In The News

Chef Arnold Myint Launches New Restaurant, blvd

Congratulations to chef Arnold Myint on the opening of his new restaurant, blvd. The cozy bistro, bar and market is situated in the former Cha Chah location on Belmont Boulevard. Myint, a contestant on Top Chef, season 7, uses an inspired take on bistro fare while keeping some of Cha Chah’s favorites on the menu.

Congratulations to Janis Ian for her Grammy Nomination

Bone McAllester Norton congratulates singer, songwriter, musician and author Janis Ian on her GRAMMY nomination. Her ninth nomination in eight different categories, Janis’ Audible.com autobiography Society’s Child is up for Best Spoken Word. Other nominees in that category include First Lady Michelle Obama, former President Bill Clinton, Rachel Maddow and Ellen Degeneres. The awards will be broadcast live this Sunday, February 10.

Congratulations to Janis Ian for her Grammy Nomination

Bone McAllester Norton congratulates singer, songwriter, musician and author Janis Ian on her GRAMMY nomination. Her ninth nomination in eight different categories, Janis’ Audible.com autobiography Society’s Child is up for Best Spoken Word. Other nominees in that category include First Lady Michelle Obama, former President Bill Clinton, Rachel Maddow and Ellen Degeneres. The awards will be broadcast live this Sunday, February 10.

Stephen Zralek Quoted in The City Paper on Copyright Infringement Lawsuits

Bone McAllester Norton attorney Stephen Zralek was quoted in a January 29 article in Nashville’s The City Paper regarding copyright infringement lawsuits.

“It was only a matter of time before copyright trolls filed a bit-torrent lawsuit in Tennessee,” he said. “By law, the [Internet Service Providers] are required to reach out to the John Does and tell them they have 30 days to file a ‘motion to quash’ the subpoena or otherwise settle the lawsuit. If the individuals take no action, the ISPs will release their identities to the Plaintiff, after which the Plaintiff will amend the complaint to name the individual in the copyright infringement action — for all the world to see.”

 

Stephen Zralek Quoted in The City Paper on Copyright Infringement Lawsuits

Bone McAllester Norton attorney Stephen Zralek was quoted in a January 29 article in Nashville’s The City Paper regarding copyright infringement lawsuits.

“It was only a matter of time before copyright trolls filed a bit-torrent lawsuit in Tennessee,” he said. “By law, the [Internet Service Providers] are required to reach out to the John Does and tell them they have 30 days to file a ‘motion to quash’ the subpoena or otherwise settle the lawsuit. If the individuals take no action, the ISPs will release their identities to the Plaintiff, after which the Plaintiff will amend the complaint to name the individual in the copyright infringement action — for all the world to see.”

 

Congratulations to Bluegrass Underground on EMMY Award

Bone McAllester Norton congratulates the acclaimed PBS music concert event series Bluegrass Underground for winning an EMMY at the 27th Annual Mid South EMMY Awards, held January 26th at the Schermerhorn Symphony Center in Nashville. The series won for excellence in lighting design and execution, one of five categories for which Bluegrass Underground was nominated. “The Bluegrass Underground EMMY recognizes the commitment to quality and excellence that this series strives to achieve," said Todd Jarrell, one of the executive producers of the series. "We are deeply honored for this recognition and very satisfied to see the work of Allen, Han, Wally and the entire team recognized."

 

Congratulations to Bluegrass Underground on EMMY Award

Bone McAllester Norton congratulates the acclaimed PBS music concert event series Bluegrass Underground for winning an EMMY at the 27th Annual Mid South EMMY Awards, held January 26th at the Schermerhorn Symphony Center in Nashville. The series won for excellence in lighting design and execution, one of five categories for which Bluegrass Underground was nominated. “The Bluegrass Underground EMMY recognizes the commitment to quality and excellence that this series strives to achieve," said Todd Jarrell, one of the executive producers of the series. "We are deeply honored for this recognition and very satisfied to see the work of Allen, Han, Wally and the entire team recognized."

