In The News

Landlord-Tenant Law: Lease Agreements, Defaults and Collections

David Briley; Bone McAllisterSean Kirk - Bone LawSean Kirk will be speaking at a seminar Landlord-Tenant Law: Lease Agreements, Defaults and Collections on Wednesday, March 30, 2016.

Sean's presentation "Happening Now in Tennessee Landlord-Tenant Law" will discuss recent changes in Davidson County associated with its construction noise mitigation plan and short-term rental regulations, as well as recent case law and issues affecting landlord-tenant relations.

Wednesday, March 30, 2016

8:30 am - 4:30 pm
One Century City Place Conference Center
26 Century Boulevard
Nashville, TN 37214

Anyone interested in attending may register here.

A program summary brochure is available here:Landlord-Tenant Law Program Brochure.

Certificates of Need - Good, Bad or Indifferent?

Currently, in Tennessee, if you want to build, develop, or expand a health facility or initiate certain health services, you must first apply for and obtain a Certificate of Need.

Tennessee is one of approximately 36 states that continues to regulate the growth of certain health care institutions through the  Certificate of Need process. According to the Tennessee Health Services and Development (HSDA) website, the Certificate of Need (“CON") requirements started in the 1970's, when the federal government urged states to control the rising health care costs by managing the growth of health care services and facilities through health planning.  In 1973, the Tennessee General Assembly created the Health Facilities Commission to administer the Certificate of Need program.  In 1974, the federal government enacted the National Health Planning and Resources Development Act, which among other things, provided federal funds to assist with state health planning. The Act was repealed in 1987, resulting in the loss of federal funds and a reduction of the state's planning staff. However, Tennessee and a number of other states continued the Certificate of Need requirement.

A Certificate of Need is granted by the Tennessee Health Services and Development Agency, which is an eleven member board a nd an agency of state government independent from the Department of Health. The members of the HSDA are appointed by various officials in state government, including six who are appointed by the Governor. At least five of the members represent the interest of specific health care industries, such as the nursing home, home health or hospital industry.

Applying for a Certificate of Need is a daunting process that requires public notice, the filing of a detailed and very specific application and a public hearing in which potential competitors may present their grounds for opposing the need for a new facility or service.  At best the process takes from 90 to 120 days not including the time required to prepare the Application which is itself a time consuming process.   In the application and the hearing before the HSDA, an applicant must show that the proposed project is needed, financially feasible and will contribute to the orderly growth of health care in Tennessee. The filing fee for an Application is between $3,000 and $45,000 dollars depending on the size of the project.

Arguably, the HSDA’s review and granting of a CON is governed or at least guided by the principals of health planning. Tennessee has implemented health planning and the 2014 health plan is available. The state health plan adopts specific criteria, statistical and otherwise for determining need for a new health care service or facility.

The Certificate of Need program may indeed be a useful tool  for insuring that the growth of health care facilities and services does not outpace the need.  However, it is possible that this risk of over growth in the health care industry could be controlled by normal business competition, at least  with respect to some types of services and facilities. These issues and the structure and necessity of the Certificate of Need laws is reconsidered and debated regularly by the Tennessee legislature.  For the present, the Certificate of Need requirements in Tennessee continue to be a costly barrier to entry for new health care businesses which may contribute to the orderly growth of the health care in Tennessee.

Statement Of Counsel for Jane Doe

NASHVILLE, TN – In response to today’s decision by the Tennessee Supreme Court in The Tennessean, et al. v. Metropolitan Government of Nashville and Davidson County, et al., counsel for Jane Doe, Ed Yarbrough and Alex Little, have released the following statement:

“We are pleased by today’s decision. It provides a commonsense solution to most of the problems posed by The Tennessean’s ill-conceived effort to publish evidence in a pending criminal case. We argued that courts should protect the confidentiality of crime victims, and this decision helps accomplish that goal. But the nature and scope of victims’ rights in Tennessee remain unclear, and our client was disappointed that the Court avoided these critical questions. Crime victims in Tennessee should be able to pursue justice without subjecting themselves to abuse, intimidation, and harassment. To the extent this decision helps victims do so, it is an important step forward.”

 

About Bone McAllester Norton PLLC

Bone McAllester Norton PLLC is a full-service law firm with 40 attorneys and offices in Nashville, Sumner and Williamson counties, Tennessee. Our attorneys focus on 18 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, call 615-238-6300 or visit www.bonelaw.com.

Glen A. Civitts moves to Bone McAllester Norton from h3gm

Glen A. CivittsGlen A. CivittsNASHVILLE, TN –Bone McAllester Norton is pleased to announce the addition of Glen A Civitts. Glen is a corporate attorney specializing in real estate and commercial finance with an emphasis on healthcare properties and facilities and the unique regulatory requirements specific to the healthcare industry.

