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.

James Crumlin Elected Fellow of the Tennessee Bar Foundation

James Crumlin was elected a Fellow of the Tennessee Bar Foundation, an association of 710 attorneys across the state.

Invitations to membership, a position of great honor, were extended to 35 attorneys this year by the Board of Trustees.The introduction of new Fellows took place at the annual Fellows' Dinner in Nashville.

The Bar Foundation's purpose is two-fold: to honor attorneys who have distinguished themselves in the profession and to administer a grant making program. That project, known by its acronym "IOLTA" (Interest On Lawyers' Trust Accounts), has awarded grants in excess of $16,000,000 to law-related, public interest projects throughout Tennessee.

James focuses his practice in the areas of labor and employment law, corporate business litigation, entertainment disputes and small business representation. He has been recognized for his contributions to the Nashville legal community on several occasions, including as a "Best of the Bar" honoree in 2009. In 2007, James was chosen as the recipient of the Nashville Emerging Leaders Award for Law. This distinguished honor recognizes professionals under the age of 40 who have excelled in their profession while making a difference in the Nashville community. James was also a member of Tennessee Bar Association's Leadership Law Class of 2006, and has served on the steering committee since then.

He is a member of the 2009-2010 class of Leadership Nashville and a graduate of the 41st Young Leaders Council class. He is President of the Big Brothers Big Sisters of Middle Tennessee board of directors, and Chair of the Matthew Walker Comprehensive Health Center, Inc., board of directors. He also serves on the boards of Young Leaders Council, Kelly Miller Smith Center Against Abusive Behavior and The Tennessee Repertory Theater, Vanderbilt University Law School National Alumni Board and Meharry Medical College National Alumni Association.

Sam McAllester Named One of the Top Real Estate Attorneys in Tennessee

Bone McAllester Norton is proud to announce that Sam McAllester has been named one of Tennessee’s top attorneys in Real Estate & Construction by Super Lawyers - Corporate Counsel Edition, May/June 2010.

  Super Lawyers is a listing of outstanding lawyers from more than online casino 70 practice areas who have attained a high degree of peer recognition and professional achievement.

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

BMN Attorneys,Trace Blackenship, Charles Bone, and Stephen Zralek, Named "Best of the Bar"

Bone McAllester Norton is pleased to announce that three members of our firm are among 30 lawyers in Middle Tennessee named to the Nashville Business Journal's 2010 “Best of the Bar.”

 Nominated by peers and chosen by a panel of judges, these attorneys were selected for their commitment to their clients, dedication to their respective areas of the law, and their respect and professionalism toward their peers and chosen profession.

Honorees from Bone McAllester Norton are Charles Bone and Stephen Zralek in the category Outstanding Small Law Firm and Trace Blankenship for Rising Star.

Anne Martin Appointed to Mayor’s Advisory Council on Early Childhood Development and Education

Bone McAllester Norton attorney Anne Martin has been appointed by Mayor Karl Dean to the newly formed Early Childhood Development and Education Advisory Council which will be chaired by Vice Mayor Diane Neighbors.

The Council will “assess existing programs, services, policies, and public awareness within Metropolitan Nashville and use the assessments to make objective recommendations as they relate to the long-term health and stability of these provisions for children (0-8 years of age).”


James Crumlin Named Young Leader of the Year

Bone McAllester Norton congratulates attorney James Crumlin on receiving the Young Leader of the Year Award from the Young Leaders Council.

 This award is given in recognition of the achievements and contributions of an outstanding Alumni of Young Leaders Council.

Congratulations to James on this well-deserved recognition.

Bone McAllester Norton Attorneys, John Branham, Will Cheek & Sharon Jacobs, Named to "Nashville’s 101 Top Lawyers"

Bone McAllester Norton is pleased to announce that three of its attorneys, John Branham, Will Cheek and Sharon Jacobs, were recently selected by their peers and clients for inclusion in the Nashville Post’s "Nashville’s 101 Top Lawyers."

After months of confidentially hearing the frank opinions of local lawyers, judges and businesspeople about members of the local bar, the Nashville Post identified Nashville’s top lawyers. A special effort was made to identify attorneys who are not necessarily very good self-marketers but whom peers hold in high esteem.

Bone McAllester Norton congratulates:

John P. Branham for Litigation
William T. Cheek III for Corporate
Sharon O. Jacobs for Environmental

Will Cheek Protects Gigi’s Cupcakes

The Commercial Appeal, the Memphis Tennessee daily newspaper, featured an article on Will Cheek's efforts to prevent a former Gigi’s Cupcakes employee from stealing protected business plans and opening a cupcake shop, in violation of the employee's noncompete agreement. The former Gigi's employee was in the process of opening a cupcake shop in Memphis, presumably using knowledge she gained as a Gigi’s employee.

