We're honored to have made the list of The Tennessean's Top Workplaces!
Bone McAllester Norton has been awarded a 2016 Top Workplace honor by The Tennessean. The Top Workplaces lists are based solely on the results of an employee feedback survey administered by Workplace Dynamics, LLC. Several aspects of workplace culture were measured with rankings and essay questions where data was compiled, compared and provided back to the firm for process improvement as well as training and retention programs.
“The Top Workplaces award is not a popularity contest. And oftentimes, people assume it’s all about fancy perks and benefits.” says Doug Claffey, CEO of WorkplaceDynamics. “But to be a Top Workplace, organizations must meet our strict standards for organizational health. And who better to ask about work life than the people who live the culture every day—the employees. Time and time again, our research has proven that what’s most important to them is a strong belief in where the organization is headed, how it’s going to get there, and the feeling that everyone is in it together. Claffey adds, “Without this sense of connection, an organization doesn’t have a shot at being named a Top Workplace.”
For the full article, click here.
In The News
We're honored to have made the list of The Tennessean's Top Workplaces!
Stacey Garrett Koju, founding member of Bone McAllester Norton held an employment law workshop for the members of NACE, the National Association for Catering and Events. This event was held to offer the latest and best practical information in today's world of employment law.
On Wednesday, June 22, 2016, Stacey put together a team of lawyers specializing in the different areas of liability, estate planning, salary regulations, negligence and the latest in liquor licensing for the members of NACE. The agenda included:
David M. Anthony - Contract Essentials, Unpaid Accounts, Third Party Claims and Equipment Recover
Jonathan R. Burns - Estate and Succession Planning
Our client, the Ryman Hospitality Properties is banking on that. In the last couple of years they have poured over $30 million into renovations and purchases in downtown Nashville.
Just last week the announcement was made that Ryman Hospitality purchased 114 Second Avenue North and plans to turn that location into a new entertainment venue.
To read the entire article in The Tennessean, click here.
Wine In Grocery Stores (WIGS) is happening. The time is near - we are about two weeks away from the July 1 date that allows businesses with the appropriate license to sell wine in Tennessee retail food stores.
The Alcoholic Beverage Commission has been churning out conditional letters of approval and retail food store licenses. Kudos to the new Executive Director, Clay Byrd! For the full story in The Tennessean, click here.
Our Alcoholic Beverage Law Group has been working round the clock as well. This team of attorneys, paralegals and assistants are the go-to source for liquor licensing in Tennessee. Led by Will Cheek - attorney, self-proclaimed foodie, and author of the well-known blog, Last Call.
We are so excited to see the lineup for this fall's Pilgrimage Festival. A client of BoneLaw, this event is in its second year and slated to be better than the first.
The Tennessean has a great article about what the planners learned from the inaugural event and changed made as a result. To read the article, click here.
An excerpt from the article:
What's new for year 2?
We talked to Pilgrimage Festival co-founders Kevin Griffin and Brandt Wood about what's new and improved about Pilgrimage in its second year:
It'll be easier to get a beverage: "We're putting a few more bars in, because people came thirsty," says Wood. "We noticed some (long) beer lines, and we were called out on it. We are going to fix that by adding more bartenders, more bars and the same great selection of craft beer, wine and spirits. We weren't sure how robust it needed to be, and it was impressive. People came out to party."
Griffin had to be talked into booking his own band, Better Than Ezra: "I didn't want it to be, 'Hey! I started a festival, and I'm playing!'" Griffin explains. "You know? In a spot (on the lineup) that's too high. I didn't want to give anybody any ammo (to criticize the festival), because I wanted to have a purity of the whole thing. This is what this (festival) is about. It's not about my performing career. But so many people said, 'We want you to play,' and I can get my band cheap." Read more. . .
In my research for this short piece I am reminded of an interesting fact- Walmart is the largest retailer in the world. The World.
All across Tennessee, our client, Walmart, is preparing for the sale of wine in its stores. What an undertaking this is for them; there are 104 Walmart stores and 16 Sam's Club locations in Tennessee!
Officials said, "Walmart is making it simple for customers to get their groceries, their favorite wines and everything else they need, all in one place, and at our Every Day Low Prices."
For the full article in The Chattanoogan, click here.
For the news report with WBBJ 7 Eyewitness News, click here.
For the full article in The Tennessean, click here.
Bone McAllester Norton partnered with Burr Forman to license Walmart statewide in Tennessee.
15 days remain until wine in grocery stores is available across the state, for many of us, this just means we have one less stop to make on the way home.
