UPFRONT: Death, Dishonor, Bankruptcy, Anti-trust, Leaks & Pugilism Attorney General quiet on challenging stay, disbarred attorney to trial, Judicial Selection Commission, Purcell honored and opts out of contest, U.S. Attorney election monitor, Froeb on anti-trust, the FCC on BellSouth, Hewlett Packard lessons, Kurita on the AG, bankruptcy work drops. more

SPOTLIGHT: Dean grows 'more comfortable' with run for Mayor Metro Law Director Karl Dean says he's encouraged, would leave office to mount campaign. more

FOCUS: More details on the Smith Johnson & Carr breakup more

PUBLIC SERVICE: Legal aid, professional associations Legal Aid Society, Tenn. Lawyers Association for Women, Skadden Foundation, Tenn. Volunteer Lawyers for Arts, Association of Women Attorneys. more

COURTS: New AG, 1Point, U.S. Attorney, Barrett for Pruitt, DA-Police, naming courthouse, Fisk v. O'Keeffe, HCA, Maddox, March, NHC, jails, TBI... more

PEOPLE Snappy general counsel, Bogatin, Counsel on Call, Bar associations, attorney achievements, appointments. more

LAW FIRMS Psychiatric Solutions, Boult Cummings, Husch & Eppenberger, Butler Snow, Warnock & Jacobson, Glankler, Adams & Reese, Bass Berry, Sherrard, Parker Lawrence, Waller Lansden, Burr & Forman.
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REGIONAL NEWS Feds grab sex offenders, TBI launches vote-fraud investigation, Judge finds guns in chambers, the Rose Thorn investigation, the vote in Metro, irregularities in the hustings, erratic lawyer behavior, Confederate colors controversy, scandals brewing in Knox and Hamilton counties, trial updates, colorful crime reporting... more

LAW EDUCATION Cooper's winning speech, TSU law school advocate, U. Memphis Law School to relocate, health policy expert to speak more

ATTORNEY RESOURCES LBMC avoids public companies' financial audits, Stites' Moss on airport quotas, Whitehouse on politics, Open Government, immigration, Geier, scholarship for institute...
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THE CALENDAR Monitor events in middle Tennessee and around the region, and submit your items for possible publication.
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UPFRONT: Death, Dishonor, Bankruptcy, Anti-trust, Leaks & Pugilism

The Office of the Attorney General won't say why it has declined to challenge the Supreme Court's Oct. 19 stay of execution issued by 6th District Court of Appeals in case of death row inmate Donnie E. Johnson, Tennessean, Oct. 24. An AG spokesperson told NATTY Nov. 1 that the AG has filed a motion for expediting the 6th District appeal. Johnson's pro bono counsel at Waller Lansden Dortch & Davis argued that former AG Paul Summers' joining Waller made it inappropriate for Waller attorney Mark Pickrell to represent Johnson. Yesterday, a spokesperson for the Federal Public Defender said that office now represents Johnson "solo," adding that the decision whether or not to seek another pro bono firm has not been made. Asst. Pub. Defenders on the case are Chris Minton, Kelley J. Henry, Paul Bottei. Informed observers speculate that the AG's response may stem from the departure of Summers and the confluence of a host of recent federal and state procedural issues and precedents, as well perhaps as ideological and practical political considerations. Pickrell has not yet returned a NATTY call, placed yesterday. Related: Attorneys for Paul Dennis Reed, who killed seven in 1997, tried to overturn Reed's death sentence, WTVF 5, Oct. 7.

Disbarred former bankruptcy attorney Robert D. Benson is not in jail, according to his defense counsel, Mariah A. Wooten, deputy federal public defender for the Middle District of Tennessee. Benson, who was ordered disbarred in 2004, faces trial, Dec. 5, before District Judge Aleta Trauger. BPR action, 2004. NashvillePost.com report, 2003. U.S. Department of Justice recently launched "Operation Truth or Consequences" to combat bankruptcy fraud, release Oct. 18.

Though the Tennessee Supreme Court is steady, all await the resolution of the conflict between Gov. Phil Bredesen and the Selection Commission. Former Court of Appeals Judge Ben H. Cantrell told NATTY Oct. 25 he hopes to have the Selection Commission's argument "in shape for [Chancellor Ellen Hobbs Lyle] to decide...say, before the first of the year." He added, "this is not an ordinary lawsuit, where you've got a lot of facts that are in dispute," even though a ruling is still needed regarding whether or not the governor's action rejecting the first panel was a valid rejection. Cantrell was appointed in 1973 to the Chancery Court in Davidson County and was elected a year later. In 1980, Gov. Lamar Alexander appointed him to the Court of Appeals. He was elected to eight-year terms in 1982, 1990 and 1998. NashvillePost.com coverage of controversy, Sept. 19. As of noon Wednesday, no sessions had been set for Lyle's court.

Steve Jordan, assistant U.S. Attorney in the Middle District of Tennessee, will serve as District Election Officer for the Nov. 7 election, overseeing the U.S. Attorney's handling of complaints of election fraud and voting rights abuses. See also disputes in Regional news, this edition.

No Purcell hat in this ring: Memphis Mayor Willie Herenton will step into the ring at The PeabodyMayor Bill Purcell Hotel with 62-year-old Smokin' Joe Frazier on Nov. 30, with proceeds from the 3-round contest benefiting the Shelby County Drug Court. Hmm, what about Davidson County Drug Court? Nashville Mayor Bill Purcell told NATTY Oct. 23 that, in fact, "No," he could not imagine performing such a stunt here, adding "but, thanks for asking." S'okay, though, 'cause our Mayor is the only mayor among "Public Officials of the Year" selected by Governing Magazine, Tennessean, Oct. 24. NashvillePost.com, Oct. 23. City Paper, Oct. 24.

FCC vote on BellSouth-AT&T postponed again, yesterday: The vote was to have come during session today, but commissioners are jockeying to avert a deadlock. Tennessean Deborah Taylor Tate, Debi Tatethe FCC commissioner and former TRA director, addressed FCC issues during her presentation Tuesday (Oct. 31) at Michigan State University. Her prepared Quello Lecture remarks are here. In May, Tate offered principles she believes should guide the rewrite of the Telecommunications Act.

Vanderbilt Owen GSM Prof. Luke Froeb will neither confirm nor deny his rumored link to the AT&T - BellSouth merger ("If I were involved, I couldn't tell you," he told us, later adding, "no expert witness will admit to being involved in a case"). In an Oct. 19 chat with NATTY, Froeb was freer in addressing the broader issue of antitrust lawsuits, suggesting that much private litigation that gains "antitrust" status is often merely about contract disputes. However, he observes, those who seekLuke Froeb antitrust status for their complaints share his belief that "if you can get an antitrust dispute in front of a jury, that's worth at least $1 million in the settlement." Related: In the March 2006 Mergers & Acquisitions, Froeb wrote that companies bent on acquisition and merger seldom do rigorous analysis, noting "for a surprising number [of mergers] the analysis is no more than a litany of excuses copied out of a corporate strategy textbook to justify the deal to the board of directors..." In another context, Froeb argued in favor of conducting "natural experiments" to determine the antitrust implications of single firm's conduct. For more on that, see the Oct. 17 New York Law Journal, here. Froeb has the past two years been selected the outstanding professor of the Owen Executive MBA program, and has worked as director of the FTC's bureau of economics and as an economist with the Department of Justice.

