In The News

Will Cheek Quoted in the Tennessean on Guns-In-Bars Law

Bone McAllester Norton attorney Will Cheek is quoted in an article by reporter Chad Sisk highlighting voter opposition to Tennessee’s controversial guns-in-bars law.


  The article was published by The Tennessean, The Commercial Appeal (Memphis) and the Knoxville News Sentinel on July 28.


According to the article, seven in ten voters oppose the gun law and supporters of the gun law say it will make the state safer.


From the article:


"You would think (legislators) would vote the way their constituents want," said Will Cheek, a Nashville attorney with Bone McAllester Norton who led a successful legal challenge to the first of the two gun laws. "I think the legislators are out of touch with the people."


Click here to read more.


 

ABA Copyright Litigation Committee Co-Chair Stephen Zralek Announces Annual Conference Events in San Francisco

Bone McAllester Norton attorney Stephen Zralek, co-chair of the American Bar Association (ABA) Copyright Litigation Committee, has announced committee events to be held during the ABA annual meeting on August 6 in San Francisco. All committee members attending the annual meeting are invited to attend.


Committee Meeting/Roundtable Discussion: The Committee will meet Friday, August 6, from 11:45am to 12:45pm in the SoMa Room on the 3rd floor of the InterContinental San Francisco.  Dale Cendali, a copyright litigation superstar at Kirkland & Ellis, will lead a roundtable discussion about current issues in copyright litigation and share some observations from her representation of The Associated Press in the lawsuit against Shepard Fairey (who used the AP's photo of President Obama to create a poster and other merchandise).  As "Above the Law" Blog says: "In case you're not familiar with her, Dale Cendali is a big deal. . . . [she] is a Bad-Ass Litigatrix."

We'll also shape our agenda for the coming year and establish subcommittees, including Hot Topics, Bulletin, Webinars, and planning next year's Annual Meeting. .

Happy Hour:  Drinks on Friday, August 6 at 6:30 at ThirstyBear Brewing Company, billed as "San Francisco's first & only organic brewery," located only 2 blocks from the Intercontinental at 661 Howard Street.

 

ABC to Live for One More Year

The legislature extended the duration of the ABC as an independent state agency until June 30, 2011.  During the legislative session, there was informal discussion of merging the ABC with other agencies, including the Department of Revenue.  Backers of merging state agencies claim that the state will save significantly on redundant services, such as computer support, clerical staff, rent and storage.

We expect that the future of the ABC will continue to be discussed during the upcoming year.  Follow the progress at our blog Last Call for updates.

ABC to Live for One More Year

The legislature extended the duration of the ABC as an independent state agency until June 30, 2011.  During the legislative session, there was informal discussion of merging the ABC with other agencies, including the Department of Revenue.  Backers of merging state agencies claim that the state will save significantly on redundant services, such as computer support, clerical staff, rent and storage.

We expect that the future of the ABC will continue to be discussed during the upcoming year.  Follow the progress at our blog Last Call for updates.

David Anthony Settlements Involving Former Titans Player Albert Haynesworth Covered in Tennessean

Bone McAllester Norton attorney David Anthony recently represented Nashville civil engineering firm Dale & Associates in two small-claims lawsuits against Washington Redskins defensive tackle and former Titans player Albert Haynesworth in disputes involving $50,000 in unpaid surveying and engineering expenses for a proposed townhome development and mixed-use residential and retail project that were never built.


Anthony’s settlement of the two cases in Davidson County Circuit court was covered in the Tennessean on July 27, 2010 in an article titled “Nashville Real Estate Briefs: Real estate disputes leads to settlement.”


 

David Anthony Settlements Involving Former Titans Player Albert Haynesworth Covered in Tennessean

Bone McAllester Norton attorney David Anthony recently represented Nashville civil engineering firm Dale & Associates in two small-claims lawsuits against Washington Redskins defensive tackle and former Titans player Albert Haynesworth in disputes involving $50,000 in unpaid surveying and engineering expenses for a proposed townhome development and mixed-use residential and retail project that were never built.

Anthony’s settlement of the two cases in Davidson County Circuit court was covered in the Tennessean on July 27, 2010 in an article titled “Nashville Real Estate Briefs: Real estate disputes leads to settlement.”

