In The News

Three Days in January that Made Copyright History

Three days in January 2012 witnessed some of the most important events in recent history in the world of copyright. On January 18, the Supreme Court issued Golan v. Holder, which held that Congress is empowered remove works like the symphony classic Peter and the Wolf from the public domain in the United States, preventing orchestras, musicians and others from using these works unless they get permission and pay a license fee to the copyright holders. On the same day, the technology community mobilized millions of people to voice their disagreement with SOPA and PIPA, two bills supported by the entertainment industry that were designed to fight online piracy. After blackouts by Wikipedia and protests encouraged by tech giants like Google, by January 19 most members of Congress had withdrawn their support for both bills.On January 20, the United States arrested Kim Dotcom. He was arrested in Auckland, New Zealand for a file-sharing site called Megaupload.com that was based in Hong Kong. The site allegedly generated over $175 million by illegally copying and distributing music, movies and other copyrighted material without authorization.

What does all of this tell us? Three important things.

First, protection of our country’s intellectual property relies on international cooperation. For us to arrest Mr. Dotcom, who is alleged to have stolen millions from American content creators, we needed the help of authorities in Hong Kong and New Zealand. Which is where Golan v. Holder comes in: no one likes hearing that Peter and the Wolf and other classics have fallen out of the public domain and back into exclusive ownership, but for our country to benefit from international copyright treaties, we also must abide by them. International treaties are what prompted Congress to pull certain works out of the public domain, and what prompted the Supreme Court to reach the conclusion it reached in that lawsuit.

Second, if we didn’t recognize it before the rise and fall of SOPA and PIPA, there’s no denying the tension between content creators and content providers; between the entertainment industry and the technology industry. Our technology is intertwined with our entertainment and our content, so we need these camps to work together. Unfortunately for now, the tension is insurmountable: technology camps want free flow of information while content creators want protection for their original works. Ultimately, these two teams will have to reach a compromise, and Congress cannot ignore the need to protect American intellectual property from online international piracy, like the theft allegedly coordinated by Mr. Dotcom.

Finally, the online protests of SOPA and PIPA mobilized a new segment of concerned citizens. Google claims it gathered over seven million signatures in 24 hours in opposition to the bills. The implications of that statistic are at the same time impressive, intimidating and infinite.

 

Three Days in January Made Copyright History

Stephen J. Zralek © 2012

Three days in January 2012 witnessed some of the most important events in recent history in the world of copyright.

On January 18, the Supreme Court issued Golan v. Holder, which held that Congress is empowered remove works like the symphony classic Peter and the Wolf from the public domain in the United States, preventing orchestras, musicians and others from using these works unless they get permission and pay a license fee to the copyright holders.

On the same day, the technology community mobilized millions of people to voice their disagreement with SOPA and PIPA, two bills supported by the entertainment industry that were designed to fight online piracy. After blackouts by Wikipedia and protests encouraged by tech giants like Google, by January 19 most members of Congress had withdrawn their support for both bills.

On January 20, the United States arrested Kim Dotcom. He was arrested in Auckland, New Zealand for a file-sharing site called Megaupload.com that was based in Hong Kong. The site allegedly generated over $175 million by illegally copying and distributing music, movies and other copyrighted material without authorization.

What does all of this tell us? Three important things.

First, protection of our country’s intellectual property relies on international cooperation. For us to arrest Mr. Dotcom, who is alleged to have stolen millions from American content creators, we needed the help of authorities in Hong Kong and New Zealand. Which is where Golan v. Holder comes in: no one likes hearing that Peter and the Wolf and other classics have fallen out of the public domain and back into exclusive ownership, but for our country to benefit from international copyright treaties, we also must abide by them. International treaties are what prompted Congress to pull certain works out of the public domain, and what prompted the Supreme Court to reach the conclusion it reached in that lawsuit.