A popularly elected Attorney General is the dream of State Sen. Rosalind Kurita (D-Clarksville), who said Oct. 11 that voters should choose the AG, in order to "end the secrets and insider games and let the people decide," according to a Chattanoogan.com report. She told NATTY, Nov. 1, "I will continue to bring legislation to change the way the AG as well as the constitutional officers are chosen."

The Hewlett Packard brand of board surveillance signals directors' growing concerns: Paul Alexis of Boult Cummings Conners & Berry PLC told NATTY Oct. 23 that the recent dust-up over Hewlett Packard management's spying on members of the HP board of directors in search of news-media leakers is "sort of icing on the cake," following years of Enron, MCI and other scandals and Paul AlexisSarbanes-Oxley (SOX) legislation. Alexis says there's "no question that we have seen an increase in the concern by independent directors as to whether or not they are fulfilling their duties properly," with particuarly "lively interest" in oversight of policies and practices related to stock options. He adds that in the wake of SOX, recent Securities and Exchange Commission initiatives and the Tennessee Supreme Court's revised rules for lawyers' professional conduct, board members — particularly independent board members — realize they have "additional responsibility to be proactive, rather than reactive." He notes that "any publicly traded company has a legitimate concern when one of its directors is having direct communications" with investors, investment bankers, journalists and others about the company's inside information, given rules against selective release of information. That said, Alexis notes that Hewlett-Packard's investigative tactics seem "quite extraordinary," leading him to wonder whether the private investigators employed by HP had "been watching too much television..." HP appointed a new ethics officer, who will examine investigations practices and other issues. HP General Counsel Ann Baskins resigned in September, after 24 years with HP. Outside counsel Morgan Lewis and Bockius has been among firms assisting HP in the wake of the controversy.

Nearly everyone agrees lawyers' commercial bankruptcy work is down, significantly. Attorney BobBob Goodrich Goodrich of Stites & Harbison told NATTY he attributes this more to improved economic conditions, than to changes in federal bankruptcy laws, which went into effect a year ago. At Baker Donelson Bearman Caldwell & Berkowitz, Randal Mashburn said he believes it's too early to tell the effect of reform, but he suspects there's been impact on small business filings, due to dramatically increased reporting burden. Within larger law firms, Mashburn noted that the level of bankruptcy work is often determined by one or two major bankruptcy cases, such as the recent Service Merchandise and James River Coal Cases, which each spawned hundreds of suits over preference issues. Gail Reese of Wyatt Tarrant & Combs says she's seeing "an increase in workouts, between the secured creditor and the borrower," partly due to the increased burden of bankruptcy. Practice Group Leader John Tishler at Waller Lansden Dortch & Davis says the downturn of bankruptcy work has been eased somewhat by opportunities to redeploy attorneys to healthcare, M&A and transactions. Tishler notes that having a bankruptcy attorney involved during acquisitions can pay off down the line, because "there's a lot of deals being made right now [and] in five years they'll land back in my office" for bankruptcy counsel. Glenn Rose at Harwell Howard Hyne Gabbert & Manner says that shorter timelines for dealing with leases make bankruptcy particularly onerous for retailers with many outlets, and, notwithstanding words of comfort from landlords, "I have my doubts" they'll be forgiving. Meanwhile, the man who sees it all, U.S. Bankruptcy Court Middle District of Tennessee Clerk of Court Lloyd "Sonny" Ray, told us, "I personally think we may never get back up to the old numbers, just because it's becoming more onerous and expensive for the debtor to file." Recent: Bankruptcy reform has reduced filings by 54 percent in mid-Tennessee, Tennessean, Oct. 14. Related, Nash. Bus. Journal, Oct. 13.

SPOTLIGHT: Dean grows 'more comfortable' with run for Mayor

Prospective mayoral candidate Karl Dean, Metro's director of law, told Nashville Attorney yesterday that public reaction to the possibility of his entering the 2007 race for mayor of Nashville has been "favorable and I continue to be more and more comfortable with the idea," adding, "I'm excited about it."

Dean has also made clear in recent interviews that he's determined not to face the dilemma that faced Metro District Attorney Torry Johnson, who on Sept. 11 halted his budding campaign for mayor of Nashville. Johnson told Nashville Attorney last week he stepped away from the mayor'sKarl F. Dean race for fear of politicizing the DA's office, if, as he intended to do, he continued his day job, to which he was earlier this year reelected, unopposed, for a third eight-year term. (Asked about a more distant run for mayor, Johnson invoked the adage, "Never say never," adding, "If I were to consider it again, it would not be while I was doing this job.")

Johnson's move was doubtless instructive for Dean. When on Oct. 13 Nashville Attorney posed to him the question of a run for mayor, he thought about it overnight and then replied in a voice-mail message, saying, "I would definitely be interested in being mayor. I've loved my job as public defender, and I've loved my job as law director, and I've loved this city. I think the question for me is, is it a realistic thing to think about, and when is the appropriate time to think about it. I don't think that you could run for mayor [while] law director."

Eleven days later, after consulting further with his political network, Dean revealed his interest in becoming mayor, promising to make his decision before New Year's about the August 2007 race. Declared mayoral candidates currently include former U.S. Rep. Bob Clement, Vice Mayor Howard Gentry, Council Member Buck Dozier, and Clean Cities of Middle Tennessee Executive Director Dave Pelton.  Attorney David Briley, a grandson of Beverly Briley, the first mayor of Nashville's consolidated city-county government, is also expected to make the run.

Dean is the twelfth person to lead the Law department since 1963. His eight-year span of service is due to end Aug. 31, 2007, coterminus with the passing of the Purcell Administration. Dean says he has no plans under any scenario to try to stay longer in the post. His predecessor, Jim Murphy, served in the Metro Law department 18 years, the final six years as director.

Of his government service, Dean says "the thing that was challenging, both in the PD's office and [in the Law department] — and the thing I'm probably most proud of, has been our ability to hire and retain very high quality lawyers." He added, "We have in both places been able to recruit and retain very competent lawyers and great public servants."

"The interest in the work is what holds" those high-calibre lawyers, Dean said. The same attraction apparently helped keep Dean, himself, in government. "In municipal law, you have totally unique constitutional issues," in addition to routine matters, such as "fender-benders, slip and falls, lot of contracts, lot of client advice issues..." Deans insists municipal government probably sees "more First Amendment issues than anybody else." He noted Metro has dealt with jail overcrowding, legal and illegal imigrants, tax-exempt bond issues for religiously affiliated institutions, the proliferation of newspaper racks, regulation of sexually oriented businesses and a host of other matters.

After finishing his formal education (B.A., Columbia University, 1978; J.D., Vanderbilt Law, 1981) and then spending two years as an associate with the Worcester, Mass., firm of Bowditch & Dewey, Dean returned to Nashville to marry Anne Davis, a native Nashvillian and fellow Vanderbilt School of Law grad. Davis is an instructor at Vanderbilt Law, and the couple have three children.

The path that could lead Dean to Metro Courthouse began when he was hired by Nashville's then-Public Defender Jim Weatherly, for whom Dean labored seven years as assistant public der, before being elected three times Public Defender (serving 1990-1999). In 1999, Mayor Bill Purcell tapped Dean for law director.

FOCUS: More details on the Smith Johnson & Carr breakup

Nissan's WoodardOn Tuesday, Oct. 24, speaking from yet another airport, Nissan North America's recently promoted Director of Government Affairs Tracy L. Woodard confirmed that it is Bo Johnson's new lobbying firm, a spin-off from 25-year-old Smith Johnson & Carr (SJC), that will have Nissan as client. Woodard worked for Johnson at SJC prior to her shift to Nissan, six years ago.