As General Counsel for Gigi’s, Will is working to protect Gig's from the unfair use of Gigi's recipes, baking methods and business plan. Cheek said: “We have no problem as long as it’s not a cupcake shop.” Gigi's has a narrowly drafted noncompete that protects it from employees unfairly using protected business plans in a directly competing cupcake business.

BMN Works to Raise Money for American Heart Association

Team Bone McAllester Norton is raising money for the American Heart Association's Annual Heart Walk on Saturday, October 1st. We have _ people participating and have raised $ through numerous fund raisers including a t-shirt drive, chili cook-off and a bouncing ball competition. Yes, bouncing balls.

We Welcome Rick Nickels!

Rick's practice areas include corporate law, employment law, estate planning and probate. He is a member of the Nashville, Tennessee and American Bar Associations and the Middle Tennessee Estate Planning Council.



Rick graduated cum laude from Carthage College in Kenosha, Wisconsin in 1989. Before attending law school, he worked as a trust administrator for a trust company outside of Chicago, Illinois. In 1995 he graduated from Samford University, Cumberland School of Law in Birmingham, Alabama, where he received academic awards in the areas of Advanced Decedents’ Estates and Trusts and Property II.

Rick grew up in a Chicago suburb where he attended an all boys’ high school run by the Benedictine monks. At Carthage College, Rick played baseball and met his wife, Amy, a Nashville native.

Rick and Amy have three children, Matthew, Molly and Jack. They live near Radnor Lake and are frequent patrons of the “Purple Cow.” Rick has coached youth sports since graduating from college. He is active in church and community organizations, especially those associated with Brentwood Academy and St. Paul Christian Academy, where his children attend school. Rick serves on the Board of Hearing Solutions International, Inc. and West Nashville Sports League (WNSL).

In his free time Rick is a runner and treasures time in his yard with his family and their golden doodles, Libby and Georgia.

Bone McAllester Norton client chalks up a victory against Righthaven

One of Bone McAllester Norton PLLC's clients, represented by attorney Stephen Zralek, was recently discussed in the online news source, Vegas Inc., for his victory over Righthaven in obtaining dismissal over the original complaint.

Righthaven, which has filed over 275 copyright infringement lawsuits, filed an emergency motion for reconsideration, but the court denied it, upholding the court's dismissal of Righthaven's original lawsuit.

Click here for the entire article

 

BMN Attorneys and Staff Participate in Warrior Dash

Quite a few attorneys and staff members participated in this year's Warrior Dash. The Warrior Dash is 3.15 miles filled with fire leaping, mud crawling and extreme obstacles all for the hope of winning a coveted Warrior Helmet.

Zagat Survey Summary Includes Bonelaw Clients

The results of the 2011 Fast Food/Full Service Chain Restaurants are out and we are proud to represent quite a few of them!

Congratulations to Five Guys, Chipotle, P.F. Chang's, Bonefish Grill, California Pizza Kitchen, Maggiano's Little Italy, Wei Asian Diner, Buffalo Wild Wings, Outback Steakhouse, Longhorn Steakhouse, Texas Roadhouse, Olive Garden, TGI Friday's, Carrabba's Italian Grill, Romano's Macaroni Grill, Red Lobster, Red Robin, Chili's, and Mimi's Cafe. Keep up the great work!

CommunityNashville Names Charles Bone as Honoree for 40th Annual Human Relations Award Dinner

Bone McAllester Norton founder and chairman, Charles Bone was honored for making a difference at the 40th Annual CommunityNashville Human Relations Award Dinner.  He was honored along with Ellen and John Tighe, Rev. Neely Williams, Gail Kerr and the Jewish Federation of Nashville and Middle Tennessee.

The dinner raised money for the CommunityNashville Building Bridges Program at Oasis Center, which helps youth learn about themselves, to respect others and to understand the root causes of prejudice.

"The annual Human Relations Award Dinner is one of the biggest and most important events in our city recognizing outstanding individuals whose commitment to human rights makes Nashville a better place for all of us," said co-chair Art Rebrovick.

 

Changes to TABC Regulations

The TABC revised regulations governing all liquor licensees.  Our Alcoholic Beverage Group is pleased to highlight the major changes for you.  Grouped by the license held, the summaries should not replace consultation or full review.  Contact Will Cheek or Chris Raybeck with questions.

