In The News

Dozen Bakery will Open its First Shop

Bone McAllester Norton client Claire Meneely announced to the Tennessean that she is opening her first brick-and-mortar shop in the Wedgewood-Houston neighborhood of South Nashville. Located at 516 Hagan St., her Dozen Bakery will continue to serve the handmade sweet treats fans have loved for many years, as well as fresh breads, breakfast items, salads and sandwiches.

Read more about her plans here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

Music Without Borders by Stephanie Taylor

By Stephanie R. Taylor, Esq. with the assistance of Katie Garro McCain, Esq.
*This article first ran in the August 2014 Nashville Bar Journal

I grew up on a small, picturesque farm in rural South Dakota.  I loved all types of music, and as an aspiring fiddle player and violinist, I was always looking for musical inspiration.  Needless to say, large music tours didn’t typically route through my hometown.  As a result, radio was my only means of musical discovery.

In recent years, technology has opened doors to musical discovery in a variety of ways.  One significant change is that music fans are able to stream live audiovisual performances of concerts from their home computer or mobile device and view those concerts from nearly anywhere in the world.  Streaming technology has made it possible for artists and venues to access and connect with music fans throughout the world in an authentic way.  This technology is used locally by Music City Roots and has been embraced by brands as prominent as the Metropolitan Opera.  These venues are now able to connect with fans at an international level while building their brands. While this technology will never replace the live concert experience, it will undoubtedly connect music fans to artists and venues in a way that was previously not possible.  Of course, with the advent of technology comes the challenge of complying with copyright law.  This article analyzes the copyright law issues that impact the various individuals and companies whose rights are impacted by streaming technology.

Copyright Basics

In order to understand the rights impacted by live video streaming of concerts, it is important to begin with an overview of copyright law as it relates to the applicable rightsholders.

1. The Musical Work Copyright

In every recording of music, there are two separate and distinct copyrights involved.  The first is the “musical work” copyright.  While the U.S. Copyright Act (the “Act”) does not define “musical work,” a musical work is understood to be the musical composition or song, including the words and instrumental components of that song.[i]  The authors of musical works are the songwriters or composers.  In many instances, a musical work author transfers or assigns ownership of the musical work copyright to a third party music publisher.  In other instances, songwriters retain ownership of their musical work copyrights and become their own music publisher.

2. The Sound Recording Copyright

The second type of copyright is the “sound recording” copyright.  Sound recordings are defined in section 101 of The Act as the “work(s) that result from the fixation of a series of musical, spoken, or other sounds.”[2]  Put more simply, a sound recording is the audio recording of the underlying musical work. The authors of a sound recording are the performers whose performance is recorded.[3]  However, if the recording artist is signed to a recording agreement, the record label will own the sound recording copyright.  In some instances, recording artists may act as their own record label, retaining ownership of their sound recording copyright.

3. The Motion Picture Copyright

A third copyright exists when a concert is recorded in video format because the video producers are creating a “motion picture” which is defined in section 101 of The Act as an audiovisual work, “consisting of a series of related images…together with accompanying sounds, if any.”[4]  As a result, the video producers are the authors and owners of the motion picture copyright.[5]  If any person or entity other than the video producer wishes to own copyright in the audiovisual content (i.e. the venue, artist, or record label), then that person or entity should enter into a written work for hire agreement with the video producer prior to the live stream.[6]  The party who desires to own the motion picture copyright may also acquire those rights through a written assignment of copyright, but a work for hire agreement is typically the preferred method of ownership.

The existence of these three distinct copyrights means that there may be multiple rightsholders whenever a concert is streamed live online.  As a result, securing the necessary rights and clearances may be a challenge.

The Right to Stream a Musical Work

One of the exclusive rights held by a music publisher is the right to publicly perform the musical work. A live stream of a concert is an example of a public performance because it is a transmission of a performance to members of the public capable of receiving that communication.[7]

Most music publishers have granted the licensing rights for public performances of musical works to ASCAP, BMI, and SESAC, entities known as Performance Rights Organizations or PROs.  As a result, the online streaming service must obtain a “new media” license from each of the three PROs in order to secure rights to stream live performances of the musical works online.[8]  The new media license is in addition to any licenses the venue has already obtained from the PROs for public performances of music at the venue.

Typically, when a musical work is used in timed synchronization with video images, the user must obtain an additional license from music publishers; this license is referred to as a synchronization (“synch”) license.[9]  Synch licenses can be expensive and time consuming to obtain.  This is because synch license fees are not set by statute.  Rather, synch fees are negotiated based on a variety of factors making the fees very unpredictable.  Additionally, it is possible for a single song to have multiple songwriters and multiple music publishers, resulting in many hours of negotiations.  Fortunately, as long as the video of the concert performance is streamed live, no synch licenses will be required.  However, content creators and distributors need to be aware that synch licenses will be required if they desire to make videos of the musical performances available to the public after the live stream, whether in archived form, on their website, or for sale or distribution.[10]

The Right to the Artist’s Musical Performance

In addition to clearing the musical work, rights in the musical performance and resulting sound recording must also be cleared.  If a recording artist is signed to an exclusive recording agreement, the record label will typically own the exclusive rights to any recording of the artist’s musical performances during the term of such agreement.  As a result, any person or entity that wishes to capture the live performance of the artist and stream that performance online must secure permission from the record label.  The difficulty in clearing these rights depends on the promotional value the label sees in the live stream as well as the label’s comfort with the quality of such recorded performance.  Furthermore, even if a label grants permission for the live video stream, the label may nonetheless insist on ownership of the audiovisual content captured at the concert.  This clearance process may be significantly simplified when the artist is not signed to a label because the artist can grant all rights without label approval.

If the musicians performing with the artist are independent contractors as opposed to employees or members of the artist’s group, it will be necessary to obtain a “sideman/side musician” release.  Additionally, if the sideman is signed to an exclusive recording agreement, it will be necessary to obtain a release from sideman’s record label.

Additional Rights and Clearances

In addition to the rights and clearances discussed above, there are several other rights and clearances that one must obtain.

1. Location Release

Whenever filming at a venue, one must obtain a venue/location release from the owners and lessors of the applicable venue.  This release grants the right to record at that location and distribute the images captured at that location.  While filming at the venue, it is also important to be aware that if any copyrighted materials (i.e. posters) or trademarks (i.e. logos) appear in the background, a release from the owners of those copyrights or trademarks may also be required.

2. Name and Likeness Release

Recording artists are likely able to claim a right of publicity related to the use of his or her name, photograph, and likeness for commercial purposes.  As a result, it is important to include in any artist release the right to use the artist’s name, photograph, likeness, and biographical materials for marketing, promoting and other exploitations related to the concert/live stream.

3. Audience Release

Finally, if the audience members will be shown on camera, it is important to make the audience aware that they may be filmed.  In most instances it is not possible to obtain a written release from the audience members.  Nonetheless, best practices should include providing audience members notice at the time of ticket purchase, printing that notice on the ticket, and repeating that notice verbally to the audience prior to the taping.

Industry Response to Live Streaming

As mentioned above, live streaming will never replace the live concert experience.  Furthermore, it remains a fairly expensive technology requiring a skilled and experienced audio and audiovisual team to capture and distribute the content.  Additionally, some artists and labels remain apprehensive about a live stream of their performances because of concerns that these performances might not highlight the artist in the best possible light.  Nonetheless, live streaming of concerts creates an opportunity that might not otherwise be available, including: participation of overflow audiences to sold-out shows, interested fans exploring festivals and concerts in order to decide whether to attend in the future, and, as discussed above, a new and invaluable point of music discovery.

If I were still living in South Dakota today, my opportunities to engage in music would be vastly different.  I would have access to live video footage of concerts from around the world.  My point of musical discovery could be the weekly live stream of Music City Roots, or the price of admission to watch the Metropolitan Opera at a movie theatre.  This unprecedented access to live performances will enable artists and venues to connect with fans while building their brand in an authentic way while empowering fans to experience live music with fewer economic and geographic barriers.

 

[1] Marshall Leaffer, Understanding Copyright Law §3.18 (4th ed. 2005).

[2] 17 U.S.C.A. § 101 (West 2010).

[3] Authorship rights may also extend to the producer who is involved creatively in capturing those performances.

[4] 17 U.S.C.A § 101 (West 2010).

[5] A fourth copyright exists in that there will likely be software licenses and web server licenses that must grant the rights necessary for the live stream.  This article will not undertake that analysis, but those licenses will require careful analysis prior to streaming live concerts.  That analysis should consider the rights and obligations of those distributing the content as well as the rights of the rightsholders and the individual music fans consuming the content.

[6] Section 101 of the Act sets forth the formalities of creating a copyright that will be categorized as a work made for hire.

[7] 17 U.S.C.A. § 101 (West 2010).

[8] BMI issues a license through its Digital Licensing Department, and no longer refers to it as a new media license.

[9] Donald Passman, All You Need to Know About the Music Business 241 (7th ed. 2009).

[10] Increasingly, services like YouTube are negotiating blanket synchronization licenses with music publishers, which make the licensing process simpler and more cost effective.  However, those licenses are not within the scope of this article.

 

Bone McAllester Norton Congratulates Leadership Music on 25th Anniversary

Bone McAllester Norton extends congratulations to Leadership Music, which is celebrating its silver anniversary this year. The non-profit educational institution, established in 1989, provides programs designed to further communications and understanding among facets of the entertainment business and to assist established leaders in their roles as decision makers.

Bonelaw’s own entertainment attorney Loren E. Mulraine is a graduate of the class of 2003. And nonprofit Best Lawyer William T. Cheek serves as the organization’s legal counsel.

Leadership Music commemorated this milestone at an anniversary celebration last week for the founding council and all alumni. The event was held at M Street Entertainment Group’s new venue, The Rosewall. M Street is a client of the firm.

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

The Tennessean Features More about OneC1TY Campus

A story in today’s The Tennessean sheds more light on the upcoming OneC1TY project, an office and multifamily development near downtown Nashville that will cater to the healthcare, technology and life sciences sectors. C1TYblox, a 12,000-square-foot space featuring food, fitness and event areas, will be made of recycled shipping containers. Bonelaw’s Alcohol Beverage Law team has provided licensing advice to several restaurant and bars who will set up shop in the unique space, including the strictly raw vegetarian food eatery Avo.

Click here to read more.

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

Bone McAllester Norton Receives “Best Lawyers” Accolades

Firm Receives “Best Law Firm” Ranking, 14 Attorneys Named The Best Lawyers in America©

Nashville, Tenn.—(August 18, 2014) Nashville-based law firm Bone McAllester Norton PLLC announced today that it is celebrating three separate honors from the 21st edition of The Best Lawyers in America©. More than a dozen of its attorneys have been named to the 2015 list. Two attorneys, Charles Robert Bone and Anne C. Martin, were also chosen as “Lawyer of the Year” in Nashville in their respective practice areas. And the firm itself has been named a “Best Law Firm” in a Tier 1 ranking in the 2015 edition of U.S. News – Best Lawyers “Best Law Firms.”

“Our attorneys are united by their enthusiasm for the law and a relentless dedication to our clients, and I think that is why 14 of our attorneys, as well as the firm overall, have received this recognition,” said Charles W. Bone, founder and chairman of Bone McAllester Norton. “We are grateful to our peers for observing the expertise and passion behind what we do.”

Charles Robert Bone was named Best Lawyers® 2015 Administrative/Regulatory Law “Lawyer of the Year” in Nashville. Anne C. Martin received this distinction for Employment Law—Individuals.

The Bonelaw attorneys listed in The Best Lawyers in America 2015 list are:

    •   Trace Blankenship for the areas of Banking and Finance Law and Non-Profit/Charities Law;
    • •  Charles W. Bone for the area of Administrative/Regulatory Law;
    • •  Charles Robert Bone for the areas of Administrative/Regulatory Law and Business Organizations (including LLCs and Partnerships);
    •   John P. Branham for the area of Personal Injury Litigation—Plaintiffs;
    • •  Larry W. Bridgesmith for the areas of Employment Law—Management and Labor Law—Management;
    •   William T. Cheek III for the areas of Food and Beverage Law and Non-Profit/Charities Law. Will is the only listed lawyer for Food and Beverage Law in Tennessee.
    •   Paul W. Kruse for the areas of Copyright Law and Trademark Law;
    •   Anne C. Martin for the areas of Employment Law—Individuals, Employment Law—Management and Litigation—Labor and Employment;
    • •  Sam J. McAllester III for the areas of Banking and Finance Law and Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law;
    •   C. Michael Norton for the area of Banking and Finance Law;
    • •  Bryan E. Pieper for the area of Employment Law—Individuals;
    •   Jack F. Stringham II for the areas of Banking and Finance Law and Real Estate Law;
    • •  Edward M. Yarbrough for the areas of Criminal Defense: Non-White Collar, Criminal Defense: White-Collar and DUI/DWI Defense;
    • •  and Stephen J. Zralek for the area of Copyright Law.

Bone McAllester Norton received the “Best Law Firms” Tier 1 ranking for Nashville in seven areas:

    • •  Administrative/Regulatory Law;
    • •  Banking and Finance Law;
    • •  Criminal Defense: Non-White Collar;
    • •  DUI/DWI Defense;
    • •  Employment Law—Individuals;
    • •  Employment Law—Management;
    • •  and Personal Injury Litigation—Plaintiffs.


The Best Lawyers in America list for 2015 includes attorneys covering all 50 states and the District of Columbia, and inclusion in this year’s publication is based on more than 4.3 million detailed, confidential evaluations of lawyers by other lawyers. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

For more information on Bone McAllester Norton and its attorneys, visit http://www.bonelaw.com/.

 

About Bone McAllester Norton PLLC

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

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Family-Owned Distillery Revives Whiskey Business 105 Years Later

Bone McAllester Norton client Green Brier Distillery is producing whiskey once again for the first time since 1909. The great-great-great grandsons of original distillery owner Charles Nelson have reopened the family business in the Marathon Village Facility, and Monday marked the first time in 105 years that the original recipe had been used to make whiskey. Nelson’s distillery was located in Greenbrier, where he produced the only Tennessee whiskey not using wheat. His was one of the largest facilities in the nation in the late 19th century. The family plans to open the distillery to the public in October.

Bonelaw’s Alcoholic Beverage Law practice has provided the licensing advice to the Nelson family for the distillery.

The Tennessean featured this story yesterday. Click here to read more.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

Will Cheek will Address Current State of Alcohol in Tennessee at LAW Event

Bone McAllester Norton attorney William T. Cheek III has been slated as a panelist at the Lawyers Association for Women (LAW) August membership meeting. “The Current State of the Law of Where You Can Make, Drink and Sell Alcohol in Tennessee” will take place at Tuesday, Aug. 19, at BB King’s Blues Club in downtown Nashville. Joining Will in this panel discussion are Emily Ogden of Grassroots Strategy, LLC; Will Newman of Edley’s Bar-B-Cue and The Filling Station; and Bailey Spaulding of Jackalope Brewing Company. One hour of general CLE credit is available.

Will leads Bonelaw’s Alcoholic Beverage Law Team and provides licensing and regulatory compliance advice to restaurants, hotels, bars, clubs, craft distilleries and breweries. His clients range from small chef-owned restaurants to large publicly traded corporations. He has become nationally known as the go-to source for Tennessee liquor law.

Find out more about this LAW event here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

Stephen Zralek Weighs in on Tracy-DesJarlais Race with the Nashville Business Journal

Congressman Scott DesJarlais and state Sen. Jim Tracy are involved in a close victory for Tennessee’s 4th Congressional District seat, and Bone McAllester Norton attorney Stephen J. Zralek, who practices in campaign law, spoke with the Nashville Business Journal today about what to expect if the outcome is challenged.

“A good place for candidates to look when challenging results is absentee ballots,” he said. DesJarlais has a 35-vote lead. Because this was an election in a party primary, a different avenue from what would happen in general elections will take place, should a contest follow.

“The Tracy-DesJarlais election and any contest arising out of that will be governed exclusively by the Tennessee Republican Party’s executive committee.”

Read the full story here.

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

James Mackler Talks about Staying Power of Drones with the Nashville Scene

Bone McAllester Norton attorney James E. Mackler spoke with Steve Haruch, reporter for the Nashville Scene, about the complexity of the laws and regulations surrounding the use of drones. But despite the difficulty in traversing those rules, the reporter points out that drones are here to stay.

James’s comments appeared in two articles in this week’s Scene. In the cover story, he explains that the rules are confusing, so he tends to be cautious in his reading of what the FAA says is allowed and what isn’t allowed. The current law starts with a blanket ban on the use of drones and then includes exceptions, such as for authorized military use, search and rescue and scholarly research. “I would never tell a client to violate FAA regulations. . .but if someone came to me and said the FAA was trying to enforce those regulations, I would work very hard to defend them by arguing that those regulations are not enforceable. That particular person may or may not have violated the law, or the regulation, but there’s probably an argument to be made either way,” he said.

And in a supporting story on how two Tennessee companies are using drones legally, James points that “a strict reading of the regulation” hints that a commercial organization utilizing drones for commercial purposes “would be included in the regulations, unless you’ve got a COA (certificate of authorization) or you’re flying at an FAA test site.”

James concentrates his law practice in the areas of federal criminal defense, regulatory compliance and civil litigation. He is the founder of Bonelaw’s unmanned aerial systems (UAS) focus, the first of its kind in the region.

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

White House Tightens Standards on Contractors Who Can Do Business with the U.S. Government

By Bryan E. Pieper

Last Thursday, President Obama signed the Fair Pay and Safe Workplaces Executive Order, designed to ensure that the U.S. government spends taxpayer money on contractors who comply with the law, pay their employees fairly and protect the safety and health of their employees. Congressional studies show that many companies that are guilty of large or repetitive wage and hour or safety and health violations continue to win billions of dollars in government contracts year after year. Allowing the worst or repeat offenders to compete for federal contracts without complying with pay and safety laws puts those contractors who play by the rules at a competitive disadvantage, according to the White House, which stated that the new standards for awarding federal contracts will help level the playing field and encourage violators to get into compliance.

To achieve this, the Executive Order provides that, before being awarded a large federal contract, a contractor must provide certain information regarding its compliance with labor and employment laws and take certain steps designed to protect its employees’ ability to enforce their rights under those laws.
  • Before an agency will award a contractor a federal contract worth more than $500,000, the contractor must report all labor and employment law violations for the past three years. Contracting agencies will screen for the worst actors with the most egregious violations or repeat violations to ensure that they do not get taxpayer funded contracts.  The goal, however, is not merely to prevent violators from getting federal contracts but to help more contractors come into compliance with workplace laws. Contractors with labor law violations will be offered the opportunity to receive early guidance on the violations and to remedy them. Contracting officers will take these steps into account before awarding a contract.
  • Contractors will be required to give employees specific information on their paystubs regarding hours worked, overtime hours, pay and any additions to or deductions from their pay so that employees can verify they are being paid what they are owed and that the pay is in compliance with wage and hour laws.
  • Before an agency will award a contractor a federal contract worth more than $1 million, the contractor must agree not to require its employees to sign arbitration agreements that prevent them from going to court for discrimination, sexual assault or harassment claims.  This would not apply to valid agreements already in place.
The White House contends that these new criteria will also improve federal contracting efficiency and result in greater returns on taxpayer dollars, as companies with workplace violations are more likely to encounter performance problems or to have projects delayed by litigation. These requirements likely will not become effective until the issuance of final regulations, after a period for public comment, which the White House estimates could be as late as 2016.

Some observers contend that requiring contractors not to make employees sign pre-employment arbitration agreements is in tension with the strong congressional policy in favor of arbitration that is expressed in the Federal Arbitration Act.  Others respond that the Executive Order is consistent with the congressional policy expressed more recently in the Department of Defense Appropriations Act of 2010, which conditions the award of any federal defense contract more than $1 million on the contractor agreeing not to require arbitration of certain employment claims.  For this reason, it is likely that the Executive Order may be challenged in court.

Click here for the Fact Sheet published by the White House.

 
 
Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.
 

 

Martin’s Bar-B-Que will be the Feature at the James Beard House This Week

Bone McAllester Norton client Pat Martin, owner of Martin’s Bar-B-Que, has been asked to cook the annual barbecue dinner at the esteemed James Beard House in New York City tomorrow. He will serve an eight-course meal to 75 guests, balancing his famed Tennessee down-home cooking with the more formal set-up of the house in Greenwich Village. The menu includes pork cracklings with Big Hoss rub, sliced heirloom tomatoes from Martin’s own garden, pork spare ribs, his “Redneck Taco” and smoked wings. James Beard was a cookbook author and teacher who helped educate and mentor generations of chefs and food enthusiasts.

The Beard Foundation continues in that spirit, offering a variety of events and programs to educate, inspire, entertain and foster a deeper understanding of America’s culinary culture. One way it does so is by offering a “performance space” for visiting chefs, like Martin, to showcase their authentic cooking, drawing attention to the dishes and foods that are part of each region of the country. Martin’s Bar-B-Que has three locations in Middle Tennessee: in Nolensville, Mt. Juliet and near Belmont University. Martin also has one franchise in West Virginia.

The Tennessean has more on this story here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

David Anthony will Address Collecting Debts in General Sessions for Tennessee Bar Association

The Tennessee Bar Association will hold a general practice summit next week, and Bone McAllester Norton attorney David M. Anthony is slated as a presenter. David, who practices in the Nashville firm’s commercial lending and creditors’ rights practice, will present “Collecting Debts in General Sessions” on Friday, Aug. 15. The summit will offer education to general practitioners on trending, important topics, like David’s collection session, as well as updates in tax laws, social security disability basics, strategic marketing and eDiscovery issues.

Attendees will receive CLE credit. For more information, click here.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

Entertainment Attorney Loren Mulraine will Discuss Intersection of Law, Music & Entrepreneurship

Bone McAllester Norton entertainment attorney Loren E. Mulraine will be part of a discussion for “Live Law 6” on how law, music and entrepreneurship often intersect and how that has forever changed Nashville’s Music Row. The live storytelling event will also feature Harold Bradley, Alison Prestwood, Jason White, John Allen and special guests the Muddy Magnolias. The Life of the Law podcast and Pursuit Magazine are the co-hosts.

Live Law 6 will take place from 7 to 8:30 p.m., Wednesday, Aug. 6 at the W.O. Smith Music School. Tickets are $20 in advance and $25 at the door.

Loren serves as Of Counsel for Bonelaw, 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 he teaches courses in Copyright Law, Entertainment Law and Media Law.

For more on the Live Law 6 event, click here.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee.  Our attorneys focus on 17 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.

Today’s Tennessean Features Two Clients

In today’s Tennessean, two Bone McAllester Norton clients are featured in the “Local News” section. Acme Feed & Seed, located at 101 Broadway, has officially opened its doors. The feed supply store-turned restaurant and honky-tonk has a street-inspired food menu, features 28 regional craft beers on tap, sells Acme-branded merchandise and locally made products in its retail store and offers live music daily. Read more here.

And Ben Clemons, bartender at No. 308, bar at 407 Gallatin Ave., will compete in Bombay Sapphire gin’s Most Imaginative Bartender contest in Las Vegas. Clemons beat other area bartenders last month with his Morning Woods cocktail, which includes Maine blueberry Cocchi Americano and Kilenso cold coffee. The contest will take place on September 8, and the winner will be featured in GQ as well as will compete in the 2015 Global Finals. Read more here.

Acme Feed & Seed and No. 308 are clients of Bonelaw’s Alcoholic Beverage Law practice.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 39 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

Keep Tennessee Courts Fair & Impartial

Bone McAllester Norton's board of directors sent out a memo yesterday to friends, colleagues and clients, urging voters in Tennessee to retain the state’s current appellate judges. The question, on the current ballot, asks voters to retain or replace three members of the Tennessee Supreme Court. The board unanimously approved a resolution supporting the retention of these judges.

To read the full memo, click here.

 

Bone McAllester Norton PLLC is a full-service law firm with 39 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

Stephanie Taylor Discussed Trademarks and Copyrights to Accountants

Bone McAllester Norton intellectual property attorney Stephanie R. Taylor was the presenter to an internal meeting yesterday at KraftCPAs. Her discussion, “Understanding Copyrights and Trademarks: What is Fair Use?,” covered the basics of the law, how to acquire rights to use them and the fair use doctrine. KraftCPAs asked Stephanie to speak to their staff, who often works with those that own copyrights, including: music publishers, record labels, book publishers, authors, songwriters and visual artists. Attendees received one hour of continuing professional education credit.

Stephanie is an entertainment and music industry lawyer providing a broad range of legal services to clients involved in the creation, production and management of creative works.

Since its inception in 1958, KraftCPAs PLLC has become one of the largest, independent certified public accounting firms in Middle Tennessee. Founded by the late Joe Kraft, the firm presently has 16 members and a total staff of more than 175. With offices in Nashville, Columbia and Lebanon, the firm provides not only audit, tax and accounting but also a broad range of consulting services to meet their clients’ growing needs.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 39 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

Steve Blumenthal Explains the Difference Between EMR and EHR for HIStalk

Bone McAllester Norton attorney Steve Blumenthal authored an article for HIStalk this week, explaining the difference between an EMR (electronic medical record) and EHR (electronic health record). Both are digital versions of a patient’s paper chart, but the difference lies in what they are designed to become. The EHR provides not only patient health information but must also have the “capacity to do more—to provide clinical decision support, support physician order entry, capture and query information relevant to health care quality and exchange electronic health information with other sources.” Steve draws on an analogy of an EMR being an earthworm and an EHR being a caterpillar to further explain the difference.

Steve is a business and corporate law attorney in Nashville whose practice includes both traditional commercial transactional work and innovative technology and data privacy work. He recently held a webinar on EHR contracts with HIStalk, a healthcare IT news and opinion resource.

Click here to read more.

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 39 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

Axios LLC Builds Platform for More Companies

Bone McAllester Norton client Axios LLC, an 18-month-old start-up led by U.S. military veterans, has reported generating revenue and is now looking to expand its portfolio to include a corporate IT talent-development company. Axios serves as an aggregator for veteran entrepreneurs, helping them transition from military to civilian life. Currently, the company has four businesses under its umbrella, including FarmSpace Systems, RangerUp Logistics, AxiosTEC and Yad Consulting LLC.

Mike Jones, co-founder, majority owner and CEO of Axios, spoke with Venture Nashville Connections. Read the story here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 39 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.

A Reminder About Collection on Unpaid Legal Invoices: Wait a Year

This is an issue I've written about before over at Creditor Rights 101, in Collection on Unpaid Invoices: One Really Good Reason to Wait a Year.

But, I mention it again because the Tennessee Court of Appeals revisited the issue recently, in Scott Ostendorf, et. al. v. R. Stephen Fox, et. al. (Tenn. Ct. Apps.,  No. E2013-01978-COA-R3-CV, July 16, 2014).

In that case, the law firm committed possible malpractice regarding the perfection of a client's lien security interest rights. The issue came to light in November 2008, and the client sued for malpractice in March 2012. Clearly, the lawsuit was filed more than one year after the facts alleged to be malpractice.

This was a pretty easy one for the Court, which cited the Tennessee Supreme Court's opinion at Kohl & Co., P.C. v. Dearborn & Ewing, 977 S.W.2d 528, 532 (Tenn. 1998):

"The statute of limitations for legal malpractice is one year from the time the cause of action accrues. Tenn. Code Ann. § 28-3-104(a)(2). When the cause of action accrues is determined by applying the discovery rule. Under this rule, a cause of action accrues when the plaintiff knows or in the exercise of reasonable care and diligence should know that an injury has been sustained as a result of wrongful or tortious conduct by the defendant. Shadrick v. Coker, 963 S.W.2d 726, 733 (Tenn. 1998)."

As I said in my prior post, I'm not condoning legal malpractice, nor suggesting that you should play hard-ball in collection of unpaid invoices for services that involved malpractice. But, as I said in my last post, if you sue a client for unpaid bills, it's more than likely going to result in that client claiming malpractice, whether it's merited or not.

If you think that such a claim will be raised from vindictiveness or tactic planning, then any lawyer should sit on the unpaid bills for services for at least a year. It's an easy "summary judgment" / "failure to state a claim upon which relief can be granted" issue.

Paz Haynes & Bryan Pieper will Discuss Employment Law for Education Seminar

Bone McAllester Norton attorneys William J. (Paz) Haynes III  and Bryan E. Pieper will serve as presenters in an employment law program on August 12. Sterling Education Services' 10th annual “Employment Law: Beyond the Basics” continuing education seminar will provide information on emerging critical developments and updates, including FMLA and ADA issues, harassment and discrimination, FLSA/wage and hour crackdown, Obamacare and more.

Paz will present “Privacy and Social Media in the Workplace," addressing topics like the balance between employer’s right to know vs. employee’s privacy, wireless devices, use of social networking sites and the NLRB and social media. He concentrates his Nashville law practice in the areas of general business, labor and employment, administrative and commercial and civil litigation.

Bryan's session, "Termination Best Practices," will feature a discussion on legal considerations like the WARN Act and OWBPA; structuring severance and separation practices; RIF, layoffs and early retirement; and strategies for avoiding claims during terminations. He concentrates his practice in labor and employment law and litigation in Nashville.

HR professionals, business owners, managers, payroll professionals and labor and employment attorneys are encouraged to attend. Continuing education credits are available.

Get more information, including registration, here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 39 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 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.