In The News

Bone McAllester Norton Lawyers Stephen Zralek & Maria Campbell Prevail in Trademark Infringement Trial

Stephen J Zralek Attorney at Bone McAllesterStephen J ZralekBone McAllester Norton PLLC is pleased to announce the firm prevailed at trial in a trademark dispute for plaintiff Tanzy Clark, owner of Salon Mogulz, before the Tennessee Business Court.  

The Court found Clark was the senior user of the trademark “Salon Mogulz” in connection with these services and that she successfully established likelihood of confusion. The Court permanently enjoined the defendant from using “Mogulz Barber & Lounge” or any confusingly similar mark for his business that incorporates the word “Mogul” in connection with hair services.

Maria Q Campbell AttorneyMaria Q CampbellWhile the defendant tried to demonstrate his own senior use through the legal doctrine of tacking, to prove that he began using “Moguls of Nashville City Club” or “Moguls of Nashville” before Clark's use of “Salon Mogulz”, the Court concluded that his marks failed to create the same continuing commercial impression as his current mark, "Mogulz Barber & Lounge."

The BMN legal team was led by Stephen Zralek, a commercial litigator with a focus on intellectual property and business disputes, and litigation attorney Maria Campbell. A copy of the opinion is found here

Bone McAllester Norton Leaders attend Carter Work Project Groundbreaking

Carter-Work-Project-press-conference-and-10-3-18-Groundbreaking Carter Work Project - Press Conference and Groundbreaking

Sam J McAllester III Attorney at Bone McAllester NortonSam J McAllester IIINashville has been selected as the host city for the 36th annual Habitat for Humanity Jimmy & Rosalynn Carter Work Project. On Oct. 3, Bonelaw attorneys Sam J. “Mac” McAllester III and Charles W. Bone joined Mayor David Briley, family, friends, local leaders and Habitat for Humanity for the groundbreaking celebration in the Park Preserve neighborhood of North Nashville.

World-renowned music superstars Garth Brooks and Trisha Yearwood have joined forces with the Carters to help bring 500 volunteers together to build 20 homes for low-income families in one week from Oct. 6 to 11, 2019. The 36th Annual Carter Work Project will help increase the inventory of homes in Park Preserve, a 42-acre community in North Nashville developed by Habitat.

Charles W Bone Attorney at Bone McAllester NortonCharles W Bone AttorneyThere will be a total of 175 homes, serving 58 families when complete. The funding raised for the project has allowed an additional 12 new single family homes and 26 new townhomes to also be constructed by the year 2021. The anticipated 2019 Carter Work Project, alongside Habitat’s continued efforts throughout the year, will make a significant impact on affordable housing across Metro Nashville.

From the firm’s beginning, the leaders at Bone McAllester Norton have valued creating a culture founded upon making a difference for good. Bone McAllester Norton’s attorneys partner with more than 130 local organizations, including Habitat for Humanity. McAllester, a founder and vice chairman of the law firm, has been a member of the Finance Community for Habitat since 2012 and currently serves as a member of Habitat’s Board of Directors in Nashville. 

For more information about the 2019 Carter Work Project, visit Habitat for Humanity’s website.

Bone McAllester Norton attorney Trace Blankenship speaks at 3rd annual Nonprofit Bootcamp

Trace Blankenship Member General Counsel at Bone McAllester NortonTrace Blankenship Member General CounselBone McAllester Norton attorney Trace Blankenship spoke at Blankenship CPA Group’s 3rd annual Nonprofit Bootcamp on Oct. 2 about the specifics of the state’s data breach law, and what nonprofit board members and executives need to know about the privacy of donors and other constituents. Blankenship also provided guidance on how and why the board of directors should become immediately engaged in cybersecurity strategy, if not already. The annual half-day event gathered together Nashville CEOs, CFOs, development directors, board members and other not-for-profit leaders and professional advisors for informative sessions covering trends and changes in technology that effect every nonprofit. Other sponsors of the event included Lighthouse Counsel, Image Quest, and Bone McAllester.

In his presentation, Blankenship discussed key legal issues such as the duties and liabilities of officers and directors when making difficult decisions, a sample privacy policy for a nonprofit organization, and the top 10 things that could keep board members awake at night. For over 20 years, he has regularly advised and counseled boards of directors, chief executives, and entrepreneurs on the strategy, structure, and execution of significant business transactions in the life cycle of a company. The Nashville Business Journal has said, “If one of Trace Blankenship’s clients has a big decision to make, you can bet he has a seat at the table.” His practice is national in scope and is concentrated on mergers and acquisitions, venture capital/capital-raising transactions, securities regulation, and corporate governance/board strategy. Trace has been named to Best Lawyers in America every year since 2014 and was selected in 2017 and again in 2018 for the Nashville Business Journal’s “Best of the Bar.” He is also a contributing author of Director’s Handbook: A Field Guide to 101 Situations Commonly Encountered in the Boardroom, published by the American Bar Association in April 2017. Trace also serves as general counsel and as a board member of the law firm.

