In The News

Whiskey Shortage Predicted, Bonelaw Clients Respond in Tennessean Story

Today’s Tennessean features a front-page story on a predicted whiskey shortage that may occur in the near future. According to distillers and whiskey observers, the demand for the product has soared, particularly whiskey made in Tennessee, which has become the most popular variety. Whiskey has experienced an explosion due to baby boomers coming back to the fold, millennials turning to whiskey from craft beer and vodka and consumers from across the globe trying it for the first time. Because of the aging process required to make whiskey, the time between distilling hooch and it hitting store shelves may account for a serious shortage.

Bonelaw clients TennSouth Distillery, Corsair Artisan Distillery, Short Mountain Distillery and Phil Prichard, who opened Prichard’s Distillery at Fontanel last year, were featured in the article.

Read more 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 Discusses Ban on Drones for Farmers with SmartPlanet

Bone McAllester Norton attorney James E. Mackler, who leads the firm’s unmanned aerial systems focus, recently talked about the government’s ban on drones for farmers with SmartPlanet, an online magazine that covers business, technology and design. Currently, Federal Aviation Administration regulations prevent farmers from using drones for precision agriculture applications, proactively monitoring all crop activities. Hobbyists are the only people allowed to use drones now, and the main concerns about them concern airspace safety and privacy.

“Typically you’re talking about a farmer flying in a very sparsely populated area over his own property, at low altitudes,” he told the magazine. “So there’s very little risk of collision. . .and much-reduced privacy issues.”

 

 

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.

Twelve Bonelaw Attorneys Named to 2014 Best Lawyers in America List

Bone McAllester Norton is excited to announce that 12 of its attorneys have been named to the 2014 “Best Lawyers in America” list, revealed in today’s Wall Street Journal and Tennessean. Three of the twelve were also named “Lawyers of the Year.”

The following list represents the attorneys named to the respective practice area lists:

Administrative/Regulatory Law

Charles Robert Bone

Charles W. Bone

Banking & Finance Law

Trace Blankenship

Sam J. McAllester III

C. Michael Norton

Jack F. Stringham II

Bankruptcy & Creditor Debtor Rights/Insolvency & Reorganization Law

Sam J. McAllester III

Criminal Defense: Non-White Collar

Edward M. Yarbrough

Criminal Defense: White Collar

Edward M. Yarbrough

DUI/DWI Defense

Edward M. Yarbrough

Food & Beverage Law

William T. Cheek III

Intellectual Property Law

Paul W. Kruse

Labor & Employment Law

Larry W. Bridgesmith

Anne C. Martin

Non-Profit/Charities Law

William T. Cheek III

Personal Injury Litigation—Plaintiffs

John P. Branham

Real Estate Law

Jack F. Stringham II

Lawyers of the Year

Edward M. Yarbrough—Criminal Defense: White Collar

Anne C. Martin—Litigation: Labor & Employment

John P. Branham—Personal Injury Litigation: Plaintiffs

 

Congratulations to each of them on representing their practice and the firm well!

 

 

 

 

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 Crumlin Will Speak at an Upcoming American Constitution Society Panel

Bone McAllester Norton attorney James A. Crumlin, Jr. will serve as a panelist at next month’s meeting of the Nashville Chapter of the American Constitution Society. “Behind the Black Robe: Demystifying Post-Graduate Judicial Clerkships” will feature James; an associate at Branstetter, Stranch & Jennings, PLLC; a law clerk; and a shareholder at Dodson Parker Behm & Capparella. James is a former law clerk to then Magistrate Judge William J. Haynes, Jr, U.S. District Court for the Middle District of Tennessee.

The panel discussion will take place from noon to 1 p.m. on Wednesday, June 18 at the Office of the Federal Public Defender in downtown Nashville.

 

 

 

 

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.

Anne Sumpter Arney Recommends Talking to Five Specific People Before Starting Your Business

Bone McAllester Norton attorney Anne Sumpter Arney talked to Bplans this week, outlining the five people most important for any entrepreneur to talk to before starting a business. She says those people include your spouse, a lawyer, an accountant, a trusted adviser or business coach and a banker. “The smart way to start a business is with as much information as possible. By talking to these five people, you’ll start your business on solid footing,” she said.

