UPFRONT: Race for Speaker, Dean makes it formal, Supreme Court nominees, execution watch, investigations company, ethics teapot, Ford again more

LAW FIRMS Baker Donelson confirms work for CBRL, Amedisys, Saks; law firms announce new lawyers; Colbert & Winstead closes; lawyers from Skadden and Hogan Hartson in town; firm relocations and more

PEOPLE Howard Baker's vantage, interim State Senator from business, lawyers turned authors, Summers reflects, executive changes, recognition ... more

COURTS March back in court, Lawyer on trial, Ponzi scrutiny, cybercrime, 1Point, selecting a judge, Maddox Foundation, courts' rulings, quirkly lawsuits more

Nashville lawyer takes on DaVinci's Random House Preston represents Russian who claims his 'Code' concept and analysis are at the heart of blockbuster novel. more

FOCUS: Hollins Wagster gains exposure from Sara Evans divorce case One byproduct of the celebrity client has been a tidal-wave of Internet traffic for the Nashville law firm. more

FOCUS: More medical malpractice debate in 2007 With the guy they all trusted gone, trial lawyers and healthcare industry execs will face-off, again, in the General Assembly. more

SPOTLIGHT: 'Lawyers Without Borders' links to Nashville more

REGIONAL Moncier at large, Sounds deal up tonight, FBI stings, Gibson constrained, Ford indicted, Memphis scandal, court awards and rulings, new law firms, executive moves and views more

GOVERNMENT Lawyers in General Assembly, Sontany and Herron on TBI background checks, State income tax, Bredesen appointments, multistate litigation, forensics more

PUBLIC SERVICE TBA, Volunteer Lawyers, NBA priorities, pro bono recognition, expanded Justice Center board more

LAW EDUCATION Butler and Constangy law firms make donations, plus a major VU Law study of behavior of global corporations, local prof to Court of Appeals, Mock Trial competition begins, plus other news from Tennessee law campuses.... more

ATTORNEY RESOURCES Murder jury selection, Merritt and Iraq, lawyer discipline, new immigration-law alliance, songwriter forfeitures, e-Discovery, Sarbanes, women in firms, awards and resources more

UPFRONT:

SUPREMES — Attorneys Charles W. Bone and John S. Hicks reconfirmed for Nashville Attorney in separate conversations yesterday that decisions remain under review regardingJohn Hicks Charles Bonewhether or not their respective clients will appeal Chancellor Ellen Hobbs Lyle's Dec. 14 ruling, which would otherwise eliminate client J. Houston Gordon (represented by Bone) and George T. "Buck" Lewis III (Hicks) from consideration by Gov. Bredesen for the Tennessee Supreme Court. NashvillePost.com, Dec. 14. Tennessean, Dec. 15. City Paper, Dec. 15. Bone and Lewis said they were discriminated against on basis of race, and should be among those considered by Gov. Bredesen (represented by Kleinfelter of the AG's office), City Paper, Dec. 13; NashvillePost.com, Dec. 13.

BUSINESS — Nashville figures more prominently this week in the plans of Rockefeller Plaza-based GlobalOptions Group, which specializes in risk-mitigation, claims and background investigations and emergency management, primarily for the insurance industry.  The company announced Dec. 13 that it has combined the Nashville-based Confidential Business Resources (CBR) unit it bought in 2005 with newly acquired Orlando-based Hyperion Risk, which the integrated unit now managed from Nashville by Halsey R. Fischer, the 27-year Nashville resident who founded CBR.  Fischer told Nashville Attorney Dec. 15 that Hyperion Risk FounderHalsey Fischer Frank Pinder will serve as the new organization's executive vice president, operating from Orlando. Fischer said the new GlobalOptions Fraud & SIU Services organization, which numbers virtually every major Nashville law firm among its 600-plus clients, generates about $20 million in annual revenue. 
   Fischer earned his bachelor's in chemical engineering at Vanderbilt in 1971 and an MBA at the University of North Florida.  After serving a tour as a U.S. Navy aviator, he was a Nashville-based executive with NLT Computer Services, which became Endata. He also was a principal in founding Business Risks International, which was sold to Pinkerton. Nashville attorney Donald McKenzie is counsel to Fischer's GlobalOptions group, while the parent is served by the Law Offices of Mort Taubman (New York).  During litigation reported by NashvillePost.com in 2005, Fischer's group was represented by Paul Davidson, then of Sherrard and Roe and now with Waller Lansden.  Fischer reports to GlobalOptions Chairman Harvey Schiller. Nashville is also home to Kroll Background America, a sometime competitor of GlobalOption. 

SPEAKER CONTEST — Tennessee Senator Joe M. Haynes (D-Goodlettsville), an attorney, will challenge Lt. Gov. John Shelton Wilder for Speaker, NashvillePost.com, Dec. 18. Senate will be Senate, Tennessean, Dec. 19. Senate leadership now three-way contest, City Paper, Dec. 19. Times Free Press, Dec. 19. Lt. Gov.Lt. Gov. Wilder Wilder foretells his election victory, City Paper, Dec. 13. Commentary on leadership in the General Assembly:  Daughtrey: Naifeh seniority grows, as he 'runs the House his way', Tennessean, Dec. 17. Humphrey: GOP turnover in General Assembly leadership may make them more tractable in face of more stable Democrat leadership, Knox. News Sentinel, Dec. 17.  General Assembly:  With battle for Senate Speaker and other leadership posts drawing night, legislators predict a more 'testy' environment, Times Free Press, Dec. 18.

UPDATE MAYOR'S RACE — Attorney Blackburn joins Bob Clement mayoral campaign staff, NashvillePost.com, Nov. 30. Tennessean, Dec. 1. Attorney David Briley announces for Mayor of Nashville, Tennessean, Nov. 14; NashvillePost.com, Nov. 14.; City Paper, Nov. 15; Tennessean, Dec. 15. Councilman Jameson takes leave from North Pursell Ramos & Jameson to chair Briley campaign, NashvillePost.com, Dec. 4. Tennessean, Dec. 4.  Metro Law Director Karl Dean is expected to formalize Mayoral campaign entry during 11 a.m. press conference today. Earlier Nashville Attorney report on Dean's interest, Nov. 3. Related: Dean announcement, Tennessean, Dec. 19. City Paper, Dec. 19.

TENNCARE — A Tennessee Justice Center spokesperson told Nashville Attorney yesterdayWill Chang that TJC plans to submit by Jan. 5 its brief in opposition to a request by Bredesen F&A Commissioner Goetz that the Court discard a consent decree governing TennCare (John B. v. Goetz, originally in 1998 John B. v. Menke).  Goetz release, Nov. 20.  Related coverage, Times Free Press, Nov. 21. Nashville Public Radio, Nov. 21. TJC's Michelle Johnson said TJC's brief is being prepared by pro bono co-counsel Will Chang, an associate with Kirkland & Ellis LLP (New York). Meanwhile, Johnson says that consent decree monitors appointed by Judge Joe Haynes will submit their report of the Bredesen Administration's compliance or noncompliance by Jan. 22. The monitors and their affiliations:  Susan L. Kay, assoc. dean for clinical affairs, VU School of Law; Alex Hurder, clinical professor of law, VU School of Law; Leilani Boulware, former general counsel at Meharry Medical College; and, practitioners Robert Smith and Michael J. Passino. Speaking yesterday, Johnson noted that TJC receives pro bono services only from Kirkland and Chicago-based Sonnenschein Nath & Rosenthal. She said she believes the State has at least five law firms under contract for TennCare matters, including Neal & Harwell locally and four D.C. firms.