Meanwhile, HCA is among the companies staying with management of Smith, Harris & Carr, the new brand reflecting the continuing roles of SJC Founding Principal Cleve Smith, Principal Estie Harris and Principal Anne Carr. They'll retain as staff Business Manager Merle Franklin and Associate Meagan Frazier.

Joining Johnson in Johnson Poss Government Relations will be SJC Principal Nathan Poss, Associate Holly Salmons, Office Manager Rubie Hubbard and a returning former SJC intern, Bradley Mercer. Johnson told NATTY last week the new firm had not determined its corporate structure or chosen offices, though negotiations on central business district space were underway.

Estie HarrisIn addition to HCA, Smith, Harris & Carr clients will Tennessee Hospital Association, Tennessee Public and Teaching Hospitals Association (six institutions, including Vanderbilt Medical Center), Ingram Industries, Eli Lilly and others.

In addition to Nissan, Johnson's portfolio will include Corrections Corporation of America, Compass Learning, First Tennessee, Lorillard, McDonald's, Eastman Chemical, Alcoa and Merck, among others.

Nissan's Woodard said Johnson is her sole contracted lobbyist in Tennessee, and other lobbying firms serve Nissan's interest in Mississippi and California. In addition, Nissan uses D.C.-based Multistate Associates, Inc., for legislative monitoring and network extension. Related, Woodard's recent promotion, Tennessean, Oct. 20.

PUBLIC SERVICE: Legal aid, professional associations

In a move to increase safeguards for children of umarried couples who are involved in Order ofStacey Smith Protection cases, Davidson County Juvenile Court earlier this year created a civil Order of Protection docket. Children's interests are now directly represented in these proceedings by a Legal Aid Society (LAS) of the Cumberlands and Middle Tennessee Attorney, Stacey L. Smith. With 300 or more such cases likely in the coming year, Smith is already "best interest attorney" for children in as many as 30 open cases. In anticipation of the increasing load, the LAS is recruiting volunteer attorneys to handle these cases, with a training session scheduled for Nov. 8, with instruction by Jean Crow, managing attorney for Family Law at the Legal Aid Society. The effort is partly supported by a grant from the American Bar Association. For more information, contact: Stacey Smith, (615) 780-7106, ssmith@las.org Note: Jean Crowe was recently recognized for service by Nashville Coalition Against Domestic Violence, Tennessean, Oct. 22. LAS now offers additional self-help literature, here.

Skadden Fellowship Foundation Fellow Jessica Myers, a 2006 graduate of Harvard Law School, is now on the job with the Legal Aid Society, providing direct representation for senior citizens on consumer protection, healthcare access, nursing-home advocacy and other matters, while creating a senior-center referral and education program. The 2004 Skadden Fellows class provided Nashville native Sharmila Murthy, a 2003 Harvard Law grad, who became a full-time LAS staff attorney here after her fellowship work serving low-income immigrants on a wide range of legal and related educational issues, while addressing legal reform. She was a law clerk to Judge Martha Craig Daughtrey of the U.S. Court of Appeals for the Sixth Circuit; and, a Fulbright Scholar in India, where she studied economic self-sufficiency programs for rural women. In 2006, she received the New Advocate of the Year award from the Tennessee Alliance for Legal Services. Murthy also recently became the first president of Tennessee's first lawyer chapter of the American Constitution Society for Law and Policy, which is closely allied with Harvard Law.

John Stevens Reed, supporter of First Amendment and Open Government, and former aide to Mayors Briley and Fulton, succumbed to cancer, NashvillePost.com, Oct. 11; Tennessean, Oct. 12.

Gov. Bredesen on Oct. 11 announced these appointments to the Tennessee Private Investigation and Polygraph Commission: David W. Horton, Jackson; David L. Schenkel, Nashville; Jon C. White, Shelbyville.

The Tennessee Lawyers' Association for Women (TLAW) named Tessa Lemos Del Pino executiveLemos Del Pino director. She earned her J.D. at the University of Washington, and was previously director of finance and administration for the Center for Global Health and Economic Development in the Mailman School of Public Health, Columbia University. A TLAW statement said, "former Executive Director Pamela Roller left TLAW on good terms for an exciting opportunity with a start-up company founded by former colleagues." No details on Roller's move were immediately available. Top TLAW officers include President Jacqueline B. Dixon (Hollins, Wagster, Yarbrough, Weatherly & Raybin, PC); President-Elect Marcia McMurray (McMurray Law Office PLLC, Cleveland, Tenn.); Immediate Past President Linda Warren Seeley of Jackson (West Tennessee Legal Services).

Casey GillIn September, Casey Gill became executive director of Tennessee Volunteer Lawyers for the Arts (TNVLA). She's Vanderbilt Law (2006) and Belmont University BFA in photography (2002). TNVLA connects volunteer lawyers with low-income artists from all disciplines and emerging arts organizations, and provides TNVLA lawyer-members referrals to artists and arts groups that do not qualify for pro bono assistance. For more information, contact TNVLA Exec. Dir. Casey Gill, (615) 312-7224 or tennesseevla-at-gmail.com

Laurie Christensen, new head of Association of Women Attorneys is secondLaurie Christensen consecutive Memphis lawyer in that role; she says she believes many clients seek women as counsel because many perceive women as more empathetic. Comm. Appeal, Oct. 13. She told NATTY she does not make such broad judgments, herself. Christensen is a staff attorney at Baptist Memorial, in Memphis.

Caren Beth Nichol received the Sam A. Myar Jr. Memorial Award at the joint annual meeting of the Memphis Bar Association and the Memphis Bar Foundation. Memphis Daily News, Oct. 12.

Attorney John Griffin honored for his charitable service to Southeast Nashville Latino Services Program by Catholic Charities of Tennessee, Tennessean, Oct. 11.

Evans & Petree's Nichol receives Memphis Bar Assn award, Memphis Daily News, Oct. 12.

COURTS:

L'Affaire 1Point: 2nd Beck/Arnley Worldparts suit demands AIG repay approximately $7 million; Naill Falls Jr. of Falls & Veach represents Beck/Arnley. Falls told Nashville Attorney yesterday that the exact amount of repayment is difficult to peg at this time, because of the state of 1Point's record-keeping. Falls also said that it's possible he will represent other parties in a class-action lawsuit. Tennessean, Nov. 2. Stokes' Japanese art stash recovered, NashvillePost.com, Oct. 27. For other recent NashvillePost.com coverage, click here.

Edward M. Yarbrough of Hollins, Wagster, Yarbrough, Weatherly & Raybin is thought by some to be leading candidate to succeed interim U.S. Attorney Craig S. Morford, NashvillePost.com, Oct. 6. Related, NewsChannel5, Oct. 12. Meanwhile, Morford is on the job (City Paper, Oct. 16) and announced a massive cocaine bust (Tennessean, Oct. 30). In the Hollins firm, partners Hollins Sr. and Hollins Jr. have been counsel to performer Sara Evans in her bitter divorce before Judge R. E. Lee Davies, Tennessean, Oct. 27. And, attorney Jacqueline Nixon is currently president of the Tennessee Lawyers Association for Women.

Barrett complains that Registry of Election Finance was 'capricious' in acting to fine Rep. MaryGeorge Barrett Pruitt, having been given notice her counsel could not be present for a hearing of allegations that she misused moneys from her reelection fund, AP via Tennessean, Oct. 12. City Paper, Oct. 12.

City Paper report questions whether DA's office and Serpas' office are in synch about combatting youth gang activity, after felony weapons charge is dropped to misdemeanor, City Paper, Oct. 20.

