smart phone, and,
if you have set it up to do so, they will synch to your Google cloud account. We love the convenience.
You can also use the Gear to answer/make phone calls. Yes, there is a built-in mic and speaker on the clasp of the
watch strap. You look a little like a spy or Secret Service Agent while talking into your wrist and the sound quality
Continued on Page 12 
12
Nashville Bar Journal - March 2014
presented by
THE ARTS & BUSINESS COUNCIL
OF GREATER NASHVILLE
in partnership with
THE NASHVILLE BAR ASSOCIATION
YOUNG LAWYERS DIVISION
Continued from page 12
is not the best; however, it is a handy feature to use in a pinch when your arms
are full and you need to take a quick call. An even more useful feature is the
ability to reject calls that are coming to your watch via the connected phone by
simply swiping the watch face (again, all the while, leaving your phone securely
in your pocket).
In addition to all the native features of the Galaxy Gear, there are now a growing list of apps that you can download for your smart watch to extend its functionality. One our favorite mobile apps, Evernote, now has an app for the Gear.
The possibilities are endless….well, at least as endless as a 1.6-inch screen will
allow.
While we were so busy trying out our new Galaxy Gear purchase, Samsung announced the imminent arrival of the next generation of the Gear which is slated
to be available later in 2014. And, as we saw at CES, there is not going to be a
shortage of smart watches of all makes and models available to consumers this
year. Anything from watches, like the Gear, that pair with your phone all the
way to full-fledged computers that run completely on the device on your wrist
(a little ridiculous, if you ask us), we believe this is the year that smart watches
begin to show up on wrists of normal people, not just geeks like us. Who knew
watches could be this much fun, and productive? 
See you next month,
—Bill & Phil
WHAT: An intro via immersion to
Nashville’s creative community, this
summer soirée showcases music, acting,
dance, film, visual and performance
art from some of our finest local talents.
The evening is topped off with a unique
silent auction featuring everything from
co-writing sessions with top songwriters to
enticing offers from local businesses.
WHO: Arts Immersion celebrates the
convergence of Nashville’s creative and
business communities. Attorneys, artists
and a plethora of business professionals
- a.k.a. - the perfect blend of suits and
skinny jeans.
WHY: To give a big thank you – both
to our city’s creative talent and the
professionals that so generously support it.
Proceeds from the night benefit Volunteer
Lawyers & Professionals for the Arts, a
program of the Arts & Business Council.
The VLPA program has provided $1
million worth of free legal and business
help to over 1,000 low-income artists and
300 nonprofit arts organizations over the
past five years.
WHEN & WHERE: Wed., May 28,
2014, 6 -9 p.m. at W.O. Smith School.
Official After-Party at Citizen (a portion of
the proceeds benefiting VLPA).
APPELLATE BRIEFS and ARGUMENT
THOMAS F. BLOOM, J.D. (Emory 1977)
(615) 260-5952; [email protected]
Retained by attorneys throughout the State for 29 years to draft briefs and/or argue
cases in over 400 appeals, State and Federal. Research assistance also available.
FOOD/DRINK: Plenty. And did we
mention it’s open bar? There will be ample
libations, as well as delicious fare from
Nashville vendors and restaurants.
TICKETS: $40, available at www.
abcnashville.org starting early April.
Patron Package available.
Quality Guaranteed at reasonable cost. References available upon request.
Nashville Bar Journal - March 2014
13
If You Build It….
How “Music City” became a “Sports Town.”
Continued from page 7
went to the Memphis Sports Authority, a
public, not private, corporation and the
agreements otherwise complied with the
requirements of the Sports Authority Act,
Tenn. Code Ann. §§ 7-67-101, et seq.18
The Court also found that the Memphis
Arena project had a public purpose and
explained its decision by quoting the
Pennsylvania Supreme Court in Conrad
v. Pittsburgh, 218 A.2d 906 (Pa. 1966),
“If a well governed city were to confine its
governmental functions merely to the task
of assuring survival, . . . it would be a city
without parks, swimming pools, zoo, baseball diamonds, football gridirons and playgrounds for children. Such a city would be
a dreary city indeed. As man cannot live
by bread alone, a city cannot endure on
cement, asphalt and pipes alone….”19 The
Court also noted that so long as a public
purpose could be established, then the
fact that a private entity, such as an NBA
franchise, received some benefit from the
legislation did not invalidate the established public purpose.20
at a cost of approximately $144 million
($214 million in 2014 dollars) and has the
distinction of being one of the busiest venues in North America.21 It is the primary
home of the Nashville Predators National
Hockey League franchise (its primary
tenant since 1998), but also hosts concerts, basketball tournaments, and special
events, such as the CMA Awards, CMT
Music Awards and WWE Wrestling.22
The facility is owned by the Metropolitan
Sports Authority and operated by Powers
Management Company, a subsidiary of
the Nashville Predators National Hockey
League franchise.23 Since its completion,
the facility has undergone several multimillion dollar city-funded renovations,
including changes to concession stands
and public areas, as well as major changes
to infrastructure, replacement of the scoreboard with the “megatron” and TV-media
control room renovations in 2007, and
the current renovation to add a “second”
entrance to the building on Demonbreun
facing the new Music City Center.24
In deciding to fund a project, a city
must consider not only the initial cost
of construction, but also the ongoing
operation and maintenance as well as
renovations that must be undertaken to
keep the facility useful and competitive
with other facilities in the city, region and
nation. For example, Bridgestone Arena is
a multi-purpose venue completed in 1996,
The Titans stadium provides another example. The Titans are tasked with overseeing the daily operations of the stadium,
but Metro is responsible for any capital
improvements and pays an annual $1
million subsidy for such capital improvements.25 Additionally, in 2011, the Metro
Council approved a bond issuance of approximately $28 million to fund stadium
enhancements.26 The bonds were to be
paid by an increase in user fees
already applied to Titans tickets.27
So, how does the city go about
making the decision to build a new
facility, or attract, bid, and host
major sporting events? In Nashville,
as with many other cities, there
are myriad players, including local
legislative and executive branch
government; quasi-governmental
entities, such as the Metropolitan
Sports Authority of Nashville and Davidson County; public and private schools,
colleges and universities; and various private entities, including corporations who
purchase naming rights and other sponsorships, private foundations, nonprofit
entities, interest groups in the case of
public referendums, and professional and
amateur sports leagues. There may also be
judicial branch involvement to the extent
that legal challenges to eminent domain,
constitutionality of public financing of
facility projects, tax credits and subsidies,
or zoning issues, among others arise. All
of these entities play different roles in
decision-making, marketing, and promoting the city to sports teams and associations for events, and ongoing operations
of Nashville’s various sports and multipurpose facilities.
Most of us understand how local leaders
get elected and the respective roles they
play in proposing, planning and approving public funds for sports facilities and
events, but fewer of us may understand or
even know about the Sports Authority and
other sports decision-makers. The Metropolitan Sports Authority of Nashville and
Davidson County is a quasi-governmental
entity formed in 1996, under the Tennessee Sports Authorities Act of 1993,
Tenn. Code Ann. §§ 7-67-101, et seq. (the
“Act”) by application of three qualified
voters in the county to Metro Council for
approval. Once approved by local ordinance, a charter is filed with the Tennessee Secretary of State and approved as a
public benefit/non-profit corporation. The
Metropolitan Sports Authority is governed
by a staff overseen by a 13-member board
of directors appointed by the Mayor for
six year terms.28 The Sports Authority is
authorized to operate, maintain, manage,
and enter into contracts for the operation,
maintenance and management of any
project undertaken, to lease or rent space
in a sports/recreational facility, to lease,
rent, and contract for the operation of
Continued on Page 17 
14
Nashville Bar Journal - March 2014
TAKE COMMAND OF THE
MOMENT, THEN TAKE
COMMAND OF THE ROAD.
Command
PERFORMANCE
SALES EVENT
ENDS MARCH 31
WWW.NASHVILLELEXUS.COM
Nashville Bar Journal - March 2014
15
Customers count on our newsletters,
events and webinars, directories,
online databases and manuals to
meet a variety of business and legal
objectives.
Our Solutions:
Tennessee Attorneys Directory
Tennessee Attorneys Memo
The Tennessee Journal
Tennessee Legislation Service
Tennessee Government Officials Directory
Visit MLeeSmith.com to learn more.
24474
16
Nashville Bar Journal - March 2014
24474-Bar-Journal-Ad.indd 1
2/13/14 3:23 PM
If You Build It….
How “Music City” Became a “Sports Town”
Continued from page 14
any sports/recreational facility, to borrow
money and issue bonds, and to buy or sell
any of its properties.
Another key player in Nashville’s sports
scene is the Nashville Sports Council
(NSC), organized in 1992, as a nonprofit,
501(c)(6) corporation, which is a type of
tax-exempt entity for business leagues and
trade associations. NSC is a membership
based organization with a volunteer board
of directors whose mission is to “positively
impact the economy and quality of life
of Greater Nashville Area by attracting
and promoting professional and amateur
sporting events.”29 They accomplish this
by strategically bidding on, attracting,
and hosting major sporting events that
meet objectives such as: economic development, tourism impact, quality of life
enhancement and international exposure
for “Music City”. The NSC estimates its
average annual economic impact since its
founding to be over $37 million, with total economic impact between 1992 – 2012
at almost half a billion dollars.30
For major annual events, the NSC sometimes serves as the organizing entity, while
at other times separate local, regional or
national associations or non-profits serve
as the “host.” For example, the Nashville
Local Organizing Committee (NLOC)
is the non-profit corporation established
in 2010, by a local, volunteer board of
directors to host the NCAA Women’s
Final Four in Nashville in April 2014. The
NLOC has a contract with the NCAA
to host, organize, and implement the
Women’s Final Four Championship and
related events and programs, including the “Tourney Town” fan experience
and community legacy programs, such
as the Champions4Women leadership
program or the Girl Scouts “Girls Got
Game” Patch program, that promote
female student athletes.31 The NLOC
then enters into contracts with local entities, such as the Ohio Valley
Conference (OVC), Nashville Sports
Council, Bridgestone Arena, and other
local private and public entities for particular goods and services. The NLOC
also raises local funds from public and
private entities to support the championship and related events.
Other community players and stakeholders include professional sports
teams, amateur sports teams and clubs,
and private corporate sponsors. A
study of Nashville’s sports facilities and
events from the Vanderbilt University
Center for Nashville Studies concluded
that some of Nashville’s strengths that
enabled it to achieve such a robust sports
community in a relatively short amount of
time included an easily accessible geographic location, a recognizable “brand”
in the form of “Music City”, a vibrant and
pedestrian-friendly downtown “campus”, a
diverse set of facilities, and robust community and fan support, including the
nationally recognized Nashville Sports
Council. But, the same study also found
that compared to other “peer” cities, Nashville’s public/private funding mechanisms
were lacking, that a relatively few number of corporations were relied upon to
substantially support sports in the city, and
that private foundations to support sports
did not exist in Nashville.32
Nashville has certainly come a long way
in the last twenty years to add “Sports
Town” to its city pseudonyms. The key
question over the next twenty years the
city will need to answer and plan for now
is how to pay its current debts from facility
construction, while continuing to fund
Continued on Page 20 
Nashville Bar Journal - March 2014
17
Interest
One Dozen Tips
for Better Writing within the Firm
by:
Gary Kinder
1) Look for the words “of,” “in,” and “as.”
Around them you will often find words that add no meaning:
Buyer approving and adopting
this Agreement and approving the
transactions contemplated hereby,
including but not limited to
approvals under canon law, shall
have been taken.
Debtors agreed to pay the estate
$483.34 per month, for 12
months, beginning September
01, 2013.
(c) Seller and Buyer shall have
taken all action necessary to
approve this Agreement and the
transactions contemplated hereby,
including but not limited to approvals under canon law.
The court held that it did not,
finding instead that . . . .
Subsequent to this decision, federal agencies codified procedures
for handling “Touhy requests.”
2)
Avoid writing “clearly” in a brief.
It’s a marked word. Use it and the judge will double your burden of proof. Ditto “well-settled” and “obvi
ously.”
3) Put people in your sentences.
It enlivens your writing. We have at
tached; I have enclosed.
7)
Drop the fightin’ words, like “laughable” and “ludicrous,” and the cute ones, like “curiously” and “suspiciously.”
They provide a judge only with a rea
son for disliking you and your case.
8)
Emphasize a point by putting it at the end of the sentence.
This alone will dramatically improve your writing:
4) Remove opinion from your Fact Statement.
Even words like “significant” and “untimely” are opinions and make judges
doubt your credibility.
5)
Examine the last few words before every period.
If they form a prepositional phrase, often you can delete them.
But the facts of Hall are not
analogous.
6) Write contracts in the active voice.
Otherwise, you risk confusion:
(c) All necessary action and approvals on the part of Seller and
18
Nashville Bar Journal - March 2014
9)
On January 21, 2012, Plaintiff
Marvin Miller violated Allied
Steel’s alcohol and drug policy
when he tested positive for cocaine.
10) Convert “nominalizations.”
“Nominalizations” are nouns that should be verbs. Converting them will dramatically enliven your sen
tences.
I recommend the phrase be
confined to use as a title for the
document to which it refers.
(11) Never define terms in a brief or memorandum.
It clutters your writing and puts
the burden on your reader. Call
the Plaintiff “Craig,” the agreement “the agreement,” and the
Defendant “NorthEast.” You
don’t need to alert us; we understand.
The community groups committed to a design review of over
1,000 hours from the very beginning.
This dispute arises out of Plaintiff
Mike Craig’s employment agreement with Defendant NorthEast
Real Estate Advisors, Inc.
From the very beginning, the
community groups committed
to a design review of over 1,000
hours.
And use abbreviations only for
entities the public knows by their
abbreviations: EPA, IRS, NRA,
NOW.
Open your brief with your case, not your opponent’s.
Make your opponent argue her own case.
Plaintiff, Marvin Miller (“Miller”), filed an amended Title VII
Complaint alleging three claims
for relief: (1) discrimination . . . .
12) Encourage partners to attend writing programs with associates.
They will improve their own writing, and
they will know better how to help their
protégés n
Gary Kinder has taught over 1,000 writing programs for the ABA and to law firms. He is also the
author of the critically acclaimed New York Times
bestseller Ship of Gold in the Deep Blue Sea.
In 2011, Gary founded the software company
“WordRake,” the first editing software for lawyers.
NUTS & BOLTS OF PRACTICE
CHANGES IN TRIAL COURT CASELOADS
by:
Philip E. Smith
The Davidson County State Trial Courts
have made some significant changes in the
way both Petitions for Orders of Protection and DUI cases are handled. To promote judicial economy (effective October
23, 2013), these cases have been reassigned
as detailed below.
Petitions for Order of Protection
Petitions for Orders of Protection now are
heard by Special Master John Manson.
These hearings occur on Wednesdays and
Thursdays at 9 a.m. in Room 510 of the
Historic Metro Courthouse.
After the decision is made by the Special
Master, either party, consistent with Tennessee Code Annotated § 17-2-123 (5)
and (6), are entitled to a de novo hearing
by a Circuit Court Judge simply by filing
an appeal within five days of entry of the
order. The responsibility for confirming
the orders or hearing appeals from the
Special Master will be rotated quarterly
between all eight Circuit Courts.
According to Tim Townsend, the Davidson County State Trial Court Administrator, the shifting of cases was made necessary by the increase in need for assistance
in the domestic relations and criminal
areas. “As a result of the 2012-2013
weighted caseload numbers, Judge Binkley,
the presiding judge of the state trial courts,
formed a caseload study committee made
up of eight trial court judges. The shifting
of cases was recommended by the committee and was approved by all eighteen
trial judges to better allocate resources to
meet the needs of the people of Davidson
County,” Townsend stated.
in addition to his regular caseload and to
Judge Amanda McClendon for agreeing
to take on the DUI and other misdemeanor driving offenses.” Judge Binkley
also stated that a new weighted caseload
study may require a further reallocation of
assigned cases or caseloads, noting that “[t]
his is an ongoing process to ensure that the
trial court caseload is handled in the most
efficient manner as possible.” n
Judge Binkley added that “[a] special
thanks should be given to Judge Mark
Fishburn for handling the DUI docket
Likewise, any appeals from General Sessions Court on Petitions for Orders of
Protection will be heard by the Circuit
Court Judge responsible for the Orders of
Protection that quarter.
DUI Misdemeanor Offenses
Now all pending cases and all indictments
issued by the Davidson County Grand
Jury involving misdemeanor driving
offenses (1st, 2nd and 3rd offense DUIs)
and Civil Petitions to Enforce the Motor
Vehicle Offender Act are heard by the Second Circuit Court, which is located on the
fifth floor of the Historic Courthouse.
Nashville Bar Journal - March 2014
19
If You Build It….
How “Music City” Became a “Sports Town”
Continued from page 17
required maintenance and renovations on
the facilities to keep them competitive and
able to bring the types of activities and
events to Nashville that positively impact
our local economy and quality of life. 
Tracy Kane is a shareholder with
Dodson, Parker, Behm & Capparella,
PC, specializing in estate planning
and business law. She is a graduate
of Vanderbilt University Law School and former
law clerk to the Honorable Richard Dinkins on the
Tennessee Court of Appeals.
(Endnotes)
14
Garrison, supra note 13.
A “Major” sports venue for purposes of this
article is a sports venue with seating capacity of
over 10,000.
15
Id.
1
The Nashville Sports Council recently signed an
historic deal with the Southeastern Conference
(SEC) to make Nashville and the Bridgestone
Arena the site for the next 12 consecutive Men’s
and Women’s basketball tournaments.
2
See Nashville Sports Council, 2012-2013 Annual
Report; see also Joshua L. Burgener, The State
of Sports in Nashville, Vanderbilt University (Fall
2010)(research and data compiled by research
assistants from Professor Davis Williams’s Sports
Law Class)(on file with author).
3
Id.
Id. at 70. The plaintiffs did not attack the constitutionality of the Sports Authority Act.
18
19
Id. at 73-74.
20
Id. at 72.
See Bridgestone Area website, www.bridgestonearena.com [hereinafter “Bridgestone website”];
see also Wiki, Bridgestone Arena, http://en.wikipedia.
org/wiki/Bridgestone_Arena.
21
Burgener, supra note 3.
22
See Bridgestone website, supra note 21.
5
Id. at 15.
23
See id.
Pamela Edwards, How much does that Yankee
ticket cost? An analysis of local governments’ expenditure of public funds to maintain, improve or acquire
an athletic stadium for the use of professional sports
teams, 18 Fordham Urb. L.J. 695 (Summer 1991).
6
Raymond J. Keating, The NFL Oilers: A Case Study
in Corporate Welfare, 48 The Found. Econ. Educ.:
The Freedom, Ideas on Liberty (Spring 1998).
Bill Lewis, Why is our water so expensive? First,
it’s really not. Second, remember that deal to get the
Titans?, Nashville Ledger (July. 29, 2011).
8
9
Keating, supra note 7.
10
Id.
Sports Authority Pleads for GEC Funds, The City
Paper (Nashville)(June 22, 2006), available at http://
nashvillecitypaper.com/content/city-news/sportsauthority-pleads-gec-funds; Joey Garrison, Work on
Bridgestone Area’s new “front door” continues. New
entrance will complement hotel, City Center, The Tennessean (Sept. 10, 2013).
24
25
Joey Garrison, Metro Council approves bond issuance
for LP Field upgrades with little resistance, The City
Paper (Nashville)(Dec. 6, 2011).
26
Id.
27
Id.
28
See Metro Sports Authority website, supra note 13.
11
Andrew Tarica, Sounds get new park on the rifer:
First Tennessee Field to open for the 2007 season
(Feb. 8, 2006), The Official Site for Major League
Baseball, www.MILB.com.
Nashville Sports Council, 2012-2013 Annual Report, available at http://www.nashvillesports.com/site/
about-us; see also, generally, Nashville Sports Council
website, www.nashvillesports.com.
Cindy Carter, Deadline for Sounds Stadium Proposal Passes (Apr. 16, 2007), www.WSMV.com.
30
12
The site of the new Nashville Sounds baseball
stadium will incorporate part of its historic home
at Sulphur Dell, on Jackson between Fourth and
Fifth Avenues. To get the land from the State for
the site, Mayor Dean agreed to pay $18 million
to the State for the construction of a 1,000-car
parking garage on the site, as well as $5 million
for an underground parking garage below the
proposed new state library and archives. The
city will also acquire the property on which the
Nashville School of the Arts is located. See, generally Metropolitan Sports Authority, www.nashville.
gov/Sports-Authority (last visited Feb. 26, 2014)
[hereinafter “Metro Sports Authority website”];
Joey Garrison, Mayor Wants City to Pay $65M for
New Nashville Sounds Stadium, The Tennessean
(Nov. 11, 2013).
13
Nashville Bar Journal - March 2014
17
4
7
20
Ragsdale v. City of Memphis, 70 SW3d 56 (Tenn. Ct.
App. 2001), perm. app. denied (Tenn. 2001).
16
29
Id.
See generally Nashville Organizing Committee
website, www.musiccityplays.com.
31
32
Burgener, supra note 3, at 46-48.
Preparing for a Digital Armageddon
Continued from page 11
cal framework and lexicon for articulating,
and confirming compliance with, such Directive and Strategy. But there also appear
to be substantial differences between the
Framework and the Directive/Strategy that
will need to be rationalized, particularly
with respect to privacy and civil liberties.
The Framework does not contain controls
for protecting privacy or civil liberties,
instead noting that “not all activities in
a cybersecurity program may give rise
to [privacy and civil liberties] considerations”. Such approach seems to create an
inconsistency between the expansive (and
mandatory) data-sharing arrangements
anticipated under the Framework and the
data protection schemas preferred under
the EU Directive/Strategy. This disjunction is particularly troubling given the
current state of Data Protection and Safe
Harbor discussions between the US and
the EU (especially where the Framework
creates data sharing arrangements that are
specifically prohibited in the EU).
On a national level, it is not clear whether
the Framework will be generally adopted
outside of the designated critical infrastructure industries. There is currently
no governmental regulation mandating
adoption even within even the critical
industries for which the Framework was
designed. Instead, the DHS has merely
created a Critical Infrastructure Cyber
Community (C3) Voluntary Program to
offer technical assistance to organizations
that want to implement the Framework.
However, the Framework does seem to articulate “best practices” and may create an
“industry standard” for all companies in
the US against which cybersecurity failures
may be judged in civil/commercial litigation. In this regard the “best practice”
and “commercially reasonable” threshold
set out in the Framework may represent a
new basis for shareholder derivative suits
against companies and C-level executives
that fail to take steps as articulated in the
Framework.
Summary and Conclusion
The Framework is clearly required reading
for the nerds and geeks within an organization that deal with IT infra-structure
on a daily basis. But indications are that
the Framework must be reviewed at the
highest level of a company, including at
the board of director and C-suite level.
Board members and C-level executives
(who are legally charged with the fiduciary
duty of due diligence and inquiry) cannot
just assume that their IT professionals
will be adequately dealing with the risks
presented by digital intrusions. While
board members and C-level executives can
reasonably rely upon experts in this area to
assist them, the Framework makes it clear
that the strategy for protecting against
cyber-intrusions (and the requirement
to apply appropriate corporate resources
against such cyber-intrusions) must come
from the top of the enterprise. That being
the case, it will be incumbent upon board
members and C-level executives (and the
lawyers and IT professionals providing
board and C-level advice) to consider a
process for adequately (and regularly)
addressing cyber-security during board
meetings and C-level executive briefings, especially with reference to the new
Framework. n
Kelly L. Frey, Sr. is a partner with
the Nashville Tennessee office of
Dickinson Wright and can be reached
at 615-620-1730 or [email protected]
2014 NBA Premier Members INCLUDE:
Elizabeth A. Alexander
Gail Vaughn Ashworth
Kathryn E. Barnett
Charles H. Beaty
Barbara Bennett
Charles W. Bone
Jay S. Bowen
C. Dewey Branstetter Jr.
Joe B. Brown
Kenneth Sherman Byrd
Kathryn Caudle
Mark P. Chalos
John Ray Clemmons
Dixie W. Cooper
Patricia J. Cottrell
John A. Day
John Franklin Floyd
Charles K. Grant
John J. Griffin Jr.
William L. Harbison
Marian F. Harrison
Trey Harwell
Paul T. Housch
R. Jan Jennings
John D. Kitch
William C. Koch Jr.
Edward Dodson Lanquist Jr.
Thomas W. Lawless
Claudia Vettel Levy
Richard Wesley Littlehale
Randal S. Mashburn
Amanda J. McClendon
Jeffrey Mobley
Marlene Eskind Moses
Patricia Head Moskal
Michael I. Mossman
Jonathan Parrett
Gregory J. Pease
Tracy A. Powell
Benjamin M. Rose
Edgar M. Rothschild III
Maria M. Salas
Thomas J. Sherrard III
Emily A. Shouse
Saul A. Solomon
Michael G. Stewart
James Gerard Stranch IV
Hon. Aleta Arthur Trauger
Irwin Bruce Venick
Michael J. Wall
James L. Weatherly Jr.
Peter Weiss
Thomas V. White
Larry R. Williams
Nicholas S. Zeppos
NBA Premier Membership is a special category that recognizes our members who desire to
demonstrate the utmost in commitment and support to the NBA Programs & Services.
Contact Vicki Shoulders (615.242.9272, [email protected]) for details.
Nashville Bar Journal - March 2014
21
Disclosure
Tracy Dry Kane has been
named a shareholder in the law
firm of Dodson Parker Behm &
Capparella, PC. Kane focuses her practice
on business law—helping entrepreneurs,
companies and nonprofit entities develop,
operate and grow their organizations. She
earned her J.D. degree from Vanderbilt
Law School, where she was named a fellow of the Cal Turner Moral Leadership
Program. She received her B.A. degree
in international relations from American
University in Washington, D.C.
Elizabeth Sitgreaves has joined
Dodson Parker Behm & Capparella, PC as an associate. Sitgreaves will focus her practice on litigation,
municipal law and general business advice.
Sitgreaves attended the University of Tennessee College of Law, where she graduated magna cum laude and served on the
Tennessee Journal of Law and Policy. Prior
to law school, Sitgreaves was a presidential
scholar at the University of Georgia, where
she received her B.A. degree in political science, magna cum laude, and served on the
University Judiciary.
Samuel L. Felker has joined
Baker Donelson as a shareholder
and a member of the Firm's
Product Liability and Mass Tort Group.
His litigation practice will include product
liability and mass tort, commercial litigation and food safety. Felker is a graduate of
University of Virginia School of Law.
Laura Baker has been named a
shareholder in the Law Offices
of John Day. Baker focuses
her practice on representing individuals
in personal injury and wrongful death
litigation and domestic relations matters.
She joined the firm in 2006, after earning
her law degree at the University of
Tennessee College of Law and her B.A.
in Political Science at Rhodes College in
Memphis, Tennessee.
22
Nashville Bar Journal - March 2014
\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to
light relevant information concerning NBA Members & Staff.
n Announcements n Kudos n People on the Move n Firm News
Rachel Thomas has joined the
firm of Riley Warnock & Jacobson, PLC as an associate. Prior
to joining the firm, Thomas practiced as a
trial attorney for more than five years with
the District Attorney’s Office in Nashville. Her courtroom advocacy experience includes numerous jury and non-jury trials.
Thomas graduated cum laude from the
University of Tennessee College of Law
in 2008, where she wrote for the Transactions, the business law journal. Thomas
received her undergraduate degree in
2003, from the University of Virginia.
She will focus her practice on business
litigation.
Christopher M. Caputo has
moved to the Baker Donelson's
Nashville office. Caputo, a
shareholder in the firm, was previously located in the Memphis office. He practices
construction law and litigation and leads
the Firm's Tennessee construction practice. He represents and counsels real estate
developers, public entities, contractors,
design professionals and financial institutions throughout the entire United States
and abroad. He is a graduate of Colgate
University and the University of Miami
School of Law.
Julian L. Bibb has been elected
President of the Tennessee
Board of Law Examiners. He
will serve a one-year term. Bibb, a Member of the law firm of Stites & Harbison,
PLLC, has served on the Board of Law
Examiners for the past three years. Prior
to that, Bibb served as an assistant on the
Board for 22 years.
Anne Warner has joined the
law firm of Podis & Podis as a
bankruptcy associate. Warner
received her Juris Doctorate from University of San Diego and a Bachelor of Music
from Vanderbilt University. She is licensed
to practice in Tennessee and California.
n
Megan N. Deardorff has been
named associate at Neal &
Harwell, PLC. Her practice
will focus on civil and criminal litigation. Deardorff was previously a litigation
specialist at the firm. Deardorff earned
her J.D. at the University of Memphis
Cecil C. Humphreys School of Law and
graduated cum laude from the University
of North Carolina – Wilmington with a
B.A. in Communications Studies and a
B.A. in English.
Tonya Mitchem Grindon, a
shareholder in Baker Donelson's Nashville office, has been
elected a member of the Firm's board of
directors. Grindon was elected by Baker
Donelson's shareholders to a three-year
term as a member of the board. Grindon,
chair of the Baker Donelson's Securities/
Corporate Governance Group, is the first
woman from the Firm's Nashville office to
be elected to the board. She concentrates
her practice in securities and corporate finance, mergers and acquisitions, corporate
governance, investment, management and
international business transactions.
Robert A. Peal has been named
Partner at Neal & Harwell,
PLC. . Peal joined the firm in
2009, as a litigation associate; his practice
is concentrated on criminal defense and
civil litigation with emphasis on False
Claims Act and aviation-related litigation. Prior to joining Neal & Harwell,
Peal served in the U.S. Marine Corps for
thirteen years, first as an F/A-18D flight
officer, followed by three years as a senior
prosecutor. Peal earned his J.D. in 2006
from Vanderbilt University School of
Law where he was Order of the Coif and
Associate Editor of the Vanderbilt Law
Review. He is a 1996 graduate of the U.S.
Naval Academy with a B.S. in Mechanical
Engineering.
The inaugural NAMI (National
Alliance on Mental Illness)
Tennessee Vision of Hope Gala
honored Judge Daniel B. Eisenstein with
the Vision of Hope Award for his work as
judge for the Davidson County Mental
Health Court over the last ten years as well
as his collaboration with NAMI Tennessee
and his advocacy for people with mental
illness. Judge Eisenstein presides over Division II of the Davidson County General
Sessions Court.
Christy Tosh Crider, a shareholder in Baker Donelson's
Nashville office, has been named
chair of Baker Donelson's Women's
Initiative. As chair of the Firm's Women's
Initiative, Crider will lead the group dedicated to creating an environment where
female attorneys thrive through recruiting,
promoting and retaining female professionals by cultivating mentoring programs
and preparing women for leadership
positions within the Firm and the community. Crider, who also heads the Firm's
Long Term Care Industry Service Team,
concentrates her practice in long term
care, behavioral health companies, managing the litigation of numerous long term
care facilities around the country, medical
malpractice litigation and many areas of
tort and commercial litigation.
Joshua A. Ehrenfeld has joined
Burr & Forman LLP as Counsel. , Ehrenfeld will assist clients
on domestic and international taxation
matters, as well as corporate and business transactions. Ehrenfeld received his
undergraduate degree from the College of
William and Mary, his law degree from the
University of Chicago Law School, and his
L.L.M. in Taxation from the University of
Florida.
Shea M. Brakefield has joined
Morgan & Akins, PLLC as an
associate, She is a 2004 graduate of the University of Alabama School
of Law. She has 8 years of experience in
civil litigation, including trial and appellate practice. Brakefield will continue to
focus her practice on Insurance Law and
Defense in courts across the State of Tennessee.
Rebecca Barnett has joined
Stites & Harbison, PLLC as
Counsel in the Intellectual
Property & Technology Service Group.
Barnett is a Registered Patent Attorney
and her practice is focused primarily on
developing and maintaining domestic and
international patent portfolios in the biological, chemical and mechanical arts. She
earned her J.D. from Loyola University
Chicago School of Law and her Bachelor
of Engineering in biomedical engineering from Vanderbilt University School of
Engineering. Barnett is currently pursuing
a Master of Science in biotechnology from
Johns Hopkins University.
Barbara Gunn Lartey has
joined Legal Aid Society of
Middle Tennessee and the
Cumberlands as victim advocate. Prior to
joining Legal Aid Society, Gunn Lartey
worked as a bilingual legal advocate at
the Tennessee Coalition to End Domestic
and Sexual Violence. She has also been a
women’s education coordinator and bilingual medical case manager at Nashville
Cares and a disability claims examiner at
Social Security Disability Services.
Mallory L. Schneider has
joined the law firm Constangy,
Brooks & Smith as an associate.
She focuses her practice in employment
law, with an emphasis on litigation prevention and defense. Her practice includes
work in representing clients against alleged
claims of race, sex, age, and disability
discrimination as well as wrongful termination and state law matters. Schneider is
a graduate of the Cumberland School of
Law at Samford University in Birmingham, Alabama. Schneider completed her
undergraduate degree at Florida State
University.
Nashville Bar Association members may
send Disclosure announcements via email
to [email protected]
Submissions are subject to editing.
Welcome New
NBA Members!
John Baroni Thomas Beck Raquel Lee Bellamy Branstetter, Stranch & Jennings, PLLC*
Laura Cade Therapeutic Interventions, Inc.
Allison Champagne Country Music Television
Jenna Claire Dillier Cole Law Group
Brittany Dunbar Dunbar Law
Erin Frankrone Mark Hammervold Gideon, Cooper & Essary, PLC
Ashley Ladd Larry R. Williams, PLLC*
William Lay Sean McCann Mark Murray Dean Newton Dean Newton, Esq.
Daniel Parker Phillip Purcell Dynamic Hospitality
Mitchell Ronningen Pepper & Brothers, PLLC
Mary Katherine Schweihs Bass, Berry & Sims PLC
Anne VanderBroek Robert Wedemeyer Tennessee Court of Appeals
* Belongs to a 100% Club firm
Dial-A-Lawyer is held the first Tuesday of
each month. The public is invited to call
in with basic legal questions.
February Volunteers:
David Cooper
Gina Crawley
Tom Lawless
Doug Pierce
Joe Rusnak
Morgan Smith
To volunteer your time, please contact
Wendy Cozby, LRIS Coordinator at [email protected] or 242-9272.
Pro Bono credit does apply and dinner
will be provided.
Nashville Bar Journal - March 2014
23
Classifieds
Vacation Rentals
Office Space
Office Space
Nashville attorney with established civil law
practice looking to share office space and support
staff. Please call (615) 251-5448.
Golf Getaway:
The Cottages at Olde Stone
Bowling Green, Kentucky
Arthur Hills Signature Course
3 BR – 3 ½ baths – Full kitchen – Grill
Screened porch on 9th Fairway
Dining – Tennis – Resort Pool/
Hot Tub – Fitness Center
Contact Amy Gilmet: (502)357-1901
Downtown
Office condos for Lease or Sale. 500 to 2500 sq.
feet. 501 Union Street, 5th floor. Near
Legislative Plaza. Call Lynne at (615) 259-1550.
Downtown
Office Space-Court Square Bldg. 2nd FL.
One to three offices. $1,000 to $1,500 depending on need. Shared expenses. Contact:
[email protected]
Expert
Witness
Office
Space
Legal Nurse Consulting
Handling cases with medically related
aspects? Best Practice Legal Nurse Consulting can help you with superior case
preparation. Best Practice can screen cases
for merit, find expert witnesses, write
summaries and chronologies of medical
records, along with other services. Contact
Lisa at 615-481-5047 or visit bplnc.com
for more information.
BRENTWOOD AREA LAW FIRM
Established Brentwood Law Firm has one office
space immediately available. Includes receptionist services, internet, fax, use of conference
room, copiers, and free and convenient parking. Professional work environment. Call 615376-8857 for details or schedule a showing.
Advertise your Office Space in
the Nashville Bar Journal
Classifieds Online @
www.nashvillebar.org
CC
Visit the NBA's
Career Center
& Get Started
Today:
http://jobs.nashvillebar.org/home
Employers:
Job Seekers:
ABA Retirement .........................Front Cover
DeLisi & Ghee, Inc. ................................. 17
Elder Law Practice of Timothy L. Takacs
..................................................... Back Cover
IPSCO .............................. Inside Back Cover
Lexus of Nashville ................................... 15
Loews Vanderbilt Hotel .......................... 09
NBA Attorney Directory .......... Front Cover
NBA Career Center ................................. 24
Thomas F. Bloom, JD .............................. 13
Thomson Reuters ..................................... 19
Should You Join the NBA LRIS?
LRIS Markets & Advertises Your
Services When you join the NBA LRIS,
your practice benefits from the LRIS’ marketing and advertising programs. Currently, LRIS
reaches potential clients through advertising in
the Yellow Pages in various telephone directories
throughout the state. Clients are referred to us
through a variety of sources including the courts,
Office of the Attorney General, employee assistance programs, other Bar Associations and the
Social Security Administration. Also, our on-line
presence attracts clients nationwide.
JOIN NOW
Contact: Wendy Cozby, LRIS Coordinator
(615) 242-9272 | [email protected]
The NBA Lawyer Referral & Information Service is the Exclusive Referral Service for the Nashville Bar Association.
Advertising:
Contact Tina Ashford at
(615) 242-9272 or
[email protected]
•
Search for and quickly apply
to great, relevant jobs
•
Place your job in front of our
highly qualified members
•
Set up Job Alerts so you are
immediately notified any time
a job is posted that matches
your skills or interests
•
Search our resume database of
qualified candidates
Classified Advertising: Rates: $75 for the first
50 words and $1 for each additional word.
•
Manage jobs and applicant
activity right on our site
•
Limit applicants only to those
who are qualified
Available Sections: Expert Witness, For Sale, Forensic Document Examiner, Technical Support
Services, Office Space, Litigation Services, Office
Sharing, Vacation Rentals and Accounting.
•
Fill your jobs more quickly with
great talent
•
•
24
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Nashville Bar Journal - March 2014
Display Advertising: Full and Half Page color
and black & white advertisements. Quarter
and Eighth Page black & white advertisements. Please contact Tina Ashford for a
display advertising quote.
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              
 
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                
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Elder Law Practice of Timothy L. Takacs
DIAGNOSIS:
Elder Care Confusion
Do your clients have the symptoms? Exhausted. Uncertain. Unprepared. Terrified.
Exhausted: Frazzled by the competing
demands of work, family and caregiving
Uncertain: No time to do the research needed
to make good decisions about their loved ones’ future
Unprepared: No plan for the time when they can
no longer manage their loved one’s care at home
Terrified: Worried that if long-term care
outside the home is needed, the nursing
home will take everything their loved
one worked a lifetime to earn
Elder Law Practice of Timothy L. Takacs
has the antidote. It’s called a Life Care Plan.
Loved ones get the care they need.
Family assets are protected. Family
caregivers enjoy compassionate
support throughout the long-term
care journey.
Don’t let your clients struggle alone. Refer them to Elder Law
Practice of Timothy L. Takacs. For two decades, improving
quality of life for elders and the families who love and care for
them has been our primary focus. We can help your clients, too.
Middle Tennessee: (615) 824-2571
Toll-Free: (866) 222-3127
Family Website: www.tn-elderlaw.com
Professional Education Website: www.elderlaweducation.com
Life Care Planning Elder Law
Estate Planning Care Coordination
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