General Applicability—All Types of Licensees



  • Responsible Vendor Mitigation Program:  The TABC has established an informal program for licensees, similar to that of the responsible vendor for beer retailers.  Licensees following the program may have fines alleviated (by up to half) for any citations.  The program requires a written policy that all employees complete a course in alcohol awareness (including training on applicable laws and regulations) and annual refresher courses.
  • Prior Approval of Advertisements:  In most cases, prior TABC approval of advertising copy is no longer necessary.
Liquor-by-the-Drink (“LBD”) and Catering
  • Advertising.  The ABC eliminated the rules prohibiting advertising happy hour and drink prices.  Licensees may now advertise both, provided the happy hour on liquor ends at 10:00 p.m. and the drink price covers the cost of the ingredients.  Outside signs and billboards may advertise the name of a licensed establishment and the name of a particular brand of alcohol, as long as the LBD licensee pays for the advertising.  Also, availability of alcoholic beverages can be advertised on radio and TV, subject to the same restrictions imposed on other types of licensees.
  • Marketing.  While licensees are still prohibited from giving away alcohol, the term “give” has been refined by replacing the word “drink” with “alcoholic beverage or wine.”  Also, LBD licensees have been removed from the regulation restricting advertising novelties and specialties to consumers, broadening the types of items LBD licensees may give to customers.
  • Managers:  The TABC has specified that new managers and assistant managers have seven days to submit questionnaires to the TABC or face a citation.  Also, all managers and assistant managers should expect to need their own server permits, if they supervise those who serve alcohol.
  • Seating:  The TABC has specified that seats at bars will be counted toward the minimum 75-seat restaurant requirement if the bar is big enough and if meals are regularly served there.  Patio seating that is not heated and cooled year-round will not count toward the minimum seating requirement but will count toward the seat count for license fees.
  • Server Permits:  Temporary server permits will no longer be issued.  Also, LBD licensees must have available for review documentation of the date of hire (dated employment application, dated W-4, etc.) of all servers and managers on premises.  Without it, it will be assumed the employee has been working for more than 61 days.
  • Changing Locations:  For LBD licensees who want to change locations, an abbreviated application process is now available.
  • Catering.  For the first time, there are regulations explicitly governing catering licensees.
Retail Licensees (Off-Premises Consumption)
  • Direct Mail:  Retailers now only need a written request authorizing direct mail, eliminating the requirement of signing the request on–premises.  The rules require removal of recipients within 30 days of the second request to remove.
  • Donations to 501(c)(3) Organizations:  Retailers are authorized to make withdrawals from inventory for donations to non-profits with 501(c)(3) exempt status.
  • Tastings / Consumer Education:  Written notification to the TABC is required for tastings where the retailer hosts, sponsors, or provides an employee to work at the tasting (not just where alcohol is consumed).  The $50 processing fee for notifications has been eliminated.  Also, employee-only tastings may be held on the retailer’s premises in areas not accessible to the public.
  • Marketing:  Retailers may sell gift cards to consumers.
Manufacturers / Importers and Wholesalers
  • Visits to Retailers:  The regulations have been revised to allow manufacturers and importers to visit retailers—on and off-premises consumption—for the purpose of promoting products or attending to displays.
  • Non-Resident Sellers:  For the first time, there are regulations that explicitly govern non-resident importers and application requirements.
  • Wholesaler Deliveries:  Employees of wholesalers may now deliver up to 20 cases of alcohol in vehicles that are not owned or leased by the wholesaler, and the wholesaler name need not be affixed to the vehicle.  But, the employee must possess documentation with the seller and purchaser identity and type and size of delivery.  Also, the regulations have removed the restriction that a wholesaler may deliver to another wholesaler only if in the same county.
  • Retail Orders; Wholesaler Employee Permits:  Wholesalers are expressly prohibited from delivering and invoicing part of an order made by one retailer to another retailer.  Wholesaler employee permits are not explicitly valid for 5 years.
  • Tied-House Provisions:  The regulations prohibiting tied-houses now include references to third-party marketing entities, which are not allowed as intermediaries between industry members (manufacturers, importers, and wholesalers) and retailers.  The regulations now explicitly prohibit arrangements that result in exclusion of brands.  The monetary value of items that may be provided to retailers by industry members is now aligned with TTB amounts.  Industry members may supply outside signs to retailers, and the allowable point-of-sale advertising materials have been updated.  Industry members may provide retailers with routine business entertainment (meals, events, parties), subject to restrictions.
  • Donations:  Industry members are authorized to withdraw from inventory donations to special occasion permittees; manufacturers must do so through wholesalers.
Wineries
  • Record-Keeping:  Records regarding the source of all agricultural products used in wine production must be kept for three years.  All Tennessee-licensed wineries must file, with the TABC, their contracts with Tennessee grape growers regarding their intention to purchase grapes.
  • Sale on Premises:  The 15,000 gallon / 20% rule for annual on-premises sales has been deleted in favor of the amounts allowed by state statute.
  • Samples; Selling Non-Wine Products:  The regulations now provide that wineries may provide samples to winery visitors in certain limited areas of the winery.  Also, wineries may now sell gift-related items with wine themes or related to wine drinking.
Beer Permittees / Responsible Vendor Program
For the first time, there are regulations that explicitly govern off-premises beer permittees that have enrolled in the Responsible Vendor Program.  Many of the regulations simply articulate the TABC’s past practices.

