In The News

James Crumlin Recognized for Best Free Community Workout in Nashville and Second Best Ambassador to Nashville’s Health and Fitness Community

James A Crumlin Jr Attorney at Bone McAllester Norton Professional indexJames A. Crumlin Jr.On January 3rd, 2018 Bone McAllester Norton’s attorney, James Crumlin was recognized for hosting the Best Free Community Workout in Nashville of 2017 by Nashville Fit Magazine. “Capitol Steps Workout” meets every Monday and Thursday at 6pm. Here you will find James leading a group through a challenging workout session that will push their limits. The participants form a community that keeps the group encouraged and ready for the challenge. All are welcome to join the fun, free of cost, no matter their skill level.

Crumlin was also recognized as the second Best Ambassador to Nashville’s Health and Fitness Community. When receiving the recognition, Crumlin said, “I am blessed beyond measure and so grateful for your continued support! There are SO many people to thank. I humbly thank and so appreciate everyone who helps/has helped with, attends/has attended the workouts over the last 5 ½ years. Without YOU, there would be no Capitol Steps Workout.”

We are proud of the many ways James serves and leads our community through Bone McAllester Norton and from the steps of the capitol building.

James Crumlin Best Free Community Workout

James Crumlin on Instagram bio instagram icon

Bone McAllester Norton Attorneys Recognized as Healthcare Leaders

In January’s Nashville Medical News magazine, “2018 In Charge Health Care,” Bone McAllester Norton attorneys Anne Sumpter Arney and Stacey Garrett Koju are recognized as leaders – “leaders who keep Music City’s $84 billion healthcare industry humming along.”

Anne Sumpter Arney Attorney at Bone McAllester Norton Professional indexAnne Sumpter ArneyWith over 30 years of experience, Anne Arney continues to work with healthcare companies and medical professionals on a wide variety of legal matters. She advises her healthcare clients on business law and transactional issues, as well as assisting them in navigating ever-changing healthcare laws and regulations. Anne regularly counsels both healthcare and non-healthcare entrepreneurs who are seeking to start, grow, operate, and sell their businesses. She publishes the “Physicians’ Legal Update” newsletter to help her clients stayed informed on legal matters.

Stacey Garrett Koju Attorney at Bone McAllester Norton Professional indexStacey Garrett KojuStacey Garrett Koju is a founding member of Bone McAllester Norton PLLC and serves as the chair of the firm’s board of directors. Stacey concentrates her practice in the areas of healthcare, higher education, labor and employment, and corporate transactions. Stacey’s clients include physicians, medical practice groups, and other healthcare entities. She is currently a board member of Abe’s Garden, National Museum of African American Music, and Catholic Charities of Tennessee, Inc., and also serves as chair of Leadership Tennessee’s Advisory Council.

We are grateful for the hard work and service Anne Arney and Stacey Koju provide to Bone McAllester Norton and the Nashville community.

Learn more - Bone Law - Healthcare Law

17th Annual MLK Fellowship Breakfast

Nashville, Tenn. (January 15, 2018) – Nashville law firm Bone McAllester Norton PLLC hosted its 17th Annual Fellowship Breakfast on Monday, honoring the life and legacy of Dr. Martin Luther King, Jr. The event was held at the historic Woolworth on 5th, one of several lunch counters desegregated in 1960 by a group of Nashville students. Nearly 600 gathered to hear from guest artists, speakers, and community leaders on the history of Woolworth, Nashville’s role in the fight for social justice in 1960, and the call for justice today. 
 
Stacey Garrett Koju and Charles W. Bone, co-founders of the law firm, welcomed the guests and laid the groundwork for the morning’s program, entitled Woolworth Speaks – Nashville: On the Frontlines for Social Justice, Then and Now. They compared today’s environment surrounding social justice to the challenges of the civil rights movement in the 1960’s.
 
Stacey Garrett Koju and Charles W BoneStacey Garrett Koju & Charles W. Bone 17th Annual MLK Fellowship Breakfast 201817th Annual MLK Fellowship Breakfast 2018 Woolworth on 5th in Nashville TennesseeWoolworth on 5th in Nashville Tennessee
The event began with the Negro spirituals, “Lean On Me” and “A Change is Gonna Come,” sung by Charles “Wigg” Walker. The songs reminded the audience of how time has passed, but hope persists in the waiting: “It’s been a long, a long time coming / But I know a change is gonna come, oh yes it will.”
 