ETHICS — State Ethics Commission is accused by Tennessee Bar Association Executive Director Alan Ramsaur of skirting open-meetings laws by discussing via e-mail proposals that Bruce Androphycalls for lawyers to register as lobbyists, Tennessean, Dec. 13. Commission Chairman Garland says he doesn't think group broke law. Related analysis of Commission's Dec. 12 meeting, NashvillePost.com, Dec. 13. Androphy of Ethics Commission writes NashvillePost.com to comment on Whitehouse analysis, NashvillePost.com, Dec. 14.  Ethics Commission's comments in response to Tennessee Chamber of Commerce policy inquiry roil the waters, with one Ethics champion saying his worst fears may be coming true about the new commission possibly overreaching, NashvillePost.com, Dec. 15. Ethics:  County officials and mayors are reviewing proposed ethics reform for all counties, Knox. News Sentinel, Dec. 4.  The number of groups, companies and agencies registering to lobby the state legislature has jumped this fall, most likely because new ethics requirements increase penalties for failing to do so. Tennessean, Nov. 20. Androphy provides update on Ethics Commission's launch and operations, Tennessean, Dec. 18.  TCOG presses case for open-government ombudsman within Ethics Commission, AP via Times Free Press, Dec. 14.

EXECUTIONS — Attorneys Bradley McLean and David Raybin comment on Tennessee's death-penalty by lethal injection provisions, in wake of problems in Florida execution, Tennessean, Dec. 16. House execution:  "Justice denied," Nashville Scene, Dec. 7. Scene Editor Liz Garrigan's editorial cites "Crappy Stewardship" in dealing with what author sees as miscarriage against House,Scene's Liz Garrigan Dec. 14. The 37-year-old, University of North Carolina-bred journalist worked for The Tennessean, Tennessee Journal and Nashville Business Journal, before joining the Scene ten years ago. Her aggressive reporting and unvarnished editorials are among her hallmarks. DeathRow: Tennessee's Paul Gregory House's case illustrates constraints on the accused and the courts, Wash. Post, Dec. 17.  Attorney General asks court to set date for Philip Ray Workman's execution, Tennessean, Dec. 15.  The jury that will hear the first federal death penalty case in Chattanooga will not be sequestered, Federal Judge Curtis Collier has ruled. Trial is Feb. 5.  Opinion of Judge Curtis Collier, Chattanoogan.com, Dec. 3.  Competency issues surround Gregory Thompson on death row at Nashville's Riverbend facility, Wall St. Journal, Dec. 14.  Stites' MacLean's earlier statement on death-rown inmate Abu-Ali Abdur'Rahman (formerly James Lee Jones) and efforts to obtain new trial, here. See our Nov. 3 item on death-row inmate Donnie Johnson, in behalf of whom a further appeal is likely to be lodged by the Federal Public Defender, though lawyers in that office did not return calls for this issue. 

Former Sen. John Ford indicted on federal wire fraud charges involving TennCare, OmniCare, other dealings, NashvillePost.com, Dec. 18. Ford attorney Scholls questions timing of six-count indictment of Ford, suggests it is linked to Ford's February 'Waltz' trial, Tennessean, Dec. 19. Ford denies all wrongdoing, City Paper, Dec. 19. Commercial Appeal, Dec. 19. Memphis Flyer, Dec. 18. U.S. Attorney spokesman says Ford's hearing may be this afternoon, with time of his being taken into custody apparently uncertain.

LAW FIRMS

BAKER DONELSON CORPORATE UPTICK — Gary M. Brown, head of Baker Donelson Bearman Caldwell & Berkowitz PC's business department, which includes the securities and mergers and acquisitions practices, told Nashville Attorney Wednesday that the firm handled the recent sale of Logan's Roadhouse, Inc. (a $486 million transaction with LRI Holdings Inc.).  
Brown's group is supporting CBRL's $250 modified Dutch Auction tender offer, announced Dec. 13.  Another $100 million of the proceeds from the LRI transaction is authorized for buying CBRL stock. Gary Brown
   Just a month ago, Brown and colleague Mark Carlson handled a $150 million secondary offering by Amedisys, Inc., a home health care company based in Baton Rouge. Underwriter Raymond James in Nashville was represented by Morrison & Forrester, Brown said.  
   Brown and Baker/Memphis colleague Frank Watson also recently succeeded in their defense of inside directors and Saks, Incorporated, and CEO Brad Martin in the wake of investigation by the SEC and the U.S. Attorney for the Southern District of New York, in derivative litigation that followed restatement of financial reports.  Saks is a Tennessee-domeciled corporation, Brown noted, tracing its roots back to Knoxville-based Proffitts, with its home office now in Birmingham, (and soon in New York City). Brown noted that Saks outside directors were represented by Aubrey Harwell of Neal & Harwell, while Bob Walker of Walker Tipps represented the Saks special litigation committee. ♦

Frank RudySix-year-old Colbert & Winstead law firm ceased operations Nov. 30, and split into two firms: Rudy Wood & Winstead, and Colbert & Wilbert. Nash. Bus. Journal, Dec. 1.  Colbert, Winstead and Beth Baggett formed their firm in 2000. The three were previously with Cornelius & Collins LLP.

Former Skadden Arps attorney Sean Hornbeck has opened a Music Row office for Hornbeck Law. Managing Partner is attorney Tracey Robinson-Coffee, Tennessean, Nov. 12.

Nashville Scene reports on allegations in Chancery Court that Dahabshil, a large oversea cash transfer fund was negligent in handling local man's money:  Vincent Wehby is representing plaintiff Abdourahman Ismail, who's thus far out the money he intended to send his mother in Ethiopia. Wehby told Nashville Attorney Dahabshil first retained Baach Robinson & Lewis in D.C., then put the matter in the hands of local firm Stewart Estes & Donnell. The Dahabshil employee named in the suit has, says Wehby, retained Lawrence Hart here. The case is expected to go before Chancellor Richard Dinkins, with a jury demanded. Nashville Scene, Nov. 16.

J. Greg Giffin of Harwell Howard Hyne Gabber & Manner represented Regions Financial's WealthTrust (Morgan Keegan) in its sale to Circle Peak Capital LLC. Release (pdf) Nov. 13.  Tennessean, Nov. 14.

Hogan Hartson attorney Barbara Bennett sets up shop in Nashville, NashvillePost.com, Nov. 9.

Stites & Harbison added associates Christy, McKelvey and Roberts to the firm. City Paper, Dec. 19.

Bowen Riley Warnock & Jacobson PLC is representing Energy Automation Systems (Hendersonville) in defamation lawsuit in U.S. District Court, suing Xcentric Ventures Inc., the administrator of website RipOffReport.com, City Paper, Nov. Nov. 12.

Waller Lansden Dortch & Davis named 15 associates, NashvillePost.com, Nov. 30.  Tennessean, Dec. 10.

Boult Cummings:  Surgis' American Endoscopy Services engages in further litigation against Surgical Concepts and Innovations of Orlando; representing AES are Russ Morgan and LauraLaura Dudney Dudney of Boult Cummings. Surgis AES sues two former employees, NashvillePost.com, Dec. 14. Other Boult news: NashvillePost.com research says St. Thomas Health Services paid Boult $2,697,880 in fiscal 2005, according to information in an IRS Form 990 filed in May 2006 and posted at Guidestar.com. Boult added eight attorneys, including Cain, Carmack, Dinan, Doster, Eckert, Guan, Gupta and Lowrance. Tennessean, Nov. 26.

MGLaw Nashville Office added Ross and Batts as associates, NashvillePost.com, Dec. 13.

Allen rejoins Miller & Martin, NashvillePost.com, Nov. 20.

Wardle joined Neal & Harwell PLC as an associate, Tennessean, Nov. 12.

Foster named associate at Harwell Howard Hyne Gabbert & Manner PC, Tennessean, Nov. 3.

Ghattas joins King & Ballow in general litigation, employment law, Tennessean, Nov. 3.

Waterhouse and Bishop joined Branham & Day as associates, Tennessean, Nov. 19.

Husch & Eppenberger LLC named CEO Hermeling and litigation vice chair Miller to executive committee, Tennessean, Nov. 19. Firm named executive committee, Chattanoogan.com, Nov. 8. The firm also named new associates in Chattanooga (Caroline Stefaniak and Kara West, announced Nov. 12, Times Free Press, and in Memphis (Eaker, announced Dec. 8, Memphis Daily News.