Click here to read the full article.

 

 

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.

Want to Avoid Garnishment of Your Wages? Find a Job Where You are Paid in Cash Tips

Judgment debtors with non-traditional employment are always a headache to collect from. This includes self-employed people, independent contractors, and people who work for tips.

Here, I'm talking about waiters, valets, and anybody else who may earn a nominal hourly rate, but the bulk of their income comes from tips or gratuities. How do you garnish $5 in cash handed to a valet?

In Tennessee, you can't. The Tennessee Court of Appeals recently considered the issue of whether tips reported by the Garnishee's employees are to be included in the calculation of disposable earnings for the purposes of garnishment in determining the withholding under the garnishment statute, Tenn.Code Ann. § 26–2–106.

This case was Erlanger Med. Ctr. v. Strong, 382 S.W.3d 349, 351 (Tenn. Ct. App. 2012). In that case, the judgment debtor was a server at Shoney's.  In deciding whether tips could be garnished, the Court looked at how "wages" was defined in Tenn.Code Ann. § 26–2–102 (which suggested that tips are included), but the Court went on to note that federal law excludes tips from garnishment because tips "do  not pass to the employer."

This makes sense, because how can an employer withhold 25% of funds that it never has control over?

As a result, a judgment debtor whose primary income comes from tips and gratuities (that do not pass through the employer's hands) may be able to escape garnishment.

But, where the tips are paid via the employer, there's still a chance that those funds can be captured. Since at least 75% of restaurant transactions are paid via credit card (including payment of tips), there's a strong argument that such tips could be garnished if the employer disbursed those tips in the form of a paycheck.

Final Rule for Cooling Water Intake Structures-Existing Electric Generating Plants and Factories

By Sharon O. Jacobs

On May 19, 2014, the U.S. EPA released the final regulation to the Clean Water Act that follows through on a settlement agreement where they agreed to issue regulations aimed at reducing injury and death to fish and aquatic life caused by cooling water systems at large power plants and factories. Section 316(b) of the Clean Water Act requires National Pollutant Discharge Elimination System (NPDES) permits for facilities with cooling water intake structures to ensure that the location, design, construction and capacity of the structures reflect the best technology available to minimize harmful impacts to the environment. The rule applies to facilities that use cooling water intake structures and have or require an NPDES permit.

Many industrial sectors are affected (see the definitions in 40 CFR 125.81, 125.91 and 125.131). The new rule covers roughly 1,065 existing facilities that are designed to withdraw at least 2 million gallons per day of cooling water. EPA estimates that 521 of these facilities are factories, and the other 544 are power plants.

  • • Existing facilities that withdraw at least 25 percent of their water from an adjacent waterbody exclusively for cooling purposes and have a design intake flow of greater than 2 million gallons per day are required to reduce fish impingement under the final rule. The owner or operator of the facility will be able to choose one of seven options for meeting best technology available requirements for reducing impingement.

  • • Facilities that withdraw large amounts of water--at least 125 million gallons per day--are required to conduct studies to help their permitting authority determine whether and what site-specific controls, if any, would be required. This process will include public input.

  • • New units that add electrical generation capacity at an existing facility are required to add technology that achieves one of two alternatives under the national best technology available standards for entrainment for new units at existing facilities. The two alternatives are explained in the regulation.


For more detailed information regarding the new Section 316(b) Clean Water Act rule, visit the Federal Register website.

Corsair Distillery Announces Expansion into South Nashville

Bone McAllester Norton client Corsair Distillery announced plans to expand into the growing Wedgewood-Houston neighborhood in South Nashville last week. Owner Darek Bell told the Nashville Business Journal that the move is necessary to keep up with demand. The new space, totally 30,000 square feet, will be responsible for distilling and barreling the artisan liquor.

Read more about the expansion 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.

Heritage Financial Group Combines with Kemmons Wilson Insurance Group

Bone McAllester Norton attorneys Rick Nickels and Charles W. Bone recently represented Nashville-based Heritage Financial Group LLC in a merger-like transaction with Memphis-based Kemmons Wilson Insurance Group, expanding Heritage Financial Group’s employee benefits and insurance services across the country. Steve Botts continues as president of HFG, with all HFG personnel remaining. HFG’s main office will remain in the Nashville area with an additional office in Memphis. As the employee benefits marketplace has continued to change and evolve, the merger will provide a greater range of benefits and insurance offerings from the now-combined independent brokerage firm, Botts said.