Second, if we didn’t recognize it before the rise and fall of SOPA and PIPA, there’s no denying the tension between content creators and content providers; between the entertainment industry and the technology industry. Our technology is intertwined with our entertainment and our content, so we need these camps to work together. Unfortunately for now, the tension is insurmountable: technology camps want free flow of information while content creators want protection for their original works. Ultimately, these two teams will have to reach a compromise, and Congress cannot ignore the need to protect American intellectual property from online international piracy, like the theft allegedly coordinated by Mr. Dotcom.

Finally, the online protests of SOPA and PIPA mobilized a new segment of concerned citizens. Google claims it gathered over seven million signatures in 24 hours in opposition to the bills. The implications of that statistic are simultaneously infinite, impressive and intimidating.

WaterCooler in at the Schermerhorn

Happy 2012! We're excited about our upcoming programs for WaterCooler and hope that you are ready to get back to networking with other Nashvillians.


Please join us on Wednesday, February 8th as we get exclusive access to the Schermerhorn Symphony Center, not just back-stage, but actually OnStage.


OnStage at the Schermerhorn is designed for adult audiences to discuss, in a smaller, relaxed setting, a variety of musical topics with Nashville Symphony musicians.


OnStage at the Schermerhorn features live music and a seat right up on the stage of Laura Turner Concert Hall. With wine and hors d'oeuvres, the FREE evening of music and good conversation is a wonderful way to get to know your Nashville Symphony.


We are limited to the FIRST 40 people and this will fill up quickly!


Please RSVP by January 31st to This email address is being protected from spambots. You need JavaScript enabled to view it.


Doors open at 5. Please visit the Nashville Symphony website for directions and parking information.  Program is from 5:30 to 7:00.
Afterwards we will head over to


Roberts Western World on Broadway for drinks and good old fashioned honkey tonkin'!


WaterCooler is an informal networking group that meets monthly for drinks and the chance to hear vibrant speakers on the people and places that make Nashville unique.  There is no official membership and no dues -- just come when the topic interests you.  Check out our Facebook Page!


 

Susan R. High-McAuley Appointed to Hendersonville Chamber Board

Bone McAllester Norton attorney Susan R. High-McAuley was recently appointed to the Board of Directors of the Hendersonville Chamber of Commerce as Legal Counsel. The Hendersonville Chamber of Commerce is an organization that strives to connect, support, promote, and advocate for businesses in the Hendersonville Area.

Bone McAllester Norton is thrilled to congratulate Susan on her new role in the community.

January 2012 Newsletter Features Dr. Martin Luther King, Jr. Fellowship Breakfast

On Monday, January 16, 2012, Bone McAllester Norton will host its eleventh annual Fellowship Breakfast to celebrate the memory and legacy of Dr. Martin Luther King, Jr. To read the rest of our newsletter click here.

Bone McAllester Norton hosts Eleventh Annual Fellowship Breakfast

On  Monday, January 16, 2012, Bone McAllester Norton hosted its 11th Annual Fellowship Breakfast to celebrate the memory and legacy of Dr.  Martin Luther King, Jr.  We are honored that more than 525 individuals chose to spend their morning with us at the Hutton Hotel.  Our featured speaker was Rev. Dr. Bernard LaFayette, an ordained minister, longtime civil rights activist, organizer, and an authority on nonviolent social change.

We are especially proud of attorney Paz Haynes, who recited an original poem, "Drum Major."

Attorney Andrea Perry Wins ATHENA Young Professional Leadership Award

Congratulations to Andrea Perry on being named a 2012 ATHENA Young Professional Leader!


The Nashville ATHENA Award Program is proud to sponsor the ATHENA Young Professional
Leadership Award. This international award recognizes emerging women leaders across professional
sectors for exemplary leadership. It actively supports and celebrates the ATHENA mission of supporting,
developing and honoring women leaders, inspiring women to achieve their full potential, and helping to
create balance in leadership worldwide. It honors women between the ages of 25 and 40 who excel in
their chosen field, devote time and energy to their community in a meaningful way, and serve as a role
model for young women.