Proposal to name new "William H. Frist, M.D. Federal Courthouse" in honor of the Senate Majority Leader draws some controversy, AP via Knox. News Sentinel, Oct. 6. Related Wall Street Journal blog comments, Oct. 10.

Fisk University is headed toward a February 26 trial in its contest with the Georgia O'Keeffe Museum of Santa Fe, N.M., after Chancellor Ellen Hobbs Lyle ruled against Fisk's request for summary judgment. Discovery continues. Related, Tennessean, Oct. 14, and NashvillePost.com, Oct. 6.

Judge doesn't hear remorse, Dixon gets 5 years, 3 mos., Tennessean, Oct. 14. Comm. Appeal, Oct. 14 and Oct. 13. Dixon sentencing weighed in Waltz epilogue, Comm. Appeal, Oct. 12.

City attorneys rely on Tennessee Attorney General opinion in allowing municipalities to move ahead with contracts with red-light cameras, Knox. News Sentinel, Oct. 12.

TN Supreme Court will hear case in 2007 involving property Harding Academy wishes to demolish to create park, Tennessean, Oct. 9; City Paper, Oct. 10.

Bob CooperCourt appoints Bredesen lawyer Robert E. Cooper to serve as Attorney General, NashvillePost.com, Oct. 30; Tennessean, Oct. 31. Times Free Press, Oct. 31. Release, Oct. 30. Cooper sworn in, Chattanoogan.com, with photo, Nov. 1. Whitehouse says the Supreme Court's choice suggests the justices view next week's gubernatorial election as fait accompli, NashvillePost.com, Nov. 1. Earlier: AG pool of candidates reduced to three, NashvillePost.com, Oct. 23; Tennessean, Oct. 24.

Sykes to head Administrative Office of the Courts, NashvillePost.com, Oct. 18; Tennessean, Oct. 19. City Paper, Oct. 19. Release, Oct. 18.

Riley Anderson, former chief justice of the Tennessee Supreme Court, donates his papers to Univ. of Tenn., release Nov. 2; Tennessean, Nov. 3.

Environmentalists settle suit with Senate candidate Bob Corker, Tennessean, Oct. 14. Settlement draws scrutiny, Comm. Appeal, Oct. 26. Corker dealings with Delta Capital Management, involving pension-fund investment, Knox. News Sentinel.

Sells will appeal election victory of Criminal Court Judge David Patterson before Tennessee Court of Appeals, Oct. 7, Cookeville Herald Citizen. Judge Ben Cantrell previously ruled against Sells, who has taken a position as Asst. DA in Warren/Van Bureau County district.

Chancellor Lyle bids HCA proceed with Nov. 16 shareholder vote, Tennessean, Oct. 27. Earlier, Plaintiffs in HCA case seek vote delay, Tennessean, Oct. 24. Share price on proposed HCA buyout is subject to scrutiny, as shareholder vote draws nigh. Tennessean, Oct. 23. HCA deal before special meeting Nov. 16, with record date of share ownership Oct. 6. Release Oct. 17. Observers say HCA leveraged buyout, despite involvement of Kohlberg Kravis, is unlikely to be slowed by U.S. Justice Department investigation of possible price suppression by collaborating private-equity firms; Baker Donelson's Cowart comments, Bloomberg via Tennessean, Oct. 11.

In U.S. District Court for Middle District of Tenn., ACLU Tennessee Chapter is suing, alleging Mt. Juliet Lakewood Elementary School and school district promoted Christian prayer activity, creating constitutional violations and causing emotional distress in plaintiff, Tennessean, Oct. 23.

A Supreme Court ruling in the Maddox affair is held up while the Court reviews whether to appeal an August Court of Appeals ruling, Oct. 24. Meanwhile, prescient experts long ago declared the Maddox Foundation imbroglio headed for the textbooks, illustrating 'How not to set up a foundation', according to this early post on the Charity Governance blog.

Perry March back in Davidson County Criminal Court Judge Steve Dozier's court, seeking to have previous murder and theft convictions overturned, Tennessean, Oct. 26. City Paper, Oct. 27. March seeks to block Levines' custody of children, Levines respond, NashvilleScene, Oct. 12. March begins jail sentence in Northwest Correctional Complex, near Tiptonville, Tennessean, Oct. 14.

After Judge Haynes agreed to let suit proceed with trial set for April (Tennessean, Oct. 21), John Norris prepares lawsuits for those who lost relatives in National Healthcare Corp. nursing-home fires, alleging fraud, Tennessean, Oct. 28. Firemarshall story, Oct. 20.

Hockaday, as sole fulltime interpreter in Metro Criminal Courts, helps balance the scales of justice for non-English speaking defendants, City Paper, Oct. 9.

Circuit Court Clerk Richard Rooker received award as outstanding local official from Nashville Coalition Against Domestic Violence, Tennessean, Oct. 22.

Circuit Court Judge Kindall T. Lawson was recognized by the Tennessee Chapter of the American Board of Trial Advocates (ABOTA) as Trial Judge of the Year in Tennessee. Also honored by the group was the Hon. William H. Inman of Knoxville, who received the Appellate Judge Award for Tennessee by ABOTA. Rogersville Review, Oct 12.

Jail overcrowding is a priority for budget-conscious Tennessee County Services Association, Times Free Press, Nov. 1.

TBI forensic analyses in crime labs delays prosecutions, but situation is better now, Times Free Press, Oct. 21.

Dozens of Tennessee inmates serving life sentences for crimes they committee while children, Tennessean, Oct. 6.

PEOPLE

SNAPPY AUCTIONS' Nashville-based General Counsel John Heacock says a network of mutual friends provided his path to meeting Snappy founder and CEO Debbie Gordon, whom he began assisting by refining an initial consignment agreement. He finished that task while deployed to Iraq with his Tennessee Army National Guard uSnappy's Heacocknit, the 267th Military Police Company, home-based near Dickson, Tenn. He subsequently developed Snappy's franchising policies and agreements. Today, he spends half his time on legal work, and half as chief operating officer. Privately held SnappyAuctions now has a dozen employees and sixty locations, from which franchisees resell customers' goods via eBay. Heacock earned his J.D. at Vanderbilt School of Law and his bachelor's degree with majors in chemistry and public policy at Duke University.

Robert Q. Wilson, a partner with The Bogatin Law Firm (Memphis), has been elected chair of the health law section of the Tennessee Bar Association. He has also been re-appointed vice chair for the Health Information & Technology Practice Group of the American Health Lawyers Association. Comm. Appeal, Oct. 22.

Office of Davidson County District Attorney Torry Johnson added prosecutors Amber Gallina, from office of the Hon. Frank G. Clement, TCA; and, J. Wesley King, asst. DA, from an associate at Feeney & Murray. Tennessean, Oct. 22.

Mayor Purcell and Finance Chief Manning were among those concerned about handling of Dell Inc. payments held in escrow for Industrial Development Board, City Paper, Oct. 26. IDB attorney of 20 years Bobby D. Davis of Madison told NATTY Oct. 26 that a letter from Manning to the IBD about ten days ago was first concern he'd heard expressed. Reportedly, all disbursements have now been made.