Read more about the merger 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, Anne Martin will Speak at Restaurant CLE

Bone McAllester Norton attorneys Robert D. Pinson and Anne C. Martin are scheduled speakers at a CLE focusing on the business and law of restaurants that the Tennessee Bar Association is holding next month. “Restaurant CLE: Serving Up Success at the Corner of Law and Food” will take place Friday, June 27 at the Tennessee Bar Center in Nashville. This CLE is designed for business lawyers and will cover everything from business formation and taxes to licensing and employment law in the restaurant industry.

Rob, one of Bonelaw’s Alcoholic Beverage Law attorneys, will present “The Business of Restaurants” from 8:30 to 9:30 a.m. and then will join Ginna Winfree, the assistant director at the Tennessee Alcoholic Beverage Commission, for “Liquor License” from 3:30 to 4:30 p.m.

Anne, a prominent Labor & Employment Law attorney, will present on HR-related issues from noon to 1 p.m.

More information, 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.

Charles Robert Bone Announces Run for Mayor, Talks to Tennessean

Bone McAllester Norton attorney Charles Robert Bone announced his run for Nashville’s next mayor today. A prominent businessman and Democratic Party fundraiser, Charles Robert starting thinking about running at the end of last year. Wanting to continue the momentum the city has experienced in recent years, he believes the focus must also turn to being fiscally responsible. “The more I thought about it and the more conversations I had, I became convinced that Nashville was at a real crossroads, and I didn’t think we could afford to do anything to take a step back,” he told Tennessean reporter Michael Cass. “I think we need to continue to be bold but fiscally responsible in how we go forward.”

The election will take place in August 2015. Charles Robert will hold a kickoff and fundraising event on June 25.

To read the full Tennessean interview, click here.

Click here to read Charles Robert's official announcement, 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.

Bone McAllester Norton’s Charles Robert Bone, Will Cheek, Anne Martin and Stephen Zralek Selected to Nashville Business Journal’s "Best of the Bar"

Congratulations are in order to four Bone McAllester Norton attorneys, who have been selected to the Nashville Business Journal’s “Best of the Bar” list, announced today: Charles Robert Bone, William T. Cheek III, Anne C. Martin and Stephen J. Zralek. The publication solicited nominees in three size categories, plus a corporate counsel category, and nominees voted on each other, determining the final selection of 80 attorneys.

They will be recognized during a reception on June 26 at the Nashville City Club.

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.

 

 

Nashville Craft Distillery to Open in Wedgewood-Houston Neighborhood

Bone McAllester Norton client Bruce Boeko has plans to open a new distillery and tasting room in the Wedgewood-Houston neighborhood of Nashville in late summer or early fall, the Nashville Business Journal reports. He will produce whiskey and brandy, among other spirits, in 3,700 square feet of space being developed at the corner of Hagan and Chestnut streets. Nashville Craft Distillery will join the ranks of Nashville’s growing local craft distillers.

Bonelaw’s Alcoholic Beverage Law group is helping Boeko with his liquor licensing needs.

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 Adds Entertainment Attorney Loren Mulraine

Bone McAllester Norton PLLC announced today the addition of entertainment attorney and Belmont Law professor Loren E. Mulraine. He is the law firm’s 38th attorney.

“Loren is a dynamic attorney who brings unique experience from a career based in the entertainment industry and the college classroom,” said Charles W. Bone, founder and chairman of Bone McAllester Norton. “We look forward to sharing his depth of experience with our clients and sharing our firm’s full-service expertise with Loren’s clients.”

Mulraine will serve as Of Counsel at Bone McAllester Norton, where he will focus his practice on entertainment law, intellectual property and business and corporate law. He will continue in his role at Belmont University College of Law, teaching courses in Copyright Law, Entertainment Law, Media Law and Intellectual Property Law.

