In The News

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.

To read the story, 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.

Sean Kirk, Chris Raybeck will Serve as Faculty at The Southeastern School of Banking

Bone McAllester Norton attorneys Sean C. Kirk and Chris Raybeck have been selected to serve on the faculty of The Southeastern School of Banking, held by the Tennessee Bankers Association, this year. Both attorneys are members of the firm’s Banking and Financial Services practice. Their session is in the second-year track and will focus on ethics in banking, covering ethical norms in the financial services industry, including legal standards and conflicts of interest.

Their session will take place at 9:15 a.m. on Tuesday, July 22nd in McWhorter Hall on the campus of Belmont University.

The Southeastern School of Banking (TSSB) is an intensive general banking school consisting of two one-week resident sessions over two years. The first- and second-year sessions are held concurrently. Serving bankers since its organization in 1939, the school’s 80-hour, intermediate-level curriculum focuses on critical banking functions, their interrelationships and determinants of profitability. Analytical skills and management techniques are developed, along with an understanding of the commercial bank’s role in the changing financial services industry. The school’s rigorous admission criteria ensure that students will be able to keep pace with the level of instruction. TSSB’s honor program recognizes students in the top 10 percent of the class and notifies their chief executive officers of their exemplary work. Each year, students receive a comprehensive school manual which serves as a convenient reference after graduation when practical issues or questions arise.

For more, 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.

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.