In The News

Tennessee Distillers Guild Website Goes Live

The Alcoholic Beverage Team at Bone McAllester Norton has been helping the Tennessee Distillers Guild since its inception. We are proud to see the Guild launch its website with early efforts to promote the Tennessee Whiskey Trail. The Tennessee Whiskey Trail has a potentially huge draw for millennial and other key tourism for the state.

Click here to read more.

 

 

 

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.

Pilgrimage Music & Cultural Festival

The Alcoholic Beverage Team at Bone McAllester Norton licensed the new Pilgrimage Music & Cultural Festival in Franklin, Tennessee.

See more about the festival 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.

Loren Mulraine will Address Cutting-Edge Aspects of Entertainment Law

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Bone McAllester Norton’s Loren E. Mulraine will speak among many of the country’s most accomplished business executives, lawyers, and clients in the Nation’s Capital at The New Global Paradigm Entertainment Arts and Sports Symposium. The Symposium is designed to address cutting-edge aspects of the sports and entertainment fields by exploring ways to improve these fields while addressing the challenges that confront those in the field.

Loren serves in an Of Counsel role at Bone McAllester Norton, where he focuses his practice on entertainment law, intellectual property and business and corporate law. He is also a professor at Belmont University College of Law, where he teaches courses in Copyright Law, Entertainment law, Media Law and Intellectual Property Law.

The two day event starts Friday, September 18, 2015. Click here for more information.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

 

Get Your Tickets Early: This is the last time I'm teaching Social Media for Lawyers

M. Lee Smith Publishers has set the line-up for the The 9th Annual Law Conference for Tennessee Practitioners.

I've taught a number of seminars for lawyers for M. Lee Smith, and, this year, I'm teaching the session called "The Attorney’s Online Marketing Essentials: Using Websites and Social Media to Promote Your Practice."

It's a 45 minute session, focusing on social media and other online marketing options for lawyers. I'll talk Facebook, blogs, twitter, and the pros and cons of all of it.

My standard disclaimer is that this is definitely not a cheerleading session about social media, but, instead, a review of my ten plus years of experience working in online marketing.

Also, after having done 6 or so straight "online only" CLE presentations, I'm dying to teach to a live audience. But, here's the caveat: this is the last time I'm teaching the social media marketing seminar. You know why? Because I get so many referrals based on my online presence that, seriously, I'm no longer going to share these secrets at CLEs.

So, tune in or get left behind. See you there, November 12, 2015 (and November 13, 2015).

Forum Selection Clauses Will be Enforced by Tennessee Courts

You don't need a law degree to know this: The tricky stuff in a contract is always in the fine print, at the end of the contract.

For instance, most good contracts will invariably include a forum selection clause. This is generally a line at the end of the "Miscellaneous" paragraph that says something like: the parties to the contract agree that any action or proceeding arising under or related to this agreement shall be filed only in the United States District Court or the state courts in Nashville, Tennessee.

Of course, forum selection clauses don't always say "Nashville," but they do generally list the forum in a location that is: (1) convenient to the party preparing the contract; and (2) inconvenient for the other party. It makes sense, the contract drafter says, because that company doesn't want to open itself to lawsuits all over the country. Presented with these "take it or leave it" terms, the other party often doesn't object, no matter how burdensome the forum would be, because a party doesn't generally sign a contract anticipating a default.

Unless, you know, they have a lawyer review the contract and warn you about the doomsday scenario. In Tennessee, these provisions are generally enforceable, as noted in a recent Court of Appeals opinion, The Cohn Law Firm v. YP Southeast Advertising & Publishing, LLC. In that case, a Memphis-based law firm filed suit against the Yellow Pages in Memphis; in response, the Yellow Pages moved to dismiss, citing page 3, paragraph 18 (titled "Miscellaneous") of the contract, stating that all lawsuits must be filed in Georgia. The lower court dismissed the lawsuit for lack of jurisdiction and improper venue, and the appellate court agreed.