In the entertainment industry, Mulraine’s client roster has included Grammy, Dove and Stellar award winners; gold, platinum and multi-platinum selling artists; producers and songwriters; entrepreneurs; filmmakers; and management companies. Mulraine himself is an independent recording gospel artist and songwriter.

Prior to joining Bone McAllester Norton, his professional career spanned from an on-air radio personality and music production to serving as a government contracts attorney with the Federal Aviation Administration in Washington, D.C.  He also previously was a full professor and chair of the Department of Recording Industry at Middle Tennessee State University, where he taught for 14 years.

A graduate of the University of Maryland and the Howard University School of Law, Mulraine is a member of the Tennessee Bar Association, National Bar Association, Nashville Bar Association, the Tennessee Intellectual Property Lawyers Association, the Institute for Intellectual Property and Social Justice, Black Entertainment and Sports Lawyers Association, The Recording Academy (Grammy-voting member) and the Gospel Music Association.

For more information, visit 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, call 615-238-6300 or visit www.bonelaw.com.

Charles W. Bone Receives Humanitarian Award in Sumner County

Charles W. Bone, founder and chairman of Bone McAllester Norton PLLC, received the Leimenstoll/Martin Humanitarian Award from the Gallatin Shalom Zone during their 4th Annual Gala Tribute Dinner on April 25.

The Leimenstoll/Martin Humanitarian Award was established to recognize character, strength and unwavering integrity and human compassion. The award is given to individuals who have helped to make others’ lives better through bold dedication to serve and strong faith in the human spirit.

Charles is a longtime contributor to the Middle Tennessee nonprofit community, serving a number of organizations, including Tennessee Immigrant and Refugee Rights Coalition, Youth Life Learning Centers, Conexion Americas, Cumberland Region Tomorrow and the American Heart Association. He is the first Emeritus member of the Board of Directors of Salvus, Inc., an initiative he founded with a local physician to provide quality healthcare to uninsured individuals.

The Gallatin Shalom Zone is an organization designed and created to engage residents of Gallatin’s Clearview community in the work of healing, peace, reconciliation, justice and love, so that the citizens can grow beyond their current circumstances and, together, live as a beloved community. A densely populated inner-city neighborhood, Clearview residents face challenges of poverty, crime and inadequate education.

Since its inception in 1996, Gallatin Shalom Zone has offered educational programs, provided scholarships, organized health fairs, created mentoring programs for at-risk youth and worked with city officials to improve Clearview Park.  Drug activity and crime in Clearview are on the decline, and pride of ownership and responsibility are on the rise.

Bone McAllester Norton PLLC is a full-service law firm with 37 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 Discusses Tourism Leaders’ Push for Haslam to Veto Liquor Law with the Tennessean

Bone McAllester Norton attorney William T. Cheek III was interviewed by Nate Rau, reporter with the Tennessean, yesterday regarding the Tennessee Hospitality and Tourism Association asking Gov. Bill Haslam to veto a bill. The amendment, sponsored by state Rep. Curry Todd, R-Collierville, would require restaurants, bars and hotels to pay liquor and wine wholesalers on delivery of the product, rather than keeping with the 10-day grace period that has been in place since the early 1980s. Those in the tourism and hospitality industry say this grace period is critical during busy periods, like the week of the CMA Festival and the Fourth of July holiday. They have spoken out about the bill as word of its impact has been made public. The bill would largely impact small business owners without the resources to pay for big bulk purchases.

Will told the Tennessean that a veto would be difficult to get, as the legislation was widely considered a good idea. It helps wineries run satellite locations, sell at festivals and charge for tasting samples. “It would punish the wrong people if he [vetoed] it,” he said.

Will leads the Alcoholic Beverage Law group at Bone McAllester Norton.

Click here to read the full story.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 37 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.

Stacey Garrett Honored by the YWCA in Legal Challenge

Bone McAllester Norton founding member and chairperson of the board of directors Stacey A. Garrett was honored by the YWCA Nashville & Middle Tennessee during their annual spring breakfast on Tuesday, April 22, 2014. Stacey participated in the organization’s Legal Challenge, where those in the legal community learned more about domestic violence, took a test for CLE credit and donated to the YWCA. The Legal Challenge began in November 2013 and concluded at the end of February 2014. Stacey was one of three award winners yesterday, receiving recognition for giving the greatest financial gift to support the YWCA’s Domestic Violence Services.