In its Nashville office, Chattanooga-based Leitner, Williams, Dooley & Napolitan added associates Brewer, Bernard and Ragsdale, Tennessean, Nov. 19. In Chattanooga, the firm adds associates Exum, Metzger and Harris, Times Free Press, Nov. 19.  Karl C. Bauchmoyer, Steven N. Snyder, H. Case Embry and Nicole M. Grida have joined the firm as new associates to their Memphis office. Comm. Appeal. Nov. 20.

Bass Berry & Sims adds six associates in Nashville: Futrell, Hinton, Holland, Mallard, Sloane, Young.  Tennessean, Dec. 3.  In Memphis, Bass, Berry & Sims announces that the largest class of fall associates has joined the firm's Memphis office: Dempsey, Harris, Malone, McDaniel, Stovall and Yates. Comm. Appeal, Nov. 26. Kaalberg and Wood joined Bass Berry & Sims as associates, Tennessean, Nov. 3.

Blade joins Frost Brown Todd, NashvillePost.com, Nov. 29. Montgomery joined FBT, Nov. 9. Clark to FBT, Nov. 6.

Graffam leaves EMI unit for Gladstone Baker Kelley, NashvillePost.com, Nov. 29.
Tennessean, Dec. 3.

Spicer, Flynn & Rudstrom, PLLC relocated to Bank of America Tower at 414 Union St., Suite 1700, from 7th Ave, where they had 10,000 sq. ft. The firm's 12 Nashville attorneys are in a smaller 7,500-square-foot office with added technology the firm says reduces wasted of space, while increasing increasing conference space.

Baylor School graduate and Alston & Bird/Atlanta Managing Partner Richard R. Hays, 46, said he has always had a "healthy rivalry" with his older brother, Robert D. Hayes, 48, chairman of King & Spalding. Both earned their law degrees at Vanderbilt University's School of Law. Times Free Press, Dec. 8.

Birmingham-based Burr Forman launched a new website and corporate identity. The Nashville office is at 3102 West End.

LogicForce Consulting LLC, with regional offices in Nashville and Memphis, has been hired by Ballin, Ballin & Fishman P.C., to manage the Memphis firm's information technology. Comm. Appeal, Nov. 18.
 

PEOPLE

Former Sen. Howard Baker, reviewing course of the nation post-election, describesHoward Baker America's disenchantment as profound, cautions Republicans against obstructionism, Wash. Post via Knox. News Sentinel, Nov. 26.

Former Attorney General Paul Summers, now at Waller Lansden Dortch and Davis, reflects on cases he handled, and suggests NY AG Spitzer may have helped other AGs through his activism, Tennessean, Nov. 26.

Nashville attorney Ben C. Fordham of Cameron Worley Fordham has sold an option on a motion-picture script titled "Autumn Soul" to Ben FordhamTranscendent (a unit of Nashville's Film House).  Transcendent plans to develop funding and identify and recruit cast for Fordham's film and two other works, with which Fordham's film is to be packaged for investors.  Film House CEO Curt Hahn told Nashville Attorney Dec. 15 that the premise of Fordham's film remains confidential, but Hahn allows "it's a story about a family... we'd consider normal folks, not superheroes or super-spies..."  Film House COO and General Counsel Ron Routson is to develop the business plan for the three-film venture, and will prepare a private-placement memo for investors in the package deal.  Transcendent co-produced a comedy starring Sally Fields, "Two Weeks," worldwide rights to which were recently acquired by Metro-Goldwyn-Mayer. Fordham earned his J.D. at Vanderbilt (1978) and his bachelor's at Duke.  Related story, Nash. Bus. Journal, p. 6, Dec. 15.

Flinn Broadcasting General Counsel Shea Flinn is named interim State Senator, replacing now-Rep. Steve Cohen til election, Comm. Appeal, Dec. 18. Flinn is son of a Shelby County Commissioner.

Author Bill Carey's TennesseeHistoryforKids.org is attracting interest, with its photo tour ofAuthor Bill Carey 95 Tennessee county courthouses, here.  AP via Knox. News Sentinel, Dec. 14.

Attorney Charlie Ray died suddenly, leaving strong record as litigator and defense counsel, NashvillePost.com, Nov. 30. Tennessean, Dec. 1.

Benjamin L. Hill III died Dec. 5 after a long battle with Parkinson's disease and cancer, according to the Chattanooga Bar Association. Burial was Dec. 8 at Sequatchie Valley Memorial Gardens in Jasper. Hill, 64, had served as city judge for Jasper and Whitwell for more than 20 years, and in 1990 was elected Juvenile Court judge. He was re-elected in 1998, a position he held until retiring in 2001. Chattanoogan.com, Dec. 7.

Robert CrossleyKnoxville attorney Robert L. Crosley died Dec. 15.  His career included tenure with several law firms, including his own practice, as well as stints as Knoxville's acting mayor, and as the city's law director.  Tennessee Bar Association statement, Dec. 15. Also, Knox. News Sentinel, Dec. 16.

Genesco Inc. named Roger G. Sisson SVP, corporate secretary and general counsel, Tennessean, Nov. 3.

Hendrich named to Genworth legal team as assistant general counsel, Tennessean, Nov. 19.

NES attorney Kent Cochran joined the board of the Madison-Rivergate Chamber, Tennessean, Dec. 10.

Lobbyist Ewing departs Chamber public-affairs post.  Ewing is a graduate of Vanderbilt Law School and before joining the Chamber handled government relations for Gaylord Entertainment Co. Ewing served as an attorney for the Tennessee Higher Education Commission prior to his work at Gaylord.City Paper, Dec. 4. Part of the vacuum will be filled by Chamber returnee Debby Dale Mason, who'll handle community affairs, NashvillePost.com, Dec. 14.

Larry Papel of Baker Donelson Bearman Caldwell & Berkowitz listed among "Commercial Real Estate 101" by BusinessTN, Tennessean, Nov. 19.

Baker Donelson's Cowart comments on HCA payments to Credit Suisse, Morgan Stanley in management-led buyout, Tennessean, Nov. 6.
 
Melissa Bradford Muller of Howard, Tate, Sowell, Wilson and Boyte, is admitted to practice before the U.S. Supreme Court, through the TBA Academy, Tennessean, Dec. 3.

Dawn Holt, a legal assistant at the Knoxville law firm Butler, Vines and Babb, has been named Outstanding Member of the Year by the Tennessee Paralegal Association. Knox. News Sentinel, Dec. 18.

Madison County Lawyer Teel is working with publisher on his second thriller novel, with spiritual subplot, Jackson Sun, Nov. 13.

Attorney Scarmoutsos' book of humor tells feats and foibles of lawyers and judges in West Tennessee, Memphis Daily News, Dec. 14.

Nancy Dinwiddie of Dinwiddie Legal Nurse Consultants has achieved certification as a legal nurse consultant and gained membership to the National Alliance of Certified Legal Nurse Consultants.  Knox. News Sentinel, Dec. 18.

COURTS

The U.S. Senate's next Republican leader, Sen. Mitch McConnell of Kentucky, issued a veiled threat to block action on legislation important to the incoming majority party if Democrats refuse to allow confirmation votes on President Bush's judicial nominations. AP via Times Free Press, Nov. 21. Relaed, TownHall.com, Nov. 17.

In Tennessee, election campaign chiefs had lawyers around the state ready to jump in on contested votes, Times Free Press, Nov. 4.

Metro Government did submit its brief Dec. 15 (051425) to Chancellor Claudia Bonnyman in response to satellite cities' latest efforts to strengthen their case for receiving General Services District services. Green Hills News, Nov. 9, p. 3, not on web. Involves City of Forest Hills, Belle Meade, Berry Hill, Goodlettsville, Lakewood and Oak Hill.

State's K-12 schools will share $30 million from Microsoft class-action settlement; funds will help pay for ConnecTen broadband services, technology and maintenance, Tennessean, Dec. 19.