That Court wrote that: "Generally, a forum selection clause is enforceable and binding on the parties entering the contract. Lamb v. MegaFlight, Inc., 26 S.W.3d 627, 631 (Tenn. Ct. App. 2000). A forum selection clause will be upheld if it is fair and reasonable in light of all the circumstances surrounding its origin and application. Id. (citing Dyersburg Mach. Works, Inc. v. Rentenbach Eng’g Co., 650 S.W.2d 78 (Tenn. 1983)). A party seeking to invalidate a forum selection clause must prove that the clause resulted from misrepresentation, duress, abuse of economic power, or other unconscionable means. Id."

The Court further wrote: "Tennessee law is clear that the party challenging the enforcement of the forum selection clause “should bear a heavy burden of proof.” Chaffin v. Norwegian Cruise Line Ltd., 1999 WL 188295, *4 (Tenn. Ct. App. Apr. 7, 1999).

The Plaintiffs argued that the contract was an "adhesion" contract, i.e. a boilerplate provision that wasn't discussed or contemplated, and the Court ultimately rejected this, since the forum selection clause wasn't patently unfair and had a reasonable basis.

I estimate that most contracts have these provisions in them; if they don't, they should. A good lawyer will always consider the "worst case" scenario, even at the front end of the deal. In doing that, no lawyer worth his billable hour rate will overlook the impact of a forum selection clause.

Note: This post originally appeared on my companion blog, Creditors Rights 101.

Nashville Ledger Profiles Will Cheek’s Support of Mayoral Candidate Megan Barry

Bone McAllester Norton attorney William T. Cheek III was profiled recently by the Nashville Ledger in support of Megan Barry’s Nashville mayoral runoff, happening Sept. 10. He told the news outlet he has been impressed by her ability to balance business interests with her socially progressive convictions.

“I think she’s done an excellent job of making the business community happy while at the same time pushing some things that are important to her heart but not to the point where it aggravates the business community,” he said.

Cheek leads the firm’s Alcoholic Beverage Law team and is a trusted legal adviser to small business owners.

Read more here.

 

Bone McAllester Norton PLLC is a full-service law firm with 37 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, visit www.bonelaw.com.

Bone McAllester Norton Expands Its Entertainment Law Practice

Firm Recruits Suzanne Kessler and Hank Adam Locklin

Nashville, Tenn.—(September 1, 2015) Bone McAllester Norton PLLC announced today the addition of two veteran entertainment attorneys to its Nashville firm. Suzanne Kessler, an entertainment and transactional intellectual property attorney and consultant, and Hank Adam Locklin, the former Senior Adviser for Music and Entertainment Industries for the State of Tennessee, have joined the firm, expanding its entertainment law practice to four attorneys. They bring with them a combined total of 40 years of experience.

“The addition of Suzanne and Hank Adam brings a wealth of expertise and experience, enabling us to serve clients across the entertainment and IP spectrums,” said Charles W. Bone, founder and chairman of Bone McAllester Norton. “Both have been deeply embedded in the entertainment and music industries for decades. We could not be more excited to have them onboard and look forward to providing high-caliber work to all of our entertainment and IP clients.”

Kessler advises both traditional and new media clients, including record labels, recording artists, music publishers, songwriters, artist managers, film and television production companies and independent producers, and digital music and media startups. Kessler previously served as Vice President of Business Development at Universal Music Group Nashville; Director of Business and Legal Affairs at Universal Music Group and A&M Records in Los Angeles; and as an attorney in private practice with a boutique entertainment law firm in Beverly Hills. After graduating from Brown University, she earned a master's degree in communication (documentary film production) from Stanford University and graduated from Stanford Law School. Kessler is a Class of 2005 Leadership Music graduate and currently serves as a board member for W.O. Smith Music School and as Co-Chair of the Nashville Bar Association’s Entertainment, Sports, and Media Law Committee. She is entering her 10th year as an Adjunct Professor at Vanderbilt Law School, teaching in its intellectual property and entertainment law program. Kessler also owns a music production company and is a documentary filmmaker. She will practice in Bone McAllester Norton’s Entertainment Law and Intellectual Property Law areas.

Locklin is an entertainment attorney who focuses his work on the creative and transactional ends of the music and entertainment industries. His executive experience relates to trade association management and administration, recording agreements, music production, artist/songwriter management, music publishing, sound recording licensing, touring and artist management. In his career, he has been responsible for overseeing and advising efforts to acquire A-level talent for state and government events, including the 2014 National Governor’s Association’s annual meeting; leading the recruitment of global entertainment companies to relocate or expand into Tennessee; and advising on numerous policy issues, including the Nashville television series.