This photo was taken just after Will Cheek, Tucker Herndon (partner at Burr Forman) and Tennessee's ABC Director Clay Bird got the first of 104 Walmart and 16 Sam's Club liquor licenses for wine in grocery stores! BoneLaw's Liquor Law Expert, Will Cheek, writes about this historic moment in his blog, Last Call.
Will Cheek leads the firm’s Alcoholic Beverage Team and writes an informative and often entertaining blog, Last Call, covering alcohol and hospitality news and events. He is nationally known as the go-to source for Tennessee Liquor Law.
Opry Mills Eyed for Tennessee's First Enclosed Retail Center Distillery
From: Nashville Post
In a move that could yield a first for Nashville and the state, Metro Councilman Jeff Syracuse is seeking to amend Metro’s code to permit an artisan distiller to operate at Opry Mills mall.
Specifically, Syracuse’s move involves an update to the code that regulates the city’s various commercial attraction (CA) districts.
“We’re doing due diligence to see if it’s viable,” said Syracuse, in whose District 15 the mall sits. “It would be a great amenity for Opry Mills.”
At press time, the company had not consented to being identified, and its name is on no Metro or state documents. Syracuse, who declined to ID the company, said much work remains to be done on the effort. The Metro Planning Department has yet to finalize rezoning request documents.
“We are beginning the process of making sure from a zoning and building code perspective that all factors — such as ventilation and fire suppression systems — are considered,” he said. Syracuse said officials with the Metro Planning and Codes departments are expected to meet later this week to discuss the issue.
Rob Pinson, a Bone McAllester Norton attorney with a focus on alcoholic beverage law, is representing the prospective distillery. He declined to disclose the identification of the company but noted it is not located in Tennessee.
“The company would like to offer flavored vodkas and moonshine,” Pinson said. “They will rely heavily on foot traffic at the mall.”
If it materializes, the distillery would be the first to operate within an enclosed mall in the state. In contrast, Ole Smoky Tennessee Moonshine distills at outdoor shopping center The Island in Pigeon Forge.
Davidson County is home to Corsair Artisan Distillery located in Wedgewood-Houston and Marathon Village, Nelson’s Greenbrier, Nashville Craft Distillery, SPEAKeasy Spirits Distillery and Prichard’s Distillery at Fontanel in Joelton. Metro has approximately 57 CA districts, all located within the general Opry Mills and Music Valley area in east Davidson County.
Indianapolis-based Simon Property Group owns Opry Mills mall.
This article copied entirely from the Nashville Post.
Gigi's Cupcakes? Its only a local favorite, a Nashville start-up with now over 105 stores in the United States in under eight years. Gigi's Cupcakes is one of the most sought after gourmet cupcake and bakeries in the country!
We are so excited for Gina Butler and her new role as Chief Innovator!
There is a great story about the sale to Texas-based private equity group, FundCorp. in the Nashville Business Journal. Please click here for the story.
W. Justin Adams. Justin Adams is an experienced business lawyer and litigator who represents companies and individuals in corporate, health care, and employment transactions and disputes, often in the role of outside general counsel. He also represents individuals in criminal and civil investigations.
As a business lawyer, Justin has served as outside general counsel to health care and other businesses, represented buyers and sellers in multi-million dollar health care transactions, and advised health care companies on Stark and Anti-Kickback issues. As a litigator, he has helped businesses and individuals win victories and negotiate favorable settlements in complex commercial, employment, and regulatory disputes as well as state and federal criminal cases and government investigations.
“Justin will be an enormous asset for our corporate, health care, employment, and dispute resolution groups,” said Chairman Charles W. Bone. “He has an impressive track record of advising businesses and individuals in a broad range of complex transactions and disputes.”
Justin holds a J.D. from Vanderbilt University Law School (2001, Order of the Coif) and a B.A. in English from Sewanee: The University of the South (1998, summa cum laude, Phi Beta Kappa). Before beginning legal practice, he clerked for the Honorable Andrew J. Kleinfeld of the United States Court of Appeals for the Ninth Circuit in Fairbanks, Alaska.
Before joining Bone McAllester Norton, Justin practiced thirteen years with Trauger & Tuke, where he began his career and focused on corporate, healthcare, and employment law as well as civil litigation and criminal defense.
Bone McAllester Norton attorney, David Anthony, offers some sound advice for those considering burning traffic citations.
"I would advise a client not to listen to Representative Holt if the client received a ticket in the mail" says Anthony. "It may not be likely for a municipality to sue someone for a $50 ticket, but it is certainly possible."
For the full article/video, please click here.