Creditors of bankrupt Hanover Corp set to meet, NashvillePost.com, Dec. 8.  Crocker is Trustee.  Bankruptcy Judge Lundin to appoint trustee to take over Hanover corp., which allegedly employed Ponzi Scheme tactics to bilk investors, NashvillePost.com, Nov. 8.

Circuit, Probate and Chancery Courts move back to Metro Courthouse in February, Tennessean, Dec. 7.

FRAUD — The trial of disbarred former bankruptcy attorney Robert D. Benson before District Judge Aleta Trauger, reported in November,  has been rescheduled to Feb. 20, according to his defense counsel, Mariah A. Wooten, deputy federal public defender for the Middle District of Tennessee. Earlier coverage here.

US Atty MorfordCYBERCRIME — Bowen Riley Warnock & Jacobsen PLC has recently been representing RIAA. Thus far, 16 Nashvillians have been prosecuted for illegal downloading, according to RIAA, City Paper, Dec. 18. Universal's Lost Highway Records, U.S. Attorney Morford, FBI computer-crimes section of FBI/Nashville and computer-hacking and IP crimes section of the Office of the U.S. Attorney bring first-time download offenders to justice; Judge Trauger adds some house arrest to two years' probation. Release Dec. 11.  Chattanooga-based FBI Cybercrimes task force is having big impact on child porn and other crimes throughout Tennessee, Times Free Press, Nov. 6. Lost Highway songs, Tennessean, Dec. 13.

BANKRUPTCY — 1Point asset auction sales proceed, Tennessean, Dec. 15.  1Point CEOBarry Stokes loses home in auction, Tennessean, Dec. 14. Lawsuit filed against two firms with 1Point connections: AIG and Spelman, Tennessean, Dec. 8. 1Point property stolen from premises before auction began, NashvillePost.com, Nov. 14. Tennessean, Nov. 15. Earlier, Tennessean, Nov. 14. 1Point has $12 million in debts, NashvillePost.com, Nov. 13. Tennessean, Nov. 14. Lawsuit seeks to reach beyond CEO Stokes to AIG and Spelman, Tennessean, Nov. 14. 

The Judicial Selection Commission will meet Jan. 12 in Alcoa to address the vacancy in the Circuit Court of the 5th Judicial District. Submitting applications by the Dec. 15 deadline were Stacey Davis Nordquist, Maryville; Cathy Honaker Morton, Louisville; Michael H. Meares, Maryville; William Brownlow Marsh, Maryville; and Craig L. Garrett, Maryville.

Circuit Court Judge Haynes provides civil contempt order against Olomoshua and Wisdomite Spiripathology Healing and Music Mission Inc., triggered by defendant's claims that his products cure AIDS, cancer. Tennessean, Nov. 16 and Dec. 6. Related AG Release Dec. 5.

Clarksville's first full-time attorney, David Haines, announced his resignation this week effective Jan. 1. Haines said he was resigning to take the position of general counsel with the state Administrative Office of the Courts. The Leaf-Chronicle, Dec. 5.

Adult businesses:  General Sessions Judge Dumas orders stripclub owner Lester jailed, Tennessean, Nov. 29. Memphis strip clubs are 'wide open' as a norm, says expert on strip-club regulation and law enforcement, Comm. Appeal, Dec. 12. General Sessions' Judge Potter says stripclubs will remain closed, Cmm. Appeal, Dec. 15.

Nashville Scene reports on General Sessions Court judges' reactions to increased regularity of Saturday court sessions, Nashville Scene, Nov. 23.

U.S. Supreme Court declines to hear Tennessee ACLU case against 'Choose Life' license tags' constitutionality, City Paper, Nov. 15.

Nashville attorney David Weed, as receiver in clean-up of Memphis child-care facility, asks for more payments, faces resistance and questions from Chancellor Lyle, Commercial Appeal, Nov. 15.

6th Circuit Court of Appeals puts potentially incriminating evidence back in play in the Ganier trial, NashvillePost.com, Nov. 15;  AP via Tennessean, Nov. 16. Opinion posted at TBA.

Court of Appeals upholds smaller Circuit Court award in litigation against Vanderbilt Medical Center surgeon who damaged baby's bladder, Tennessean, Nov. 15.

Hendersonville man, a 16-year veteran of the Vanderbilt University Medical Center nursing staff, is suing the hospital for gender-based discrimination and wrongful termination. City Paper, Dec. 5.

Maddox Foundation Drama continues in Massachusetts court, Comm. Appeal, Nov. 13.  Foundation history chronicled, Nov. 5, and background sidebar Nov. 5, Comm. Appeal.  Earlier, Maddox in Supreme Court limbo, NashvillePost.com, Oct. 24.

Children contesting disposition of Lindahl estate in Chancery Court enlist Thrailkill, Sherrard & Roe, Wyatt Tarrant, Brandham & Day, and Jones & Reynolds, NashvillePost.com, Dec. 7. They are: Allen Reynolds and Sam Payne of Evans, Jones & Reynolds, representing Johnny Lindahl; Bill Harbison and Lisa Helton of Sherrard & Roe, for Kent Lindahl; Rebecca Blair and Jay Streett of Branham & Day, for Jennifer Staniec; and Harris Gilbert of Wyatt, Tarrant & Combs, for Sherry Lewis. 

Antioch couple seeks compensation and damages from New York-based manufacturer of drug that claimed to heighten libido, but which plaintiffs says caused husband's damaging cranial hemorrhage. NashvillePost.com, Dec. 7.

Sperry's Restaurant employee brings sexual-harassment lawsuit, NashvillePost.com, Nov. 16.  Brian Pieper of Drescher & Sharp is representing the plaintiff.

Comdata parries Fiala lawsuit over patent infringement, NashvillePost.com, Nov. 8. Nash. Bus. Journal, Nov. 8.

Ford Motor Credit Co. settles bias suit for $2.64 million, Tennessean, Nov. 9. Lone Nashville taxidriver is among those benefiting.

Merck's Dec. 13 statement regarding its Vioxx victory in federal court, following litigation by Tennessean who claimed drug led to his heart attack. AP story via Washington Post, Dec. 14.

Reports on Trip Assured class action lawsuit, Tennessean, Nov. 14; AP via Knox. News Sentinel, Nov. 15.

Merrill Lynch bias suit, involving a Nashvillian, draws 16 more plaintiffs, Bloomberg via Tennessean, Nov. 8.

Singer Chely Wright files suit against Waller Lansden, but subsequently retracted much of her complaint, NashvillePost.com, Dec. 13.

Retired Criminal Court Judge Bernie Weinman in Memphis was named assistant disciplinary counsel for Tennessee Court of the Judiciary, working with Counsel Joe Riley in investigating misconduct complaints against Tennessee judges. Release Nov. 20, 2006. Chattanoogan.com, Nov. 19.

March filed a hand-written lawsuit in Circuit Court yesterday, seeking redress against jailhouse snitch who told others of March's murder plans, Tennessean, Dec. 19.  Judge Dozier rules Perry March can receive legal aid, given lack of evidence of assets or access, thereto. Tennessean, Dec. 6. Rejects March plea to have theft conviction overturned, City Paper, Nov. 10. March seeks custody, Tennessean, Nov. 8.

Tim Townsend, fomer fiscal services director for the Administrative Office of the Courts (AOC), was named deputy director, succeeding Libby Sykes, who was appointed by the Supreme Court to serve as administrative director of the state court system. Townsend's former assistant, Pam Hancock, is the new fiscal services director and Mary Rose Zingale has been named director of the new Court Services Division.

U.S. Magistrate Judge Knowles tells accused kidnapper and sex-trafficker he could face life in prison, Tennessean, Nov. 15.

Caremark:  Pharmacy benefits manager Express Scripts launches $26 billion hostile takeover bid, in attempt to thwart CVS acquisition, NashvillePost.com, Dec. 18. Tennessean, Dec. 19. CEO declines to predict impact on Nashville employees, City Paper, Dec. 19.  NY Times, Dec. 18.  Nash. Bus. Journal, Dec. 18. News release, Dec. 18. In earlier CVS-Caremark merger effort, shareholder lawsuit faces long odds, analysis, Tennessean, Nov. 15. Related story, Nov. 15. City Paper, Nov. 15. Nash. Bus. Journal, Nov. 14.