 

James Mackler Quoted in The Tennessean Regarding 1860s Trial of Mary Surratt

Bone McAllester Norton attorney James Mackler served on a panel discussion that re-examined the 1860s trial of Mary Surratt, the first woman executed by the federal government. The Tennessean covered that discussion and quoted James.

“We were in war,” he said. “Although this was a civilian, this was a civilian being tried for war crimes. She was a civilian acting on behalf of the enemy accused by the United States of war crimes. I’m not saying that Mary Surratt was tried fairly; she was certainly not.”

 

James Mackler Quoted in The Tennessean Regarding 1860s Trial of Mary Surratt

Bone McAllester Norton attorney James Mackler served on a panel discussion that re-examined the 1860s trial of Mary Surratt, the first woman executed by the federal government. The Tennessean covered that discussion and quoted James.

“We were in war,” he said. “Although this was a civilian, this was a civilian being tried for war crimes. She was a civilian acting on behalf of the enemy accused by the United States of war crimes. I’m not saying that Mary Surratt was tried fairly; she was certainly not.”

 

Andrea Perry Named to “40 Under 40”

Bone McAllester Norton congratulates our own Andrea P. Perry for receiving the “40 Under 40” honor from the Nashville Business Journal. She will be honored at a luncheon at the Wildhorse Saloon on Wednesday, March 13.

Well done, Andrea! We are proud of you and the work you do both professionally and personally.

Andrea Perry Named to “40 Under 40”

Bone McAllester Norton congratulates our own Andrea P. Perry for receiving the “40 Under 40” honor from the Nashville Business Journal. She will be honored at a luncheon at the Wildhorse Saloon on Wednesday, March 13.

Well done, Andrea! We are proud of you and the work you do both professionally and personally.

Gigi’s Icing: $33M in Revenues in 5 Years

The owner of Gigi’s Cupcakes turned $33 into $33 million in five years. Read the Nashville Ledger story here.

Gigi’s Icing: $33M in Revenues in 5 Years

The owner of Gigi’s Cupcakes turned $33 into $33 million in five years. Read the Nashville Ledger story here.

Bone McAllester Norton Client Corsair Gets Nod from Whisky Advocate Magazine

One of Bonelaw’s clients has made big news in the whiskey world, and we wanted to share their glory: Corsair Artisan Distillery’s Triple Smoke Whiskey has won the “Artisan Whiskey of the Year” award from Whisky Advocate magazine. The magazine noted, “Anyone can throw grains, smoke, hops or spices in a fermenter or a still. It takes skill, restraint and a good palate to make an award-winner out of it.”

Bone McAllester Norton Client Corsair Gets Nod from Whisky Advocate Magazine

One of Bonelaw’s clients has made big news in the whiskey world, and we wanted to share their glory: Corsair Artisan Distillery’s Triple Smoke Whiskey has won the “Artisan Whiskey of the Year” award from Whisky Advocate magazine. The magazine noted, “Anyone can throw grains, smoke, hops or spices in a fermenter or a still. It takes skill, restraint and a good palate to make an award-winner out of it.”

Larry Bridgesmith Receives the Grayfield Gray Public Service in Mediation Award

Bone McAllester Norton congratulates our own Larry W. Bridgesmith for receiving the Grayfield Gray Public Service in Mediation Award. He will be honored by the Coalition for Mediation Awareness in Tennessee at the Tennessee Association of Professional Mediators’ annual meeting on Thursday, February 21.

Well done, Larry! We are proud of you and the work you do both professionally and personally.

Larry Bridgesmith Receives the Grayfield Gray Public Service in Mediation Award

Bone McAllester Norton congratulates our own Larry W. Bridgesmith for receiving the Grayfield Gray Public Service in Mediation Award. He will be honored by the Coalition for Mediation Awareness in Tennessee at the Tennessee Association of Professional Mediators’ annual meeting on Thursday, February 21.

Well done, Larry! We are proud of you and the work you do both professionally and personally.