Following Mr. Walker, Charles Robert Bone introduced Mayor Megan Barry, who has been a guest speaker at each MLK Fellowship Breakfast since her election in 2015. In her address, Mayor Barry reminded the audience that the future of Nashville and the future of our Nation rest in the hands of the children, teenagers, and young adults – just as many of the leaders of the civil rights movement were college-age students. She challenged the guests to take advantage of opportunities to mentor and invest in the young adults and children in their lives.
 
The first keynote speaker, Dr. Reavis L. Mitchell Jr., a history professor at Fisk University, addressed the history of Nashville’s place on the frontline for social justice. Dr. Mitchell drew to light the relevancy and existence of racism today. He said, “Racism has an ugly side, a continuing side that is still a part of the human tradition.” Dr. Mitchell’s comment begs the question, “What are our lunch counters today?” Dr. King’s legacy only continues through those who are willing to take a stand for justice.
 
Tom MoralesTom Morales Charles Robert Bone Roxanne Bethune Dwanna Hughes Barry ScottCharles Robert Bone - Roxanne Bethune - Dwanna Hughes - Barry Scott Charles W BoneCharles W. Bone
Tom Morales, developer of Woolworth on 5th, then introduced his childhood friend, actor, writer, and motivational speaker Barry Scott. Mr. Scott performed a modern interpretation of Reverend Martin Luther King Jr.’s speech, “I Have a Dream.” Mr. Scott’s powerful interpretation drew on the heartfelt emotions of the civil rights movement. He charged the audience to remember the purpose of the movement. He repeatedly said, “All reality hinges on moral foundation,” which left the audience asking the questions, “What do I believe? And what reality are my beliefs creating?”
 
Following Barry Scott, Reverend Becca Stevens, author, speaker, and founder of Thistle Farms, reminded the audience of the call placed upon every individual life. She quoted Micah 6:8, “…what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?” Rev. Stevens shared that justice is unattainable without the willingness to say, “Here I am, God, use me.” In order to continue the legacy of Martin Luther King Jr., one must remember the call to love the marginalized, see beyond what the world sees, and say “yes” to the uncomfortable lifestyle justice demands.
 
Barry ScottBarry Scott Frankie Henry - Dr Mitchell - King Hollands - Stacey Garrett Koju and Rip PattonFrankie Henry - Dr Mitchell - King Hollands - Stacey Garrett Koju and Rip Patton Charles Robert BoneCharles Robert Bone
The final keynote speaker was Dr. Ernest “Rip” Patton. Dr. Patton was one of the many students who participated in the lunch counter sit-ins, Freedom Riders, and other protests of segregation. He honored sit-in participants who were present at the event - Frankie Henry, King and Mary Ellen Hollands, and others in the crowd who stood to signify their participation. Dr. Patton spoke of the bravery of the participants, who were willing to sacrifice their lives for this beloved cause. He talked about the methods and intentionality of the sit-ins, which required hard work. Everyone who participated in the movement had a different role, but of equal importance. Today when celebrating the legacy of Martin Luther King Jr. and other civil rights movement leaders, it is often forgotten that the glory of the ‘60s was marked by blood, humility, and unwavering determination. It was only because of the unified conviction for a better life that the lunch counters became desegregated. Every day was filled with collaboration, sacrifice, and hard work. Dr. Patton urged the crowd to remember that a better tomorrow begins with a better today: “The time is always right to do what is right” (Martin Luther King Jr.).
 
Dr. Patton closed the program with a moving benediction and song that was often sung in the ‘60s by participants in the civil rights movement, “I Woke Up This Morning with My Mind Stayed on Freedom.”
 
View additional coverage of this event below:
 
 
 

Your Survival Guide to DUI Roadblocks in Tennessee

Zack Lawson Attorney at Bone McAllester NortonZack Lawson Attorney at Bone McAllester NortonAfter the New Year’s Eve ball drops and the confetti falls, thousands of Tennesseans will file out of the establishment of their choice and pile into a vehicle. As you put 2017 in your rear view, don’t be surprised to see blue lights in front of you on your way home. Every year, law enforcement officers set up DUI roadblocks on New Year’s Eve. At these roadblocks, police will legally stop you without any cause or suspicion. Given the strict penalties for DUI offenses in Tennessee, the stakes are high.