HCA sharedholders' vote Nov. 16 proved no obstacle to earlier settlement of class-action lawsuit, Nov. 9., NashvillePost.com.  HCA and plaintiffs reach agreement, Tennessean, Nov. 9.

Dea Kelly Thomas Jr. has been appointed to replace Gary Wade on the Tennessee Court of Criminal Appeals in the Eastern Division. Tennessean, Nov. 16.  Knox. News Sentinel, Nov. 16. Blount County Daily Times, Nov. 16. TSC release Nov. 15.

Tennessee Baptist Convention lawsuit seeks to 'return Belmont University to the fold', AP via Tennessean, Nov. 16. Earlier, Belmont attorneys asked that Convention lawsuit be dismissed, AP via Knox. News Sentinel, Nov. 4.

U.S. Magistrate Clifford Shirley refuses release of Cooley traffic-ticket arrest file, AP via Tennessean, Nov. 24.

Update on role of 41 Drug Courts in Tennessee, Times Free Press, Nov. 6.  Bradley County Juvenile Drug Court reportedly off to strong start, Cleveland Daily Banner, Dec. 7.

TITANS:  Cornerback Pacman Jones accuser hires attorney Worrick G. Robinson, hearing is pushed to February, Tennessean, Dec. 6. Despite DA's involvement, accuser Webb has hired attorney Michele Best.  Meanwhile, Titans defensive tackle Starks will continue anger-management counseling, and may have charges dismissed, AP via Knox. News Sentinel, Dec. 13.

Battery:  Tennessee Titans sued by former NFL Saints prospect McPherson, who wantsT-Rac (Nelson) $20 million in compensation and damages, because T-Rac mascot, played by Pete Nelson, hit McPherson's knee while driving a motorized cart, Tennessean, Dec. 19. City Paper, Dec. 19.

Judge Haynes' call:  National Healthcare Corp. nursing-home fire records may be unsealed, Tennessean, Dec. 9. Nursing home fire:  National Healthcare Corp. lawsuits settled, Tennessean, Nov. 21. Related news release, Nov. 20.

Nashville lawyer takes on DaVinci's Random House

Mikhail AnikinNashville attorney Kline Preston says the Kline Preston Law Group has been retained by Russian author and art historian Mikhail Anikin to sue Random House Inc. and The Da Vinci Code author Dan Brown for violating Anikin's rights.

Preston, 40, told Nashville Attorney he plans to file the suit in U.S. District Court for MiddleKline Preston Tennessee this month. Preston said Dec. 7 that the filing will invoke protections of author's rights under Russian law, as well as protections afforded by copyright laws and by the Berne Convention Protecting Literary and Artistic Works.

Anikin contends his 2000 work, Leonardo Da Vinci or Theology on Canvas (also translated, Leonardo da Vinci: Theology In Paint), not only explicitly referred to the central mystery as the "Da Vinci Code," but also laid out the premise that Da Vinci's famous Mona Lisa (La Giaconda) melded images of both Jesus and the Virgin Mary, and represented an allegory of the Christian church.  

Anikin asserts that in 1998 he described his theory to both his Russian colleagues and to Americans visiting at the Hermitage Museum in St. Petersburg, Russia.  Anikin says that with his consent those with whom he spoke passed the theory along to one or more authors, with the understanding Anikin would be given credit for his analysis by anyone using it. Preston confirmed this account.

Preston and St. Petersburg-based partner Chris Mitchell established Mitchell & Preston attorneys in St. Petersburg; Mitchell is of-counsel to Preston's Nashville firm. 

Both men have prior experience in international and domestic business law, and a portion of Preston's practice involves assisting in Americans' adoptions of children born in the Ukraine and elsewhere in the former Soviet Union. Preston and Mitchell also represented the original manager of Bering Strait, the classically trained Russian bluegrass band, in a contract dispute with band members. The group is now Nashville based.

Preston earned his bachelor's degree in Russian language and literature at the University of Tennessee in 1989, and earned his law degree at Nashville School of Law in 1994.  He also studied in Leningrad via an Indiana University program at Leningrad State University.

With more than 60 million copies in print, Code has been the focus of much litigation:  Two years ago here in Nashville, Random House first objected, but then soon relented in a complaint about Nashville-based Thomas Nelson Inc.'s use of the title Breaking the DaVinci Code, by author Darrell Bock.

Just a month ago in U.S. District Court in Manhattan, Random House and author Lewis Perdue battled over Perdue's claims that Brown had infringed on Perdue's "Daughter of God" (Doherty, 2000). The federal court rejected the argument and the U.S. Supreme Court refused to hear an appeal. Also, earlier this year two of Random House's own authors, Michael Baigent and Richard Leigh, who created the 1982 nonfiction book "The Holy Blood and the Holy Grail," sued Random House in London's High Court, alleging parts of their work formed the basis of Brown's novel.  The court rejected their claims of copyright infringement.

FOCUS: Hollins Wagster gains exposure from Sara Evans divorce case

Attorney David Raybin says media coverage of his firm's involvement in the Sara EvansClient Sara Evans divorce case has driven home for him the power of the Internet to increase law firms' recognition and clientele.

During an interview Dec. 4, Raybin told Nashville Attorney that news reports that mentioned colleagues John J. Hollins Sr. and Jr. were amplified by Web carriage, spurring a sharp increase in traffic on the website maintained by Hollins, Wagster, Yarbrough Weatherly and Raybin PC.  Traffic on the Hollins Wagster site increased from a respectable 200 to 300 visitors per day, to 1,000 or more each day when the Evans case was in the news.  "A third of the hits we got last month came directly off the Sara Evans case," he said, adding "people were hitting on this from all over the world," producing what he called a "tsunami effect."

Dramatic as it was, the Evans-driven increase in traffic only reinforced what Raybin has long believed:  "First of all, the web search engines are a now a tremendous vehicle for people searching for lawyers."  Though he declined to provide details, he acknowledged the firm has gained one or more clients as a result of Evans-related exposure. (Interest may surge, again, when when Evans returns Jan. 21 to "Dancing with the Stars," the show she abandoned as divorce loomed.) 

Quite apart from the Evans association, David RaybinRaybin explained that by authoring and Web-publishing articles and filings on such topics as "battered woman syndrome," "gun rights" and "restoration of firearm rights," he has personally enjoyed a steady stream of referrals from other lawyers and direct inquiries from defendants.  Though less sensational than celebrity lawsuits, Raybin believes such publishing continually produces long-term benefits.  In addition, Raybin believes law firms earn more recognition and credibility by developing website content based on the local practice of law, than by repackaging generic content obtained from publishers for that purpose. 

Regarding lawyer referrals, Rayin notes that prospective clients who are referred to a firm increasingly visit the firm's website before calling — "so, the moral of that story is that...without a solid web presence, a referral may not be worth what it used to be."

Given how taxing it can be to screen web-driven inquiries from potential clients, Raybin explains that his firm's site carries language intended to make clear that "cheap divorce" — which he says is probably the most common search phrase that leads otherwise uninformed visitors to the Hollins Wagster site — is not the firm's stock-in-trade.  The site's content is sprinkled liberally with such descriptors as "prestigious," "highly experienced trial lawyers," "highest quality ligitation services" and "sophisticated litigation"  — perhaps in an effort to avert time-consuming calls from clients with inadequate resources.  

Recognizing the power of the Internet, Raybin says he works steadily to improve his website's "search engine optimization," in the interest of ensuring the site is easily "findable" by those using Google or other search engines.  Raybin monitors the website's statistics and personally posts most of the firm's Web content. The firm, which has nine attorneys, relies on West Publishing for web hosting and design template. ♦

FOCUS: More medical malpractice debate in 2007

Reid A. Brogden, general counsel for the Tennessee Health Systems Development Agency, told Nashville Attorney Dec. 7 that in a recent four-year period HSDA had reviewed eleven hospital closings, and found only one — involving Henderson County Hospital and its request to discontinue obstetric services — in which the cost of medical-malpractice insurance had been cited as central to the hospital's case for eliminating services.

