In The News

Tucker Herndon Gets Locked Up for the MDA

Bonelaw attorney Tucker Herndon was “arrested” today for the MDA Lock-Up of Music City, a fundraiser to help the organization find treatments and cures for muscle disease.

This annual event puts some of Nashville’s most prominent and community leaders behind bars, and “bail money” raised to help get them out goes back to the MDA.

Tucker’s warrant of arrest came this morning, and a sheriff arrived at the office to handcuff him and cart him off to jail.

Read more about this fundraiser—and how you can help get Tucker out—here.

 

 

Tucker Herndon Gets Locked Up for the MDATucker Herndon Gets Locked Up for the MDA 


 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Old Forge Distillery Celebrates History with a Focus on the Future

In the spring of 2013, a huge change to liquor laws in Tennessee happened, allowing once prohibited distilleries across the state to finally open. Long before then, though, distillers and those interested in the craft had dreams of producing spirits, mainly moonshine. The masterminds behind Old Forge Distillery, located in the heart of Pigeon Forge, Tenn., were some of those lobbying for the new legislation.

Prior to 2013, only a handful of distilleries existed in Tennessee, and many of those were located in a few isolated clusters. When the legislation passed, though, provisions governing where distilleries may be located were loosened, opening the floodgates to moonshine enthusiasts. Distilleries could now open in areas with premier tourist attractions, where liquor could be sold in both restaurants and liquor stores, and where distilling had historically taken place (though distilling sites have to be listed with the National Register of Historic Places and have to possess a record of distilling). Pigeon Forge, a popular vacation destination in East Tennessee, was one city that became eligible for a distillery under the 2013 law. When the Old Forge guys approached Bone McAllester Norton PLLC attorney Robert D. Pinson, who focuses his Alcoholic Beverage Law practice on laws for distilleries, this law was still being lobbied. They knew they would have to wait to open, which they chose to do. What they did not do, though, was sit on their laurels.

“We knew there was a wave in this industry that was heating up, and we wanted to jump on it,” said Kris Tatum, general manager of Old Forge Distillery.

Without any formal knowledge or experience in the spirits business, they did know one thing: They wanted their moonshine to be different. Old Forge’s 1830 Original is entirely handmade because they want you to taste the various grain flavors – corn, wheat and/or rye.  Many of their flavors are Grain Neutral Spirits (GNS), liquor distilled up to 95 percent alcohol by volume to ensure maximum flavorlessness of grain. Old Forge wants you to taste the specific flavor on the label and not the grain used to make it.

“Since we really did not know much, we turned to other distilleries in Tennessee, who helped us tremendously before we opened. We have become a brotherhood. There is just great camaraderie among us,” Tatum said. They also visited with those in the industry in cities like Chicago and San Juan, Puerto Rico.

The Distilled Spirits Epicenter in Louisville, Ky., became their second home. There, attendees can collaborate with experts on everything from creating to prototyping and distilling spirits of all kinds. It was there they learned the science behind what they wanted to make.

After the legislation passed in 2013, they went straight to work, constructing Old Forge in a historic barn that housed a farm supply store more than 100 years ago. Old Forge is named after the iron forge that brought about the Pigeon Forge community. Every aspect of their spirits is done by hand, including grains grown right on their land.

“We are very open about our process, and we have a personable aspect about our distillery,” Tatum said. “When visitors come here, they get a little show. They see the entire process from start to finish—mash being put into a still, the product running through bottling spouts and the labels being put on the bottles. We have fun doing what we do, and I think that shows when folks come to see us.”

That personable aspect is one of the differentiating factors between Old Forge and other distilleries. Not only does Head Distiller Keener Shanton, a hometown guy turned-distiller-from-firefighter, craft the spirits while answering questions and explaining what he does while he’s working, he also teams with local bartenders to find out the kinds of products they want. . .and then he heads back to the distillery to make those very things. Everyone at Old Forge is also committed to educating their consumers. They want people to know what they are drinking and why it tastes the way it does.

Old Forge Distillery opened June 27, 2014. Since then, more than a million visitors have walked through their doors. They currently offer nine varieties of moonshine, including 1830 Original, made from pure mountain spring water and grains ground at the Old Mill next door to the distillery, as well as six flavored moonshines inspired by the recipes from The Old Mill Kitchens. Tennessee Roots is a line of innovative 80-proof, small-batch spirits they are working on releasing next. Old Forge’s line can be found in liquor stores in Knoxville and Chattanooga now. Tatum and his team are working to get distribution in middle and eastern Kentucky, as well as in Nashville, soon.

“I love what I do,” Tatum said. “We are experiencing history in the distilling business. From the law that passed that allowed us to open, to what’s on the horizon, we are on the cusp of something big with what we can do with Tennessee whiskey. It’s an exciting time.”

Trace Blankenship Assists in East Tennessee Bank Acquisition

Longtime Bone McAllester Norton client Citizens Tri-County Bank has announced the purchase of the Morrison, Tenn. branch of Massachusetts-based Berkshire Bank. The transaction, including the acquisition of $22 million in deposits and loans of nearly $11 million, is expected to close during the fourth quarter of 2015. Citizens Tri-County Bank will retain the current employees of Berkshire Bank.

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.

Read the full announcement here.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Bonelaw to Host Forum for Minority Bankers, July 21

Minority bankers at the officer or managerial level are invited to the Freedmen Bankers Forum at Bone McAllester Norton on Tuesday, July 21. Ron Samuels, president, chairman and CEO of Avenue Bank, will present “The State of Banking and Insights on Career Development” as part of the program. Attendance is free.

The Freedmen Bankers Forum is dedicated to providing business development and collaboration opportunities for minority officers and managers in Middle Tennessee’s banking industry, through referrals, professional education and placement. Bone McAllester Norton is proud to produce this Forum.

Time: 4:30 to 6 p.m.

Date: Tuesday, July 21

Location: Bone McAllester Norton (Nashville City Center, 511 Union Street, Suite 1600).

Click This email address is being protected from spambots. You need JavaScript enabled to view it.to RSVP.

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Dear Employer: Is Your Social Media Policy Legal?

by William J. (Paz) Haynes, III

Social media is a fact of modern life. Billions of people across the globe use a variety of platforms such a Facebook, Twitter, Instagram, and Snapchat to connect with family, friends and the world at large. Businesses have moved rapidly to capitalize on opportunities for growth in social media, but have also recognized the realities of social media in the everyday lives of their employees.

Recent studies indicate that most employers in the United States now have some form of social media policy and that employers are relaxing policies restricting social media use during business hours.

Even though attitudes are changing on social media in the workplace, employers still face burning questions in developing best practices related to social media.

1. What privacy rights do employees have in their social media use and content?

Access to social media is now linked to the traditional rights of privacy recognized in the Constitution, and state and federal laws are being created (an interpreted) to protect employees' privacy interests in the social media content.

Several states, including Tennessee, have passed laws making it illegal for employers to demand access to employees' social media passwords and "private" social media pages.

2. What interests, if any, does the employer have in monitoring or "policing" employee use?


Despite the increased privacy protections for social media, employers still have legitimate interests in monitoring social media content. Social media laws still recognize an employer's right to monitor social media activity created with employer property (phones, laptops, servers, etc.) and social media content that is tied to their "brand."

Employers also have a legitimate right to review social media content that perpetuates unlawful harassment or discrimination in the workplace.

3. How far can the employer go to regulate employees' social media conduct?


A series of recent decisions from the National Labor Relations Board (NLRB) hold that, under certain circumstances, social media content may qualify as "protected activity" under the National Labor Relations Act.

Those NLRB decisions have shed more light on the limits on employers when creating social media policies and how employers respond to social media activity by their workers.

4. What are the best social media practices in a changing digital and legal landscape?

The law of social media changes as rapidly as the nature of social media itself. In 2015, employers are best advised to create policies that properly balance their workers' rights to privacy and protected workplace activity against the employers' interests in protecting their brands, ensuring productivity, and addressing unlawful conduct in the workplace.

Are_Your_Social_Media_Policies_Legal_sqEmployers should seek out qualified legal counsel when reviewing and creating social media policies and practices.

I will be addressing these questions in greater detail in the Sterling Education Seminars' Fundamentals of Employment Law on August 11, 2015.

James Mackler Addresses Drone Laws at American Railway Development Association Annual Meeting

Bone McAllester Norton attorney James E. Mackler spoke about drone laws at the American Railway Development Association’s (ARDA) annual meeting in Denver today. The founder of the firm’s unmanned aerial systems (UAS, or commonly "drones") focus, he was part of a panel that discussed inspections and imaging using UAS.

ARDA is a not-for-profit educational trade association founded to promote economic development, real estate development, technology and environmental activities of North American railroads.

 

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Bonelaw Client Abby Rubenfeld Has Been Long-Time Fighter for Equality

Abby Rubenfeld, the Nashville civil rights attorney who lead the charge for equality in marriage before the U.S. Supreme Court, is a Bone McAllester Norton client. Our Business and Corporate Law attorneys worked alongside her to form Rubenfeld Law Office PC, Abby’s law office in Music City. She has been a longtime supporter and advocate for equality, and as such, she wrote 50 drafts of the first court filings for same-sex marriage rights and sat at the lawyers’ table in front of Supreme Court Justices during arguments in April.

The Tennessean features Abby in a feature story today. Click here to read the article.

 

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Why I’m Voting for Charles Robert Bone for Mayor

Charles Robert Bone is my friend and law partner.  Having each begun practicing at other firms, we both joined Bone McAllester Norton PLLC in 2004.  Practicing beside him for the past 11 years gives me a unique perspective into his qualities that make him a great attorney and law partner.  I believe these same qualities will make him a great mayor:

    1. Shirtsleeves. It’s a term we use inside our firm to describe someone like Charles Robert – he rolls up his shirtsleeves and gets the job done.  He doesn’t seek credit, and he helps others shine.  When he joined the firm, it was his to inherit and he could have rested on his perceived laurels, but he kept his nose to the grindstone and outworked everyone. 

    2. Leadership. Charles Robert brings people to the table when no one else can.  He leads by example and is a natural facilitator and mediator.  Inside the firm, he helps us reach compromise, and everyone leaves the conversation feeling ownership of the idea and generally happy with the outcome.  If he can do that with a bunch of headstrong lawyers with strong opinions, think what he can do as mayor!

    3. Perspective. When things get tough or we face a bump in the road, Charles Robert doesn’t get rattled and he doesn’t get discouraged.  Instead, he sees the big picture and focuses on the end game.  He has an ability to find humor in many of life’s challenges that most of us would describe as difficult.

    4. Heart. Those sound bites from the debates where Charles Robert talks about taking care of the least among us?  They’re real.  He comes from a long line of servant-leaders, and he will make sure that we prioritize helping people who need an extra hand as much as we focus on economic development.

    5. Accessible Intelligence. Charles Robert is easy to relate to and incredibly smart, a rare combination.  He is a humble guy, who deflects attention.  People laugh at all those numbers he spouts in his commercials and speeches, but it’s no joke.  He can grasp extremely complicated concepts and details, including financials, then translate them into plain English for the rest of us.  I’d call him a grounded optimist: he is forward-thinking about the future, but not Pollyannaish.

Nashville is blessed with an abundance of passionate candidates for Mayor.  The above combination of personal characteristics is one of the main reasons why my vote is for Charles Robert.

New Criminal Drone Laws Take Effect

By James E. Mackler

James Mackler Unmanned Aerial Systems Attorney

Tennessee recently passed a bill making it a crime to fly an Unmanned Aerial Vehicle, commonly known as a “drone,” over large, ticketed public gatherings of 100 or more people, into fireworks displays, or over jails. The law will take effect on July 1st. Although it might seem at first like this law is a solution looking for a problem, it turns out that the legislation was prompted by actual events.

In the past year, the FAA has investigated numerous drone sightings over professional stadiums sporting events. Also, on July 4th of last year, a man flew a drone into Nashville’s largest fireworks display, gaining national attention. There has also been a rash of incidents involving attempted air-drop deliveries of contraband by drones to jails.

It is dangerous and reckless to fly a drone over a large crowd, into a fireworks display, or over a jail to deliver contraband. Under current law, however, it has been difficult for the police to charge drone operators engaged in these activities. For example, although the FAA restricts flights over large outdoor events, there has been some question about whether these restrictions apply to drones. Flight into fireworks is not an obvious violation of any particular state law.  Delivering contraband to a jail is already a crime, but until the payload is dropped, the flight itself is in a gray area.

Under the new law, drone operators can be sentenced to up to 30 days in jail for violations. Although there is no question that this law addresses serious safety concerns, the law raises some interesting legal issues. For example, the Federal government has long held exclusive jurisdiction over the “navigable airspace” above the surface of the earth. The law defining “navigable airspace,” however, developed before the widespread use of drones. Drones can and do navigate all the way down to the ground. The FAA, consequently, insists that its jurisdiction over drones extends to the ground. This means that Tennessee, through this law, is asserting a claim to govern the same space that the FAA claims the exclusive power to control.

Drone operators should not view this legal uncertainty as an opportunity to challenge the new law. They should, instead, understand that the law prohibits such flights for good reason.  Operators who would violate the law are reckless and irresponsible. They risk injuring spectators. They also add to the undeserved public distrust of the large community of responsible drone enthusiasts. Increased distrust can only result in restrictions and regulations, which are likely to be much less reasonable than the law taking effect in July.