Six-year-old COUNSEL ON CALL, the provider of contract attorneys for law firms and legal departments, recently provided NATTY fresh information on previously unannounced executive changes; all are attorneys: A month ago, Candice Reed was promoted to executive director of CoC's Nashville's office, from placement coordinator. Earlier, Reed was with Miller & Martin; Claudia Richardson joined the Nashville office as placement coordinator, having earlier practiced in litigation with Wilkes & McHugh, PA, in both Tennessee and Mississippi; Katherine Erwin took the executive director spot in the firm's new-ish Chicago office, after a career that included serving as assistant general counsel for NuVeen Investments and for retailer Carson Pirie Scott & Company. Previously inplace in Memphis and Atlanta, respectively, are executive directors Dennis McKinnie, a veteran of management consulting, law practice and publicly traded software companies; and, Andy Branham, a former International Paper division general counsel. Among other posts, McKinnie was once staff counsel to the Supreme Court of the United States and practiced in the intellectual-property litigation group of Powell, Goldstein, Frazer and Murphy (Atlanta). Counsel On Call was founded by Jane Allen; Greg Allen, the founder's spouse, is chairman of the firm, with marketing and strategic-planning responsibilities.

The Sumner County Bar Association elected David Howard, president; Loren Lassiter, vice president; William Lambert, treasurer; and Lance Wray, secretary. The Carter County Bar Association's new officers are Jason Holly, president; and Travis Holly, treasurer. Anderson County Bar Association elected new officers: President is Mary Lyn Goodman with the Legal Aid Society in Oak Ridge. Vice president is Michael R. Kelley of Fox and Farley in Clinton; Secretary-Treasurer William A. Allen of Mostoller, Stulberg & Whitfield in Oak Ridge.

Paul Prather, a member of Kiesewetter Wise Kaplan Prather, has been inducted as a fellow into the College of Labor and Employment Lawyers, a nonprofit professional association that honors leading labor and employment law attorneys. Comm. Appeal.

Jim Hall of Hall & Associates LLC in Chattanooga was named to the University of Tennessee Board of Trustees by Gov. Bredesen, Oct. 26. Hall was a Clinton Administration appointee to the National Transportation Safety Board, which he led as chairman seven years.

Beth Berry named SVP-government affairs for Tennessee Hospital Association, Tennessean, Oct. 22.

Eddie Davidson, former General Assembly staffer and Metro Public Works lobbyist, succeeds lawyer Ivanetta Davis-Samuels as Purcell lobbyist. Davis-Samuels is joining Meharry Medical College to direct corporate compliance. Tennessean, Nov. 2.

Bass Berry & Sims' Ragland profiled, Memphis Daily News, Nov. 2.

Art exhibit mounted at Harpeth by Kaaren Hirschowitz Engel, former attorney with Harwell Howard Hyne Gabbert & Manner, Tennessean, Nov. 1.

Nikki Gray won an ABANet award for the Nashville Bar Journal in the category of regular publications for bars with 5,000 or fewer members.

LAW FIRMS

Boult Cummings Conners & Berry PLC attorneys Russ Morgan and Laura Dudney are representing Surgis Inc. in a lawsuit against Surgical Concepts & Innovations, a former joint venture partner, and its CEO, Todd Riddell. Surgis claims that Riddell inappropriately steered endoscopy business to a competitor, Surgical Services, of which Riddell is now CEO. Surgis has secured a temporary restraining order to keep Riddell and Surgical Services from using Surgis's trade secrets. NashvillePost.com, Oct. 3. Related, Riddell appointment as CEO, Surgicenteronline.com, Oct. 16.

Health Services and Development Agency attorney Brogden says Psychiatric Solutions Inc.'sChris Howard application to replace hospital it didn't own and couldn't control was inevitably incomplete; PSI withdrew the app. Tennessean, Oct. 20. The PSI purchase of assets from FHC Health Systems is being consummated, with price lightened $40 million in the course of three weeks. Release Oct. 30. FHC had taken PSI to court in Delaware, after PSI withdrew its offer, after further due diligence. Waller's James H. Nixon III apparently handles much of the PSI work. PSI EVP, General Counsel and Secretary Chris Howard joined PSI about a year ago, from Waller.

In Chattanooga, St. Louis-based Husch & Eppenberger absorbs lawyers from Shumacker, Witt & Gaither. Some Shumacker attorneys may join Baker Donelson, or Chambliss Bahner. Times Free Press, Oct. 29. Witt Gaither Whitaker law firm in Chattanooga is shutting its doors; Airport Authority's counsel Hugh Moore is moving to Chambliss, Bahner and Stophel. Chattanoogan.com, Oct. 23.

Joining the Memphis office of Butler, Snow, O'Mara, Stevens & Cannada: Gregg Gumbert, business services group; Nick Manley, public law and finance group and Elizabeth Saxton , health litigation group. Gumbert previously served as a senior attorney for Federal Express. Manley was previously with Watkins, Ludlam, Winter & Stennis. Saxton received a B.A. from Washington and Lee University, and in 2006, she received a J.D. from the University of Tennessee. Comm. Appeal, Oct. 30.

Warnock & Jacobson PLC announced associates William M. Outhier, from Carmen Group government relations; W. Russell Taber, from clerk for Hon. Gilbert Merritt of U.S. Court of Appeals for 6th District; Steven G. Simmons, from an asst. DA in Texas. Tennessean, Oct. 22.

John Ouelette joined the Music Row office of Adams & Reese LLC. NashvillePost.com, Oct. 17. Tennessean, Oct. 22.

Michael D. Tauer and Whitney Harmon have joined Glankler Brown as associates, and Amy F. Black has joined the firm as Of Counsel. Tauer will concentrate in the area of general litigation, and Harmon will concentrate in the area of civil litigation. Black will concentrate in the areas of family law and civil litigation. Comm. Appeal, Oct. 17. Memphis Daily News, Oct. 19.

Bass Berry & Sims PLC Real Estate Capital Markets Group has 26 attorneys, led by John Good, who says REITS are "capital animals" that need a lot of legal work, Memphis Daily News, Oct. 19.

King & Ballow named John Park in litigation, employment law and bankruptcy, from clerking with U.S. Bankrupcty Court for No. Dist. of Ohio, Tennessean, Oct. 22.

Benjamin P. Sones joined Sherrard & Roe PLC as an associate, Tennessean, Oct. 22.

Baker Donelson Bearman Caldwell and Berkowitz PC added Joel R. Buckberg, a franchise attorney and former chairman and president of the National Franchise Council; he was also former EVP and deputy GC for Cendant Corp., Tennessean, Oct. 22.

Moushon joined Parker, Lawrence Cantrell and Dean as an associate, Tennessean, Oct. 29.

Sheila W. Sawyer joined Waller Lansden Dortch & Davis as partner, from Foley Hoag LLP, Boston, specializing in white-collar litigation, NashvillePost.com, Oct. 20; Tennessean, Oct. 29.

Park and Farmer joined King & Ballow in Nashville, Tennessean, Oct. 29.

The Nashville office of Birmingham's Burr & Forman LLP added Associate Alisa C. Peter, who will focus on corporate and tax law. A CPA, Peter earned her J.D. at Vanderbilt University School of Law and her bachelor's in accountancy and management at Lipcomb University. Prior to her law studies, she was a senior tax acocuntant with Lattimore Black Morgan & Cain, PC, in Brentwood. In September, Burr & Forman added six attorneys from the Nashville office of Greenebaum Doll & McDonald. NashvillePost.com, Sept. 1.

Bass, Berry & Sims PLC added Associates Aaron R. Kaalberg and Bradley H. Wood to its Nashville office, with Kaalberg quartered in the commercial transactions and real estate practice; and, Wood earning his ration in the corporate and securities practice. Kaalberg earned his law degree from Cornell Law School, while Wood's parchment is from Vanderbilt. Wood had previously worked with Neal Gerber & Eisenberg LLP, Chicago. Related, Oct. 26, NashvillePost.com.

