In The News

Bonelaw’s Alcoholic Beverage Attorneys Weigh in on Confusion of Tennessee’s Liquor Laws

William T. Cheek III and Robert D. Pinson, of Bone McAllester Norton’s Alcoholic Beverage Law practice, are featured in an article on MetroPulse.com regarding the confusion of liquor laws in Tennessee. Title 57 outlines the state’s mandates on all things alcohol-related, and, as the article points out, anyone in the industry finds the rules confusing, contradictory and in need of a redo.

“I would love to rewrite all of Title 57,” Pinson told the reporter. “I think that’s something that a lot of people want, but no one wants to do the work.” One area in particular that needs a revise, Pinson said, is the Tennessee Alcoholic Beverage Commission’s budget. “If they had more staff, there wouldn’t just be more enforcement, they could offer more education so maybe there would be less confusion over some of these laws.”

 

 

 

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 Address Current State of Alcohol in Tennessee at LAW Event

Bone McAllester Norton attorney William T. Cheek III has been slated as a panelist at the Lawyers Association for Women (LAW) August membership meeting. “The Current State of the Law of Where You Can Make, Drink and Sell Alcohol in Tennessee” will take place at Tuesday, Aug. 19, at BB King’s Blues Club in downtown Nashville. Joining Will in this panel discussion are Emily Ogden of Grassroots Strategy, LLC; Will Newman of Edley’s Bar-B-Cue and The Filling Station; and Bailey Spaulding of Jackalope Brewing Company. One hour of general CLE credit is available.

Will leads Bonelaw’s Alcoholic Beverage Law Team and provides licensing and regulatory compliance advice to restaurants, hotels, bars, clubs, craft distilleries and breweries. His clients range from small chef-owned restaurants to large publicly traded corporations. He has become nationally known as the go-to source for Tennessee liquor law.

Find out more about this LAW event 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.

Keep Tennessee Courts Fair & Impartial

Bone McAllester Norton's board of directors sent out a memo yesterday to friends, colleagues and clients, urging voters in Tennessee to retain the state’s current appellate judges. The question, on the current ballot, asks voters to retain or replace three members of the Tennessee Supreme Court. The board unanimously approved a resolution supporting the retention of these judges.

To read the full memo, click 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.

Tennessee Whiskey Debate Turns to Battle Between Giants

Bone McAllester Norton attorney William T. Cheek III was quoted in the Wall Street Journal in what has become a battle between Brown-Forman’s Jack Daniel’s brand and industry giant Diageo. Bonelaw client Popcorn Sutton Distilling LLC is leading a group of craft distillers in efforts to make technical corrections to the state whiskey laws. Although technical, the corrections will be an enormous benefit for the craft distilling industry in Tennessee.

Read the article here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 37 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.

Legal Designation of “Tennessee Whiskey” is Causing a Debate Between Liquor Giants, The Tennessean Reports

In 2013, Tennessee’s state legislature passed a law designating what can be classified and sold as “Tennessee whiskey,” and in this year’s session, lawmakers are attempting to tweak that law. Under the current law, “Tennessee whiskey” must be made from fermented mash of at least 51 percent corn, aged in new oak barrels, charcoal mellowed and stored in the state, reports The Tennessean. The tweak would require that whiskey be mashed and distilled in Tennessee and would remove the requirement for charcoal filtering, a measure that Bone McAllester Norton Alcoholic Beverage Law client Prichard’s Distillery supports. "If I wanted my whiskey to taste like Jack Daniel's, I'd make it like Jack Daniel's," said Phil Prichard, owner and master distiller of Prichard's Distillery in Kelso, Tenn.

Read the full article here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 37 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.

Whisky Advocate Talks to Will Cheek

Bone McAllester Norton attorney Will Cheek is featured in the Winter 2013 issue of Whisky Advocate. The story titled “Tennessee Whiskey in High Definition” outlines the new formal mark of distinction for a product to be labeled “Tennessee whiskey”—it must be charcoal-mellowed before aging. Some critics say this inhibits the growth of the craft spirits industry, an area where Tennessee has recently experienced huge growth.

“Why hinder the rebirth of an industry that has huge profits for the state? Why put limits on the way to make whiskey to one production method?” he told the magazine.