Unless you like jail and hate money, keep the following in mind:

  1. Don’t be dumb—use your smartphone: As you leave your New Year’s Eve gathering, it will be 2018—act like it. Use your smartphone. If you have been drinking, catch a ride using the app of your choice. If that’s not an option, call a friend or a cab. It just simply isn’t worth the risk. The best way to avoid getting arrested at a DUI checkpoint is to not drive through a DUI checkpoint.

  2. Don’t be a hero—roll down your window: You’ve probably seen some videos online of people “owning” the police by “knowing their rights.” Often, these people have no idea what they’re talking about. Some of them refuse to roll down their window in an effort to “exercise their rights.” You have to roll down your window. If you don’t, you’ll likely have to buy a new window after your buddy bails you out of jail.

  3. Don’t try to get chummy: You have the right not to say anything at all. This doesn’t mean they can’t ask questions. If you want questioning to stop, you must unequivocally state that you are exercising your right to remain silent. If you choose to speak, don’t try to chum it up with the officer. Officers are trained professionals. They will be doing their job, and their job is to arrest people for DUI. The more you talk, the more likely they are to believe they smell alcohol on your breath and that your speech is slurred.

  4. Present requested documentation: As with any traffic stop, if you’re pulled over at a DUI roadblock, you are required to provide your license and registration. Probable cause is not a prerequisite to checking your ID. Pro tip: Before you reach for your glove box or console for these items, ask permission from the officer. This will signal to the officer that you intend to be cooperative while also keeping you safe.

  5. If requested, step out of the vehicle: A common misconception is that police must have probable cause before they can require you to step out of the vehicle. In reality, officers have wide discretion in taking safety precautions. This includes asking you step out of your vehicle. This does not mean you are under arrest.

  6. Refuse field tests: Although officers sometimes lead drivers to believe they will be free to go if they pass a field sobriety test, this is usually not the case. Typically, field sobriety tests are a no-win situation. They are designed to be confusing and to be failed. And passing a test will usually just result in more tests until you make enough mistakes to warrant an arrest. Plus, aside from breath, urine, and blood tests, there is no consequence to refusal.

  7. Refuse searches: Never consent to a search. Ever. Don’t be fooled by an officer’s friendly demeanor. There is nothing to be gained.

  8. Call a lawyer: Just because DUI roadblocks can be constitutional does not mean they are always constitutional. The roadblock must comply with certain criteria, and the officers must comply with a myriad of laws, rules, and procedures. If you are arrested, you should contact a lawyer as soon as possible to make sure your arrest was lawful and all your rights are protected.

Stay tuned for more information that digs deeper into each of these topics in addition to other subjects. If you have a question or you are arrested, call Zack Lawson directly at 615-238-6332 or reach him by twitter @Zack__Law.

Yarbrough Receives 2017 Nashville Bar Association CLE Excellence Award

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Edward M Yarbrough Attorney at Bone McAllester NortonEdward M. Yarbrough During the Nashville Bar Association’s 2017 annual celebration, Bonelaw’s Ed Yarbrough was honored with the prestigious CLE Excellence Award. The CLE Excellence Award identifies a Nashville Bar member who has demonstrated commitment to the NBA's mission. The Nashville Bar Association is dedicated to the continuation of quality legal education. Ed Yarbrough’s exceptional service to the NBA has paved the way for historical breakthrough for attorneys, community leaders, and civilians.

Yarbrough’s experience on the murder case of Marcia Trimble in 1975 played a key role in producing some of the 2017 CLE seminars. In addition, Mr. Yarbrough’s expertise heavily influenced the development of past programs regarding Baker v. Carr, HOFFA!, and Blanton. These seminars not only provide attorneys with the needed resources to enhance their legal practice and professionalism, but also educate our community on important historical legal events in Tennessee. The seminars are available for the public online.

“We are very thankful of the ways Mr. Yarbrough has supported and strengthened our CLE program at the Nashville Bar Association,” said Monica Mackie, Executive Director of the NBA.

For more than 40 years, Yarbrough has successfully led a trial law practice in Nashville. He is well known for his past experience as U.S. Attorney and as a state and federal prosecutor. Yarbrough now focuses his practice on criminal defense and government investigations, and handles civil litigation for plaintiffs and defendants.