 

Trace Blankenship Presents "Private and Family-Owned Company Boards: What Directors, Owner/Executives and their Professional Advisers Need to Know Now about the Evolving Corporate Governance Landscape"

Trace Blankenship presented “Private and Family-Owned Company Boards: What Directors, Owner/Executives and their Professional Advisers Need to Know Now about the Evolving Corporate Governance Landscape," during the first week of July to Vistage International's Nashville Trusted Providers Group.


  Trace concentrates his practice on mergers and acquisitions, securities transactions, and corporate governance for public and private companies, and he summarized to the group some essential principles that directors and owner/executives of private companies can use to reduce the risk of disputes and potentially benefit the bottom line when making "bet-the-farm" decisions and changes that affect the stakeholders.  Vistage International was founded in 1957 and is a respected worldwide chief executive leadership organization with more than 14,500 members.  Vistage’s Executive Leadership Program provides access to new ideas and fresh thinking through monthly peer workshops, one-on-one business coaching, speaker presentations from industry experts, social networking and an extensive online content library of articles, best practices, podcasts and webinars.  Trace is a member of Vistage International's Nashville Trusted Provider Group.


 

July 2, 2010 Newsletter Features New CMS Draft Regulations

On June 25, 2010, CMS proposed regulations that immediately impact physicians who provide diagnostic imaging services to their patients. To read the rest of our newsletter, click here.

CMS Issues Draft Regulations Mandating Disclosure by Physicians of Imaging Service Providers

On June 25, 2010, CMS proposed regulations that immediately impact physicians who provide diagnostic imaging services to their patients.  These regulations are required by the Healthcare Reform Act enacted on March 23, 2010.  A copy of the proposed regulations is available at http://www.cms.gov/.  The effective date of the final regulations is January 1, 2011.


The regulations, as proposed, require a physician or physician extender who orders a MRI, a CT scan or PET Scan, to provide the patient with a list of other suppliers of those services in the area and a statement that the patient may obtain the service from another supplier.  The required disclosures include:


  • A list of ten alternate suppliers of that service located within a 25 mile radius of the doctor’s office.



  • The address, telephone number and distance from the doctor’s office of each supplier.


The regulations require that disclosure be given to the patient at the time the test is ordered.  In addition, the patient must sign an acknowledgement of receipt of that disclosure.  This acknowledgment must be maintained in the patient’s medical record.
What if there are less than ten suppliers within a 25 mile radius of the office?

Then, all suppliers of the service must be listed.


What if there are no other suppliers within a 25 mile radius of the office?

 According to CMS, the disclosure does not need to be made.


What if the physician or extender ordering the test does not have the equipment necessary to perform the test?

The proposed rule only applies if the physician or physician extender ordering the test is able to perform the test.


Does this disclosure requirement apply to any tests other than MRI, CT Scan or PET Scans? 

At this time, no.  CMS is considering whether additional diagnostic imaging tests should be added to the disclosure requirement.


Can the disclosure be in electronic form? 

CMS does not specify that the disclosure must be in written form.  CMS is requiring the patient “to sign” an acknowledgment.  Presumably, electronic signatures are permitted.


Is a hospital a supplier?

The proposed regulations exclude hospitals and critical access hospitals from the definition of supplier.  A freestanding outpatient imaging clinic owned by a hospital is a supplier.


Is the disclosure required in emergency situations?

At this time, yes.  CMS is accepting comments on that issue.


May the patient choose another supplier who is not on the list? 

Yes.  CMS clearly states that the list of suppliers is non-exclusive.

Anne Martin Comments on Supreme Court’s Public Employee Privacy Ruling

Bone McAllester Norton employment attorney Anne Martin is quoted in the Tennessean on the recent ruling by the Supreme Court allowing employers the right to read a public employee’s text messages if the supervisor expects work rules are being violated.


  The article entitled “Ruling lets bosses read public employees’ texts” was reported in the Tribune Washington Bureau by David G. Savage and in the Tennessean with contributions from G. Chambers Williams III on June 18, 2010.


From the article:


"It's a reminder of what everybody has been telling clients: that employees realistically should have no expectation of privacy when using workplace computers," said Anne Martin with the Nashville law firm Bone McAllester Norton, who practices employment law.


"The reality is that we spend most of our days at work, and use our work computers for business and personal communications," she said. "People should use good judgment, because what they send from a work computer reflects on that company. And once something happens on an employer's system, the employer has to take responsibility for it. But it is unrealistic to say that employees can't conduct personal business on work computers."