Yesterday at the TABC (Tennessee Alcoholic Beverage Commission) meeting, a new head of the agency, Clayton Byrd, was named. Mr. Byrd replaces Ginna Winfree, who was the agency's attorney and had been serving as interim director since Keith Bell resigned in March of this year.
Will Cheek, Tennessee's alcoholic beverage law expert, said he is pleased with the decision.
"Kudos to the ABC for selecting Director Byrd. He has industry experience, knows many of the key players and seems to be precisely what the ABC needs to best serve the alcoholic beverage industry, which is a key economic engine for Tennessee," Cheek stated.
Will Cheek leads the firm's Alcoholic Beverage Team and writes an informative and often entertaining blog, Last Call, covering alcohol and hospitality news and events. He is nationally known as the go-to source for Tennessee Liquor Law.
A full article was written by Cari Wade Gervin for the Nashville Post.
Kings Bowl in Franklin will be right up your alley.
This past weekend's, Tennessean Portfolio features an article about Bone McAllester Norton client, Kings Bowl. Click here for the full article in The Tennessean.
Kings Bowl has recently opened in the Cool Springs Galleria Mall. With 25,000 square feet of bowling, eating and live music, there is sure to be some kind of fun for everyone. And to make certain that is true, the Kings national chain has an executive chef with a full-service kitchen, a craft beer room and a whiskey room - along with a few lanes for bowling.
A Bone McAllester Norton client is planning a new honky-tonk on Lower Broadway - Nudie's Honky Tonk. Let me explain. . .
This new live music/bar/restaurant takes its name from Nudie Cohn and will open this summer at 409 Broadway.
Nudie Cohn is the professional name for Nuta Kotlyarenko, the Ukrainian-born American tailor known for his decoratively designed rhinestone-covered suits - the "Nudie Suits". He created these outlandish suits for the likes of Porter Wagoner, Elvis, Robert Redford, Hank Williams, George Jones, Ronald Reagan, etc.
So, Nudie's Honky Tonk will be a three-story, 12,000 square foot bar/club/restaurant featuring live music, several bars and a full kitchen offering Southern style comfort food.
Anne C. Martin has recently been elected a Fellow of the Tennessee Bar Foundation, an association of 818 attorneys across the state. Invitations to membership, which is a position of honor, were extended to 30 attorneys this year by the Board of Trustees of the Tennessee Bar Foundation. This introduction of new Fellows took place in May at the annual Fellows’ Dinner in Nashville.
“Anne is one of the top rated employment litigation attorneys in Tennessee”, says Chairman Charles W. Bone. “Anne’s dedication and outstanding contributions to the legal profession make this a natural fit. She’ll be a passionate advocate for their public interest projects throughout Tennessee.”
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 $20 million to law-related, public interest projects across Tennessee.
Martin is a Member in the firm of Bone McAllester Norton, PLLC and has been practicing law in Nashville for almost 25 years. She is a graduate of Smith College and Vanderbilt University Law School.
The fourth Fresh Market in the Nashville area is opening on the west side of Nashville in the Lion's Head Village Shopping Center. It will be taking the space that was previously the OfficeMax and is slated to open in the Spring of 2017.
For the entire article in The Tennessean, click here.
Legal Alert: Tennessee Supreme Court Reverses Appeals Court Decision on Landfill Cleanup
Bone McAllester Norton attorneys Sharon O. Jacobs and C. David Briley for the appellee, ACC, LLC.
The Tennessee Supreme Court has reversed a Court of Appeals decision concerning the cleanup of a landfill that has been discharging pollutants into a Maury County lake.
From 1981 to 1993, ACC, LLC operated a landfill in Maury County, Tennessee, where it disposed of aluminum recycling wastes from a local aluminum smelting plant. Within a few years of becoming operational, the landfill began to discharge chlorides and ammonia into water that drained into a local lake. This discharge was in violation of the Water Quality Control Act and the Tennessee Solid Waste Disposal Act.
Over several years, ACC worked with the Tennessee Department of Environment and Conservation (TDEC) in an attempt to remedy the problem. After a number of efforts proved unsuccessful, ACC and TDEC agreed that the best solution would be to remove the waste causing the pollution from the landfill site. In 2011, ACC and TDEC entered into an administrative consent order requiring ACC to divert water from entering the landfill and, over a four-year period, remove the landfill waste. The order was filed in the Davidson County Chancery Court for approval.
StarLink Logistics Inc., a neighboring landowner, intervened in the Chancery Court proceeding and objected to the terms of the order. StarLink was concerned that the discharge of pollutants from the landfill site onto its property would continue during the removal of the waste. Because the parties could not reach an agreement, the Chancery Court remanded the matter to the Tennessee Solid Waste Disposal Control Board for a contested hearing.