 

 

Stacey Garrett named Chairperson of the Board of TN Human Rights Commission

Tennessee Human Rights Commission Names New Chairperson of the Board


The Tennessee Human Rights Commission (THRC) appointed a new Chairperson of the Board of Commissioners. Ms. Stacey Garrett of Nashville, Tennessee will serve as Chair of the Board for a two year term and will assume her position as Chair at the next Commissioner’s meeting in January 2012.
Garrett is a founding member of Bone McAllester Norton, PLLC and chair of the firm's Board of Directors. Garrett concentrates her practice in the areas of higher education, corporate transactions, immigration, health care and government affairs. Former Governor Bredesen designated Garrett to serve on a Judicial Redistricting Study Committee and the Committee to Study the Administration of the Death Penalty. In 2003, she was named to The Tennessean's "Top 40 Under 40." In 2007, Ms. Garrett was honored to be named as one of the Nashville Business Journal's Women of Influence in the Entrepreneur category. She is also a member of the upcoming 2011-2012 Leadership Nashville class. Ms. Garrett has served as a Commissioner on the Tennessee Human Rights Commission since 2009 and was reappointed to serve on the Tennessee Human Rights Commission through 2015.


The Commission is an independent state agency charged with eradicating discrimination and protecting the civil rights of all individuals within the state in the areas of housing, employment and public accommodations. If you’ve been discriminated against or would like more information about your civil rights please call us at 800.251.3589 or visit the agency’s informational website at www.tn.gov/humanrights.


 

Alcohol Beverage Team helps Buffalo Wild Wings open 800th Store

Buffalo Wild Wings®, Inc. (NASDAQ: BWLD), the national sports grill and bar known for its award-winning Buffalo, NY-style chicken wings spun in one of 18 mouth-watering signature sauces and seasonings, announced the opening of its 800th restaurant nationwide.


 The Company quickly raced past this milestone thanks to openings in Florida, Tennessee, Washington and California, marking a four-way tie for the 800th location.


 

 

Will Cheek named to Board of Directors of The DISTRICT

Attorney Will Cheek was recently named to the Board of Directors for The DISTRICT.


Geographically, The DISTRICT consists of three of downtown Nashville's National Register Historic Districts: 2nd Avenue, Broadway and Printer’s Alley. Organizationally, it is a partnership of the business community, property owners, preservationists, non-profits and government agencies with an interest in downtown Nashville.


 

Chris Raybeck featured in UT Law Best of the Best

The Volunteer spirit is strong in Chris Raybeck (LAW '03), in more ways than one.



 

9% Vets must fight for fair compensation

By James Mackler


There is growing anger in this country as the “99 percent” continue to point out the widening gap between rich and poor. The “occupy” movement has spread from Wall Street to Nashville and beyond.


Lost among the discussion of high unemployment rates, bank bailouts and excessive corporate greed is the fact that there is a group much smaller than the 99 percent that bears the combined burden of economic inequality and “service inequality.” This “service inequality” is reflected in the fact that, at any given time, less than one-half of 1 percent of the adult population are serving in the active-duty military. Nine percent of the total adult population are military veterans. These are the “9 percent.”


The “9 percent” share the same economic challenges as the “99 percent,” but their burden is increased by the toll exacted from military service. The 9 percent make up 13 percent of the adults in homeless shelters. The 9 percent face an unemployment rate of 12.4 percent. The 9 percent account for 20 percent of all suicides in the U.S.


Although veterans are facing unemployment, homelessness and suicide in disproportionate numbers, a recent poll by the Pew Research Center indicates 70 percent of the general public admit that they have little or no understanding of the problems faced by those in the military. Even veterans themselves do not seem to recognize the negative impact of service on their civilian life. Rather, the vast majority of those who have served say that their military experience has helped them to get ahead in life. Eight in 10 would advise a young person close to them to join the military.


How can it be that the 9 percent have so little self-awareness at the same time that the 99 percent are becoming increasingly aware of their own economic disparity? The answer probably is deeply rooted in military culture. Warriors are trained to endure, even to embrace hardship. Self-sufficiency is a coveted trait. Asking for help can be a sign of weakness. The soldier’s mantra during hard times is to simply “suck it up.”


