In The News

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.

Statement Of Counsel for Jane Doe

NASHVILLE, TN – In response to today’s decision by the Tennessee Supreme Court in The Tennessean, et al. v. Metropolitan Government of Nashville and Davidson County, et al., counsel for Jane Doe, Ed Yarbrough and Alex Little, have released the following statement:

“We are pleased by today’s decision. It provides a commonsense solution to most of the problems posed by The Tennessean’s ill-conceived effort to publish evidence in a pending criminal case. We argued that courts should protect the confidentiality of crime victims, and this decision helps accomplish that goal. But the nature and scope of victims’ rights in Tennessee remain unclear, and our client was disappointed that the Court avoided these critical questions. Crime victims in Tennessee should be able to pursue justice without subjecting themselves to abuse, intimidation, and harassment. To the extent this decision helps victims do so, it is an important step forward.”

 

About Bone McAllester Norton PLLC

Bone McAllester Norton PLLC is a full-service law firm with 40 attorneys and offices in Nashville, Sumner and Williamson counties, Tennessee. Our attorneys focus on 18 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, call 615-238-6300 or visit www.bonelaw.com.

Glen A. Civitts moves to Bone McAllester Norton from h3gm

Glen A. CivittsGlen A. CivittsNASHVILLE, TN –Bone McAllester Norton is pleased to announce the addition of Glen A Civitts. Glen is a corporate attorney specializing in real estate and commercial finance with an emphasis on healthcare properties and facilities and the unique regulatory requirements specific to the healthcare industry.

Before joining the attorneys at Bone McAllester Norton, Glen Civitts had been with the esteemed firm of Harwell Howard Hyne Gabbert & Manner (H3GM) for over 30 years. Glen was the head of the Real Estate Practice Group of H3GM.

“We have worked with Glen for years and really saw this as a great opportunity,” said Founding Partner and Vice Chairman, Sam J. McAllester III. “His experience with commercial real estate and sophisticated asset acquisitions are a natural fit with our real estate, healthcare and business law practice groups.”

Glen has been recognized by both Best Lawyers in America and The Nashville Business Journal for his work in commercial real estate, and he has been a guest lecturer and panelist on the topic.

 

About Bone McAllester Norton PLLC

Bone McAllester Norton PLLC is a full-service law firm with 40 attorneys and offices in Nashville, Sumner and Williamson counties, Tennessee. Our attorneys focus on 18 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, call 615-238-6300 or visit www.bonelaw.com.

OneCity is in it's Element!

One City DevelopmentA Bone McAllester Norton client, OneCity, landed a jolt of momentum this week.  This is the largest mixed-use development driving the revitalization of the Charlotte Avenue corridor and things just got better for this project.  The Starwood Hotel, Element is coming to the OneCity development.

Element Nashville West End is the hotel's name and it is slated to open in 2018.  The hotel will include retail, a restaurant and 169 rooms.

This Starwood Hotel flag, is their signature brand of hotels designed to be environmentally friendly.   Element hotels are built eco-friendly from the ground up, from the floors made of recycled materials to energy-efficient lighting and plumbing fixtures.

For the entire Nashville Business Journal article, click here.

New Fellows Inducted into the Nashville Bar Foundation

Nashville, TN – The Nashville Bar Foundation (NBF) honored the 2016 Class of Fellows on Saturday, March 12, 2016 at Hillwood

Country Club.

 

Among the honorees were the following Nashville attorneys:

Michael G. Abelow, Sherrard & Roe, PLC

Mary Beth Ausbrooks, Rothschild & Ausbrooks, PLLC

Laura B. Baker, Law Offices of John Day, PC

Charles Robert Bone, Bone McAllester Norton, PLLC

Samuel T. Bowman, Baker, Donelson, Bearman, Caldwell & Berkowitz

Paul Kent Bramlett, Bramlett Law Offices

C. David Briley, Bone McAllester Norton, PLLC

Matthew R. Burnstein, Waller

Jean Byassee, Dobbins, Venick, Kuhn & Byassee, PLLC

David Cañas, Thompson Burton, PLLC

James R. Cartiglia, Patterson Intellectual Property Law, PC

Catherine A. Caster, Centerstone

Robert F. Chapski, Lewis Thomason

Jennifer Gingery Cook, Webb Sanders, PLLC

Phillip F. Cramer, Sherrard & Roe, PLC

Alexander Davie, Riggs Davie, PLC

Ralph DeMarco, Rutherford & DeMarco

David N. Garst, Lewis Thomason

Lynda Motes Hill, Frost Brown Todd, LLC

Timothy T. Ishii, Law Offices of Timothy T. Ishii

Brendi Kaplan, Nelson Mullins Riley & Scarborough

Suzanne Kessler, Bone McAllester Norton, PLLC

Ryan D. Levy, Patterson Intellectual Property Law, PC

James Mackler, Frost Brown Todd, LLC

Richard Manson, SourceMark, LLC

Rocky R. McElhaney, II, Rocky McElhaney Law Firm, PC

Austin L. McMullen, Bradley Arant Boult Cummings, LLP

Margaret Moore, Wiseman Ashworth Law Group, PLC

Valerie Diden Moore, Butler Snow, LLP

Junaid Adetayo Odubeko, Bradley Arant Boult Cummings, LLP

Lea Carol Owen, Baker, Donelson, Bearman, Caldwell & Berkowitz

Jason M. Pannu, Lewis Thomason

Michelle Poss, Sobel, Poss & Moore, PLLC

Matt Potempa, Martin Heller Potempa & Sheppard, PLLC

Stephen H. Price, Burr & Forman, LLP

Scott A. Rhodes, White & Rhodes, PC

Marissa Moses Russ, MTR Family Law, PLLC

Peter C. Sales, Bradley Arant Boult Cummings, LLP

Carolyn W. Schott, Sherrard & Roe, PLC

Blaine H. Smith, Bass, Berry & Sims, PLC

Eric W. Smith, Nissan North America, Inc.

Richard E. Spicer, Spicer Rudstrom, PLLC

Nancy Wood Stabell, Wood Stabell Law Group

Camille Webb Steward, Nashville Electric Service

Richard F. Warren, Jr., Bradley Arant Boult Cummings, LLP

Benjamin Whitehouse, Tennessee Department of Commerce and Insurance

Benjamin E. Winters, Law Office of Benjamin E. Winters

Jessalyn H. Zeigler, Bass, Barry & Sims, PLC

 

The NBF also presented the David Rutherford Award to Ashley T. Wiltshire, Jr., former Director of the Legal Aid Society.  This award is given to a Fellow who exemplifies the memory and ideals of David Rutherford, which include professionalism, charitable contributions in the legal field and in the community as a whole, and the spirit of collegiality among bench and bar.

 

About the Nashville Bar Association

The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with almost 3,000 members—is the largest metropolitan bar association in Tennessee.

Charles Robert Bone appointed President and CEO of Bone McAllester Norton

Charles Robert BoneCharles Robert BoneNASHVILLE – Charles Robert Bone has been named President and CEO of Bone McAllester Norton PLLC, Nashville’s sixth largest law firm. The board of directors of the firm elected Mr. Bone to his new role, which was previously held by the late founding member, Mike Norton. Charles W. Bone continues as Chairman of the firm, and Sam J. McAllester III will continue serving as Vice Chairman.

“Charles Robert is a perfect fit to lead the firm,” said Stacey Garrett Koju, founding Member and Chairperson, Board of Directors, Bone McAllester Norton.  “He is an active community leader and business person, well-known throughout Tennessee, and he is an effective collaborator.  We look forward to his leadership at the firm.”

Earlier this year, Mayor Megan Barry appointed Charles Robert Bone to the board of directors of MDHA, the Metropolitan Development Housing Agency.

Mr. Bone was the featured “Attorney of the Month” for the inaugural issue of Attorney at Law Magazine’s Middle Tennessee edition in 2015.  In recent years, he has been recognized by the Best Lawyers in America, Best Lawyers in America©; Best of the Bar, Nashville Business Journal; In Charge, Nashville Post; Top 40 Under 40, The Tennessean; Top 10 Influences for Tennessee, Campaigns and Elections; and Mid-South Super Lawyers among many others.

He concentrates his law practice in the areas of mergers and acquisitions, corporate governance and advising emerging businesses, entrepreneurs, officers and directors and governmental entities, including serving as general counsel for the Convention Center Authority of the Metropolitan Government of Nashville and Davidson County. He also has represented clients in various complex litigation matters in both state and federal courts across Tennessee.