 

Upcoming Changes to the FLSA Exemptions Pursuant to Obama Executive Order

By Anne C. Martin

In late June of 2015, President Obama announced changes to the executive exemptions included in the Fair Labor Standards Act of 1938 (“FLSA”) – the federal law that regulates pay for employees.  This change will go into effect sometime in 2016.  What this means for employers is that they will need to reassess which employees they have classified as exempt to ensure that they meet the salary threshold.

The three primary exemptions to the overtime requirements are for executive, administrative and professional employees.  All three require that the employee be paid on a salary basis and the current requirement is that the salary be at least $455 per week, or $23,660 annually. President Obama is raising that salary requirement to $50,400, more than doubling the pay rate.

The other requirements for the three exemptions are as follows:

  • Executive exemption:  The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise; the employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and the employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

  • Administrative exemption: The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and must include the exercise of discretion and independent judgment with respect to matters of significance.

  • Professional exemption: There are two subclassifications under this category.  I) A learned professional is an employee whose primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; has advanced knowledge in a field of science or learning; and the advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. II) A creative professional employee is one whose primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.[1]


It is good practice to periodically review the classifications of exempt employees to ensure that they really do meet these tests. With the resetting of the salary basis, all exempt classifications need to be checked to ensure that the subject employees are paid at least that much in salary. If they are not, their employers will either need to raise their pay or reclassify them as non-exempt and pay time and a half for all overtime hours worked.

This change in the law will not be effective until 2016, but as employers enter the third quarter of 2015 and are thinking about budgets for 2016, these pay rates should be reviewed in anticipation of the change.

[1] A full list of all exemptions and the tests associated with them can be found at the Department of Labor’s website at http://www.dol.gov/whd/overtime/fs17a_overview.pdf.

Employment Attorney Anne Martin Comments on Overtime Pay Ruling

Nashville employment attorney Anne C. Martin, a member at Bone McAllester Norton, was interviewed by the Tennessean regarding President Obama’s overtime pay ruling. Some, such as the National Federation of Independent Business, claim the ruling will hurt small businesses, while others say it is the right move for employees.

“I don’t think it’s unreasonable for review to see if it needs to be increased,” Anne said.

Read the article here.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Stone Fox is Home to Nashville’s Newest—and Hottest—Drag Show

Bone McAllester Norton client the Stone Fox hosts the newest drag show in Nashville, SheHaw, which has taken off since it started just a few weeks ago. Drawing from the country antics from the TV show Hee Haw, SheHaw uses jokes and funny sketches in its banter between its queens. The show’s two founders, “Tammy Whynot” and “Minnie Pearl Necklace,” are known for pushing the limits—something not done in the city’s current drag show line-up.

Bonelaw’s Alcoholic Beverage Law team provides the liquor and beer licensing for the Stone Fox.

Read more about the show from the Tennessean here.

 

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Loren Mulraine will Address Intellectual Property Protection at Entrepreneurs and Innovators Conference

Bone McAllester Norton’s Loren E. Mulraine will speak on protecting intellectual property at this week’s Entrepreneurs and Innovators Conference, presented by the Alabama State Black Chamber of Commerce. The two-day event will feature subject matter experts, influential leaders and successful entrepreneurs sharing their experience and tricks of the trade, all designed to help spur economic growth in Alabama.

Loren serves in an Of Counsel role at Bone McAllester Norton, where he focuses his practice on entertainment law, intellectual property and business and corporate law. He is also a professor at Belmont University College of Law, where Intellectual Property Law is one of the courses he teaches.

The Entrepreneurs & Innovators Conference is June 25-26, 2016 at The Cahaba Grand in Birmingham, Ala. Click here for more information.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Charles W. Bone Recognized as Sumner County Impact Award Winner

Bone McAllester Norton founder and chairman Charles W. Bone has been selected as a “Sumner County Impact award winner” by the Nashville Business Journal. Nominations were submitted by the public for individuals making a positive impact on the community and business environment in the county, and the list of 30 winners was announced Friday.

Winners will be recognized at an awards luncheon on Thursday, Aug. 27.

Click here to read more.

 

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Attorney Samar Ali Selected to Leadership Tennessee

Congratulations to Bonelaw attorney Samar S. Ali, who has been selected to the third Leadership Tennessee class, announced yesterday by Lipscomb University’s Nelson and Sue Andrews Institute for Civic Leadership. The 2015-16 class includes 34 business, government, education and nonprofit leaders from across Tennessee, who are committed to addressing the state’s challenges and opportunities. Program participants will meet several times as a group and will participate in research and projects throughout the year.