For more information about Nonprofit Bootcamp, visit their website.

Bone McAllester Norton Welcomes Experienced Litigator to Nashville Office

I'Ashea Myles Dihigo Attorney at Bone McAllester NortonI'Ashea Myles Dihigo AttorneyBone McAllester Norton PLLC announced the addition of attorney I'Ashea Myles-Dihigo, an experienced commercial construction and business litigator who also has counseled clients on alcoholic beverage laws.

Myles-Dihigo’s construction practice includes handling matters related to the building and development of both commercial and residential properties. Her experience includes representing owners, contractors and subcontractors in federal and state courts. Additionally, she counsels her clients through the building process, including bid negotiations, contract drafting, liens and compliance with changing regulations.

She also counsels business clients on a variety of matters, including litigation and alternative dispute resolution, and advises restaurants, hotels, bars and other venues on federal, state and local alcoholic beverage licensing and regulatory compliance.

“With the addition of I’Ashea, the firm bolsters both its alcoholic beverage law and real estate practices,” said Charles R. Bone, president and CEO of Bone McAllester Norton. “Her knowledge and perspective will be a great asset as we continue to build upon our tradition of offering diverse and robust practice areas to best serve our clients.”

Myles-Dihigo earned her undergraduate and law degrees from Belmont University. While in law school, she clerked for the Tennessee Court of Appeals under the Honorable Judge Richard H. Dinkins. In 2017, Myles-Dihigo was named to the National Black Lawyers’ Top 40 Under 40. She was recently selected to Murfreesboro Magazine’s Top 20 Under 40 and as a fellow for the American Bar Association (ABA) Forum on Construction Law.

She is currently on the board of directors for the United Way of Rutherford and Cannon Counties and also has served on the Board for the Tennessee Bar Association Young Lawyers Division.

Bonelaw attorney Stephen Zralek is a panelist at the Americanafest

Stephen J Zralek Attorney at Bone McAllester NortonStephen J. Zralek AttorneyBone McAllester Norton attorney Stephen Zralek is speaking on the panel “Breaking Up is Hard to Do” at AMERICANAFEST: The Americana Music Festival & Conference on Sept. 12. The 19th annual gathering brings together legendary artists, rising stars, fans and industry vets to Nashville for six days of music and education.

Zralek, Hearst Magazines attorney Nick Beaudoing and singer-songwriter Nora Jane Struthers (previously of the band Bearfoot) will discuss legal issues such as ownership of the masters, debts and copyrights that can follow a band breakup. Additionally, the panel will offer performing artists practical advice about striking out on their own. CLE credit will be available.

A Music City native, Zralek has practiced law since 1997 and clients continue to seek his advice, tenacity and engaging approach for litigation and protecting their creativity by resolving intellectual property, entertainment and business disputes.

Details:

Breaking Up is Hard to Do at AMERICANAFEST: 
Wednesday, 9/12/2018 
11:00am - 12:00pm 
Westin Hotel, Sobro III 
The Westin Nashville (807 Clark Pl, Nashville, TN) 
CLE credit available

Bonelaw attorney Alex Little is selected to the Nashville Business Journal’s 40 under 40 class

Alex Little Attorney at Bone McAllester NortonAlex Little AttorneyThe Nashville Business Journal included Bone McAllester attorney Alex Little in its 2018 40 Under 40 class. Winners include the men and women who are impacting Music City and are keeping the business community prosperous and thriving. Read the full article HERE

Bone McAllester Norton is proud to announce 17 of our attorneys have been recognized by The Best Lawyers in America© 2019

The Best Lawyers in America© 2019 recognized 17 Bonelaw attorneys in 25 distinct practice areas to be leading attorneys in their fields. For more than 30 years, Best Lawyers® has identified the leading attorneys and law firms in the United States and 70 countries worldwide. Best Lawyers has become one of the most widely trusted resources to locate attorneys with, “exceptional talent in an area of practice” (Best Lawyers). The methodology behind Best Lawyers’ selection is based upon an extensive peer review process because “Best Lawyers believes that the best lawyers know who the best lawyers are” (Best Lawyers).

Bone McAllester Norton is proud of the continued recognition our attorneys receive for providing excellent legal services. A complete list of recognized attorneys and respective practice areas is listed below:

Anne Sumpter Arney
  • Business Organizations (including LLCs and Partnerships)
  • Closely Held Companies and Family Businesses Law
  • Health Care Law
Trace Blankenship
  • Banking and Finance Law
  • Mergers and Acquisitions Law
  • Nonprofit / Charities Law
Charles Robert Bone
  • Administrative / Regulatory
  • Law Business Organizations (including LLCs and Partnerships)
  • Personal Injury Litigation-Plaintiffs 
Charles W. Bone 
  • Administrative / Regulatory Law
John P. Branham
  • Personal Injury Litigation-Plaintiffs 
Glen A. Civitts
  • Corporate Law
  • Health Care Law
  • Mergers and Acquisitions Law
  • Real Estate Law,
  • Securitization and Structured Finance Law
William J. Haynes III
  • Employment Law- Individuals
Sharon O. Jacobs
  • Environmental Law
Paul W. Kruse
  • Copyright Law
  • Trademark Law
Anne C. Martin
  • Employment Law - Individuals
  • Employment
  • Law - 
  • Management
  • Litigation-L
  • abor and Employment
Sam J. McAllester III
  • Banking and Finance Law
  • Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization law
Robert G. McDowell
  • Administrative / Regulatory Law
  • Arbitration Mediation
Andrea P. Perry
  • Real Estate Law
 Christopher Raybeck
  • Banking and Finance Law
Jack F. Stringham II
  • Banking and Finance Law
  • Real Estate Law
Edward M. Yarbrough
  • Criminal Defense: General Practic
  • Criminal Defense: White-Collar
  • DUI/DWI Defense
Stephen J. Zralek
  • Commercial Litigation
  • Copyright Law
  • Litigation- Intellectual Property

Bonelaw Attorney Sam Jackson Speaks on Teachers Text Messaging and Social Media

Samuel L Jackson Attorney at Bone McAllester NortonSamuel L Jackson AttorneyBonelaw’s Samuel L. Jackson was interviewed by News Channel 5 and Channel 4 on the caution teachers should use when communicating with students by text and social media. With the new school year in motion, questions are resurfacing on how teachers can appropriately incorporate and use text messaging and social media. Jackson provides a simple rule of thumb; teachers should always use group chats that hide everyone’s number when communicating to students and parents.

Watch interviews here:

Notice to Patients on Departing a Practice

Notice to Patients on Departing a Practice - Healthcare Law

Most physician employment agreements prohibit them from soliciting patients if they leave the practice. Although similar, this obligation is separate from any covenant of non-competition. A non-solicitation provision typically prohibits a physician from trying to influence the patients he treated at his former practice to follow up to his new practice location. From a business standpoint, this covenant can be very important to both parties if a physician is relocating to a practice that is in a close enough geographic area that patients would have no difficulty changing to the new location.

A restriction on patient solicitation may be in the best interest of a physician’s former practice, it may not be in the best interest of a patient. The Tennessee Board of Medical Examiners have recognized the potential harm and have adopted rules that require a patient be notified when his physician leaves the practice whether or not the departing physician is contractually obligated not to contact his former patients. According to Tennessee Rule 0080-2-.15 the responsibility of notifying the patients of a physician who leaves a group practice should be governed by the physician’s employment agreement and any patient who has seen the departing physician for more than 2 office visits in the preceding 18 months must be notified.

Unless the employment agreement provides otherwise, the patients shall be notified of the physician’s new address and offered the opportunity to have their medical records forwarded to the departing physicians. Often a physician’s employment agreement will be silent on whose responsibility it is to notify patients. Whether or not the employment agreement includes a nonsolicitation provision, it is clear that the rules intend for the patient to be notified of his physician’s departure. If the employment agreement is silent on the responsibility of notification but includes a restriction on solicitation, arguable the practice could notify the patient that a physician has left but not incl ude his new practice information. If the practice does not notify the patient of their doctor’s departure, the physician may have an obligation to do so.

It is best for both the practice and the employed physician to address the notification of patients in the employment agreement and avoid any confusion on what is required and what is not when a physician leaves.

Bone McAllester Norton attorney James Crumlin featured in Nashville Fit Magazine

James A Crumlin Jr. Attorney at Bone McAllester NortonJames A Crumlin Jr. AttorneyBonelaw attorney James Crumlin continues to coach a Nashville favorite free community workout at the Tennessee State Capitol. This past May, over 130 community members joined James to celebrate six years of hard work, dedication, and encouragement. Nashville Fit Magazine dove deeper into the story behind this growing community workout.

Crumlin’s fitness journey began in 2003 when he ran the St. Jude Half Marathon in honor of his mother who passed a year earlier. He continued running the St. Jude Half Marathon every year, “except for 2010. It was really hot that year,” he laughs (Nashville Fit Magazine). The Capitol Steps Workout began in 2012 when a friend suggested to James they increase the intensity of their half marathon training; so they started running the steps at the Tennessee State Capitol. Along the way, in 2015, Crumlin began training for Ironman Triathlons with three friends. This led to his most recent accomplishment, completing his fourth full Ironman this past June, in Nice, France.

As the Capitol Steps Workout continued, more and more friends joined the fun. What began as a couple of friends training for a half marathon has transformed into a community of health and fitness advocates. Every Monday and Thursday night at the steps of the State Capitol building, you will find Crumlin challenging a group of nearly 90 dedicated Nashvillians to pursue a healthy lifestyle for their body, mind, and spirit. The twice-a-week group fitness adventure is free and open to people of all ages and fitness levels.

You can read the spotlight from the Nashville Fit Magazine here.