In The News

Loren Mulraine elected to Director of GMA Foundation Board

Lorne MulraineLorne MulraineBone McAllester Norton attorney Loren Mulraine has just been elected to the Gospel Music Association Foundation Board.

Lorne's talents know no bounds - from his early career as an on-air personality to independent gospel artist, songwriter, professor at Belmont and previously Tennessee State University to a successful entertainment law practice.  "I love being able to merge my understanding of the creative elements of the entertainment and media industries with my legal and business skills. . . " says Lorne of his legal career.

He has been elected to a two- year term as a Director of the Gospel Music Association Foundation Board.

About GMA Inc.

The mission of the GMA Foundation is to recognize and preserve the history and legacy of all forms of gospel music and to provide educational resources that encourage participation and appreciation by the general public.  The GMA Foundation oversees the righs to the GMA Dove Awards, IMMERSE and the GMA Gospel Music Hall of Fame.

Anne C. Martin Discusses Employment Issues within the Competitive Banking Landscape

Bone Mcallister Norton PR headshotsAnne C. Martin“If you are going to leave a company, you can prepare to compete, you can look at opportunities, you can do whatever you need to do and people do that all the time,” Martin said. “What you can’t do is start working for Job B while you are still on the payroll for Job A"  states employment law expert, Anne C. Martin, of Bone McAllester Norton.

This is of course in response to the bitter legal battle brewing between Tennessee's two largest banks, Pinnacle Financial Partners and First Tennessee Bank.

To read the full article in The Tennessean, click here.

 

Ed Yarbrough, BoneLaw Attorney offers Expert Opinion of Rutherford County Domestic Incident

Ed YarbroughEd YarbroughBone McAllester Norton litigator and former US Attorney, Ed Yarbrough, was asked his expert opinion of the recent domestic incident at the home of a Rutherford County Sheriff's Department Deputy.  The incident was handled with cell phones and without using standard protocol procedures.

Mr. Yarbrough suggested that Chief Deputy Garrett should not have contacted his own officers to investigate.  "The problem is, any time a senior officer puts one of his subordinates in the position of doing what the boss says, or doing what the law requires, that's a conflict of interest,"  Yarbrough said.

To see the full Channel 4 I-Team Investigative report, click here.

To read the full transcript of the video, click here.

 

Will there be Wine in Time?

William T. Cheek IIIWilliam T. Cheek IIIElite liquor law expert and BoneLaw Attorney Will Cheek discusses the special bill the TN Legislature has passed to get wine in grocery stores by July 1, but at what cost to the consumer?

To watch the video on WSMV's Channel 4 News website, click here.

To keep up with the latest liquor law legislation and WIGS (wine in grocery stores), follow Will's blog, Last Call.

 

Client Launches Broadcasting Arm of the Acme Brand

Client,  Acme Feed and Seed, introduced Acme Radio in February.  This streaming-only station offers Acme's own live, unique music along with an alternative to traditional Nashville radio programming.  Owner Tom Morales lovingly refers to this as "Nashville's underbelly".    The idea is not world domination by streaming radio, but to give anyone who listens the opportunity to see what Nashville really is all about.

The station offers live radio shows, whether scheduled or impromptu as well as Vinyl Lunch, Pairs Well with Food,  B Hop Barribeau and more.

To read the entire Tennessean article, click here.

BoneLaw Client 4-Top Hospitality bringing its contemporary steakhouse CHAR to Green Hills

The Nashville dining scene continues to thrive!

We are so pleased to announce that one of our Alcoholic Beverage Law clients, 4-Top Hospitality is bringing another amazing, upscale restaurant and piano bar to Green Hills.  The Etch owners are excited about brining CHAR to the Southern Land Company project at 4000 Hillsboro Pike.

For the Nashville Business Journal article, click here.

To read the article in Nashville Eater, click here.

Bone McAllester Norton 2015 Highlights

Bone McAllester Norton 2015 Highlights
Clients and Friends,
Charles W. Bone - Bone Mcallester NortonWe've recently learned from the Nashville Business Journal that our firm ranks as the sixth largest law firm in Nashville (behind the five large, multi-state firms here). While not a surprise, this news provided an opportunity to reflect back to 2002 when a small group of us joined with a genuine sense of excitement.
 
"The creation of Bone McAllester Norton in 2002 is what I consider the most significant development of my career.  Every lawyer is treated as a partner, we embraced state-of-the-art technology, hired the best team, and aggressively pursued diversity."
Mike Norton wrote those words shortly before he passed away in 2015, the year we said farewell to our distinguished name partner and best friend.  Mike was a renaissance man in every sense of the word, a person with remarkable legal intellect but even more so, an incredible person who shared his love of art, music, film, baseball, postcards, postage stamps, food, and scripture with an untold variety of clients, friends, artists, and students of art and the law.
 
While we've grieved the loss of Mike in 2015 we have been lifted up by the unprecedented demand for the expertise of our firm's lawyers.  Our success in 2015 speaks to Mike Norton's legacy and his pride in the firm we founded. We invite you to share in our reflections on 2015.
 
BoneLaw Participates in Nashville Real Estate Boom
 
Charles Robert Bone was selected as lead counsel by Southwest Value Partners to assist in
its $125 million acquisition of the LifeWay Christian Resources campus in downtown Nashville.  According to the Nashville Business Journal, "the transaction was the second-largest sum of money ever paid for a Nashville property or building."

Distilleries Everywhere and Lots to Drink! - Tennessee moving forward as “Spirits Capital of the U.S.” 
 
Distillery Winery Brewery - Bone McAllester NortonTennessee has always been known for Jack Daniels and George Dickel, but over the past 5 years the distillery movement has positioned Tennessee to become the “Spirits Capital of the United States”.
 

In the Courtroom
 
Ed Yarbrough and Alex Little were honored to represent the victim in the Vanderbilt rape case before the Tennessee Supreme Court in a case of first impression to protect her privacy under the Tennessee Victim’s Rights amendment of the Tennessee Constitution.
 

Wellness Works at Bone McAllester Norton!

When Miller Chandler launched a new company, Foundation Wellness, Charles W. Bone and Sam J. McAllester III jumped at the opportunity to get involved.

"The idea that we could offer a customized fitness and overall wellness program to our employees was appealing", says Charles W. Bone, "we spend so much time at work and don't always have time for the gym  but often we can schedule an hour during the day for yoga or weight training."

Mr. Bone has been a fitness proponent for years, always making time for exercise as part of a balanced lifestyle.  In fact, he was the first one in the room on the day we had our first yoga class.  He is an avid runner and has completed over 40 half-marathons in 15 states, and counting.

Health is of course the top priority but we are finding that this is a great boost for employee morale as well.  We are thrilled to have this partnership with Miller and his staff at Foundation Wellness.

To read the article in the Nashville Business Journal, click here.

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.