Brogden recalled that when the Henderson County matter came before HSDA, "when we dug down deep [into insurance costs], there wasn't a whole lot to it..."

The Tennessee Medical Association (TMA) and 53 health organizations aligned with TMA argue that such anecdotes only mask the growing "crisis" in healthcare in Tennessee, which they insist has been brought on by excessive awards of non-economic damages to patients who win malpractice lawsuits.

TMA lobbyist and government-affairs Director Gary Zelizer said TMA's driving concerns includeGary Zelizer deteriorating access to healthcare they argue results when physicians refuse to undertake higher-risk procedures; or, feel compelled to retire as a result of high insurance costs; or, leave Tennessee to practice in states that have modified malpractice laws to contain awards for non-economic damages.

Asked whether TMA will try again in 2007 to change Tennessee's med-mal laws, Zelizer said Dec. 7, "We'll do whatever we gotta do to try to get it passed and keep it as an issue in front of legislators," later adding with emphasis, "that, you can take to the bank."

The Tennessee Trial Lawyers Association (TTLA) typically responds as did trial lawyer John Day, during an interview Dec. 6, i.e., while TMA cites "'frivolous' lawsuits, what the healthcare industry wants is damage limitations on meritorious claims."  Day acknowleged that in previous rounds of debate with TMA, the trial lawyers offered to address ways to mitigate the cost of litigation, but remained "unwilling to limit the amount of damages a jury could award to a claim that had merit."

Curtis S. Person Jr.In spring 2006, the opposing lobbies again reached an impasse when legislative negotiations brokered by then-Senate Judiciary Committee Chairman Curtis S. Person Jr. (R-31-Memphis-Shelby) came to an abrupt halt, despite some promising discussion regarding such issues as expert witnesses, standards of care and constraints on frivolous lawsuits. 

By all accounts, Person, after 38 years in the Senate, was trusted and respected by all parties.  No longer a state senator, Person, now 72, is Shelby County Juvenile Court judge.

In a recent interview, Person told Nashville Attorney he had been "extremely disappointed" that the parties had not reached agreement in the course of debate related legislative proposals, including HB 3693, by Rep. Doug Overbey (R-20-Maryville-Blount). Overbey's bill had called for caps on non-economic awards; allowed a schedule of partial payments of awards, as an alternative to lump-sum payments; and, a sliding-scale for attorneys' fees, among other ideas. (Companion: SB 3802, by M. Norris.)  A member of Overbey's staff told Nashville Attorney that Overbey intends to submit a bill in this matter.

Who, if anyone, will step into Person's shoes broker debate of medical malpractice remains to be seen, as the Senate will not name leaders and committee chairs til January.  TMA will next brief its members on its 2007 lobbying agenda during a Jan. 19 town hall meeting event in Jackson, Tenn.  TTLA convenes for its annual mid-winter board and member meetings, Jan. 30-31, in Nashville.  Political reporter and columnist Tom Humphrey of the Knoxville News Sentinel predicts no change in the status quo in the coming Assembly, Dec. 18.

THE NUMBERS:  In November, the Tennessee Department of Commerce & Insurance issued its annual medical malpractice claims report. Among its findings:  Total damages claimed in lawsuits resolved in 2005 were about $7.6 billion, while total damages asserted by all pending cases stood at about $20 billion. In 2005, the number of claims closed was 2,827; fully 5,680 claims were pending on Dec. 31, 2005, with only 295 of those having originated in 2005.  In 2005, court judgments were awarded claimants in five lawsuits, in which judgment amounts ranged from about $70,000 to more than $2.7 million. In 2005 in Tennessee, total damages paid in the wake of lawsuits resolved through adjudication, settlement or other means reached $125,167,714. Total costs associated with defense in such litigation totaled more than $61 million. (Beginning in 2007, claimants' attorneys must report fees and expenses.)  Meanwhile, within the insurance industry in 2005, total direct medical malpractice premiums charged in Tennessee were $341,637,364. Related coverage, City Paper, Nov. 17, 2006. Times Free Press, Nov. 27. State press release, Nov. 16. Times Free Press editorial points finger at insurance premiums, Nov. 22.

SPOTLIGHT: 'Lawyers Without Borders' links to Nashville

Nashville's Shane Messer has been honored by a United Nations organization for hisShane Messer personal and financial contributions to Lawyers Without Borders (LWOB), the global network that matches lawyers seeking opportunities for pro bono work with needy organizations in developing nations.

Messer, 31, is founder of the Incubator Group here, a small private-equity investment and incubation operation.  He helped Hartford, Conn.-based LWOB revamp its business processes and created a new website and database to improve the organization's ability to match lawyers with clients worldwide.

On Dec. 5 Messer became one of 10 persons worldwide who were named "Online Volunteer of the Year" by the UN's Volunteers Programme and its Online Volunteering Service, following Messer's nomination by LWOB.

LWOB Founder Christina M. Storm, herself an attorney and partner in Hartford's Byrne & Storm PC, told Nashville Attorney on Monday that Messer is one of several dozen "core" volunteers considered for this year's UN recognition.  She explained that, in addition to Messer, two other Tennesseans have played key roles in the progress of six-year-old nonprofit LWOB.  The second is Kevin R. Rardin, chief prosecutor in the child investigation team in the office of the 30th District attorney general, in Shelby County.  Rardin developed a crucial project-management protocol, Storm said.  The third is PC Partfinder Founder/CEO Shawn Wilmoth, in New Market, Tenn., who has been a donor and has been instrumental in securing computer equipment for LWOB and for its Liberia Law School project.

Storm said interest in LWOB pro bono assignments is rising:  "The concept of international pro bono is relatively new, and I would say that LWOB is riding the wave."  She said she senses law firms with international practices are increasing interested in ensuring that those practices' lawyers can demonstrate involvement in international pro bono work. LWOB has attracted support from firms including Shearman & Sterling LP; McDermott Will & Emery LLP; White & Case LLP; and Orick Herrington & Sutcliffe LLP.

Messer told Nashville Attorney during an interview Monday that he intends to earn both a law degree and a Ph.D. in economics, and to apply his skills in global economic development.

Messer's first encounter with world attention came three years ago, when he launched a 0nline contest called, "Find Those Weapons of Mass Destruction," which attracted a following for seven months, attracting more than $60,000 in revenue.  In 2005, he launched an online project to helped refugees from Hurricane Katrina, helping match homeless persons with available beds in the region. More recently, he and Incubator partner Jared N. Miller of Franklin have launched Sisters of Rwanda, to help former prostitutes in that nation.

Messer's career has been full of impromptu turns, and he clearly doesn't stand on ceremony.  Although he managed information-technology services for Nashville's Aladdin Industries and Extreme Beverages, in the past 15 years the teenager who ran away from home at 16 has become a businessman with a stake in numerous small businesses, ranging from web-development to fitness, lighting and other markets. Messer explains that he is now pursuing both a master's in computer science at Tennessee State University, and an online law degree through the Northwestern California University School of Law. He earned his bachelor's in information sciences via an American Central University campus in Alabama.  All this, he explains, was after his 18 months as a U.S. Marine, and his earlier experience as a runaway, driving an ice-cream truck and virtually homeless, in Florida. Related: UN release, Dec. 5. •

REGIONAL

Knoxville attorney Herbert S. Moncier has a cloud over his head, as a result of disruptingHerbert Moncier (KNS) the court of a U.S. District judge, allegedly communicating inappropriately with a key witness who could help a Moncier client, being an unruly customer at a McDonald's -- he was accused of raging -- and possibly subject to payback from some local adversaries aligned with the Sheriff's office. The most recent story Dec. 7 in the Knoxville News Sentinel is here, a piece about why he was briefly jailed on contempt charges, and an earlier statement by the local Sheriff, here. (Photo Courtesy Knoxville News Sentinel.)