Dodson, Parker & Behm adds three associates, NashvillePost.com, Nov. 1.

Six associates join Bass Berry & Sims, NashvillePost.com, Oct. 16. Release.

Boult Cummings Conners & Berry PLC won Legal Standard of Excellence Award from The Web Marketing Association, for its website. Tennessean, Oct. 22.

REGIONAL NEWS

Operation Golden Falcon III in midstate leads to 862 arrests of sex offenders and others -- larger catch than in any other district, Tennessean, Nov. 3.  Nationwide, the catch was nearly 11,000 of the 'worst of the worst'. Washington Post, Nov. 3. More on E. TN raids, Knox. News Sentinel, Nov. 3. In E. TN., U.S. Marshall's elite unit begins round-up of sex offenders, violent gang members, Knox. News Sentinel, Nov. 2.

TBI launches voter-fraud investigation in Shelby County, Comm. Appeal, Nov. 3.

New Roane County General Sessions judge discovers disgraced predecessor's loaded guns in hallways cabinet, Knox. News Sentinel, Oct. 19.

Rose Thorn FBI investigation: Former Cocke County Sheriff's chief deputy faces jail for trafficking in stolen goods, Knox. News Sentinel, Oct. 23. Los Angeles Times story on Cocke County attempts to rehabilitate its image and ongoing corruption, Oct. 27.

Judge John Kerry Blackwood comes out of retirement to hear case against youth in death of school administrator, after Judge Sexton inexplicably recuses himself, Knox. News Sentinel, Oct. 29.

District Attorney General Paul Miller pointed out to Nashville Attorney Oct. 24 that a TBI investigation into Union County vote-buying had been underway prior to allegations of vote-buying in the Public Defender race. TBI investigators in that ongoing investigation had been asked by Miller to examine affidavits submitted in the Public Defender matter, however. Miller noted that the earlier investigation did not focus on the two candidates in the PD race, rather focused on others. In illustration of the point, Miller noted that one of the affidavits submitted in the PD investigation mentioned "a county commissioner" having been involved. Both investigations continue. Earlier reports: Asst. AG Kleinfelter assured judge that TBI is looking into matter, Knox. News Sentinel, Oct. 10. Though a criminal investigation may yet ensue, vote-buying complaint came 'too late' to upset 8th District public defender election results, according to Judge Bart Stanley, Knox. News Sentinel, Oct. 9. Union County Commissioner Cox took the 5th. Further, Knox. News Sentinel, Oct. 7.

Buck Dozier, Council member at large, urges voter support for Metro Charter amendments in op-ed, Tennessean, Nov. 3.  Six questions on Metro ballot November 7th include tax-cap referendum and earlier Mayoral budget submission to Council, Tennessean, Oct. 23. Poll workers warned not to 'explain' amendments on ballots, Tennessean, Oct. 21. More on legality of capping tax rate via referendum, Tennessean, Oct. 16. Editorial argues for rejection, Tennessean, Oct. 16. Related, City Paper, Oct. 13. Was Trustee mailing of Metro property-tax statements delayed in recognition of impending vote?, City Paper, Oct. 20. Metro ITS department says there were no technical problems in delay, as one manager reportedly suggested. Bond-rating agencies wary of tax referendum, NashvillePost.com, Oct. 11;

Profile of Roy Herron: Lawyer, State Senator, professing Christian, Clarksville Leaf-Chronicle, Oct. 14.

Profile of State Sen. Steve Cohen (D-Memphis-30), running for 9th District seat in Congress, Comm. Appeal, Oct. 29.

Franklin woman confesses, sentenced to six years for role in plot to kill U.S. Attorney Sunny A.M. Koshy, Tennessean, Oct. 26.

Hawkins County General Sessions Judge David L. Brand received a reprimand from the Court of the Judiciary for organizing and participating in a betting pool linked to primary elections, last May. Brand self-reported the incident. Tri-Cities Times News, Oct. 12.

Chattanooga's Mary Sullivan Moore, an attorney, was censured by Board of Professional Responsibility, after she transmitted e-mails during a general-sessions judge race that contained threats or implied threats and accusations against a sitting judge regarding a nonexistent wiretap, BPR Oct. 27.

Franklin publisher of inCoolSprings.com files lawsuit claiming former workers have been slandering him, following financial disputes, Tennessean, Oct. 31.

U.S. Attorney and Newport, Tenn., defense lawyer at odds over sentencing convicted cocaine dealer to somewhere between 8 months and 27 years, Comm. Appeal, Oct. 18.

Erratic pre-trial behavior in Clinton: Accused murderer tapes phone conversation with secretary to Senior Judge Jon K. Blackwell, Knox. News Sentinel, Oct. 27.

Missing a few days, former Dover City and Stewart County Board of Education Attorney Riggins, who's license was suspended by BPR on Oct. 20, citing abandoning his practice and misappropriating funds, turns up okay, Tennesean, Oct. 27.

Former Upper Cumberland District 13 DA Gibson now officially out of office, following apparent inappropriate contact with inmate, Tennessean, Oct. 27. Gov. Bredesen will appoint temporary replacement til 2008 general election. Tony Craighead is appointed pro-tem DA for District 17, Tennessean, Oct. 27.

Franklin Mayor Tom Miller's move to prevent display of Confederate Battle colors and portage of muzzle-loaded weapons of the Civil War period was thwarted by an Oct. 10 vote by the Franklin Board of Mayor and Alderman, after heavy lobbying and threat of litigation by the local chapter of the League of the South (LoS), and its leader David O. Jones, who is also headmaster of Franklin's Heritage Covenant Schools. Williamson Herald, Oct. 12. Tennessean, Oct. 4 and 5. Though Jones had earlier this month threatened a lawsuit, he told Nashville Attorney that LoS never retained an attorney in the matter. According to Jones, the plans to ban the Confederate Battle flag and muskets drew protests from Free Speech advocates from around the nation. The Franklin LoS group plans to host the annual meeting of the LoS in 2007, in middle Tennessee.

Knox County Mayor Mike Ragsdale's former employee, Tyler Harber, says he's fine staying in D.C., where he now works with Public Opinion Strategies. But, County Commissioner Lumpy Lambert suggested in a Knoxville News Sentinel story Oct. 27 that he has sufficient votes in Commission to launch hearings and possibly an investigation in what he believes are Harber's previous illicit and illegal politically driven activities while in the Ragsdale administration. Local DA Randy Nichols reportedly has found no cause for action, but a County Sheriff's investigation into alleged theft of computer data remains underway. Knox County Law Director John Owings says Knox County's charter and ordinances are silent on whether or not the Commission can rightly use its subpoena power to pursue Harber. On Oct. 23, Lambert withdrew a related resolution, virtually ensuring no further progress in the matter til after Election Day, Knox. News Sentinel, Oct. 24. Editorial suggests putting Harber controversy to rest, Knox. News Sentinel, Nov. 2.

Controversy over Hamilton County Trustee spending: Trustee Carl Levi told NATTY Oct. 27 that allegations against him are groundless.  Local media and some county commissioners see things differently. Hamilton County Commission members discussed the controversy preliminarily, Oct. 23, and agreed to seek more information, Commission Legislative Administrator Carolyn Collins told Nashville Attorney. Two of the most recent Chattanoogan.com articles appeared Oct. 16 and 17. Recent Times Free Press reportage includes Nov. 3, Oct. 26 and Nov. 1. With reference to Levi's influence, Hamilton County Commissioner questions Erlanger board appointee, Chattanoogan.com, Nov. 1.

