In The News

Client, Kings Bowl at Cool Springs Galleria is Open and Leaving No Pin Standing

Are you a gutter ball guru or a clean sweep?  Spare me.

Kings Bowl in Franklin will be right up your alley.

This past weekend's, Tennessean Portfolio features an article about Bone McAllester Norton client, Kings Bowl.  Click here for the full article in The Tennessean.

Kings Bowl has recently opened in the Cool Springs Galleria Mall.  With 25,000 square feet of bowling, eating and live music, there is sure to be some kind of fun for everyone.  And to make certain that is true, the Kings national chain has an executive chef with a full-service kitchen, a craft beer room and a whiskey room - along with a few lanes for bowling.

Client, Jackalope Brewing Weighs In: Do's and Don'ts of Growlers

(Photo: Samuel M. Simpkins/ The Tennessean)(Photo: Samuel M. Simpkins/ The Tennessean)GRAB IT AND GROWLER:  YOU CAN TAKE IT WITH YOU

Client, Jackalope Brewing Company and other local breweries share some great growler do's and don'ts in today's The Tennessean.

A growler is simply the best way to take fresh beer home.  There are many filing stations all around town!  Many of our local craft brewers do not bottle, so this is the only way to take beer on the go.  To read this interesting article in The Tennessean, click here.

 

 

Don't Look Now, Nudie's Honky Tonk Is Opening On Lower Broadway

By Larry D. Moore, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=3322844By Larry D. Moore, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=3322844A Bone McAllester Norton client is planning a new honky-tonk on Lower Broadway - Nudie's Honky Tonk.  Let me explain. . .

This new live music/bar/restaurant takes its name from Nudie Cohn and will open this summer at 409 Broadway.

Nudie Cohn is the professional name for Nuta Kotlyarenko, the Ukrainian-born American tailor known for his decoratively designed rhinestone-covered suits - the "Nudie Suits".  He created these outlandish suits for the likes of Porter Wagoner, Elvis, Robert Redford, Hank Williams, George Jones, Ronald Reagan, etc.

So, Nudie's Honky Tonk will be a three-story, 12,000 square foot bar/club/restaurant featuring live music, several bars and a full kitchen offering Southern style comfort food.

 

 

Bone McAllester Norton Attorney Selected By Tennessee Bar Foundation

Anne C. MartinAnne C. MartinAnne C. Martin has recently been elected a Fellow of the Tennessee Bar Foundation, an association of 818 attorneys across the state. Invitations to membership, which is a position of honor, were extended to 30 attorneys this year by the Board of Trustees of the Tennessee Bar Foundation. This introduction of new Fellows took place in May at the annual Fellows’ Dinner in Nashville.

“Anne is one of the top rated employment litigation attorneys in Tennessee”, says Chairman Charles W. Bone. “Anne’s dedication and outstanding contributions to the legal profession make this a natural fit. She’ll be a passionate advocate for their public interest projects throughout Tennessee.” 

The Bar Foundation’s purpose is two-fold: to honor attorneys who have distinguished themselves in the profession and to administer a grant making program. That project, known by its acronym “IOLTA” (Interest On Lawyers’ Trust Accounts), has awarded grants in excess of $20 million to law-related, public interest projects across Tennessee. 

Martin is a Member in the firm of Bone McAllester Norton, PLLC and has been practicing law in Nashville for almost 25 years. She is a graduate of Smith College and Vanderbilt University Law School.

Fresh Market, BoneLaw Client, comes to West Nashville

The Fresh MarketThe Fresh MarketThe fourth Fresh Market in the Nashville area is opening on the west side of Nashville in the Lion's Head Village Shopping Center.  It will be taking the space that was previously the OfficeMax and is slated to open in the Spring of 2017.

For the entire article in The Tennessean, click here.

 

BoneLaw Attorneys win Tennessee Supreme Court Case

Legal Alert:  Tennessee Supreme Court Reverses Appeals Court Decision on Landfill Cleanup

Bone McAllester Norton attorneys Sharon O. Jacobs and C. David Briley for the appellee, ACC, LLC.

The Tennessee Supreme Court has reversed a Court of Appeals decision concerning the cleanup of a landfill that has been discharging pollutants into a Maury County lake.

From 1981 to 1993, ACC, LLC operated a landfill in Maury County, Tennessee, where it disposed of aluminum recycling wastes from a local aluminum smelting plant.  Within a few years of becoming operational, the landfill began to discharge chlorides and ammonia into water that drained into a local lake. This discharge was in violation of the Water Quality Control Act and the Tennessee Solid Waste Disposal Act.