These are admirable traits in battle. They are counterproductive at home when jobs are scarce and Congress eyes veterans benefits as entitlements that can be cut in the name of balancing the budget. The time has come for veterans to refocus the energy that brought them home from the deserts of Iraq and the mountains of Afghanistan. Veterans need to recognize that neither the 99 percent nor the 1 percent are going to advocate for them. It is time for veterans to mobilize on our own behalf.


We need to show employers that we have skills and experience that are unmatched in the civilian world. We need to show politicians that health care and retirement and a social safety net are fair compensation for our sacrifice — not entitlements. And if it comes down to it, after multiple deployments to some of the most inhospitable places on Earth, occupying Wall Street or Pennsylvania Avenue will be easy.


 

Stephen Zralek to chair American Bar Association Committee

Stephen Zralek has been appointed to chair the American Bar Association’s Intellectual Property Law Copyright Litigation Committee.


The American Bar Association (ABA) includes nearly 400,000 members and is the leading national bar association for attorneys in the United States.

The IP Law Copyright Litigation Committee focuses on disputes involving copyrights, monitoring recent decisions across the nation, and providing advanced educational seminars for lawyers on cutting edge topics. Mr. Zralek recently served as Vice Chair of this committee. He helped to urge Congress to amend the the Copyright Act to clarify the requirements required to file a lawsuit for copyright infringement, since no uniform standard exists as interpreted by the various federal courts around the country.

Mr. Zralek is a member at Bone McAllester Norton. He helps clients from the creative, technology and entrepreneurial fields avoid and resolve intellectual property disputes, and is a highly-sought after speaker and author on intellectual property and social media legal issues. He is active in philanthropy in Nashville, and co-founded a networking event for entrepreneurs called WaterCooler. He tweets at @StephenZralek, and blogs at TheExpressive.

Haslam Announces Regional Entrepreneur Centers

Bone McAllester Norton is proud to be a Partner of the Nashville Entrepreneur Center.


Brian Reisinger


Staff Reporter - Nashville Business Journal


Gov. Bill Haslam has announced the business accelerators responsible for his regional entrepreneurship push, with the Nashville Entrepreneur Center landing a large portion of Middle Tennessee.


The Tennessee Republican has made entrepreneurship a central part of his economic development strategy. Commissioner Bill Hagerty of the state’s Economic and Community Development Department has been expected to announce the regional centers responsible for implementing Haslam’s strategy throughout the state.


Read the entire article here.


 

Bonelaw Sponsors 8th Annual Freedom Run in Hendersonville

We were honored to sponsor the 8th Annual  Rotary Club of Hendersonville's Freedom Run 5K. Our own Marty Cook, attorney in our firm's Hendersonville office, won 13th place out of over 200 runners!  A few of our staff members were there passing out water to make sure the runners recovered quickly for the rest of their holiday festivities.

Stacey Garrett Re-Appointed by Governor Bredesen to Tennessee Human Rights Commission

Governor Phil Bredesen has appointed Stacey Garrett, a founding member of the firm, to a second term on the Tennessee Human Rights Commission.

The Commission is Tennessee's independent state agency with responsibilities pertaining to the prevention and elimination of discrimination in employment, public accommodations, and housing.  Stacey was first appointed by Governor Bredesen to the agency's governing board in 2003 and will now continue to serve until 2015.

Stacey said she believes firmly in community and civic responsibility and is grateful for the opportunity to continue her work and service on the commission at an exemplary level.

Stacey is Chair of the Board of Directors of Bone McAllester Norton and focuses her practice in higher education, corporate transactions, immigration, healthcare, and government affairs.  She has served in many government and nonprofit leadership positions throughout her legal career.

She has earned recognition by numerous publications and among her peers in the legal profession.  In 2003, she was named one of the Tennessean's "Top 40 Under 40." She was also selected as Nashville Business Journal's "Best of the Bar" in immigration law for several years, and in 2007 she was named by the Nashville Business Journal as a "Woman of Influence" in the Entrepreneur category.