Whisky Advocate is the nation’s leading whiskey magazine. Click here to read the article.

 

Bone McAllester Norton PLLC is a full-service law firm with 37 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, environmental matters, criminal defense and government investigations and labor and employment. Our client base reflects the firm's deep understanding and coverage of today's leading industry and business segments. For more information, call 615-238-6300 or visit www.bonelaw.com.


Music City Center and Cumberland Region Tomorrow Honored with Governor’s Environmental Stewardship Awards

Congratulations to Bone McAllester Norton clients Music City Center and Cumberland Region Tomorrow for receiving the 2013 Governor’s Environmental Stewardship Awards today. Eleven winners were chosen in nine categories, recognizing voluntary actions taken to improve or protect the environment and natural resources. Winners will receive their official recognition in an awards ceremony on June 25.

To read more about the Governor’s Environmental Stewardship Awards, in its 27th year, click here.

 

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 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 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.

Boutique Movie Theater to Anchor New Brentwood Development

Bone McAllester Norton client CineBistro is looking to bring its upscale dinner and a movie concept to Tennessee.  CineBistro features chef-prepared food for dining in front of the big screen.

 

Boutique Movie Theater to Anchor New Brentwood Development

Bone McAllester Norton client CineBistro is looking to bring its upscale dinner and a movie concept to Tennessee.  CineBistro features chef-prepared food for dining in front of the big screen.

 

Was Dope the First Step to End the ABC?

By: Will Cheek
The Legislature considered curtailing the authority of ABC agents to enforce marijuana laws and eliminate their authority to arrest for criminal drug offenses. This seemingly innocuous change could have been the first step toward eliminating the ABC as a stand-alone agency. The change could have easily impacted the training and pay of ABC agents.

ABC agents have historically been active in marijuana eradication in Tennessee, benefiting from both federal and state funding, and being active in major raids. We presume that marijuana eradication is an important reason behind funding for higher salaries and more-comprehensive training for ABC agents.

The legislation failed this year, but we encourage industry insiders to closely monitor this issue in upcoming legislative sessions. Nationally, many states have considered merging their state ABC into other agencies, largely as a cost saving measure. Liquor experts generally agree that combining ABC functions with other state agencies is bad for the industry. Very bad.

In a heavily regulated industry, having dedicated trained experts in the field is generally seen as a necessary evil. If nothing else, it provides a relatively level playing field for competitors that might otherwise openly break laws to make money, if no one were watching.

With competition driving sales practices, instead of law enforcement, insiders see movement to a more reckless environment that could easily cause major increases in insurance, and eventually to overly restrictive legislative responses. Anyone remember Prohibition?

Eliminating the law enforcement duties of ABC agents simplifies merging the ABC with other state agencies. We saw this as a first step toward eliminating the Tennessee ABC, which from all signs is not good for the alcoholic beverage industry.

Attorney Chris Raybeck Closes Company Purchase

Chris Raybeck was instrumental in this company purchase. Omega Apparel Incorporated is now Military Veteran Owned
SMITHVILLE, Jun 15, 2012 - Smithville, TN based Omega Apparel Incorporated was recently acquired by Brentwood, TN resident Dean Wegner. Dean is a 1993 graduate of West Point and a 7-year Army helicopter pilot and Army Ranger veteran. He was most recently a Business Development Executive for Mars Inc. and formerly with Procter & Gamble. Dean acquired the business from former owners Richard Chase and Brian Roberge. Richard and Brian are 45+ year veterans in the apparel industry. They owned Omega Apparel for 18-years and built a best-in-class reputation for Quality and Customer Service that provides a tremendous platform for future growth. Dean brings a pro-growth mindset to Omega Apparel with the goal of acquiring additional business to enable job creation in Smithville and Middle Tennessee. Richard and Brian will remain on Omega’s Advisory Board of Directors for 3-years to provide strategic guidance and maintain the company bedrock of Quality and Customer Service. All current employees of Omega Apparel will remain in place and there will be no changes in key staff and leadership. Dean is committed to job creation and investing in the Smithville community. Russ Brue, a former Finance Manager with Mars Petcare will join as the new CFO. Omega Apparel Incorporated is a leading producer of uniforms for the Department of Defense. The company specializes in making dress pants and skirts for the Army, Navy, Air Force, and Marines. The production facility is based in Smithville, TN and employs a workforce of 200+.