Stacey concentrates her practice in the areas of higher education, corporate transactions, healthcare and government affairs.

During their spring breakfast, the YWCA was able to raise more than $200,000.

 

Bone McAllester Norton, YWCA Nashville

Nashville Mayor Karl Dean, Stacey Garrett and District Attorney General Torry Johnson III
 

Bone McAllester Norton PLLC is a full-service law firm with 37 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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Anne Sumpter Arney Chosen as a “Health Care Hero” by the Nashville Business Journal

Congratulations to Bone McAllester Norton attorney Anne Sumpter Arney, who was today named by the Nashville Business Journal as a “Health Care Hero” for 2014. The award is in the “Health Care Professional Services” category. The eighth annual Health Care Heroes awards honor the leaders, innovators and strategists whose work helps grow the region’s healthcare industry.

A third-generation lawyer and active community leader, Anne leads the Healthcare Law practice group at Bonelaw, focusing her efforts on legal issues that affect non-hospital and non-insurance healthcare providers.

Anne and the 30 other winners, will be honored at an awards luncheon on June 6 at the Loews Vanderbilt Hotel.

Click here to read more.

 

Bone McAllester Norton PLLC is a full-service law firm with 37 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.

Don't Let Your Post-Foreclosure Rights Expire: Tenn. Code Ann. § 35-5-118(d) Imposes a Two Year Statute of Limitations on Deficiency Lawsuits

Last week, a local collections lawyer conceded, in open court, that collection cases rarely have interesting issues involved. This case was different, the lawyer argued, because it involved interpretation of Tenn. Code Ann. § 35-5-118(d), which has not yet been discussed in any Tennessee opinion.

This is the new foreclosure deficiency statute, and I've dealt with this law a few different times. Here's a blog post about the first judicial opinion defining what constitutes a reasonable bid price at foreclosure under the statute.

I've also noted that the statute shortens the statute of limitations on pursuing post-foreclosure deficiency lawsuits. Specifically, the statute says:

(d)(1) Any action for a deficiency judgment under this section shall be brought not later than the earlier of:

(A) Two (2) years after the date of the trustee's or foreclosure sale, exclusive of any period of time in which a petition for bankruptcy is pending; or

(B) The time for enforcing the indebtedness as provided for under §§ 28-1-102 and 28-2-111.

So, to collect your debt after a foreclosure, you have to act fast in Tennessee. While two years doesn't sound like a short time frame, it can be, where the creditor spends time on eviction, selling the property, or even selling the deficiency debt to a third party.

The statute has a September 1, 2010 effective date, so the courts may still be dealing with deficiencies from both the pre-statute and post-statute time periods.

Always be on the look-out for this issue. In the "interesting" case that I mentioned above, the foreclosure occurred in February 2011, with the lawsuit filed in February 2014. In response to this issue, Plaintiff's counsel confidently cited the general six year statute of limitations on breach of contracts (Tenn. Code Ann. § 28-3-109). The Court rightfully held that the more specific timelines of the foreclosure deficiency statute controlled and dismissed the action.

Who says collection cases aren't interesting? We made law that day!

 

Stephen Zralek Leads Two Iconic American Brands to Victory

Bone McAllester Norton congratulates Chattanooga Bakery, Inc., maker of the infamous MoonPie products, and Dr Pepper/Seven Up, Inc., which distributes RC Cola, for their recent major legal victory at the Tennessee Court of Appeals. This ruling affirmed the trial court’s dismissal of the complaint for lack of subject matter jurisdiction based on complete preemption by the Copyright Act. Attorney Stephen J. Zralek represented the successful parties in this appeal.

The case involved a black-and-white photograph of an unidentified young boy used for more than 30 years to market MoonPie. He asserted that use of his image violated his right of publicity, but our firm successfully argued that the real dispute was over use of the photograph and that any dispute over the photograph was governed by and preempted by federal copyright law.

More information about this victory can be found on Stephen’s blog, TheExpressive, where he explains the case in his entry titled “Magnolia Trees, Mint Juleps, MoonPies & RC Colas.”

 

 

Bone McAllester Norton PLLC is a full-service law firm with 37 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.