Ms. Jamie Satterfield, an award-winning 40-year-old reporter with Knoxville News Sentinel and mother of two teenagers, brings criminal-courts coverage to life. A sample: Knoxville drug dealer Alvin Vonner's case is about the reasonableness of his 117-month prison term for dealing drugs in Knoxville, and could set the course for sentencing decisions nationwide. Knox. News Sentinel, Oct. 25. Imperial Insane Vice Lords gang leader who ordered murders gets his life sentence reaffirmed, Knox. News Sentinel, Nov. 1. Despite missing evidence and a judge possibly hoodwinked, Claiborne County will keep alleged "town bully" on ice, pending trial, Oct. 28. Pigeon Forge murderess gets chance at parole in Sevier County, thanks to prosecutor's mixup, Oct. 28. Knox County politico and drunk driver manages to get softer treatment, Oct. 28. Pair before judge in knoxville want to be tried on drug charges out of state, but don't agree where, Oct. 21. Violent offender is routinely acquitted, unsettling some, Oct. 21. Defendant gives judge information that seals his fate, while defense counsel is blind-sided, Oct. 20.

Marion County Mayor appoints Gouger county attorney, after longtime attorney Cameron resigns in face of resistance, Times Free Press, Oct. 25.

Allegations of voter-registration fraud taint Acorn operations in Tennessee and elsewhere, Wall Street Journal, Nov. 3.

Both Democrat and Republican agents linked to questionable voter-registration slips in Metro, Tennessean, Oct. 12. Related stories, Oct. 7 on WTVF and WSMV.

State Election Commission loaded into e-voting machines an incomplete version of a constitutional amendment to freeze property taxes for the elderly, sending officials and advocacy groups scrambling to ensure proper notice to voters, or to abort the vote, Tennessean, Oct. 12.

Judge denies Sen. Cooper's request for sealed documents and for shifting venue from Chattanooga to Winchester, Chattanoogan.com, Oct. 27. District judge denies State Sen. Jerry Cooper request to seal documents supporting request for venue change for Nov. 6 trial, Tennessean, Oct. 10.

Supreme Court says it was okay that driver surprised his legal counsel with testimony his osculation may have contributed to accident and his girlfriend's injuries, AP via Comm. Appeal, Oct. 28.

Defense objects: Hamilton County ADA Woods seeks continuance in vehicular homicide trial, to seek different indictment, Times Free Press, Nov. 1.

The Farm in Summertown filed suit under Tennessee's nuisance law, to block a former Secret Service agent from opening a military school and becoming their next-door neighbor. WSMV 4 Nashville, Oct. 24.

In Paris, Tenn., Richard L. Dunlap was censured by the Board of Professional Responsibility, for grabbing another attorney while at court and for offering a witness temporary employment, BPR Oct. 24.

Memphis defense counsel intends to induce DA to reveal evidence by questioning no-bond ruling for suspect in death, Comm. Appeal, Nov. 2.

Robertson County prosecutors press forward on some allegations for ouster of Cooperstown suspended mayor Crosby, with hearing set for Nov. 13, Tennessean, Nov. 1. Robertson County DA questions backhoe work performed by suspended Cooperstown Mayor Crosby, Tennessean, Oct. 26.

U.S. District Court Knoxville holds keys to whether four lenders recoup when Market Square property seized from drug trafficker is sold, following federal seizer, Knox. News Sentinel, Oct. 29.

Criminal Court Judge Randall Wyatt hands down life sentence to teen murderer in Nashville, City Paper, Nov. 3.

Davidson County Criminal Court Judge Fishburn will sentence former Granberry ES PTA president for stealing $140,000 from donated funds, Tennessean, Oct. 24.

Metro Purchasing policies with respect to small business, minorities may be focus of dueling legal opinions, City Paper, Nov. 2.

Following elimination of Domestic Violence Court due to funding problems, YWCA's Abused Women's Services Court Advocacy Program tries to fill the gap. Memphis Daily News, Oct. 5.

New forensic interviewer in Burns district, Alison Galbraith, is skilled at obtaining information from abused children, Tennessean, Oct. 6.

Batesville Casket co., owned by Hillenbrand Industries, files federal lawsuit in Nashville, alleging patent infringement by Iron City's family-owned VerPlanck Enterprises, NashvillePost.com, Oct. 31. Batesville Casket Co. wins award from national Assn. for Manufacturing Excellence, Tennessean, Nov. 2. Batesville's "interior panel displays," other bells and whistles, here.

Crossville's Victim-Offender Reconciliation Program (VORP), under contract with Supreme Court, provides mediation services in criminal cases. There are 10 such programs in Tennessee, and they could use more volunteers. Crossville Chronicle, Oct. 24.

Under recently enacted law, the state attorney general must bless transfer of Woods Memorial Hospital to Etowah or other buyer, Times Free Press, Oct. 20.

Memphis/Shelby County Juvenile Court Clerk discusses his role, Memphis Daily News, Oct. 26.

Brown is new bankruptcy Trustee in Memphis area, Memphis Daily News, Oct. 12.

Court sessions halted by nearby fire; fire and water damage reaches law firm of Burch, Porter and Johnson PLLC, Memphis Daily News, Oct. 9.

Knox County leaders hope to satisfy Chancellor who invalidated county's charter, with amendments before voters, Nov. 7, Knox. News Sentinel, Oct. 30. Supreme Court decision on related matters is awaited. Earlier, Oct. 15.

Commissioner proposes new second division of Juvenile Court for Shelby County, Comm. Appeal, Nov. 2. Further report, Nov. 3.

Chattanooga's Mary Sullivan Moore, an attorney, was censured by Board of Professional Responsibility, after she transmitted e-mails during a general-sessions judge race that contained threats or implied threats and accusations against a sitting judge regarding a nonexistent wiretap, BPR Oct. 27.

Franklin publisher of inCoolSprings.com files lawsuit claiming former workers have been slandering him, following financial disputes, Tennessean, Oct. 31.

U.S. Attorney and Newport, Tenn., defense lawyer at odds over sentencing convicted cocaine dealer to somewhere between 8 months and 27 years, Comm. Appeal, Oct. 18.

In Memphis, Thomas R. Buckner of Apperson, Crump & Maxwell, PLC announced he has been selected by Business Tennessee Magazine as one of the Best 150 Lawyers in Tennessee. Comm. Appeal, Oct. 31.

The state has renewed a grant for the 17th Judicial District Attorney General to continue funding an assistant prosecutor specializing in drunk driving cases. The grant will pay the salary of Assistant District Attorney Richard Cawley to prosecute cases in Bedford, Marshall, Lincoln and Moore counties. Shelbyville Times Gazette, Oct. 10.

LAW EDUCATION

Lawyer and U.S. Rep. Jim Cooper (D-5) won First-Place plaudits for a speech submitted to ABA Law Day judges this year. Fitting neatly under the ABA theme of "Liberty Under Law: Separate Branches, Balanced Powers." The speech he wrote and delivered was titled, "Executive Overreaching v. Congressional Underperformance." Cooper release, Oct. 26. Full text here. NashvillePost.com, Oct. 26.

Calling for an accredited law school at Tennessee State University and help for solo practitioners serving low-income clients, Tennessee Black Lawyers Association Founder and President David Danner discusses vision for the organization, City Paper, Oct. 27.

