In The News

Bone McAllester Norton Welcomes David Briley Back to the Firm’s Nashville Office

C David Briley Attorney at Bone McAllester Norton Professional indexFormer Nashville Mayor David Briley will relaunch his law practice at Bone McAllester Norton beginning on Nov. 1.

“David Briley brings not only his skills as a lawyer with a strong professional track record, but also his deep understanding of our city, and the issues and the challenges we face in the public, private and nonprofit sectors,” said Bone McAllester Norton CEO Charles Robert Bone. “Our firm is deeply involved in the civic fabric of Nashville, and he will be an invaluable resource for all of our attorneys. We could not be happier about David’s return to our firm.”

Briley practiced law from 2007-2018 at Bone McAllester Norton, where he was engaged primarily in civil, commercial and class-action litigation. He represented his clients in a variety of matters in state and federal court in both Tennessee and California, including wage and hour claims asserted by employees, securities class-action litigation, and civil litigation. He will continue to concentrate in those areas and will also advise clients on administrative and regulatory issues throughout the state upon his return to the firm.

Briley is a member of the Nashville Bar Association and previously served on the board of directors for the Housing Fund and Sister Cities of Nashville. Briley earned a bachelor’s degree from Georgetown University and his Juris Doctorate at Golden Gate University in San Francisco.

Bonelaw President and CEO Charles Robert Bone Discusses Nashville Growth

Bone McAllester Norton President and CEO Charles Robert Bone spoke with NewsChannel 5 on Nashville being named by Forbes as the city with the highest job growth among the 70 largest labor markets in the United States.

Charles Robert Bone - Bonelaw President and CEOCharles Robert Bone - Bone McAllester Norton President and CEOBone noted the firm has benefited from being in the "it city" with lawyers wanting to work in Nashville, and they’ve had no problem finding people thanks to the great education provided at area universities such as Vanderbilt, and in addition to that, they say the city supports any idea that ushers in economic growth. "You go to the city with an idea or something that needs to be done, generally the answer is yes, let's try to figure out a way to make it happen" Bone explained. Bone went on to say "Nashville's been on an unbelievable run, and we've been honored and thrilled to kind of play a part of that and kind of rise with that same trajectory."

To watch the full interview Click Here

Tennessee’s Business Court is Back in Business

Many of our clients will be happy to know that Tennessee’s Business Court is back in business as of May 1, 2017, after the Tennessee Supreme Court lifted an embargo on the filing of new cases. Clients with sophisticated business disputes and intellectual property disputes based in Tennessee can once again avail themselves of a forum whose primary function is dedicated to resolving complex cases.

Officially, the Tennessee Business Court is just a “Pilot Project,” but most attorneys and clients hope it is here to stay. (Tennessee is one of 28 states with a dedicated Business Court). Phase 1 was established by the Tennessee Supreme Court in March 2015 and was set to expire in December 2017, but it was so popular that an embargo had to be imposed earlier than that to give the presiding judge, Chancellor Ellen Hobbs Lyle, some relief. Over 90 business cases were transferred to the Business Court prior to the embargo.

Phase 1 of the Business Court was celebrated by attorneys (and judges) across the state as a huge success. It unclogged the dockets of other courts in the state. And while many courts in Tennessee function at a high caliber, Phase 1 of the Business Court gave clients access to a tribunal where judicial involvement was specifically tailored to the demands of each case, and where the presiding judge operated at the highest levels of competence, flexibility and efficiency.

Although Phase 2 of the Business Court is still in its infancy, here are five takeaways from what we know already:

1. To qualify now, a party must seek at least $250,000 in damages, compared with $50,000 under Phase 1. (If the case seeks primarily injunctive or declaratory relief, it may still qualify even if it doesn’t seek damages of that amount.)

2. If your case involves any of the following claims, it no longer automatically qualifies for transfer unless your lawyer can persuade Chancellor Lyle and the Chief Justice how those claims present “sufficiently complex commercial issues that would have significant implications for the larger business community”: breach of contract; fraud; misrepresentation; shareholder derivative actions; real property disputes; claims between business entities/owners as to their business or relationship; construction disputes; and violations of non-compete, non-solicitation or confidentiality agreements.

3. Unlike previously, cases involving trademark law now are explicitly included as qualifying for transfer, assuming the other criteria are met.

4. Where you previously had 60 days from service of the complaint to seek a transfer, you now have only 30 days.

5. Finally, as our firm has learned through experience, even if your case otherwise qualifies for transfer to the Business Court, the Supreme Court will refuse to transfer it if the complaint was filed prior to May 1, 2017. This means, unfortunately, that some clients will miss out on the opportunity for specialized resolution of their dispute in Tennessee’s Business Court.

Bonus! To read the Court’s “Guide to the Business Court” or examine past Business Court decisions, click here. If you believe your case could use a proactive approach from a hands-on judge who sets meaningful deadlines and who adapts procedures to meet the needs of your case for a customized outcome, we would be happy to discuss your case with you and see if it might qualify.