Over several years, ACC worked with the Tennessee Department of Environment and Conservation (TDEC) in an attempt to remedy the problem.  After a number of efforts proved unsuccessful, ACC and TDEC agreed that the best solution would be to remove the waste causing the pollution from the landfill site.  In 2011, ACC and TDEC entered into an administrative consent order requiring ACC to divert water from entering the landfill and, over a four-year period, remove the landfill waste. The order was filed in the Davidson County Chancery Court for approval.

StarLink Logistics Inc., a neighboring landowner, intervened in the Chancery Court proceeding and objected to the terms of the order.  StarLink was concerned that the discharge of pollutants from the landfill site onto its property would continue during the removal of the waste. Because the parties could not reach an agreement, the Chancery Court remanded the matter to the Tennessee Solid Waste Disposal Control Board for a contested hearing.

On remand, ACC and TDEC negotiated a new order, which was presented to the Board for approval. After hearing testimony from a number of witnesses, the Board voted to approve the proposed order, agreeing that the best and most economically feasible option would be to remove the waste from the landfill site. The Court of Appeals reversed the Board’s decision, finding it to be arbitrary and capricious because it failed to fully consider the other options discussed at the hearing, such as having StarLink pay for pipes to divert the contaminated water.

In a unanimous opinion authored by Chief Justice Sharon G. Lee, the Supreme Court held that the Court of Appeals misapplied the appropriate standard for reviewing decisions of administrative agencies like the Tennessee Solid Waste Disposal Control Board. Under the Uniform Administrative Procedures Act, the decisions of the Board are to be afforded deference whenever it is acting within its area of specialized knowledge, experience, and expertise. As a result, Board decisions may only be overturned if the decision is shown to be in violation of constitutional or statutory provisions, in excess of the statutory authority of the agency, made upon unlawful procedure, arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion, or unsupported by substantial and material evidence.

In reversing the Court of Appeals, the Supreme Court held that the Board’s decision did not fit within any of these criteria and thus should have been affirmed. The Court disagreed that the Board’s decision was arbitrary, capricious, and a clear error in judgment, explaining that the Board gave fair consideration to the diversion option and rejected it as a viable solution.  According to the Supreme Court, the search for another solution by the Court of Appeals was improper. The case will now return to the intermediate appellate court to decide other issues previously left unsettled.

Read the opinion in StarLink Logistics Inc. v. ACC, LLC, et al. authored by Chief Justice Lee.

Copied from:  TennesseeCourts.gov.

Well this is exciting - BoneLaw client Whole Foods is coming to Downtown Nashville!

We all love Whole Foods!  Where else can you get bulk spices, unique organics or Italian Mountain Gorgonzola aged 92.3 days?   Each store is known for having standard groceries but also a high percentage of unique-to-your-area items, produce, etc. I love to take to tour of what I call, the 'Food Museum'; the place where foods are not shelved for purchase, but displayed for view.

You can imagine the excitement to know that we will be getting our very own Whole Foods in downtown Nashville!

According to The Nashville Business Journal, this full-service grocery store will soon call 1214 Broadway home.

1214 Broadway will be the home of the latest Endeavor Real Estate Group project, a proposed 27-story tower at the corner of 12th Avenue North and Broadway.

To read the full article in The Nashville Business Journal, click here.

Four BoneLaw Attorneys top the Nashville Business Journal's Best of the Bar List

We are honored to share that four of our attorneys have been selected to Nashville's Best of the Bar list, published by the Nashville Business Journal.    The process for determining the list this year has changed.  First, lawyers were grouped into categories by areas of practice not firm size and secondly the voting weight was distributed more heavily among voters outside the nominee's own firm.

Our own Best of the Bar lawyers are:

Corporate & Securities

Healthcare

Intellectual Property

The attorneys who made the Best of the Bar list will be recognized at a cocktail reception on June 2.  Congratulations to all the attorneys!

To see the entire list published in the Nashville Business Journal, click here.

Anne Arney SumpterAnne Arney Sumpter

Charles Robert Bone - Bonelaw President and CEOCharles Robert Bone

Andrea Perry - Bone LawAndrea PerryStephen Zralek; Bone McAllester NortonStephen Zralek

Charles Robert Bone selected to guide TSU's transition to new Board of Trustees

Charles Robert BoneCharles Robert BonePresident and CEO of Bone McAllester Norton, Charles Robert Bone has been selected to assist Tennessee State University as they undergo a transition to a new Board of Trustees.