Bonelaw Client Lane College Hosts Tennessee Supreme Court

Bonelaw Client Lane College Hosts Tennessee Supreme CourtLeft to right - Peter C. Woolfolk, President & CEO of Communication Strategies Dr. Logan C. Hampton, President of Lane College James A. Crumlin, Jr., Bone McAllester NortonThe Tennessee Supreme Court met on November 30 at longtime Bone McAllester Norton client Lane College to hear oral arguments in two criminal cases.  The court presided at the Jackson, Tennessee college as part of the SCALES (Supreme Court Advancing Legal Education for Students) project.  The project, which has been operational for over twenty years, has allowed hundreds of students to gain first-hand knowledge of the Tennessee legal system and the function of the appellate courts.  James A. Crumlin, Jr., who leads the Bonelaw team representing Lane College, attended the reception sponsored by Bone McAllester Norton that followed the day’s events.  More than 100 connected to the state-wide program appeared at the event, including Tennessee Supreme Court Justices and many state and local dignitaries.  Lane College is the first Historically Black College or University to host the event.

Additional information about the day as well as about the SCALES project can be found at these links:

Lane College hosts high court cases, The Jackson Sun

The SCALES Project

The two cases included:

  • Tommy Nunley v. State of Tennessee - This case reaches the Court after both the trial court and Court of Criminal Appeals denied the petitioner’s request to reopen his case based on alleged newly discovered evidence.  The Court will consider whether the trial court correctly treated the petition for writ of error coram nobis as a petition for DNA testing and whether the petitioner is entitled to coram nobis relief on the ground that the State withheld exculpatory evidence.  In addition to these two issues raised by petitioner, the Court requested the parties address whether the Court of Criminal Appeals should have affirmed the trial court’s summary dismissal of the petitioner’s coram nobis petition as barred by the statute of limitations.
  • Tiffinne Wendalyn Gail Runions, Individually and on behalf of her minor child, Laileean Wendalee Scott v. Jackson-Madison County General Hospital District, et al. - This case comes to the Court by way of an interlocutory appeal. The Supreme Court granted review of this case in order to determine whether the trial court correctly granted the plaintiff’s motion to amend her complaint in order to substitute as a party defendant Jackson-Madison County General Hospital District in place of Bolivar General Hospital, Inc.

Super Lawyers Honors 15 Bone McAllester Norton Attorneys

The 2017 Mid-South Super Lawyers recently release its list of outstanding lawyers, and 15 Bone McAllester Norton attorneys were included. Ten were named as Mid-South Super Lawyers, while five were included as Mid-South Rising Stars.

In addition to the overall Mid-South recognition, Anne C. Martin was also named to the Nashville Top 50, Top 50 Women and Top 100 Lawyers in Tennessee.

“Our attorneys pride themselves on a thorough understanding of our client’s objectives and then focus on coming to creative, strategic solutions,” said Charles W. Bone, founder and chairman of Bone McAllester Norton PLLC. “I believe that’s why our peers have chosen more than a dozen of our attorneys for awards like this. We are grateful to them for observing the expertise and passion behind what we do.”

Mid-South Super Lawyers are selected through a multi-phased process, which includes independent research, peer nominations and peer evaluations. The list is produced by Super Lawyers, a national rating service that includes more than 70 practice areas.

Super Lawyers also selects attorneys to be included in its Rising Stars list, which is compiled using the same requirements and selection process as the Super Lawyers list. However, to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for no more than 10 years.

The 10 Mid-South Super Lawyers are: 

The five Mid-South Rising Stars are:

For more information about these awards, visit the SuperLawyers website.

Charles Robert Bone Named to Nashville Business Journal “Power 100”

For a third year, Bonelaw President and CEO Charles Robert Bone was named to the Nashville Business Journal’s Power 100. The list recognizes the Nashville-area leaders who have the greatest impact and influence on the region’s business scene.

Charles Robert Bone President CEO Attorney at Bone McAllester Norton Professional indexCharles Robert Bone - Bonelaw President and CEOCharles Robert was noted as representing some of the “splashiest names” in Nashville, including the investment group behind the $1 billion redevelopment of the former LifeWay Christian Resources’ downtown campus. Nashville Yards, the proposed 15-acre multi-use development, would contain residential, retail, an over 590 room hotel and several entertainment venues. A commissioner for the Metropolitan Development and Housing Agency, Bone also continues to serve as general counsel to the Convention Center Authority.

You can review the full Power 100 list here.