Attorney Rob Pinson Graduates From Tennessee Leadership Law Program

NASHVILLE, June 12, 2012 -- Thirty-five attorneys from across the state graduated from the Tennessee Bar Association's Leadership Law program during the association's annual convention in Memphis last week.

Now in its ninth year, Leadership Law is designed to equip Tennessee lawyers with the vision, knowledge and skills necessary to serve as leaders in their profession and local communities.

Bone McAllester Norton is excited to congratulate Rob on this achievement.

To read more, click here.

Attorney Anne Martin speaks at Society for Human Resource Management Conference

Anne Martin spoke at the 2012 SHRM Tennessee Employment Law & Legislative Conference on May 18, 2012. Anne led one of the conference sessions titled “The ABC’s of Leave and Disability Issues.” Anne also participated with other speakers in a discussion regarding the latest trends in employment law

and to answer questions of conference attendees. The conference was attended by over 300 human resource professionals and employment law attorneys.

Federal Disaster Assistance: Navigating the Process

A total of 27 Tennessee counties have been declared disaster areas by the federal government and the number continues to rise. FEMA funds will be available to those in the affected areas by registering online or over the phone. You will need Social Security numbers of all family members (including children).  Click here and follow instructions and/or call 1-800-621-FEMA (3362) or local (615) 790-5725.

FEMA will send someone to your property to assess damage. Be sure to document the damage and clean up efforts taking lots of pictures and/or video. There should be federal money available for hotels, temporary housing, repairs, construction costs, and even debris removal. Save all receipts as detailed documentation will be necessary to receive insurance reimbursement, to apply for grants and loans, and to take casualty tax write-offs for losses due to flood damage.

Contact your homeowner’s insurance as well. Tell them you wish to file a claim even if you think you don’t have flood insurance. You are entitled to have your situation reviewed by an adjuster.

 

BMN Attorney Rob Pinson Speaks at Lorman Seminar

On May 4, 2012 attorney Rob Pinson spoke at a Lorman seminar regarding Tennessee Election Laws. Lorman Education Services offers a line of legal seminars designed for attorneys of varying experience levels and areas of practice. Lorman is a leading provider of continuing education seminars for a variety of industries in the United States and Canada.

 

Tucker Herndon and James Mackler Named in Nashville Post's Law Leaders Rising List

Law Leaders Rising

A strong group of young attorneys is making its mark on Nashville’s legal scene.

Published January 10, 2012

by Philip Nannie

Nashville has long been respected for its legal community, a business sector often defined by seasoned law professionals with stellar resumes and, in some cases, national notoriety. And for years, that community was defined in large part by men who earned their JDs at the Nashville School of Law, the University of Tennessee or Vanderbilt University.

However, Nashville’s impressive array of attorneys would not be as noteworthy without a cadre of young guns, often 20- and 30-somethings making major names for themselves. They have attended law schools throughout the nation, they have interesting legal specialties and they are — like the city in which they practice — far more diverse than their peers of a generation or even a mere 10 years ago.

In an attempt to highlight the best of this strong crop of fast-rising legal stars, Nashville Post interviewed dozens of local attorneys to solicit feedback. Based on the pros’ recommendations and our own research, we whittled down an impressive pool of dozens of candidates to the arbitrary number of 21. We did not include partners unless they started their own firms and we sought out a mix of industry specialists and emerging all-rounders. Together, they make up Nashville Post’s first Law Leaders Rising list.

Congratulations to Tucker Herndon and James Mackler:

Tucker HerndonMember
Bone McAllester Norton

Comments like “outstanding young lawyer,” “amazing worth ethic” and “effective leader” are a mere sampling of what folks around here think of the 2008 graduate of the Nashville School of Law. And, despite Herndon’s relative few years in the legal trenches, we consistently heard people say they were surprised to learn how young he was upon meeting him. Nevertheless, Herndon has impressed. His law practice centers on commercial lending, creditors’ rights, foreclosure and general real estate law. And, he has earned a unique reputation as the local “go to” attorney for expertise in alcohol beverage licensing and the regulatory and compliance aspects of that area of the law.