Before joining the attorneys at Bone McAllester Norton, Glen Civitts had been with the esteemed firm of Harwell Howard Hyne Gabbert & Manner (H3GM) for over 30 years. Glen was the head of the Real Estate Practice Group of H3GM.

“We have worked with Glen for years and really saw this as a great opportunity,” said Founding Partner and Vice Chairman, Sam J. McAllester III. “His experience with commercial real estate and sophisticated asset acquisitions are a natural fit with our real estate, healthcare and business law practice groups.”

Glen has been recognized by both Best Lawyers in America and The Nashville Business Journal for his work in commercial real estate, and he has been a guest lecturer and panelist on the topic.

 

About Bone McAllester Norton PLLC

Bone McAllester Norton PLLC is a full-service law firm with 40 attorneys and offices in Nashville, Sumner and Williamson counties, Tennessee. Our attorneys focus on 18 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, call 615-238-6300 or visit www.bonelaw.com.

OneCity is in it's Element!

One City DevelopmentA Bone McAllester Norton client, OneCity, landed a jolt of momentum this week.  This is the largest mixed-use development driving the revitalization of the Charlotte Avenue corridor and things just got better for this project.  The Starwood Hotel, Element is coming to the OneCity development.

Element Nashville West End is the hotel's name and it is slated to open in 2018.  The hotel will include retail, a restaurant and 169 rooms.

This Starwood Hotel flag, is their signature brand of hotels designed to be environmentally friendly.   Element hotels are built eco-friendly from the ground up, from the floors made of recycled materials to energy-efficient lighting and plumbing fixtures.

For the entire Nashville Business Journal article, click here.

New Fellows Inducted into the Nashville Bar Foundation

Nashville, TN – The Nashville Bar Foundation (NBF) honored the 2016 Class of Fellows on Saturday, March 12, 2016 at Hillwood

Country Club.

 

Among the honorees were the following Nashville attorneys:

Michael G. Abelow, Sherrard & Roe, PLC

Mary Beth Ausbrooks, Rothschild & Ausbrooks, PLLC

Laura B. Baker, Law Offices of John Day, PC

Charles Robert Bone, Bone McAllester Norton, PLLC

Samuel T. Bowman, Baker, Donelson, Bearman, Caldwell & Berkowitz

Paul Kent Bramlett, Bramlett Law Offices

C. David Briley, Bone McAllester Norton, PLLC

Matthew R. Burnstein, Waller

Jean Byassee, Dobbins, Venick, Kuhn & Byassee, PLLC

David Cañas, Thompson Burton, PLLC

James R. Cartiglia, Patterson Intellectual Property Law, PC

Catherine A. Caster, Centerstone

Robert F. Chapski, Lewis Thomason

Jennifer Gingery Cook, Webb Sanders, PLLC

Phillip F. Cramer, Sherrard & Roe, PLC

Alexander Davie, Riggs Davie, PLC

Ralph DeMarco, Rutherford & DeMarco

David N. Garst, Lewis Thomason

Lynda Motes Hill, Frost Brown Todd, LLC

Timothy T. Ishii, Law Offices of Timothy T. Ishii

Brendi Kaplan, Nelson Mullins Riley & Scarborough

Suzanne Kessler, Bone McAllester Norton, PLLC

Ryan D. Levy, Patterson Intellectual Property Law, PC

James Mackler, Frost Brown Todd, LLC

Richard Manson, SourceMark, LLC

Rocky R. McElhaney, II, Rocky McElhaney Law Firm, PC

Austin L. McMullen, Bradley Arant Boult Cummings, LLP

Margaret Moore, Wiseman Ashworth Law Group, PLC

Valerie Diden Moore, Butler Snow, LLP

Junaid Adetayo Odubeko, Bradley Arant Boult Cummings, LLP

Lea Carol Owen, Baker, Donelson, Bearman, Caldwell & Berkowitz

Jason M. Pannu, Lewis Thomason

Michelle Poss, Sobel, Poss & Moore, PLLC

Matt Potempa, Martin Heller Potempa & Sheppard, PLLC

Stephen H. Price, Burr & Forman, LLP

Scott A. Rhodes, White & Rhodes, PC

Marissa Moses Russ, MTR Family Law, PLLC

Peter C. Sales, Bradley Arant Boult Cummings, LLP

Carolyn W. Schott, Sherrard & Roe, PLC

Blaine H. Smith, Bass, Berry & Sims, PLC

Eric W. Smith, Nissan North America, Inc.

Richard E. Spicer, Spicer Rudstrom, PLLC

Nancy Wood Stabell, Wood Stabell Law Group

Camille Webb Steward, Nashville Electric Service

Richard F. Warren, Jr., Bradley Arant Boult Cummings, LLP

Benjamin Whitehouse, Tennessee Department of Commerce and Insurance

Benjamin E. Winters, Law Office of Benjamin E. Winters

Jessalyn H. Zeigler, Bass, Barry & Sims, PLC

 

The NBF also presented the David Rutherford Award to Ashley T. Wiltshire, Jr., former Director of the Legal Aid Society.  This award is given to a Fellow who exemplifies the memory and ideals of David Rutherford, which include professionalism, charitable contributions in the legal field and in the community as a whole, and the spirit of collegiality among bench and bar.