Legal Professional Areas:

 

Bonelaw Client Studio Bank Takes Steps Towards Formation

Congratulations to our client, Studio Bank (In Organization), whose incorporators this week filed notice with the Tennessee Department of Financial Institutions of its intent to apply for a banking charter.

Charles W. Bone, Trace Blankenship, and Chris Raybeck, members of Bone McAllester Norton’s Corporate and Banking/Financial Services teams, serve as corporate counsel to the new bank in organization and have been working closely with Aaron J. Dorn and the other founders for over a year on this exciting new chapter in the history of Tennessee’s banking industry. Among other things, the Bone McAllester team has provided guidance to the founders on strategic matters, board composition and governance, securities offerings and capitalization, and real estate negotiations. This is the first regulatory filing in the process of becoming a bank and opening their doors for business. Studio Bank (In Organization) would be the first true de novo headquartered in Nashville since 2008 – one that is not part of a corporate reorganization, merger or acquisition.

Bone McAllester Norton’s banking and financial services group has a diversified and comprehensive financial services practice representing all types of financial institutions and working with management on virtually any business issue that a financial institution may encounter. Our lawyers have been providing advice to banks, bank holding companies, mortgage companies, and all types of financial institutions throughout Tennessee and the southeast for some 40 years.

Learn more about our Banking and Financial Services group.

To read more about the future of Studio Bank (In Organization) click on these links:

Pat Emery and Matt Kisber among organizers of Nashville's Studio Bank", The Tennessean, August 24, 2017

It's official: Nashville's upstart bank files notice with regulators", Nashville Business Journal, August 24, 2017

Studio Bank founder rolls out big-name board", Nashville Post, August 24, 2017

U.S News - Best Lawyers Names Bone McAllester Norton Among the Best in Over 20 Practice Areas

Bone McAllester Norton continues to earn top recognition in the 2018 edition of U.S. News – Best Lawyers “Best Law Firm” rankings—a comprehensive survey of America’s top law firms—with 22 overall practice rankings. Bonelaw added new rankings including Commercial Litigation and Litigation – Intellectual Property. The survey also resulted in 16 individual rankings for Bonelaw attorneys, 11 of those ranked in more than one practice area.

Practice rankings include: 

  • Administrative / Regulatory Law
  • Banking and Finance Law
  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Business Organizations (including LLCs and Partnerships)
  • Commercial Litigation
  • Copyright Law
  • Corporate Law
  • Criminal Defense: General Practice
  • Criminal Defense: White-Collar
  • DUI/DWI Defense
  • Employment Law – Individuals
  • Employment Law – Management
  • Environmental Law
  • Health Care Law
  • Litigation – Intellectual Property
  • Litigation - Labor & Employment
  • Mergers & Acquisitions Law
  • Non-Profit/Charities Law
  • Personal Injury Litigation – Plaintiffs
  • Real Estate Law
  • Securitization and Structured Finance Law
  • Trademark Law

The U.S.News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

Bone McAllester Norton is also pleased to announce Anne C. Martin was named Best Lawyers© “Lawyer of the Year” for Litigation – Labor and Employment. Anne Martin has been a member of Best Lawyers since 2007 and a “Lawyer of the Year” since 2013. Only one attorney in the Nashville area is named “Lawyer of the Year” for Labor and Employment. Anne advocates for employees wrongly treated by employers and also advises employers how to comply with complex federal and state employment laws.

“We are pleased to have so many of our attorneys named to Best Lawyers in their areas of practice” said Charles W. Bone, Chairman, Bone McAllester Norton.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. The attorneys included in the 2018 The Best Lawyers in America list are:

Anne Sumpter Arney
  • Business Organizations (including LLCs and Partnerships) 
  • Closely Held Companies and Family Businesses Law
  • Health Care Law
Trace Blankenship
  • Banking and Finance Law
  • Mergers and Acquisitions Law
  • Non-Profit / Charities Law
Charles Robert Bone
  • Administrative / Regulatory Law
  • Business Organizations (including LLCs and Partnerships)
  • Personal Injury Litigation - Plaintiffs
Charles W. Bone
  • Administrative / Regulatory Law
John P. Branham
  • Personal Injury Litigation - Plaintiffs
William T. Cheek III
  • Food and Beverage Law
  • Non-Profit / Charities Law
Glen A. Civitts
  • Corporate Law
  • Healthcare Law
  • Mergers and Acquisitions Law
  • Real Estate Law
  • Securitization and Structured Finance Law
William J. Haynes III
  • Employment Law - Individuals
Sharon O. Jacobs
  • Environmental Law
Paul W. Kruse
  • Copyright Law
  • Trademark Law
Anne C. Martin
Best Lawyers© Lawyer of the Year 2018
  • Employment Law – Individuals
  • Employment Law – Management
  • Litigation – Labor and Employment
Sam J. McAllester III
  • Banking and Finance Law
  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Christopher Raybeck
  • Banking and Finance Law
Jack F. Stringham II
  • Banking and Finance Law
  • Real Estate Law
Edward M. Yarbrough
  • Criminal Defense: General Practice
  • Criminal Defense: White-Collar
  • DUI/DWI Defense
Stephen J. Zralek
  • Commercial Litigation
  • Copyright Law
  • Litigation – Intellectual Property