Dean SmootLaw School moving: James R. Smoot, dean and professor, University of Memphis Cecil C. Humphreys School of Law, told Nashville Attorney, Oct. 26, that plans to move the school to the downtown Custom House are proceeding, with move-in set for August 2009. The General Assembly and a private-capital campaign are funding renovations, and U.S. Postal Service has approved occupancy. Cecil C. Humphreys School of Law - University of Memphis. Related, Memphis Daily News, Feb. 3.

Robert B. Helms, resident scholar on health policy at American Enterprise Institute, Washington, D.C., speaks Nov. 9 at Vanderbilt School of Law.

ATTORNEY RESOURCES

LBMC Family of Companies Co-Founder Mike Cain explains LBMC's decision not to audit public companies' financial statements, and the company's role in providing "non-attest services," City Paper, Oct. 20.

Stites & Harbison's Barbara Moss: Metro Nashville Airport Authority was right to suspend 'unconstitutional' programs that set quotas for contracting with small-, women- and minority-owned businesses, Tennessean, Oct. 21.

WhitehouseNashvillePost.com Political Writer Ken Whitehouse, 35, told Nashville Attorney he had lain in wait to use his St. Crispin's Day hook for a political column since before he joined the publisher in December 2005 — so impressed was he by Kenneth Branagh's 1989 film portrayal of Henry V. So, Whitehouse published the First Annual NashvillePost.com Political Awards, Oct. 25. Within about an hour, Attorney George Barrett had posted his assessment of the piece: "very clever and delightful, glad some one still has a sense of humor". Now in his first journalism job, Nashville native Whitehouse previously worked in former Vice President Al Gore's 2000 presidential campaign, on the U.S. Senate staff of then-Sen. Harlan Mathews, and in the administrations of Gov. Phil Bredesen and former Gov. Ned Ray McWherter, among other political and communications gigs. Plenty of life-experience in those jobs to appreciate one scholar's assertion that Henry V illuminates politicians as actors, and politics as theater. Whitehouse earned his bachelor's in political science at Samford University (1993), at Birmingham.

Metro Sheriff Hall is consulting with immigration attorneys on creation of 'Delegation of Authority Program' that allows rapid background checks on non-U.S. born persons, City Paper, Oct. 31. Vanderbilt researcher and Mexican immigrant portrayed as victims of Federal bureaucracy, City Paper, Nov. 1. Related, immigration plan on fast track, City Paper, Oct. 30. Council wrong on immigration, Tennessean, Oct. 21, Oct. 12, Oct. 8. Metro Attorney questions enforceability of metro council resolution forbidding renting to illegal, City Paper, Oct. 11.

Labor's Neeley still thinks worker's comp commission is good idea, Knox. News Sentinel, Oct. 16.

Geier settlement illuminates challenges: After gaining unitary status, TBR Chancellor Manning stresses need for continued effort to ensure success of diverse student population, in the interest of workforce development and competitiveness, op-ed, Comm. Appeal, Oct. 28. UT students express concerns about evaporation of Geier funding benefits for minorities' financial assistance, Daily Beacon, Oct. 31.

OPEN GOVERNMENT -- Mayor Purcell said he'll resist Metro Board of Public Education attempts to weaken Open Government laws by exemptions, Tennessean, Oct. 30. Related story, City Paper, Oct. 27. Editorial cautioning school board, Oct. 27, and Nov. 2; and, editorial bemoaning legislators' low participation in open-government poll, Tennessean, Oct. 24. General Assembly Open GovernmentTCOG's GibsonOct. 31. Final report is due Feb. 1, the date the group sunsets. Tennessee Coalition for Open Government (TCOG) Executive Director Frank Gibson, who spent 40 years in journalism with The Tennessean before heading-up TCOG, told Nashville Attorney on Oct. 26 he he anticipates attempts by local government officials and their allies to weaken existing laws. In August, State Asst. AG Janet Kleinfelter reportedly cautioned journalists that a strong push for public records could cause legislators to resort to more oral communications. Seven lawyers are among the committee's 18 members: George Barrett, Barrett, Johnston & Paisley; State Sen. (20-Nashville) Joe Haynes; Rick Hollow, Hollow & Hollow LLC; Lucian Pera, Adams & Reese LLP; Doug Pierce, King & Ballow; Ogden Stokes, Adams & Reese; and Rheubin Taylor, county attorney for Hamilton County. The Open Government measure became law in June.

Lawsuit by Ford Motor Credit employee here illustrates risk of litigation associated with spreading information about employee's health, Tennessean, Nov. 1.

Drescher & Sharp PC partner offers employment-law blog, here.

Baker Donelson attorney Kelly Frey and Lorman Education Services team to present an online conference Dec. 13 on managing vendor relationships and mastering vendor files for the procurement process. Registration required by Nov. 15, here.

Wyatt Tarrant & Combs seminar Nov. 10 on legal technology, Memphis Daily News, Nov. 2.

National Music Publishers Association reached tentative deal with Kazaa on file-sharing grievance, AP in Wash. Post, Nov. 1. NMPA release, Oct. 30.

The fourth annual "BusinessTN Best 150 Lawyers" list has been compiled, we're told, and will be published in the January 2007 edition of BusinessTN, one of Nashville Attorney's growing list of sister publications (the list also includes NashvillePost.com, News of Nashville Technology, Nashville Medical News, and others). BusinessTN Editor Drew Ruble says of the annual list, "The end result is a locally-researched, deeply vetted product that we believe is superior as a piece of business intelligence for Tennessee readers..." Did you miss the 2005 ranking, in the January 2006 issue of BusinessTN? It's right here.

The Decline of Trust: How America's growing emphasis on 'accountability' instead of 'trust' undermines the nation, with citations from VU professors Geer and Heatherington, Wash. Post, Oct. 30.

VU's John Geer suggests that civility in politics and political advertising unduly favors
status quo, negative ads inform citizens of candidates' weaknesses, Tennessean, Oct. 27.

Lipscomb University hires McPherson as assistant director of Institute for Conflict Management, NashvillePost.com, Oct. 27. Also, Lipscomb and the Center for Nonprofit Management created a Master's-level scholarship at the Institute. For details contact McPherson at (615) 279-7141.

THE CALENDAR

(Ends Today) 57th Annual Tennessee Federal Tax Insitute, Loews Vanderbilt Plaza.

(Tomorrow) Legal Professionals of Tennessee Fall Seminar, Chattanooga. Related story, Oct. 11. (423) 209-4193.

(Tomorrow) ACLU "Bill of Rights Celebration" and silent auction, with featured speaker the Rev. James Lawson. (615) 320-7142.

Nov. 14 — Nashville Bar Association swearing-in ceremoney for new attorneys, 3 p.m., A.A. Birch Building. Info: (615) 242-9276.

Nov. 16 — Nashville Bar Association annual Memorial Services, Downtown Presbyterian Church.

Nov-Dec — TBA Ethics Roadshow 2006 • Nov. 16 in Knoxville, Nov. 30 in Nashville, Dec. 8 in Chattanooga, Dec. 15 in Memphis.

(Nov. 17) — Lawyering and the Good Life, presented in Nashville and other cities.Details.

Nov. 16-17 — Tennessee Intellectual Property Law Association 2006 Fall Symposium. Agenda includes patent prosecution in China and India, IP analysis in product development process, ethics, ethics and IP, hot topics and recent developments. Details.

(Nov. 30) — Nashville performance of the TBA Ethics Roadshow. Agenda and cities here.

Dec. 7 — Nashville Bar Association annual meeting, Loews Vanderbilt Plaza Hotel. Details to be posted within about a week, here.

June 13-15, 2007 — Tennessee Lawyers Association for Women annual meeting.

Submit Calendar items, here.