James MacklerMember
Bone McAllester Norton

Mackler, a New York City native, Duke University graduate and alumnus of the University of Washington School of Law, was contentedly practicing law in Denver before Sept. 11, 2001, changed his world — and a little more than most. Inspired by those events, Mackler walked away from the Denver law practice he’d spent seven years building and, by an amazingly circuitous route, found himself in the cockpit of a Blackhawk helicopter with the 101st Airborne serving missions in Iraq.

After an intense one-year deployment, Mackler returned to the U.S. Army Judge Advocate General Corps office, serving as legal advisor there, before relocating to Nashville in 2011 and affiliating with the Bone McAllester firm.

Click here for the entire article (subscription required)

Three Days in January Made Copyright History

Stephen J. Zralek © 2012

Three days in January 2012 witnessed some of the most important events in recent history in the world of copyright.

On January 18, the Supreme Court issued Golan v. Holder, which held that Congress is empowered remove works like the symphony classic Peter and the Wolf from the public domain in the United States, preventing orchestras, musicians and others from using these works unless they get permission and pay a license fee to the copyright holders.

On the same day, the technology community mobilized millions of people to voice their disagreement with SOPA and PIPA, two bills supported by the entertainment industry that were designed to fight online piracy. After blackouts by Wikipedia and protests encouraged by tech giants like Google, by January 19 most members of Congress had withdrawn their support for both bills.

On January 20, the United States arrested Kim Dotcom. He was arrested in Auckland, New Zealand for a file-sharing site called Megaupload.com that was based in Hong Kong. The site allegedly generated over $175 million by illegally copying and distributing music, movies and other copyrighted material without authorization.

What does all of this tell us? Three important things.

First, protection of our country’s intellectual property relies on international cooperation. For us to arrest Mr. Dotcom, who is alleged to have stolen millions from American content creators, we needed the help of authorities in Hong Kong and New Zealand. Which is where Golan v. Holder comes in: no one likes hearing that Peter and the Wolf and other classics have fallen out of the public domain and back into exclusive ownership, but for our country to benefit from international copyright treaties, we also must abide by them. International treaties are what prompted Congress to pull certain works out of the public domain, and what prompted the Supreme Court to reach the conclusion it reached in that lawsuit.

Second, if we didn’t recognize it before the rise and fall of SOPA and PIPA, there’s no denying the tension between content creators and content providers; between the entertainment industry and the technology industry. Our technology is intertwined with our entertainment and our content, so we need these camps to work together. Unfortunately for now, the tension is insurmountable: technology camps want free flow of information while content creators want protection for their original works. Ultimately, these two teams will have to reach a compromise, and Congress cannot ignore the need to protect American intellectual property from online international piracy, like the theft allegedly coordinated by Mr. Dotcom.

Finally, the online protests of SOPA and PIPA mobilized a new segment of concerned citizens. Google claims it gathered over seven million signatures in 24 hours in opposition to the bills. The implications of that statistic are simultaneously infinite, impressive and intimidating.

Attorney Andrea Perry Wins ATHENA Young Professional Leadership Award

Congratulations to Andrea Perry on being named a 2012 ATHENA Young Professional Leader!


The Nashville ATHENA Award Program is proud to sponsor the ATHENA Young Professional
Leadership Award. This international award recognizes emerging women leaders across professional
sectors for exemplary leadership. It actively supports and celebrates the ATHENA mission of supporting,
developing and honoring women leaders, inspiring women to achieve their full potential, and helping to
create balance in leadership worldwide. It honors women between the ages of 25 and 40 who excel in
their chosen field, devote time and energy to their community in a meaningful way, and serve as a role
model for young women.


 

 

Attorney Andrea Perry Wins ATHENA Young Professional Leadership Award

Congratulations to Andrea Perry on being named a 2012 ATHENA Young Professional Leader!

The Nashville ATHENA Award Program is proud to sponsor the ATHENA Young Professional
Leadership Award. This international award recognizes emerging women leaders across professional
sectors for exemplary leadership. It actively supports and celebrates the ATHENA mission of supporting,
developing and honoring women leaders, inspiring women to achieve their full potential, and helping to
create balance in leadership worldwide. It honors women between the ages of 25 and 40 who excel in
their chosen field, devote time and energy to their community in a meaningful way, and serve as a role
model for young women.