On remand, ACC and TDEC negotiated a new order, which was presented to the Board for approval. After hearing testimony from a number of witnesses, the Board voted to approve the proposed order, agreeing that the best and most economically feasible option would be to remove the waste from the landfill site. The Court of Appeals reversed the Board’s decision, finding it to be arbitrary and capricious because it failed to fully consider the other options discussed at the hearing, such as having StarLink pay for pipes to divert the contaminated water.
In a unanimous opinion authored by Chief Justice Sharon G. Lee, the Supreme Court held that the Court of Appeals misapplied the appropriate standard for reviewing decisions of administrative agencies like the Tennessee Solid Waste Disposal Control Board. Under the Uniform Administrative Procedures Act, the decisions of the Board are to be afforded deference whenever it is acting within its area of specialized knowledge, experience, and expertise. As a result, Board decisions may only be overturned if the decision is shown to be in violation of constitutional or statutory provisions, in excess of the statutory authority of the agency, made upon unlawful procedure, arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion, or unsupported by substantial and material evidence.
In reversing the Court of Appeals, the Supreme Court held that the Board’s decision did not fit within any of these criteria and thus should have been affirmed. The Court disagreed that the Board’s decision was arbitrary, capricious, and a clear error in judgment, explaining that the Board gave fair consideration to the diversion option and rejected it as a viable solution. According to the Supreme Court, the search for another solution by the Court of Appeals was improper. The case will now return to the intermediate appellate court to decide other issues previously left unsettled.
Read the opinion in StarLink Logistics Inc. v. ACC, LLC, et al. authored by Chief Justice Lee.
Copied from: TennesseeCourts.gov.
You can imagine the excitement to know that we will be getting our very own Whole Foods in downtown Nashville!
According to The Nashville Business Journal, this full-service grocery store will soon call 1214 Broadway home.
1214 Broadway will be the home of the latest Endeavor Real Estate Group project, a proposed 27-story tower at the corner of 12th Avenue North and Broadway.
To read the full article in The Nashville Business Journal, click here.
We are honored to share that four of our attorneys have been selected to Nashville's Best of the Bar list, published by the Nashville Business Journal. The process for determining the list this year has changed. First, lawyers were grouped into categories by areas of practice not firm size and secondly the voting weight was distributed more heavily among voters outside the nominee's own firm.
Our own Best of the Bar lawyers are:
Corporate & Securities
The attorneys who made the Best of the Bar list will be recognized at a cocktail reception on June 2. Congratulations to all the attorneys!
To see the entire list published in the Nashville Business Journal, click here.
President and CEO of Bone McAllester Norton, Charles Robert Bone has been selected to assist Tennessee State University as they undergo a transition to a new Board of Trustees.
The university announced the formation of the 16-member committee earlier this month. The committee will guide the TSU administrators, faculty and staff as they prepare to implement the Focus on College and University Success Act. The FOCUS Act allows each public Tennessee university to establish its own independent board.
"We know that what's needed in this type of transition is high-powered individuals with governance experience," TSU President, Glenda Glover says. "The team will provide though leadership to assist us in determining how we prepare for the new board."
To read the entire article in The Tennessean, click here.
Members of the TSU Transition Advisory Committee
- Traci Otey Blount, executive vice president of corporate marketing and corporate affairs at Robert L. Johnson Entertainment
- Charles Robert Bone, chief executive officer of Bone McAllester Norton
- Lauren J. Brisky, retired, vice chancellor for administration and chief financial officer at Vanderbilt University
- Beverly Carmichael, senior vice president and chief people officer at Cracker Barrel Old Country Store
- Colleen Conway-Welch, former dean of Vanderbilt School of Nursing
- George L Davis Jr., chief technology officer at Ultimate Progress Incorporated
- Kelley Castlin-Gacutan, superintendent of Birmingham Public Schools
- Fred Humphries, former president of Florida A&M University and Tennessee State University
- Jamie Isabel, owner of Dalmatian Creative Agency
- Richard Lewis, owner at Lewis & Wright Funeral Home
- Dr. Edith Peterson Mitchell, president of the National Medical Association
- Wendell Moore, senior public policy adviser at Baker Donelson and former deputy governor
- Shirley Raines, former president of the University of Memphis
- Maria Thompson, president of Coppin State University in Baltimore
- Bishop Joseph W. Walker III, senior pastor of Mt. Zion Baptist Church
- Brenda Wynn, Davidson County clerk