Samar is a member of the firm’s Administrative Law, Business and Corporate Law, International Law and Litigation and Dispute Resolution practices. She is a former Assistant Commissioner for International Affairs for Tennessee Gov. Bill Haslam and has a passion for bettering people’s lives and communities.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Attorneys Fees Can be Recovered in a Tennessee Lawsuit, but only if the contract or statute allows them

I always tell clients that Tennessee is a creditor friendly state, and it is. But, just because it's fair to creditors, doesn't mean a Tennessee Court will give a plaintiff everything. I'm talking today about attorney fees. The rule in Tennessee is that, unless you have an agreement in writing that you are entitled to recover your attorney fees, a court will not award those fees to you.

Here's why: Tennessee follows the "American Rule" on awarding attorney’s fees which states that “a party in a civil action may recover attorney fees only if: (1) a contractual or statutory provision creates a right to recover attorney fees; or (2) some other recognized exception” applies. Cracker Barrel Old Country Store, Inc. v. Epperson, 284 S.W.3d 303, 308 (Tenn. 2009).

The contract provision allowing attorney fees to be recovered has to be very specific. In the Cracker Barrel case, the contract at issue provided that the prevailing party should recover “all costs and expenses of any suit or proceeding.” The Tennessee Supreme Court held that this language was not specific enough to award attorney fees (instead, it allowed recovery of court costs and litigation expenses).

This is an important issue, as the ability to recover your expenses and costs as part of your action will be a big consideration in any decision to file a lawsuit. Lawyers are expensive. Keep that in mind on the front end, when you're preparing a contract or agreement, and get very specific text allowing for recovery of attorney fees.

Changing the Law for the George Jones Museum & More

Bone McAllester Norton has important updates and announcements to share with you, our valued clients and friends, in our latest newsletter. Click here to read how one attorney helped change the law to open the George Jones Museum, accolades that our attorneys have received and the smack down on criminal attempts by minors to purchase alcohol.

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Bonelaw Helps Open Tin Roof in Memphis

The owners of Tin Roof, a regional chain of restaurants that began in Nashville in 2002, has a new home: Beale Street in Memphis, Tenn. Bonelaw’s liquor law attorneys provided the licensing for the restaurant.

Tin Roof Memphis opened last week in what was once the Hard Rock at the east end of Beale Street. Though the chain is now in 13 cities, each restaurant pays homage to the city in which it resides. For the Memphis location, that means “On the Trail of Elvis” bar peanuts, catfish BLT and a Beale St. blues burger. Just like all of the Tin Roof restaurants, this one will also feature live music seven nights a week.

Read more from the Memphis Flyer here.

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Employment Lawyer Paz Haynes will Speak at Fundamentals of Employment Law Seminar

William J. (Paz) Haynes III , an employment lawyer at Bone McAllester Norton, will deliver a presentation on “Privacy and Social Media in the Workplace” at the upcoming Fundamentals of Employment Law Seminar, presented by Sterling Education Services, Inc. The seminar is intended to provide the framework around the basic fundamentals in employment law that companies of all sizes need to know in order to be successful, and attendees will learn how to advise clients, write policies and administer procedures effectively.

Paz Haynes Nashville TN attorney

Specific topics that will be covered include Hiring and Terminating Employees in the Current Economy, Immigration Law, FLSA/Wage and Hour Critical Issues, ADA and FMLA Updates and Interplay and Privacy and Social Media in the Workplace, among others.

Paz practices in the firm’s Labor & Employment Law group. He has spoken at seminars on employment law and professional ethics for the Tennessee Bar Association, trial practices, youth groups and other civic and professional organizations.

Fundamentals of Employment Law Seminar will take place from 8:30 a.m. to 4:30 p.m. on Tuesday, Aug. 11. Click here for more information.

 

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

Tucker Herndon Gives Tips on How to Legally Open a Bar

Bonelaw attorney Tucker Herndon is quoted about liquor licensing in an article posted on NerdWallet.com, a source for financial products an advice. The article addresses how to clear legal hurdles when opening a bar. While bar owners have to work with local, state and federal regulations, knowing what to do ahead of time can save these businesses from headaches and financial stresses.

Forming a limited liability company and knowing your state’s laws are just two of the tips given in the article.

Tucker is a member of the firm’s Alcoholic Beverage Law practice and provides counsel to many of the city’s most well-known bars and restaurants. He recently helped open the George Jones Museum.

Click here to read the full article.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.