Non-Profits (Special Events)
Regulations have been made explicitly governing special occasion permits, one-day permits allowing alcohol service in a specifically designated area by “qualified entities” (non-profits).  A formal application process is set forth, and proceeds from the special event must be deposited with the special occasion

Will Cheek moderates panel on beer growlers and wine kegs.

Alcoholic Beverage Team Leader Will Cheek was a prominent attendee at the national liquor conference in Las Vegas.  Cheek moderated a panel on beer growlers and wine kegs, featuring Master Brewer Kevin Reed of the country's largest brew pub chain, CraftWorks Restaurants & Breweries, and growler compliance expert Alex Heckathorn.

Bonelaw Client Stays with Trends

Growlers, half gallon jugs used to transport beer, are one of the hottest growth areas in the beer business, most recently expanding to upscale beer stores in the Nashville area.
Nashville's newest brewery, and Will Cheek client, Jackalope, joins a growing trend of breweries selling only kegs and growlers of beer.  This allows the brewery to open without purchasing expensive bottling equipment.  Some say it also enhances the mystique of the craft brewer.

Bone McAllester Norton Welcomes Stephanie Taylor!

Bone McAllester finds musician to lead entertainment group

Classically trained violinist joins law firm
Published June 10, 2011 by NashvillePost.c...

Bone McAllester Norton has hired an attorney and accomplished musician to lead its entertainment law group.

Stephanie R. Taylor, a classically trained violinist and country/bluegrass fiddle player, joins Bone McAllester after running her own local firm. Taylor represents artists and music industry professionals and negotiates entertainment industry contracts for artists, as well as licensing and distribution deals for original television programs. She has been a professor of music business at Middle Tennessee State University and directed MTSU’s Recording Industry Exchange program with Russia.

“We are pleased to announce Stephanie in her new role. She brings experience and a vast knowledge of the entertainment industry and has an excellent track record in her representation of clients in the business," said Charles W. Bone, firm chairman.

Taylor earned her law degree and bachelor's in music education from the University of Nebraska-Lincoln. She received master's degree in business administration with an emphasis on music business from Belmont University.

Taylor's musical career has included eight years as a contract violinist with the Lincoln Symphony Orchestra in Lincoln Nebraska, and she has played with numerous big-name musicians, including with Grammy nominated Chris Young, award winning singers/songwriters Billy Yates and Billy Falcon, bluegrass talent Dana Romanello and country duo Joey and Rory. She was recently inducted into the South Dakota Old Time Fiddlers Hall of Fame.

Click here for the whole article (subscription needed)

 

Bone McAllester Norton welcomes attorney James E. Mackler to our team!

James is a graduate of Duke University, where he graduated cum laude with a degree in public policy studies.  He received his law degree, with honors,  from the University of Washington School of Law where he served as the president of the Moot Court Honor Board.
After spending seven years developing a successful private practice in Colorado, James was inspired by the events of September 11, 2001 to join the Army.  He spent three years as a Blackhawk helicopter pilot with the 101st Airborne Division, including a one year deployment to Iraq.  After returning from Iraq, James transferred to the Judge Advocate General Corps where he served as a legal advisor to high level commanders and as a senior trial counsel.
James lives in Nashville with his wife Shana, and their two daughters, Hanna and Sylvie. He continues to serve in the Army Reserves.   He is actively involved in the Nashville community, including service on the board of Jewish Family Services.
Along with his litigation practice, James will provide legal assistance to members of the military transitioning into the civilian sector, including entrepreneur start-ups, fundamental business issues, and the day to day legal issues that veterans encounter with a new business.

Will Cheek Named Renaissance Man by NFocus Magazine

Will Cheek

That tow-headed guy in the convertible that just passed you was William T. Cheek, III or “Will.” An active volunteer for several local charities, Will has served as chairman of the Board of the Center for Nonprofit Management, the Metro Nashville Arts Commission, The Belcourt Theatre and Community Resource Center. He serves on the board of Children’s House of Nashville, Inc., the Belcourt Theatre, and as legal counsel to Artrageous, Inc., and Nashville Pride.