Best-Lawyers-Logo

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 83,000 leading attorneys globally are eligible to vote, and we have received more than 13 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2018 Edition of The Best Lawyers in America, 7.3 million votes were analyzed, which resulted in almost 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

"Should I Register My Trademark?"

The U.S. Supreme Court opens the door to the continued federal registration of REDSKINS as well as other marks thought to disparage others.

Paul Kruse Copyright Trademark AttorneyPaul Kruse Copyright Trademark AttorneyUp until recently, marks that disparaged others did not qualify for federal registration under § 2(a) of the Trademark Act. However, the Supreme Court in Matal v. Tam recently concluded that the prohibition against the registration of such marks amounts to viewpoint discrimination by the United States Patent and Trademark Office (USPTO) and, under the strict scrutiny review appropriate for government regulation of message or viewpoint, concluded that the disparagement proscription set forth in § 2(a) of the Trademark Act is unconstitutional. This conclusion was premised in part on the fact that the Trademark Act confers important legal rights and benefits on trademark owners who register their marks with the USPTO.

So, Should I Federally Register My Trademark? 

Yes, although federal registration of a trademark is not required. Rights to a trademark in the United States are granted on a first come, first served basis. One obtains trademark rights by being the first in a given market either to use the mark or to file and successfully obtain a registration. Once it obtains such rights, the trademark owner is entitled to stop newcomers from using similar marks in ways that are likely to cause confusion.

You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several advantages, the most important being that federally registered trademarks are national in scope, regardless of the actual geographic use made of the mark. This national scope contrasts greatly with the limited geographic range of common law trademarks. Additional advantages of federal registration include:

  • The right to use the ® symbol in connection with the mark, which may deter potential infringers;

  • Increased ease of discovery by those doing trademark searches, which helps to prevent the adoption of confusingly similar marks by third parties;

  • A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration, which makes it easier to prove an allegation of trademark infringement; and

  • The ability to recover profits, damages and costs for infringement, including the possibility of receiving treble damages in certain circumstances. 

  • Filing for federal registration provides numerous benefits to a trademark owner at a reasonable expense. As a result, applications for federal registration are almost always recommended for marks that qualify.

Learn more about Paul Kruse...

Learn more about Bone Law's Intellectual Property: Copyrights, Trademarks and Related Claims...

Bonelaw’s CEO Featured in Nashville Business Journal

Charles Robert Bone, President and CEO of Bonelaw, was the featured leader in the Nashville Business Journal’s “The Boss” series. Click The Boss to read the full interview.

Bonelaw President and CEO Charles Robert Bone Discusses Nashville Growth

Bone McAllester Norton President and CEO Charles Robert Bone spoke with NewsChannel 5 on Nashville being named by Forbes as the city with the highest job growth among the 70 largest labor markets in the United States.

Charles Robert Bone - Bonelaw President and CEOCharles Robert Bone - Bone McAllester Norton President and CEOBone noted the firm has benefited from being in the "it city" with lawyers wanting to work in Nashville, and they’ve had no problem finding people thanks to the great education provided at area universities such as Vanderbilt, and in addition to that, they say the city supports any idea that ushers in economic growth. "You go to the city with an idea or something that needs to be done, generally the answer is yes, let's try to figure out a way to make it happen" Bone explained. Bone went on to say "Nashville's been on an unbelievable run, and we've been honored and thrilled to kind of play a part of that and kind of rise with that same trajectory."

To watch the full interview Click Here

Bonelaw Congratulates 19 Clients on the New Tennessee Whiskey Trail

Tennessee is the home of numerous world renowned distilleries and many of them turn to Bone McAllester Norton for legal guidance.