James Crumlin Recognized on “Forty Under 40” List by Nashville Business Journal

Bone McAllester Norton is proud to announce that James Crumlin was named to the Nashville Business Journal’s “Forty Under 40” list.


  The annual awards go to young professionals who are making a difference in their companies and their community in Middle Tennessee.  The winners were honored at an awards ceremony on March 10.  At the ceremony, each winner was invited to say THREE WORDS.  As added twist, each winner could say additional words with the understanding that if you said four or more words, the winner would make a $25 donation PER WORD to Big Brothers Big Sisters of Middle Tennessee (BBBSMT).  As the Immediate Past President of the Board of Directors for BBBSMT, James said 56 words at the ceremony which translated to a $1,400 contribution.


Bone McAllester Norton congratulates James on this well-deserved recognition.


Click here for a full list of this year’s winners.


Bonelaw Works Closely With Legal Counsel in Hotel Indigo Deal

Hotel Indigo in downtown Nashville, a $30 million investment that went sour during the recession, was sold for $14 million in a bankruptcy sale recorded in county documents on Friday.

According to the documents, Winston Hospitality, Inc., a hotel management company based in Raleigh, NC, purchased the boutique hotel located on Union Street in downtown.

Bone McAllester Norton worked closely with legal counsel closing the Hotel Indigo deal to ensure there was no interruption in service with both beer and liquor.

Sheri Jacobs, Anne Martin, Stephen Zralek, Sam McAllester & Charles Robert Bone Recognized by Mid-South Super Lawyers and Rising Stars

Sheri Jacobs, Anne Martin, Stephen Zralek and Sam McAllester have been named Mid-South Super Lawyers, and Charles Robert Bone has been honored as a Mid-South Rising Star, in the 2011 editions.

Mid-South Super Lawyers and Rising Stars honorees represent the top five percent of lawyers in Tennessee, Arkansas and Mississippi. Selections for the list are based on a rigorous multi-phase selection process that includes a regional survey of lawyers, independent evaluation of candidates by Law & Politics' attorney-led research staff, peer review of candidates by practice area, and a good-standing and disciplinary check. The Rising Star designation is awarded exclusively to top lawyers who are 40 years old and younger who have been in practice 10 years or fewer.

Super Lawyers and Rising Stars are considered leaders in their areas of practice: Ms. Jacobs is honored for her skill in environmental and administrative law; Ms. Martin, in employment and business litigation and defense; Mr. Zralek in intellectual property; Mr. McAllester, in real estate, bankruptcy and creditor and debtor rights; and Mr. Bone, in business litigation, personal injury plaintiff, general corporate, and mergers and acquisitions.

Bone McAllester Norton's Involvement in Bankruptcy Case Noted in Bloomberg News

Bone McAllester Norton's involvement in a major Middle Tennessee bankruptcy matter was noted by Bloomberg News, in its January 20, 2010 Bankruptcy Update:

Tennessee Development Files, Sees Immediate Lift Stay

Wood Ridge Development Inc. and an affiliate filed Chapter 11 petitions on Jan. 15 in Nashville, Tennessee, to stop foreclosure scheduled later that morning.

The secured lender, GreenBank, filed a motion the same day asking the bankruptcy judge to modify the so-called automatic stay so the foreclosures could be rescheduled. The bank said it's owed $7.3 million on almost 70 acres of undeveloped land in Nolensville, Tennessee.

The bank said no lots have been sold in two years, according to a court filing by David M. Anthony, an attorney for the bank from Bone McAllester Norton PLLC in Nashville.

The case is Wood Ridge Development Inc., 10-00325, U.S. Bankruptcy Court, Middle District of Tennessee (Nashville).

David is a member of Bone McAllester Norton's Creditors' Rights practice group. Sam McAllester and Tucker Herndon, fellow members of the Creditors' Rights group, have been extensively involved in the matter as well. The full article appears at Bloomberg.com.