District Attorney Bill Gibson, suspended from the practice of law and the subject of a TBI investigation, has challenged Judge Leon Burns' appointment of Tony Craighead as 13th Judicial District Attorney General Pro Tempore. Gibson maintains that his office is not officially vacant and that the judge's action, taken without a hearing, violates his constitutional rights. Herald-Citizen, Nov. 29.

Rose Thorn FBI probe:  Cocke County sheriff's deputy hit with 2-year prison term and shaming by U.S. District Court Judge Greer, Knox. News Sentinel, Nov. 29.

FBI sting operations in Tennessee reviewed by NewsChannel5 WTVF Nashville, Dec. 18 here.

MEMPHIS — In Memphis, FBI "Main Street Sweeper" and "Clean Sweep" results in bribery, drug and related charges against local political figures, Comm. Appeal, Nov. 30. Cooper identified as FBI informant, Comm. Appeal, Dec. 1. Update on Sweeper campaign, Memphis Daily News, Dec. 18.  Editorial:  Memphis Daily News reporter seems agog at Memphis corruption, stripclubs and scandal, Memphis Daily News. Dec. 15.  Commentary on investigations, Memphis Daily News, Dec. 15.  Is race a factor in corruption charges?  A Memphis Commercial Appeal reporter explores this question in the wake of new arrests of African American politicians in Memphis. Comm. Appeal, Dec. 3.  Related, Dec. 2. Hooks Sr. heads for federal prison, convicted of accepting Waltz bribes, Comm. Appeal, Dec. 7. Peete, Cooper, Ford are indicated, Nov. 30, Memphis Flyer.

Statistics show violent crime down in Nashville, Tennessean, Dec. 19.

Former Sen. Dixon began 5-year prison term as federal inmate Nov. 28., Comm. Appeal, Nov. 28.

Shelby County Fire Department Lt. Matt Snyder has been fired as a result of his role in the controversy over bugging devices found in the ceiling of the local Homeland Security office.  Comm. Appeal, Dec. 8.

Would-be Swiss immigrants to Tennessee say they stand to lose 'everything' if Immigration officials press their case for departure, on basis that their business plan was inadequate, Comm. Appeal, Nov. 4.  They say they never banked on the risk of coming to America.

Sounds baseball-stadium deal:  Ballpark contract extension before Council tonight, Tennessean, Dec. 19. City Paper, Dec. 19.  Attorney Larry Thrailkill is Metro's outside lawyer shepherding the Sounds deal toward a revised April 15 deadline. IDB approves extension, City Paper, Dec. 14.

Lawsuit threatened:  Fired from his post as administrator at Nashville Peace and Justice Center, former Black Panther Lorenzo Ervin was allegedly better at rallying activists than at cutting-and-pasting with computers. Ervins expressed his intention to sue the NPJC. Nashville Scene, Dec. 14.

Juvenile Court must see juveniles from suburbs who might otherwise have been directed into pre-trial diversion, Comm. Apppeal, Dec. 15. Juvenile judgeship effectively tabled, for now:  Shelby County Juvenile Court Judge Curtis Person files lawsuit against Shelby County commission, in attempt to force examination of constitutional and open-meetings issues, Comm. Appeal, Nov. 21. Shelby County commissioner criticizes juvenile court as outmoded, Comm. Appeal, Nov. 20. Attorney Caywood argues Shelby County Juvenile Court is underfunded, Comm. Appeal, Dec. 10. Administrator Hall comments on role of Juv Court in Shelby, Comm. Appeal, Dec. 10.  Report on community response, Comm. Appeal, Dec. 10.

Hunton & Williams and Wachovia achieve largest sanctions award by Tennessee Court, release Nov. 13. Related coverage, Knox. News Sentinel, Nov. 14. Blount County Circuit Judge Young delivered blistering comments to Florida real-estate developer who used frivolous tactics.

U.S. District Court Judge Robert Echols gives murder-for-hire defendant Brenda Lampley less than seven years in prison, noting that she "made a bad decision," in going along with revenge-incensed Hardman, age 50, who got 35 years for the plots.  Lampley's attorney was David Heroux. Nashville Scene, Dec. 14.

Battle Ground Academy alumn injured during an earlier BGA baseball game is suing BGA, claiming $3 million damages.  Defendants named are BGA, TSSAA and three umpires. NashvillePost.com, Dec. 1.

Karl Braun of Hall, Booth, Smith & Slover in Nashville is representing a Miami entrepreneur in her efforts to recoup $150K from Latino rap group Cypress Hill, which was to have performed in Davidson County, before Hurricane Ivan forced promoter Wavecrest to scrub the event and seek return of the advance.  NashvillePost.com, Dec. 1.

Defendants in drop-kicking 2-pound dog Gizmo await word on jurors for their trial, Tennessean, Nov. 30. Judge Monte Watkins presides.

Robert C. Divine returned to Baker, Donelson, Bearman, Caldwell & Berkowitz PC from service as chief counsel of U.S. Citizenship and Immigration Services (USCIS). Divine has rejoined Baker Donelson as a shareholder leading the Immigration Group, operating from both Chattanooga and DC offices of the firm. Comm. Appeal, Dec. 13. Tennessean, Dec. 17. Baker Donelson release Dec. 11.

Shelby County Probate Court clerk sues former county employee and a political blogger for identity theft and damages during campaign season, Comm. Appeal, Dec. 13.

Former Judge Lillie Ann Sells suffered an apparent stroke and is reportedly recovering, while her appeal of her defeat (by a 10-vote margin) in a bid for re-election as criminal court judge in the 13th Judicial District makes it way through the appeals process. The Tenn. Supreme Court refused her request to expedite her appeal that that court assume jurisdiction in the matter. Sells is reportedly represented in the case by Nashville attorney Stephen J. Zralek. Election winner David Patterson is represented by Cookeville attorney Craig Fickling, Sparta attorney John Knowles, and Livingston attorney Amy Hollars. Hendersonville aldermanic candidate files suit in Sumner County Chancery Court to toss results of election he lost by 18 votes, Tennessean, Nov. 22 and Nov. 29.  A Jan. 2 trial date has been set, after election commission agreed there were errors that could have affected outcome, Tennessean, Dec. 6.

Beasley, prosecutor of James Earl Ray in killing of the Rev. Martin Luther King Jr. recalls the case at age 80, Comm. Appeal, Nov. 15.

Profile Circuit Court Judge Kay Spalding Robilio, Memphis Daily News, Nov. 9.

Chief U.S. District Judge McRae celebrated 15 years on bench, Comm. Appeal, Nov. 8.

Chattanooga defense attorney Leroy Phillips is profiled, as he nears retirement, Chattanoogan.com, Nov. 30.

In Memphis, Asst. U.S. Attorney Zoccola reflects on her law career and her stint as president of Memphis Bar Association. (She is succeeded at MBA by David M. Cook.)  Memphis Daily News, Nov. 30.

Anderson County attorney Victoria Bowling is accused of interrupting an emergency hearing on Sept. 8 in Anderson County Juvenile Judge April Meldrum's court a week after Meldrum took office, and faces contempt of court trialin January.  Knox. News Sentinel, Dec. 15.

Jackson Sun newspaper investigates large legal fees incurred by City of Jackson in dispute with former Diamond Jaxx president David Hersh. Jackson Sun, Dec. 4.

After reelection to Memphis chairmanship, Ford & Harrison attorney Perl (formerly with Young & Perl) draws controversy as long-running chairman of Memphis-Shelby County Airport Authority, Comm. Appeal, Nov. 19.

New leader, Dick Tarr, at InMotion Musculoskeletal Institute in Memphis says heading-off lawsuits and determining how to divide profits from commercialization of technology will  be key issues, Comm. Appeal, Nov. 10.