Mr. Bone has been instrumental in developing several Tennessee-based companies as an entrepreneur, investor and board member, including as a founder of Phoenix Boats (Winchester, Tennessee), the Southern Steak & Oyster restaurant and Acme Feed & Seed.

He serves a number of non-profit and civic organizations, including Hands on Nashville, Oasis Center, Best Buddies, and Discover Madison.

He earned his Bachelor’s degree from Rhodes College and his Juris Doctorate degree from Vanderbilt University Law School. A Middle Tennessee native and seventh-generation Tennessean, Mr. Bone is married with four children.

For more information, visit www.bonelaw.com.

About Bone McAllester Norton PLLC

Bone McAllester Norton PLLC is a full-service law firm with 40 attorneys and offices in Nashville, Sumner County, and Williamson County of Tennessee. Our attorneys focus on 18 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters.   Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, call 615-238-6300 or visit www.bonelaw.com.

BoneLaw Attorneys Offer Insight on the Erin Andrews Settlement

David Anthony
How much of that $55M will Erin Andrews actually get and was it really even about the money?  Bone McAllester Norton attorneys David Anthony and Susan Neal Dickerson offer valuable insight into the collection process and understanding the value of a settlement.  For the entire article in the Tennessean, click here.

Middle Tennessee is Thirsty for Whiskey

This weekend's Tennessean was full of interesting details about the whiskey industry in Middle Tennessee, including the distilleries that make it and the bars that serve it.

It is only prudent that we discuss the spelling of whiskey before continuing.  The debate is real, folks.  This is a topic that has warranted discussion on blogs and articles all the way to the New York Times.

It would seem a generic rule of thumb is this:  countries with an "E" in their names, spell it WHISKEY (United States, Ireland) and countries without an "E" in their names spell it WHISKY (Japan, Canada, Scotland).

Several of our clients were mentioned in the articles, from Whiskey Nirvana to Give These Bars a Shot.

 

 

Nashville Post's InCharge List is out

We are honored to have several of our attorneys and clients on the Nashville Post's annual InCharge List for 2016.

The InCharge List recognizes individuals in the business community who have made contributions to their business sector, that in turn, keep Nashville thriving and growing.  The list makers, who have been hand-selected by the Nashville Post editorial staff, are over 400 of Nashville's business elite in over 20 categories of business.  It is the premier who's who list and a great reference tool!

As the Nashville Post puts it "The 448 women and men on our list, the Post's Seventh, represent the best of the best - and are always 'in charge'."

The Bone McAllester Norton attorneys featured on this list were honored last night at the InCharge Event held at the Nashville Public Library.

 

 

 

 

 

Charles Bone - Bone LawCharles Bone

 

Susan Neal Dickerson comments on the Erin Andrews case

Our own Susan Neal Dickerson, when asked for comment about the latest events surrounding the trial, including the accusation that Neal Peskind, a representative of the local Marriott ownership group, viewed the peephole video of Ms. Andrews at dinner Tuesday night:

"It really speaks volumes about the effect this had on her, that it happens so frequently, and it would happen in the context of this lawsuit," Dickerson said.

For the article in the Tennessean, click here.

For the article in People, click here.

For the article in Salon, click here.

Total Wine & More is Making its Move to Tennessee

Total Wine And MoreTotal Wine And MoreTotal Wine & More, one of the largest wine retailers in the country and a BoneLaw client, is expanding into the Tennessee market this year.  As it stands, there are two stores slated to open in Middle Tennessee in 2016, one in Cool Springs and one in West Nashville.

This wine giant has plans to open eight to ten more stores across the state.

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

Kung Fu Saloon in Nashville?

Photo Courtesy of www.kungfusaloon.comPhoto Courtesy of www.kungfusaloon.comWell this is exciting!  If it wasn't already obvious how the fabric of Nashville is changing and growing daily, this should clue you in.  Our client, Kung Fu Saloon, a bar and arcade, is opening on Division Street in Midtown this summer.

Midtown is the happening spot for many great watering holes and Kung Fu Saloon is no exception!  It joins the ranks of several greats - Broadway Brew House, The Patterson, Rebar. . .

Kung Fu Saloon describes itself as "part vintage arcade, part sports bar, and part late night dance party.  Kung Fu welcomes everyone on an equal basis without regard to race, color, or national origin."

We'll see you there!

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

Bone McAllester Norton's client, Janis Ian discusses the importance of her 10th Grammy nomination

Janis IanJanis IanWhat a remarkable milestone in Janis Ian's career! 

2016 marks 50 years since her first recorded album, Janis Ian, and it also marks 40 years since the 1976 Grammys, when "At Seventeen" and Between the Lines were up for five Grammys and won two ("Best Female Vocalist" and "Best Engineered Album.")  Janis Ian has been nominated for ten Grammys in eight different categories over a 50 year period.

Ms. Ian tells Jessica Bliss, a reporter for The Tennessean, that its the tenth nomination that is the most personal.

To read the story in The Tennessean and watch the video, click  here.

House of Alba presentation at The Frist Center

Don Carlos Fitz-James Stuart, the 19th Duke of Alba, was the guest of honor for the more than 140 works of art belonging to one of the most prominent noble families in the political and cultural history of Spain.  It is truly one of the most delightful collections in Europe - Nashville is honored to be the first city to host this collection outside of Spain.

For more information about the latest Frist Center exhibit, click here.

For the article in The Tennessean, click here.



 

$8.6 Million Renovation of the Wildhorse Saloon

Wildhorse logoThe Wildhorse is getting a facelift inside and out.  It was announced Wednesday that this famous downtown venue on Second Avenue would undergo remodeling on its restaurant, music venue and live events space.

The renovation will include new bathrooms, stage lighting and upgraded audio/video capabilities among other upgrades.  The work is expected to be complete Summer 2016.

“The Wildhorse Saloon has been a beloved, family-friendly part of downtown Nashville's entertainment district for more than 20 years, and we believe this renovation will solidify its position as a premier attraction for locals, tourists and conventiongoers alike,” said Colin Reed, Ryman Hospitality CEO, in a media release.

This article is from The Tennessean.  For the entire article, click here.

Reach Nate Rau at 615-259-8094 and on Twitter @tnnaterau.

Pizza Connoisseurs, Donatos has come to Nashville

Photo: Courtesy of Donatos PizzaPhoto: Courtesy of Donatos PizzaThe edge-to-edge pizza is here!  One of our clients, Ohio-based Donatos Pizza opened Monday in Nashville's Midtown.

We've sampled and found it to be delicious!  From the abundance of pepperoni to the no-crust edges, its definitely a winner and a new favorite at our office parties.  Welcome Donatos Pizza!

For the full article in The Tennessean, click here.

 

Bearded Iris, Alcoholic Beverage Team Client, opens in Germantown

Bearded IrisBearded IrisHello Lady Friend! You lovely fruity, spicy pale ale.   The Alcoholic Beverage Team of Bone McAllester Norton welcomes you and your friends to Germantown.

Bearded Iris offers a clever array of local, southern craft beer with unique brews new to the market.  The new brewery opens Saturday February 6, 2016 at its new 10,000 square foot establishment in Germantown, 101 Van Buren Street, 2 pm.

For more information about the Bearded Iris and its Murfreesboro native owners, Paul Vaughn and Kavon Togrye, click here.

For the full article in The Tennessean, click here.

 

The Alcoholic Beverage Team at Bone McAllester Norton offers a multi-disciplinary approach to not just licensing issues but the overall business success.  This Team provides federal, state and local licensing and regulatory compliance advice to clients in all tiers of the three-tier system.

We advise restaurants, hotels, bars, clubs, resorts and venues with liquor, beer, dance, catering and special event licensing statewide in Tennessee. We also represent manufacturers, importers, wholesalers and retailers of liquor, wine and beer with a special focus on manufacturing, importing and retail. We work with federal and state rules and regulations regarding advertising, marketing and commerce.

We regularly work with the Tennessee Alcoholic Beverage Commission and have worked directly with many of Tennessee’s 300+ local beer boards. We defend citations and assist with enforcement matters, administrative hearings and in-state court actions challenging existing ordinances and statutes and regulations. Working with registered lobbyists, we draft state and local liquor legislation.

Our attorneys in real estate, construction, labor and employment, as well as in general corporate and tax matters, routinely provide practical, cost-efficient advice to our licensing clients. Taxation is a critical issue for licensees and permittees, and clients routinely request our assistance with compliance. The attorneys in the Alcoholic Beverage group have areas of focus that are complementary to their liquor law practice. We strive to be a one-stop shop.