Recently opened by The Tennessee Distillers Guild, a membership organization consisting of Tennessee distilleries, the Tennessee Whisky Trail consists of a 25-stop distillery tour across the state of Tennessee. Of those 25 stops, 19 turn to Bone McAllester Norton’s alcohol beverage team for their legal needs and advice.

Bonelaw’s premier team of Will Cheek, Rob Pinson and Tayo Atanda lead the industry in all areas of alcohol beverage law in Tennessee.

To read more about how to map your visits across the Tennessee Whiskey Trail follow this link - http://www.tnwhiskeytrail.com.

Anne C. Martin Named Among Top Labor and Employment Lawyers in 2017 Chambers USA

Congratulations to BoneLaw’s Anne C. Martin for being ranked in the 2017 edition of Chambers USA: America’s Leading Lawyers for Business, published by Chambers & Partners.

Anne Martin Attorney, Bone LawAnne Martin Attorney, Bone LawAnne was recognized for her work in the area of labor and employment law. Noted by Chambers as a “highly respected employment lawyer in Tennessee," Anne has been widely published in the areas of employment law as it relates to matters including discharge, disability leave, discrimination, harassment and non-compete agreements.

Each year, Chambers USA ranks law firms and individual lawyers based on different qualities most valued by clients, including technical legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment. Chambers' research team conducts thousands of interviews with lawyers and clients throughout the year to create a basis for their ranks. More information is available on the Chambers website.

Bone Law Attorneys Selected to Nashville’s Best of the Bar list

We are honored to share that three of our attorneys have been selected to Nashville’s Best of the Bar list, published by the Nashville Business Journal.

The publication took nominations from the public for two months. Eligible nominees then participated in private voting, allowing the nominees to vote on each other. This process is designed to find out which nominees truly are the best of the bar, according to their peers. Our own Best of the Bar lawyers are:

Trace Blankenship Attorney At Law - Bone McAllester NortonTrace Blankenship Attorney, Bone Law

Will Cheek Attorney, Bone LawWill Cheek Attorney, Bone Law

Anne Martin Attorney, Bone LawAnne Martin Attorney, Bone Law
Learn more about Bone McAllester Norton legal services here:

 

BoneLaw’s Stephen Zralek to speak on Recent United States Supreme Court Trademark and Copyright Cases

On May 19th BoneLaw attorney, Stephen Zralek, will participate in the Tennessee Bar Association’s 2017 Entertainment & Sports Forum. Zralek is among a distinguished group of speakers for an afternoon discussion of some of the most cutting edge legal issues in the music and entertainment industry today.

Stephen Zralek; Bone McAllester NortonStephen Zralek; Bone McAllester NortonZralek will take a fresh look at two active cases pending before the United States Supreme Court, Lee v. Tam, the trademark case involving the constitutionality of the disparagement clause under Section 2(a) of the Lanham Act, and Star Athletica, LLC v. Varsity Brands, Inc., the copyright infringement case involving whether certain designs on cheerleading uniforms are eligible for copyright protection, and discuss the far-reaching implications that the Court’s holding in both cases could have on the entertainment industry.

This panel will also briefly explore the constantly-shifting topic of copyright fair use and whether, and to what extent, Supreme Court review might provide much-needed guidance on this murky area of the law. This panel will highlight the recent Sixth and Ninth Circuit split involving sound recording sampling and discuss the likelihood of Supreme Court review and potential outcomes in light of the current state and composition of the Court.

To find out more on the event and to register to attend, please click this link.

Tennessee’s Business Court is Back in Business

Many of our clients will be happy to know that Tennessee’s Business Court is back in business as of May 1, 2017, after the Tennessee Supreme Court lifted an embargo on the filing of new cases. Clients with sophisticated business disputes and intellectual property disputes based in Tennessee can once again avail themselves of a forum whose primary function is dedicated to resolving complex cases.

Officially, the Tennessee Business Court is just a “Pilot Project,” but most attorneys and clients hope it is here to stay. (Tennessee is one of 28 states with a dedicated Business Court). Phase 1 was established by the Tennessee Supreme Court in March 2015 and was set to expire in December 2017, but it was so popular that an embargo had to be imposed earlier than that to give the presiding judge, Chancellor Ellen Hobbs Lyle, some relief. Over 90 business cases were transferred to the Business Court prior to the embargo.