The university announced the formation of the 16-member committee earlier this month.  The committee will guide the TSU administrators, faculty and staff as they prepare to implement the Focus on College and University Success Act.  The FOCUS Act allows each public Tennessee university to establish its own independent board.

"We know that what's needed in this type of transition is high-powered individuals with governance experience,"  TSU President, Glenda Glover says.  "The team will provide though leadership to assist us in determining how we prepare for the new board."

To read the entire article in The Tennessean, click here.

Members of the TSU Transition Advisory Committee

    • Traci Otey Blount, executive vice president of corporate marketing and corporate affairs at Robert L. Johnson Entertainment
    • Lauren J. Brisky, retired, vice chancellor for administration and chief financial officer at Vanderbilt University
    • Beverly Carmichael, senior vice president and chief people officer at Cracker Barrel Old Country Store
    • Colleen Conway-Welch, former dean of Vanderbilt School of Nursing
    • George L Davis Jr., chief technology officer at Ultimate Progress Incorporated
    • Kelley Castlin-Gacutan, superintendent of Birmingham Public Schools
    • Fred Humphries, former president of Florida A&M University and Tennessee State University
    • Jamie Isabel, owner of Dalmatian Creative Agency
    • Richard Lewis, owner at Lewis & Wright Funeral Home
    • Dr. Edith Peterson Mitchell, president of the National Medical Association
    • Wendell Moore, senior public policy adviser at Baker Donelson and former deputy governor
    • Shirley Raines, former president of the University of Memphis
    • Maria Thompson, president of Coppin State University in Baltimore
    • Bishop Joseph W. Walker III, senior pastor of Mt. Zion Baptist Church
    • Brenda Wynn, Davidson County clerk


Trace Blankenship and Sarah Lodge Tally Assist with Citizens Tri-County Bank Acquisition

Bone McAllester Norton attorneys Trace Blankenship and Sarah Lodge Tally are advising Citizens Tri-County Bank in the transaction to purchase another bank in the area.

Citizens Tri-County BankSequatchie Valley Bancshares Inc., the parent company of Citizens Tri-County Bank based in Dunlap, Tenn., is buying Franklin County United Bancshares, the parent company of Franklin County United Bank with offices in Decherd and Cowan, Tenn.

The purchase is the ninth for Citizens Tri-County since the bank began in 1972 as the Citizens Bank of Dunlap and Pikeville. The purchase will boost Citizens Tri-County Bank, which took on its name in 1992 after previous bank acquisitions, to $805 million in assets served by two dozen offices across nine counties.

 
"We are very excited about the expansion of our bank into Franklin County as part of our strategic plan," said John V. Barker, president of Citizens Tri-County Bank. "This transaction provides the opportunity to expand our team with the addition of experienced and talented associates while serving the needs of new and current customers across several contiguous counties. We look forward to continuing to build great relationships in all of the communities we serve."

Trace Blankenship, member and general counsel of Bone McAllester Norton, is serving as lead counsel on this transaction. His practice is focused on mergers and acquisitions, securities/venture funding/private placements and company governance and board strategy.  Sarah Lodge Tally is an attorney at Bone McAllester Norton and is assisting in the transaction.  Sarah's practice is focused on corporate matters advising in strategy and execution of complex transactions.

To read our client's press release, click here.

To read an article about the transaction in the Chattanooga Times-Free Press, click here.

Loren Mulraine elected to Director of GMA Foundation Board

Lorne MulraineLorne MulraineBone McAllester Norton attorney Loren Mulraine has just been elected to the Gospel Music Association Foundation Board.

Lorne's talents know no bounds - from his early career as an on-air personality to independent gospel artist, songwriter, professor at Belmont and previously Tennessee State University to a successful entertainment law practice.  "I love being able to merge my understanding of the creative elements of the entertainment and media industries with my legal and business skills. . . " says Lorne of his legal career.

He has been elected to a two- year term as a Director of the Gospel Music Association Foundation Board.

About GMA Inc.

The mission of the GMA Foundation is to recognize and preserve the history and legacy of all forms of gospel music and to provide educational resources that encourage participation and appreciation by the general public.  The GMA Foundation oversees the righs to the GMA Dove Awards, IMMERSE and the GMA Gospel Music Hall of Fame.

Anne C. Martin Discusses Employment Issues within the Competitive Banking Landscape

Bone Mcallister Norton PR headshotsAnne C. Martin“If you are going to leave a company, you can prepare to compete, you can look at opportunities, you can do whatever you need to do and people do that all the time,” Martin said. “What you can’t do is start working for Job B while you are still on the payroll for Job A"  states employment law expert, Anne C. Martin, of Bone McAllester Norton.