Locklin graduated from the University of Alabama School of Law and is a Class of 2008 Leadership Music graduate. He is active in the local community, serving as a member of the Music City Music Council, charter board member of the Tennessee Volunteer Lawyers for the Arts, board member for the Women’s Music Business Association and a Shriner with the Al Menah Shrine Temple. Locklin will practice in the firm’s Entertainment Law area.

For more information about Bone McAllester Norton, visit www.bonelaw.com.

 

 

About Bone McAllester Norton PLLC

Bone McAllester Norton PLLC is a full-service law firm with 39 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, visit www.bonelaw.com.

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Exciting Updates for Bone McAllester’s Friend and Client, Conexión Américas

A long-time client and friend of Bone McAllester Norton, Conexión Américas, is celebrating exciting news. Three new members were elected to join its Board of Directors: Nashville Mayor Karl Dean; Vanderbilt University Chancellor Nicholas S. Zeppos; and HCA’s Vice President for Diversity and Inclusion Sherri Neal. At the same time, Bone McAllester attorney Stephen J. Zralek just completed a two-year term as President of the Board. Commenting about the new additions, he said: “These three new board members work hard every day to make Nashville a city that welcomes all people, and we are honored and humbled that all of them have agreed to join our board.”

Additionally, Gini Pupo-Walker, who has been a star board member and a long-time educator with Metro Nashville Public Schools, is joining the staff as the new Senior Director of Education Policy and Strategic Growth. Tara Lentz, who has been with at the agency for eight years and has been a key pillar in Conexión’s growth trajectory, is now Senior Director of Programs.

Meanwhile, early voting for Metro Nashville continues at Casa Azafrán through Saturday, September 5.

And a few tickets are still available for #TheLatinParty, where Conexión Américas will kick off Hispanic Heritage Month at 7 p.m. on September 12 at The Cannery Ballroom. Bone McAllester congratulates Conexión Américas on all of these important developments.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 37 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, visit www.bonelaw.com.

 

Kee Bryant-McCormick Selected to 2016 Class of Leadership Middle Tennessee

Congratulations to Bone McAllester Norton attorney Kee Bryant-McCormick, who has been selected for the newest class of Leadership Middle Tennessee. The 10-month program features 37 business, community and non-profit leaders from 10 counties in the Nashville area. It is operated through the Jennings A. Jones College of Business at Middle Tennessee State University.

Kee Bryant-McCormick

Kee practices in the firm’s Sumner County office, focusing on Business and Corporate Law; Criminal Defense and Government Investigations; Estate Planning, Probate Law, Wills and Trusts; and special education law. She president of the Hendersonville League of Women Voters and is a board member of the Rotary Club of Hendersonville and the Shalom Zone. She also serves as a trustee for Volunteer State Community College.

Read more from the Nashville Business Journal here.

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 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, visit www.bonelaw.com.

When Your Out of State Debtor Banks at a National Bank, You May Not Need to Domesticate Your Judgment

On my Creditor Rights 101 blog, I talked about the process of domestication of judgments, which is basically the process by which you make a judgment from one state enforceable in another state. You see, a judgment awarded in Tennessee can only reach a debtor's assets located inside the State of Tennessee. So, if you have a judgment against somebody who lives in Texas, you may have to file a second lawsuit in Texas to attach his assets.

But don't go buy a pair of cowboy boots just yet.

I mean, sure, if he owns land in Texas,  owns a car that's registered in Texas, or has a million dollars in cash under his Texas bed, then your Tennessee judgment is not going to be effective to execute on those assets. To get those, you need to go through the domestication process, which results in your out of state judgment being recognized by that foreign state as a valid judgment for enforcement in that state.

But, here's a trick: What if the debtor has all his assets in that foreign state, but he banks at a national bank with offices all over the country? And what if that bank has a branch in Tennessee? The answer is that you can levy on that bank account.

So, debtors with accounts at Wells Fargo Bank, National Association and Bank of America, watch out.