Phase 1 of the Business Court was celebrated by attorneys (and judges) across the state as a huge success. It unclogged the dockets of other courts in the state. And while many courts in Tennessee function at a high caliber, Phase 1 of the Business Court gave clients access to a tribunal where judicial involvement was specifically tailored to the demands of each case, and where the presiding judge operated at the highest levels of competence, flexibility and efficiency.

Although Phase 2 of the Business Court is still in its infancy, here are five takeaways from what we know already:

1. To qualify now, a party must seek at least $250,000 in damages, compared with $50,000 under Phase 1. (If the case seeks primarily injunctive or declaratory relief, it may still qualify even if it doesn’t seek damages of that amount.)

2. If your case involves any of the following claims, it no longer automatically qualifies for transfer unless your lawyer can persuade Chancellor Lyle and the Chief Justice how those claims present “sufficiently complex commercial issues that would have significant implications for the larger business community”: breach of contract; fraud; misrepresentation; shareholder derivative actions; real property disputes; claims between business entities/owners as to their business or relationship; construction disputes; and violations of non-compete, non-solicitation or confidentiality agreements.

3. Unlike previously, cases involving trademark law now are explicitly included as qualifying for transfer, assuming the other criteria are met.

4. Where you previously had 60 days from service of the complaint to seek a transfer, you now have only 30 days.

5. Finally, as our firm has learned through experience, even if your case otherwise qualifies for transfer to the Business Court, the Supreme Court will refuse to transfer it if the complaint was filed prior to May 1, 2017. This means, unfortunately, that some clients will miss out on the opportunity for specialized resolution of their dispute in Tennessee’s Business Court.

Bonus! To read the Court’s “Guide to the Business Court” or examine past Business Court decisions, click here. If you believe your case could use a proactive approach from a hands-on judge who sets meaningful deadlines and who adapts procedures to meet the needs of your case for a customized outcome, we would be happy to discuss your case with you and see if it might qualify.

BoneLaw Attorneys to Represent Assault Victim vs Titan Players

Alex Little Attorney - Bone McAllester NortonAlex Little Attorney - Bone McAllester Norton

Bone McAllester Norton attorneys Alex Little and James A. Crumlin have filed suit in federal court in Nashville today on behalf of a crime victim as part of the firm’s victims’ representation practice. As reflected in the complaint linked below, the firm’s client was the victim of a brutal assault that involved two current members of the Tennessee Titans football team, Tajae Sharpe and Sebastian Tretola. As the complaint details, the victim was viciously assaulted and left unconscious in an alley; a bystander found him and called for medical help. The assault occurred on the evening of the First Round of the 2017 NFL Draft, after the Titans selected a wide receiver, and stemmed from Sharpe’s violent reaction to the victim’s suggestion that he would lose playing time. After the beating, the victim was transported to a nearby hospital, where he remained unconscious from more than 12 James A. Crumlin, Jr. Attorney - Bone McAllester NortonJames A. Crumlin, Jr. Attorney - Bone McAllester Nortonhours. He suffered extensive injuries including, but not limited to, broken bones in his face, massive facial bruising, and a perforated eardrum. The suit seeks to collect damages for medical expenses, physical and emotional pain and suffering, as well as current and potential future lost wages. A copy of the complaint and photos of some of the victim’s injuries can be found at this link.

Alex Little stated, “This case is not about the Tennessee Titans or the NFL. It’s about two individuals who, for no good reason, seriously injuring an innocent victim. We are seeking to hold them accountable for the harm they have caused.”

BoneLaw Counsel in Deal Worth $20 Million

Congratulations to Bonelaw client Zycron, an information technology service firm, on its recent sale to Texas based BG Staffing Inc. The inclusion of the Zycron offices headquartered in Nashville with branches in Memphis and Chattanooga, gives BG Staffing which is based in Plano, TX 56 offices covering 25 states. Zycron began with one-employee in 1991 and grew to $38 million in revenues in 2016. The Bonelaw team of James Crumlin, Charles Robert Bone and Andrea Perry were an integral part of the completion of the deal.

Read more about the sale and the entrepreneurial success story of Zycron.

James Crumlin 

Charles Robert BoneCharles Robert Bone 

Andrea Perry Attorney Bone McAllester NortonAndrea Perry Attorney Bone McAllester Norton

Learn more about Bone McAllester Norton legal services here: