In The News

Cupcakes Are Alive and Well, Says Gigi’s Cupcakes

Recently, Crumbs Bake Shop, the world’s largest cupcake company, closed, prompting many to say the cupcake craze is over. Not so, says Bonelaw client Gigi’s Cupcakes, who just opened its 93rd store last week. The successful Nashville start-up is now in 19 states across the country.

Read more about the secret behind Gigi’s success from the Tennessean 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.

Climb Nashville Slated to Serve Food and Beer

Climb Nashville, an indoor rock-climbing facility and gym, recently opened its new center on Charlotte Avenue in West Nashville. The 17,000 square-foot facility includes a workout area, yoga center and a café. Owners of the facility worked with Bone McAllester Norton’s Alcoholic Beverage Law attorneys to secure the appropriate beer licensing and hope to start serving food and beer soon.

The Nashville Business Journal featured a slideshow on the new space. Click here to see 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.

Meet the Men Behind Nashville’s OZ

Bone McAllester Norton client OZ Nashville was featured in a cover story in last week’s Nashville Business Journal. The contemporary arts center just closed on its inaugural season—dubbed “Brave New Art”—and reporter E.J. Boyer sat down with Cano and Tim Ozgener, the father and son duo who founded OZ, to get a peek into the story behind the revolutionary arts venue.

Cano Ozgener, an Armenian-Turk who immigrated to the United States in the 1960s to study mechanical engineering at Columbia University, fell in love with New York City’s art scene while in college. He moved to Nashville later that decade for a job at DuPont, and after word got out about his hobby making smoking-pipe stems, he founded CAO International, which then led to the humidor and cigar-making business. His son, Tim, had joined him in the business at a young age, and they sold it in 2007 to a European tobacco giant. Art was their next venture.

They wanted to bring an arts venue that reflected where Nashville wants to be—or should be—in the contemporary arts world. Looking at nearly 4,500 attendees in its first five months, OZ’s inaugural season can be counted as a success. Hosting everything from theater and dance to classical music, the blank space at OZ is able to accommodate a variety of performances. Read more about the Ozgeners and what they have planned for their second season 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.

Liquor Attorneys Working to Open Spirits Distillery and Tasting Room in Memphis

Bone McAllester Norton’s Alcoholic Beverage Law team is working to secure the appropriate licensing for D. Canale & Co., who announced its plans to build and open a spirits distillery and tasting room in downtown Memphis. The nearly 55,000 square-foot facility, housed in a 1920s-era warehouse at 301 S. Front St., will produce and bottle premium distilled spirits. The $5 million project, named Old Dominick, will open next fall.

The Memphis Business Journal has more on this 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 Retail Perspective on Alcohol Laws” with Leading Liquor Attorney Will Cheek

Bone McAllester Norton’s William T. Cheek presented the keynote address at last week’s ICSC Tennessee/Kentucky Idea Exchange and Alliance Program with Keith Bell, director of the Tennessee Alcoholic Beverage Commission.

The International Council of Shopping Centers (ICSC) is the global trade association of the retail real estate industry and provides its members with education, research, information and advocacy services. Public and private sectors will be able to network, share ideas, discuss industry issues and explore development opportunities through the Alliance Program. Will spoke on Wednesday, July 9, at the Music City Center in Nashville, Tenn.

As the only Tennessee attorney named Best Lawyers in America for Food and Beverage Law, Will leads Bonelaw’s Alcoholic Beverage Law team and provides licensing and regulatory compliance advice to restaurants, hotels, bars, clubs, craft distilleries and breweries.

 

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.

Bonelaw’s Alcoholic Beverage Team Assists in $70 Million Hotel Transaction

Bone McAllester Norton's alcoholic beverage law team helped in a multimillion dollar transaction of the DoubleTree hotel in downtown Nashville. Chicago-based Walton Street Capital, a private-equity real estate investment firm, paid nearly $70 million dollars for the 337-room property at 315 Fourth Avenue N.  Attorneys C. Tucker Herndon and William T. Cheek III, along with paralegal Vicki Schmidt, helped to secure the beer permit for the bar in the hotel's lobby yesterday, so service will not be interrupted during the transition of ownership.

Read more about this deal from the Nashville Business Journal 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.

Sumner Teen Center Provides Safe Environment for High School Students

A new afterschool program providing fun, balanced activities for area high school students has opened in Gallatin, Tennessee. Bone McAllester Norton attorneys helped Shari and Randy Campbell, founders of Sumner Teen Center, start the nonprofit and obtain its 501(c)(3) status. The organization aims to provide a safe, positive environment for teens throughout the county and give them valuable life skills for the future. Students are able to play games, listen to live music, get homework help, receive interviewing and job search skills and learn about service volunteering. Parents also benefit from Sumner Teen Center; workshops on financial aid and college/technical school options, as well as monthly forums, are offered to help them guide their children in the right direction. The 4,000-square-foot facility opened last month and is free for all Sumner County students in and entering into high school.

“This program is something our county needed, even if we didn’t know we needed it,” said Marshall T. Cook, an attorney in Bonelaw’s Sumner County office. “It was a privilege working with the Campbells to help bring their dream to reality. And as a parent, I am excited about a program that will help prepare kids in Sumner County to be successful in all areas of their lives.”

The Tennessean recently featured the center’s opening. Click here to read the article.

 

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.

Stephen Zralek Selected for Leadership Nashville

Congratulations to Bone McAllester Norton attorney Stephen J. Zralek, who was chosen for Leadership Nashville’s 2014-15 program. Stephen will be among the 44-member class who will embark on a nine-month program designed to assist local community leaders in their roles as decision-makers. More than 215 people applied for the program.

Stephen focuses his Nashville law practice in intellectual property litigation, entertainment litigation and business litigation.

 

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.

Nashville’s First Raw Foods Restaurant Slated for Fall Opening

Bone McAllester Norton’s Alcoholic Beverage Law team is helping two Nashville entrepreneurs open the city’s first raw foods restaurant. Avo, slated for a September opening, will feature a menu that has 100 percent plant-based offerings, including a superfoods salad bar, tree nut cheeses, beers, liquors and cocktails. The restaurant will be located at 28th Avenue North and Charlotte Avenue in West Nashville. Read more from the Tennessean 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.

Breach of Contract Requires Proof of Three Elements in Tennessee

Last week, the Tennessee Court of Appeals issued a new opinion, National Door & Hardware Installers, Inc. v. Hassan Mirsaidi, No. M2013-00386-COA-R3-CV (filed June 30, 2014). This is a construction dispute on a project in Nashville, Tennessee, but it reviews a number of legal issues and it's a good read on those issues.

Breach of Contract:  Notable excerpts include:

Elements: "In a breach of contract action, the plaintiff is responsible for proving “(1) the existence of an enforceable contract, (2) nonperformance amounting to a breach of the contract, and (3) damages caused by the breach of contract.” BancorpSouth Bank, Inc. v. Hatchel, 223 S.W.3d 223, 227 (Tenn. Ct. App. 2006).

"The purpose of assessing damages in breach of contract cases is to place the plaintiff as nearly as possible in the same position she would have been in had the contract been performed, but the non-breaching party is not to be put in any better position by recovery of damages for the breach of the contract than he would have been if the contract had been fully performed.” Lamons v. Chamberlain, 909 S.W.2d 795, 801 (Tenn. Ct. App. 1993). Therefore, the injured party is not entitled to profit from the defendant’s breach." Action Ads, Inc. v. William B. Tanner Co., Inc., 595 S.W.2d 572, 575 (Tenn. Ct. App. 1979).

"Our courts permit the recovery of damages that are the normal and foreseeable result
of a breach of contract. Wilson v. Dealy, 434 S.W.2d 835, 838 (Tenn. 1968); Moore Const. Co., Inc. v. Clarksville Dep’t of Elec., 707 S.W.2d 1, 14 (Tenn. Ct. App. 1985).

"In the context of a construction contract, it is “reasonably foreseeable that a contractor whose ability to complete its work is impaired by the general contractor and whose performance is thereby substantially delayed will suffer direct damages and that the extent of these damages will depend upon the unique facts of each case.” Moore, 707 S.W.2d at 15. Such damages can include increased payroll and other labor costs, increased material costs, loss of efficiency of the use of equipment, extended bonding and insurance coverage, and other increased overhead items that can reasonably be attributed to the performance of the work that was delayed." Id; see generally Foster & Creighton Co. v. Wilson Contracting Co., 579 S.W.2d 422, 428 (Tenn. Ct. App. 1978).

"Determinations concerning the amount of damages are factually driven. Thus, the amount of damages to be awarded in a particular case is essentially a fact question. However, the choice of the proper measure of damages is a question of law to be decided by the court." Beaty v. McGraw, 15 S.W.3d 819, 827 (Tenn. Ct. App. 1998).

"A plaintiff who seeks damages caused by a breach of contract “is responsible for proving . . . the damages caused by the breach of contract,” BancorpSouth Bank, Inc., 223 S.W.3d at 227, and when assessing a claim for damages, our goal “is to place the plaintiff as nearly as possible in the same position she would have been in had the contract been performed,” and “the non-breaching party is not to be put in any better position by recovery of damages for the breach of the contract than he would have been if the contract had been fully performed.” Lamons, 909 S.W.2d at 801.

Proof of Damages:

"Courts will allow damages for breach of contract even where it is impossible to prove the exact amount of damages, Provident Life and Accident Ins. Co. v. Globe Indemnity Co., 3 S.W.2d 1057, 1058 (Tenn. 1928), and proof within a reasonable degree of certainty is all that is required, Buice v. Scruggs Equip. Co., 267 S.W.2d 119, 125-26 (Tenn. Ct. App. 1953).

"However, “uncertain, contingent, or speculative damages” should not be awarded." Maple Manor Hotel, Inc. v. Metro. Gov’t of Nashville and Davidson Cnty., 543 S.W.2d 593, 599 (Tenn. Ct. App. 1975).

Tennessee's Trust Fund Statute:  The Court considered the claims that the general contractor deposited all funds into one account and freely transferred the funds into non-project accounts, in apparent violation of Tenn. Code Ann. § 66-11-138 and Tenn. Code Ann. § 66-11-140.

In stating that "Intention to defraud is a question of fact," Keith v. Murfreesboro Livestock Mkt., Inc., 780 S.W.2d 751, 754 (Tenn. Ct. App. 1989), the Court found that the general contractor's various transfers between his accounts appeared tied to an effort to increase interest rate  returns, not to defraud.

This finding is in contrast to the strict liability apparently imposed in Tenn. Code Ann. § 66-11-140.

Tennessee Courts will give Pro Se Litigants "Some Leeway," But Not Much

Some of the hardest trials to handle aren't when there's a good attorney on the other side. Instead, the toughest cases can be when there's a non-attorney on the other side, meaning the other party is representing himself.  In the legal world, this is called "pro se" representation.

With a lawyer on the other side, there's an expectation that they know the rules of civil procedure, the local rules, and the relevant law. As a result, you can expect that you will be able to cut to the chase and narrow the issues.

With a pro se litigant, everything could be at issue and, worse, a pro se party probably doesn't know the rules of the court, meaning objection deadlines will be missed and all other types of procedural missteps can occur. This places the lawyer and the Judge in a strange situation--do you hold the pro se litigant to same standards as a party who goes to the trouble of hiring a lawyer? Shouldn't they  be held to that standard?

A recent Tennessee Court of Appeals case (click here to review) considered that issue in a dispute where a property owner was fighting a foreclosing creditor. The Court noted that "there are a multitude of problems with Defendant’s brief," including a complete failure to comply with the Tennessee Rules of Appellate Procedure.  The Court called the pro se filing "a rambling and, at times, incoherent brief."

The Court went on to say it “must not excuse pro se litigants from complying with the same substantive and procedural rules that represented parties are expected to observe.” Young v. Barrow, 130 S.W.3d 59, 63 (Tenn. Ct. App. 2003). "It is well-settled that, '[w]hile a party who chooses to represent himself or herself is entitled to the fair and equal treatment of the courts, [p]ro se litigants are not . . . entitled to shift the burden of litigating their case[s] to the courts.'” Chiozza v. Chiozza, 315 S.W.3d 482, 487 (Tenn. Ct. App. 2009). However, “[t]he courts give pro se litigants who are untrained in the law a certain amount of leeway in drafting their pleadings and briefs.” Young, 130 S.W.3d at 63.

This is good text to remember the next time a person appears on their own behalf in a matter. This frequently happens in debt collection cases for the obvious reason: if a person can't pay their bills, then how can they afford to hire a lawyer.

 

Charles Robert Bone Selected to Second Leadership Tennessee Class

Bone McAllester Norton attorney Charles Robert Bone has been selected to the 2014-15 class for Leadership Tennessee, the second class to go through the program. Thirty-one members from across the state were chosen for the leadership education program designed to cultivate a network of business, nonprofit, education and government leaders who are committed to addressing the state’s challenges and opportunities. Lipscomb University’s Nelson and Sue Andrews Institute for Civic Leadership announced the class members in a press release yesterday.

“I strongly believe that this experience will help the participants personally and will help make our state stronger,” Tennessee Governor Bill Haslam said in a press release. “When we learn more about other parts of the state, we understand issues more fully and can make more collaborative, informed decisions. I also appreciate the thought leadership of this group. This is a great program for Tennessee.”

Charles Robert concentrates his Nashville law practice in the areas of mergers and acquisitions, corporate governance and advising emerging businesses, entrepreneurs, officers, directors and governmental entities. He currently serves as the general counsel for the Convention Center Authority of the Metropolitan Government of Nashville and Davidson County.

Congratulations on this well-deserved recognition!

 

 

 

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.

Attorney Mandy Strickland Floyd Joins Nashville’s Bone McAllester Norton

News Release

NASHVILLE – The law firm of Bone McAllester Norton PLLC announced today the addition of attorney Mandy Strickland Floyd.

“Mandy is a great addition to our team,” said Charles W. Bone, founder and chairman of Bone McAllester Norton. “She brings a valuable perspective from her experience working with the Honorable Richard Dinkins and her advocacy work against racism, poverty and domestic violence.”

Mrs. Floyd served as the Senior Judicial Clerk for the Honorable Richard H. Dinkins on the Tennessee Court of Appeals.  She focuses her practice in Litigation and Dispute Resolution, Intellectual Property and Labor and Employment Law.  She is the firm’s 39th attorney.

She is a member of the Lawyers’ Association for Women and currently serves as the Diversity Committee Co-Chair.

Prior to pursuing a legal career, Mrs. Floyd became a certified chocolatier and started her own business. She opened an artisan chocolate company in Franklin, Tennessee, which became one of Nashville’s top chocolate shops.

She received her Juris Doctor degree from The University of Memphis, Cecil C. Humphreys School of Law and her Bachelor of Arts degree from Vanderbilt University.

 

Alex Little Weighs in on Drone Memo that Justifies Killing of American Islamic Militant

Bone McAllester Norton attorney Alex Little appeared on FOX News yesterday in a story on the release of a memo formally acknowledging the CIA’s role in a drone program that resulted in the 2011 killing of an American Islamic militant. Talking to anchor Shepard Smith, Alex commented on how the U.S. government justified the killing of Anwar al-Awlaki without due process of law. “They justify it predominately under the theory that he’s an enemy, we’re at war, and we can kill enemies at war. That’s the base motivation that’s going on behind this memo.” They discussed possible concerns over a government making exceptions to the legal course in the future, based on this occurrence.

See the full interview 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.

Will Cheek will Moderate Panel Discussion at National Liquor Conference This Week

Bone McAllester Norton attorney and alcohol law “guru” William T. Cheek III will moderate a panel discussion this Wednesday, June 18, 2014, at the National Conference of State Liquor Administrators’ (NCSLA) annual conference. Will, who heads up Bonelaw’s Alcoholic Beverage Law practice group, will be joined by the director of the Arkansas Alcoholic Beverage Control Division, the former chief operating officer of the Virginia Alcoholic Beverage Control Board and the senior manager and attorney of regulatory affairs of The Boston Beer Company in “Cider Regulation 101.” During the past five years, cider sales have dramatically increased, leaving industry members and regulators to sift through statutes to determine how the beverage is classified and controlled.

The panel will discuss highlights of a 50-state survey of state regulators on relevant cider guidelines, identify areas where cider is regulated differently and provide guidance on areas to watch when selling cider in the United States.

The NCSLA was established in 1934 to promote the enactment of the most effective and equitable types of state alcoholic beverage control laws and provide a forum for networking among the regulators and industry. Several hundred liquor professionals will attend the conference, including federal and state regulators; global spirit, wine and beer manufacturers; national alcohol trade groups; and liquor licensing professionals. This year’s conference is taking place at The Westin Riverwalk in San Antonio.

Click here for 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.

The Attorney’s Online Marketing Essentials with David Anthony

Bone McAllester Norton attorney David M. Anthony will present a webinar on online marketing, including websites and social media, in conjunction with Alabama Law Weekly and Tennessee Attorneys Memo. “The Attorney’s Online Marketing Essentials: Using Websites and Social Media to Promote Your Practice” will take place Thursday, July 10, 2014 from 2 to 3 p.m. Central. The webinar has been approved for 1.0 CLE hours.

David will discuss how clients are using social media to find and engage with lawyers, the essentials for law firm websites, how lawyers should effectively blog and will cover the advantages and disadvantages of other online marketing options, including LinkedIn, Avvo, Martindale-Hubbell listings, Google+, etc.

David is a member of Bonelaw’s Commercial Lending and Creditors’ Rights, Banking and Financial Services and Real Estate Law practice groups. He maintains and publishes two blogs, CreditorsRights101 and PaidInFull, Tweets at @creditorlaw and is a regular author and guest speaker on topics related to bankruptcy, post-judgment collections strategies, foreclosures, ethics and trial practice.

 

 

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.

“Take Victim’s Rights Seriously,” Ed Yarbrough Tells the Tennessean

Bone McAllester Norton attorney Edward M. Yarbrough spoke with the Tennessean yesterday about how the state’s laws on open records, fair trials and victims’ privacy rights converge as cases move through the courts. The subject was the Vanderbilt rape case, which was heard in appeals court Monday. A media coalition filed lawsuit after being denied case information, including text messages sent between players and coaches following the incident that took place last June in a Vanderbilt dorm. Presiding Judge Frank G. Clement, Jr. questioned why media should have access to such records prior to the trial.

“. . .if we need to go a little further than we would like to restrict the Public Records Act, then we should do it,” Ed told reporter Tony Gonzalez. “The time has come to take victim’s rights seriously and put them right up there with civil rights and all constitutional rights.”

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.

Bonelaw Attorney James Mackler will Make Presentation on How New and Changing Laws on Drones will Impact Your Clients

Bone McAllester Norton attorney James E. Mackler will speak at an upcoming Nashville Bar Association presentation on drones and how new and developing laws will impact clients. The lunch and learn program, “Drones: How New and Evolving Federal and State Laws on Unmanned Aerial Systems (UAS) will Impact Your Clients,” will take place from 11:30 a.m. to 1 p.m. on Tuesday, June 17, 2014 at the Nashville Bar Association’s office in downtown Nashville. The course has been approved for 1.0 CLE hours.

James will discuss proposed legislation on drones and how it is expected to ban all use by civilian, except as specifically authorized, as well as how businesses and law enforcement are increasingly using the devices in ways that are outside of, or in violation of, the legal framework. Corporate counsel, civil rights attorneys, criminal defense, insurance defense and plaintiff attorneys, government attorneys and prosecutors are encouraged to attend.

James concentrates his practice in the areas of federal criminal defense, regulatory compliance and civil litigation, where he has 15 years of experience defending and prosecuting criminal cases at the state, federal and military levels. He is the founder of Bonelaw’s unmanned aerial systems focus, the first of its kind in the region.

More information on the presentation, including how to register, can be found 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.

Rob Pinson will Present in “Shine and Wine” CLE

Bone McAllester Norton attorney Robert D. Pinson has been selected as a panelist to address the latest in alcohol and wine legislation at the Tennessee Bar Association’s 2014 Convention. “Shine and Wine” will address the latest in the wine in grocery stores legislation, as well as an insider’s look at the rules surrounding the craft distilling of moonshine. Joining Rob are Rep. Mike Carter, R-Ooltewah, Sen. Doug Overby, R-Maryville and two attorneys from Gullet Sanford Robinson & Martin PLLC.

The TBA’s convention takes place this Wednesday through Saturday in Gatlinburg. “Shine and Wine” is slated from 2 to 5:15 p.m. on Friday, June 13, at the Park Vista Hotel.

Rob concentrates his practice in the areas of business law, tax law, estate planning, Alcoholic Beverage Law and campaign finance law.

More information on the convention, including how to register, can be found 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 Talks to USA Today about 2 Live Crew Copyright Infringement Case

Bone McAllester Norton attorney Stephen J. Zralek was asked to weigh in on 20th anniversary of the seminal U.S. Supreme Court copyright infringement decision involving Roy Orbison and 2 Live Crew.  His opinion was included in a story with USA Today.

The case followed a lawsuit that Acuff-Rose, a publishing company in Nashville, filed against 2 Live Crew, a rap group, over the use of Roy Orbison’s song Oh, Pretty Woman.  After declining permission for 2 Live Crew to use the song in a parody, the rap group did it anyway, and the publishing company filed suit for copyright infringement.  U.S. District Judge Tom Wiseman, for whom Stephen clerked after law school, held that 2 Live Crew was not liable for copyright infringement because its parody constituted fair use.  The Sixth Circuit reversed, but the U.S. Supreme Court agreed with Judge Wiseman and held that just because the parody was for a commercial purpose did not deprive 2 Live Crew from asserting fair use. As Stephen explained to the reporter, “To me, the Campbell v. Acuff-Rose case is still the gold standard when it comes to fair use.”

Stephen is an AV-rated, SuperLawyer who helps individuals and business clients from the technology, creative and entrepreneurial fields resolve disputes through intellectual property litigation, business litigation and entertainment litigation.

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