This is of course in response to the bitter legal battle brewing between Tennessee's two largest banks, Pinnacle Financial Partners and First Tennessee Bank.

To read the full article in The Tennessean, click here.

 

Ed Yarbrough, BoneLaw Attorney offers Expert Opinion of Rutherford County Domestic Incident

Ed YarbroughEd YarbroughBone McAllester Norton litigator and former US Attorney, Ed Yarbrough, was asked his expert opinion of the recent domestic incident at the home of a Rutherford County Sheriff's Department Deputy.  The incident was handled with cell phones and without using standard protocol procedures.

Mr. Yarbrough suggested that Chief Deputy Garrett should not have contacted his own officers to investigate.  "The problem is, any time a senior officer puts one of his subordinates in the position of doing what the boss says, or doing what the law requires, that's a conflict of interest,"  Yarbrough said.

To see the full Channel 4 I-Team Investigative report, click here.

To read the full transcript of the video, click here.

 

Will there be Wine in Time?

William T. Cheek IIIWilliam T. Cheek IIIElite liquor law expert and BoneLaw Attorney Will Cheek discusses the special bill the TN Legislature has passed to get wine in grocery stores by July 1, but at what cost to the consumer?

To watch the video on WSMV's Channel 4 News website, click here.

To keep up with the latest liquor law legislation and WIGS (wine in grocery stores), follow Will's blog, Last Call.

 

Client Launches Broadcasting Arm of the Acme Brand

Client,  Acme Feed and Seed, introduced Acme Radio in February.  This streaming-only station offers Acme's own live, unique music along with an alternative to traditional Nashville radio programming.  Owner Tom Morales lovingly refers to this as "Nashville's underbelly".    The idea is not world domination by streaming radio, but to give anyone who listens the opportunity to see what Nashville really is all about.

The station offers live radio shows, whether scheduled or impromptu as well as Vinyl Lunch, Pairs Well with Food,  B Hop Barribeau and more.

To read the entire Tennessean article, click here.

BoneLaw Client 4-Top Hospitality bringing its contemporary steakhouse CHAR to Green Hills

The Nashville dining scene continues to thrive!

We are so pleased to announce that one of our Alcoholic Beverage Law clients, 4-Top Hospitality is bringing another amazing, upscale restaurant and piano bar to Green Hills.  The Etch owners are excited about brining CHAR to the Southern Land Company project at 4000 Hillsboro Pike.

For the Nashville Business Journal article, click here.

To read the article in Nashville Eater, click here.

Bone McAllester Norton 2015 Highlights

Bone McAllester Norton 2015 Highlights
Clients and Friends,
Charles W. Bone - Bone Mcallester NortonWe've recently learned from the Nashville Business Journal that our firm ranks as the sixth largest law firm in Nashville (behind the five large, multi-state firms here). While not a surprise, this news provided an opportunity to reflect back to 2002 when a small group of us joined with a genuine sense of excitement.
 
"The creation of Bone McAllester Norton in 2002 is what I consider the most significant development of my career.  Every lawyer is treated as a partner, we embraced state-of-the-art technology, hired the best team, and aggressively pursued diversity."
Mike Norton wrote those words shortly before he passed away in 2015, the year we said farewell to our distinguished name partner and best friend.  Mike was a renaissance man in every sense of the word, a person with remarkable legal intellect but even more so, an incredible person who shared his love of art, music, film, baseball, postcards, postage stamps, food, and scripture with an untold variety of clients, friends, artists, and students of art and the law.
 
While we've grieved the loss of Mike in 2015 we have been lifted up by the unprecedented demand for the expertise of our firm's lawyers.  Our success in 2015 speaks to Mike Norton's legacy and his pride in the firm we founded. We invite you to share in our reflections on 2015.
 
BoneLaw Participates in Nashville Real Estate Boom
 
Charles Robert Bone was selected as lead counsel by Southwest Value Partners to assist in
its $125 million acquisition of the LifeWay Christian Resources campus in downtown Nashville.  According to the Nashville Business Journal, "the transaction was the second-largest sum of money ever paid for a Nashville property or building."

Distilleries Everywhere and Lots to Drink! - Tennessee moving forward as “Spirits Capital of the U.S.” 
 
Distillery Winery Brewery - Bone McAllester NortonTennessee has always been known for Jack Daniels and George Dickel, but over the past 5 years the distillery movement has positioned Tennessee to become the “Spirits Capital of the United States”.
 

In the Courtroom
 
Ed Yarbrough and Alex Little were honored to represent the victim in the Vanderbilt rape case before the Tennessee Supreme Court in a case of first impression to protect her privacy under the Tennessee Victim’s Rights amendment of the Tennessee Constitution.
 

Wellness Works at Bone McAllester Norton!

When Miller Chandler launched a new company, Foundation Wellness, Charles W. Bone and Sam J. McAllester III jumped at the opportunity to get involved.

"The idea that we could offer a customized fitness and overall wellness program to our employees was appealing", says Charles W. Bone, "we spend so much time at work and don't always have time for the gym  but often we can schedule an hour during the day for yoga or weight training."

Mr. Bone has been a fitness proponent for years, always making time for exercise as part of a balanced lifestyle.  In fact, he was the first one in the room on the day we had our first yoga class.  He is an avid runner and has completed over 40 half-marathons in 15 states, and counting.

Health is of course the top priority but we are finding that this is a great boost for employee morale as well.  We are thrilled to have this partnership with Miller and his staff at Foundation Wellness.

To read the article in the Nashville Business Journal, click here.

Landlord-Tenant Law: Lease Agreements, Defaults and Collections

David Briley; Bone McAllisterSean Kirk - Bone LawSean Kirk will be speaking at a seminar Landlord-Tenant Law: Lease Agreements, Defaults and Collections on Wednesday, March 30, 2016.

Sean's presentation "Happening Now in Tennessee Landlord-Tenant Law" will discuss recent changes in Davidson County associated with its construction noise mitigation plan and short-term rental regulations, as well as recent case law and issues affecting landlord-tenant relations.

Wednesday, March 30, 2016

8:30 am - 4:30 pm
One Century City Place Conference Center
26 Century Boulevard
Nashville, TN 37214

Anyone interested in attending may register here.

A program summary brochure is available here:Landlord-Tenant Law Program Brochure.

Certificates of Need - Good, Bad or Indifferent?

Currently, in Tennessee, if you want to build, develop, or expand a health facility or initiate certain health services, you must first apply for and obtain a Certificate of Need.

Tennessee is one of approximately 36 states that continues to regulate the growth of certain health care institutions through the  Certificate of Need process. According to the Tennessee Health Services and Development (HSDA) website, the Certificate of Need (“CON") requirements started in the 1970's, when the federal government urged states to control the rising health care costs by managing the growth of health care services and facilities through health planning.  In 1973, the Tennessee General Assembly created the Health Facilities Commission to administer the Certificate of Need program.  In 1974, the federal government enacted the National Health Planning and Resources Development Act, which among other things, provided federal funds to assist with state health planning. The Act was repealed in 1987, resulting in the loss of federal funds and a reduction of the state's planning staff. However, Tennessee and a number of other states continued the Certificate of Need requirement.

A Certificate of Need is granted by the Tennessee Health Services and Development Agency, which is an eleven member board a nd an agency of state government independent from the Department of Health. The members of the HSDA are appointed by various officials in state government, including six who are appointed by the Governor. At least five of the members represent the interest of specific health care industries, such as the nursing home, home health or hospital industry.

Applying for a Certificate of Need is a daunting process that requires public notice, the filing of a detailed and very specific application and a public hearing in which potential competitors may present their grounds for opposing the need for a new facility or service.  At best the process takes from 90 to 120 days not including the time required to prepare the Application which is itself a time consuming process.   In the application and the hearing before the HSDA, an applicant must show that the proposed project is needed, financially feasible and will contribute to the orderly growth of health care in Tennessee. The filing fee for an Application is between $3,000 and $45,000 dollars depending on the size of the project.

Arguably, the HSDA’s review and granting of a CON is governed or at least guided by the principals of health planning. Tennessee has implemented health planning and the 2014 health plan is available. The state health plan adopts specific criteria, statistical and otherwise for determining need for a new health care service or facility.

The Certificate of Need program may indeed be a useful tool  for insuring that the growth of health care facilities and services does not outpace the need.  However, it is possible that this risk of over growth in the health care industry could be controlled by normal business competition, at least  with respect to some types of services and facilities. These issues and the structure and necessity of the Certificate of Need laws is reconsidered and debated regularly by the Tennessee legislature.  For the present, the Certificate of Need requirements in Tennessee continue to be a costly barrier to entry for new health care businesses which may contribute to the orderly growth of the health care in Tennessee.