 

About the Nashville Bar Association

The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with almost 3,000 members—is the largest metropolitan bar association in Tennessee.

Charles Robert Bone appointed President and CEO of Bone McAllester Norton

Charles Robert BoneCharles Robert BoneNASHVILLE – Charles Robert Bone has been named President and CEO of Bone McAllester Norton PLLC, Nashville’s sixth largest law firm. The board of directors of the firm elected Mr. Bone to his new role, which was previously held by the late founding member, Mike Norton. Charles W. Bone continues as Chairman of the firm, and Sam J. McAllester III will continue serving as Vice Chairman.

“Charles Robert is a perfect fit to lead the firm,” said Stacey Garrett Koju, founding Member and Chairperson, Board of Directors, Bone McAllester Norton.  “He is an active community leader and business person, well-known throughout Tennessee, and he is an effective collaborator.  We look forward to his leadership at the firm.”

Earlier this year, Mayor Megan Barry appointed Charles Robert Bone to the board of directors of MDHA, the Metropolitan Development Housing Agency.

Mr. Bone was the featured “Attorney of the Month” for the inaugural issue of Attorney at Law Magazine’s Middle Tennessee edition in 2015.  In recent years, he has been recognized by the Best Lawyers in America, Best Lawyers in America©; Best of the Bar, Nashville Business Journal; In Charge, Nashville Post; Top 40 Under 40, The Tennessean; Top 10 Influences for Tennessee, Campaigns and Elections; and Mid-South Super Lawyers among many others.

He concentrates his law practice in the areas of mergers and acquisitions, corporate governance and advising emerging businesses, entrepreneurs, officers and directors and governmental entities, including serving as general counsel for the Convention Center Authority of the Metropolitan Government of Nashville and Davidson County. He also has represented clients in various complex litigation matters in both state and federal courts across Tennessee.

Mr. Bone has been instrumental in developing several Tennessee-based companies as an entrepreneur, investor and board member, including as a founder of Phoenix Boats (Winchester, Tennessee), the Southern Steak & Oyster restaurant and Acme Feed & Seed.

He serves a number of non-profit and civic organizations, including Hands on Nashville, Oasis Center, Best Buddies, and Discover Madison.

He earned his Bachelor’s degree from Rhodes College and his Juris Doctorate degree from Vanderbilt University Law School. A Middle Tennessee native and seventh-generation Tennessean, Mr. Bone is married with four children.

For more information, visit www.bonelaw.com.

About Bone McAllester Norton PLLC

Bone McAllester Norton PLLC is a full-service law firm with 40 attorneys and offices in Nashville, Sumner County, and Williamson County of Tennessee. Our attorneys focus on 18 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, call 615-238-6300 or visit www.bonelaw.com.

BoneLaw Attorneys Offer Insight on the Erin Andrews Settlement

David Anthony
How much of that $55M will Erin Andrews actually get and was it really even about the money?  Bone McAllester Norton attorneys David Anthony and Susan Neal Dickerson offer valuable insight into the collection process and understanding the value of a settlement.  For the entire article in the Tennessean, click here.

Middle Tennessee is Thirsty for Whiskey

This weekend's Tennessean was full of interesting details about the whiskey industry in Middle Tennessee, including the distilleries that make it and the bars that serve it.

It is only prudent that we discuss the spelling of whiskey before continuing.  The debate is real, folks.  This is a topic that has warranted discussion on blogs and articles all the way to the New York Times.

It would seem a generic rule of thumb is this:  countries with an "E" in their names, spell it WHISKEY (United States, Ireland) and countries without an "E" in their names spell it WHISKY (Japan, Canada, Scotland).

Several of our clients were mentioned in the articles, from Whiskey Nirvana to Give These Bars a Shot.

 

 

Nashville Post's InCharge List is out

We are honored to have several of our attorneys and clients on the Nashville Post's annual InCharge List for 2016.

The InCharge List recognizes individuals in the business community who have made contributions to their business sector, that in turn, keep Nashville thriving and growing.  The list makers, who have been hand-selected by the Nashville Post editorial staff, are over 400 of Nashville's business elite in over 20 categories of business.  It is the premier who's who list and a great reference tool!

As the Nashville Post puts it "The 448 women and men on our list, the Post's Seventh, represent the best of the best - and are always 'in charge'."

The Bone McAllester Norton attorneys featured on this list were honored last night at the InCharge Event held at the Nashville Public Library.

 

 

 

 

 

Charles Bone - Bone LawCharles Bone