Bonelaw Attorneys Involved in Court Decision of “Materially Less” in Foreclosure Sales

Tennessee Court of Appeals Issues First Opinion Examining Tennessee Deficiency Judgment Statute
Background:  In the wake of the real estate market collapse, the Tennessee legislature passed, effective September 1, 2010, a statute dealing with deficiency judgment on real property after a trustee’s or foreclosure sale. The statute created a rebuttable presumption that the amount bid at a foreclosure sale equal the fair market value of the property. Debtors could overcome this presumption by showing that the bid was “materially less” than the fair market value.

Case:  Bone McAllester Norton PLLC attorneys David Anthony, Sean Kirk and Tucker Herndon represented the Lender who filed suit to obtain a judgment for the deficiency against the Borrower and Guarantors ( the “Defendants”) after completion of foreclosure against the real property collateral. The Defendants contested the foreclosure sale price as being materially less than fair market value. On a motion for summary judgment filed by the Lender,  the Trial Court and Tennessee Court of Appeals examined the deficiency statute and decided what “materially less” means.  The phrase “materially less” had never been used in any other Tennessee statute or court opinion.

The Lender purchased its own collateral at foreclosure for a mid-range bid based upon a current appraisal. Based upon an Affidavit, the debtor asserted that the fair market value of the property was greater. On Motion for Summary Judgment, the Trial Court held in favor of the Lender that a sales price of 89% - 91% of the recent appraisal was not “materially less.”

On appeal, the Tennessee Court of Appeals agreed with the Bone McAllester Norton PLLC attorneys, affirming the Trial Court decision on summary judgment, finding that the foreclosure bid price of 89% of the highest appraisal was not “materially less” and finding that the debtor had failed to raise sufficient facts to present a defense to summary judgment and the deficiency lawsuit.  The Court did not set a bright line percentage above or below which the statutory presumption is rebutted.

Lenders are well advised to continue the practice of obtaining current appraisals prior to foreclosure and base the foreclosure bid price on the current appraisals, taking into account costs of foreclosure and costs of owning the property.

All is Fair (Use) in Love and Copyright with Stephen Zralek

Bone McAllester Norton’s Stephen Zralek will speak at the January 29th meeting of The Copyright Society of the South on All is Fair (Use) in Love and Copyright. In his presentation, Stephen will look at several close cases and let attendees judge for themselves as to whether the infringement should be permitted under Fair Use defense. The presentation is interactive, comparing side-by-side examples of original works with later works where the original author claims infringement. Examples include a comparison of Margaret Mitchell’s Gone with the Wind and The Wind Done Gone by Nashville author Alice Randall; a comparison of the original Roy Orbison’s “Pretty Woman” song and 2 Live Crew’s version of it; and a comparison of more recent works created by contemporary photographer Patrick Cariou and appropriation artist Richard Prince. The presentation will explore recent decisions from within the Sixth Circuit and around the country, examining the four factors that courts examine when determining fair use.


Tuesday, January 29, 2013

11:30 a.m. – 1 p.m.

BMI, 1st Floor Conference Room

10 Music Square East

RSVP by Friday, January 25th : 615-424-3014

12th Annual MLK Breakfast Will Feature Southern Word Poetry Group

Bone McAlleSpoken Word Logoster Norton’s 12th Annual Fellowship Breakfast honoring Dr. Martin Luther King, Jr. will feature poetry presented by youth involved in the performance art group Southern Word. Through the literary and performing arts, Southern Word offers creative solutions for youth to build literacy and presentation skills, reconnect to their education and to their lives and act as leaders in the improvement of their communities. In pursuing this mission, Southern Word conducts spoken word residencies, workshops, open mics and shows.

Southern Word’s performance will feature Sean Smith from John Overton High School, Mani Jones from Austin Peay State University and Amanda Howell from Watkins College of Art, Design & Film.

The annual breakfast will take place Monday, January 21, 2013, at the Hutton Hotel in Nashville.

For more information on Southern Word, visit www.southernword.org.