Medtronic top exec in Memphis notes growth of inhouse intellectual property attorneys in his company, Comm. Appeal, Oct. 26.

LaFollette, Tenn., software designer is advised to lawyer-up after U.S. District Judge Jarvis tosses lawsuit against software company that might have exonerated him in apparent convoluted scam, Knox. News Sentinel, Dec. 11.

Morris:  Former head of Memphis Light is relaunching his own law firm, Memphis Daily News, Dec. 15. Since leaving MLGW, Morris worked with Baker Donelson and Pinnacle Airlines, and earlier was with Ratner Sugermon. He's a '77 VU Law grad.

The Garretson Firm opens Chattanooga office; firm also has offices in Charlotte, N.C.; Syracuse, N.Y.; and Cincinnati. Times Free Press, Nov. 12.

U.S. District Court:  Attorney Garts may receive fees from 1998 case against pot-trafficker, Comm. Appeal, Dec. 11.

Hamilton County's five Sessions Court judges have missed 160 court sessions this year. Hamilton County DA Cox says absences can slow court proceedings. Times Free Press, Nov. 26.

Chattanooga Municipal Court Judge Sherry Paty has been assigned more than twice as many cases as her counterpart, Judge Russell Bean, in the first four months of this fiscal year. Times Free Press, Dec. 10.

Judge Holley hopes to speed Dickson Municipal Court dockets by changing some procedures, Dickson Herald, Dec. 15.

Despite Sen. Frist's involvement and Walking Horse industry interest, Congress fails to amend Horse Protection Act to clarify rules and facilitate law enforcement, Tennessean, Dec. 14.

Sumner County lawyer Dennen says new office needed to handle bonds for persons arrested, Tennessean, Nov. 24.

Anderson County judges are feeling cramped; commission will review judicial facilities, Knox. News Sentinel, Nov. 13.

Advocates want special court for mentally ill defendants in Robertson County, Tennessean, Dec. 7.

The election of Asst. Dist. Atty. Allen Couch Jr. as the County Judge will create an opening in the DeSoto County office of Dist. Atty. John Champion. Comm. Appeal, Nov. 24.

Marion County Mayor Moss vetoed County Commission resolution that would have transferred power to appoint county attorney to commissioners from mayor. Times Free Press, Dec. 13.

Nahon, Saharovich & Trotz PLC adds Owings as associate, and she feels right at home, Memphis Daily News, Nov. 16. Comm. Appeal, Dec. 1.

Adam B. Beckman has joined the Bradley Law Firm PLLC as an associate attorney. He is a recent graduate of the University of Alabama School of Law. Mempphis Daily News, Dec. 6.

Harley Steffens and Gennie Gieselmann have joined Evans & Petree PC as associate attorneys. Comm. Appeal, Nov. 21.
 
Victoria S. Rowe, Katherine L. Frazier, Kenneth O. Cooper and W. Bradley Gilmer have accepted the positions of equity members in the law firm of Domico Kyle, effective Jan. 1, 2007. Comm. Appeal, Nov. 20.

Curry joined Harris Shelton Hanover Walsh, PLLC, as an associate in its Downtown Memphis office. Comm. Appeal, Nov. 18.  Grossman of the law firm of Harris  appointed to the Shelby County Film and Tape Commission.

Siskind Susser Bland, PC announces five new employees: Stacy Wagerman, marketing associate; Sherry Weinblatt, office manager and Leigh Waters, Katie Cian and Beverly Seaton as paralegals. Comm. Appeal, Nov. 18.

Chattanooga's Duncan & Hatcher adds associates Randle, Acuff and Botos, Chattanoogan, Nov. 14.

GOVERNMENT

AT&T-BellSouth 'Ethical coin toss':  FCC Commissioner McDowell decides to err on the side of discretion and stay out of the vote on merger, statement Dec. 18 here. He cited a weak legal opinion and urged FCC Commissioner Debi Tate of Tennessee and other commissioners to resolve their differences, quickly. Related coverage, Wash. Post, Dec. 19.

Tennessee Bar Association analysis of changes in lawyers elected to office in the Tennessee General Assembly, Nov. 8.

Rep. Sontany, Sen. Herron and TBI may be on same wavelength about legislature looking at amending law on background checks, in wake of release of juvenile court records, City Paper, Nov. 22.  Editorial encourages lawmakers to revisit issues, City Paper, Nov. 22.

Lawyer Haskell, an advocated for Tennessee Jobs Coalition, inveighs against increasing minimum wage, in favor of 'free-market' approach, op-ed, Tennessean, Nov. 12.  Haskell is Gullett, Sanford, Robinson & Martin. 

The Third Rail of Tennessee Politics?  Can a candidate win election while supporting the income tax?  Pro- citizens group and political scientist disagree, Tennessean, Nov. 13.

Cunningham says Tennessee Tax Revolt strategies are drawing interest statewide:  TaxBen Cunningham Revolt Founder Ben Cunningham told Nashville Attorney, Dec. 13,  "We have met with a number of other taxpayer groups around the State that are interested in duplicating our success in Nashville with the Charter Amendment. We expect '07 will see much more activity in this area. We hope the General Assembly will consider more disclosure laws in the '07 session requiring cities and counties to post their charters and ordinances online along with agendas, minutes, and voting records for the local legislative body. We believe taxpaying citizens deserve easy, online access to this information. We are encouraged about the possibility that the State Senate will unveil a new, easy to use vote tracking system for the upcoming session."  Coverage and resources:  Voters say on tax hike may not be final word, if measure found unconstitutional, Tennessean, Nov. 10.  Metro Charter tax amendment described as 'shaky', despite Nov. 7th vote, due to constitutional and other considerations, Tennessean, Nov. 12.  Metro Legal Department again issues opinion casting doubt on Metro requirement for voter approval of tax rate hikes, City Paper, Dec. 12.

Gov. Phil Bredesen named lawyer Stuart Brunson Deputy Governor; he ran BredesenSteve Elkins election campaigns. Attorney Steve Elkins was promoted to Governor's legal counsel, succeeding now-AG Cooper, NashvillePost.com, Dec. 8. Tennessean, Dec. 9.  City Paper, Dec. 11.  Prior to succeeding Cooper, Elkins, 33, was deputy legal counsel for Gov. Bredesen.  Earlier, he spent a year as deputy legal counsel for Tenn. Democratic Coordinated Campaign Victory 2000, and subsequently served as comptroller and director of research for Bredesen for Governor campaign.  Earlier, he clerked with the General Counsel to the Vice President of the United States Al Gore Jr. (1998), and then worked in Gore Campaign's legal/compliance office; he also clerked with the environmental division of the Office of the Solicitor General, Tenn. AG, and was earlier office clerk for Bernstein, Stair & McAdams at Knoxville.  The Smyrna native graduated University of Tennessee with a B.S. in finance in 1995, and earned his J.D. at UT College of Law in 1999.  Related: Profile on Tennessee Attorney General Bob Cooper, Chattanoogan.com, Nov. 12.

Editorial: Increased collaboration between DCS and Metro Police comes just in time, Tennessean, Dec. 19.

Some state lawmakers are in favor of repealing the "shame law" for DUI offenders, but foresee a tougher battle changing the state's open container law. City Paper, Nov. 29. Governor's Task Force disagrees with 'shaming' law in DUI law enforcement, City Paper, Nov. 16.  Tennessean, Nov. 16. Supportive editorial, Jackson Sun, Nov. 16. Maury County Daily Herald supports DUI Task Force recommendations, Daily Herald, Nov. 20.

Tennessee Homeland Security Director Dave Mitchell said last week that his organization is partnering with the Tennessee Bureau of Investigation to create a "one-stop shopping" network for information about criminals and potential terrorists. Times Free Press, Nov. 27. Tennessean, Nov. 28. Fusion Center for crime data enables Tennessee counties to cooperate better, Times Free Press, Dec. 14.

Metro Sheriff Darrell Hall faced immigrants rights community over proposed federal program tie-in, City Paper, Dec. 7.  TN Highway Patrol asks to join with Davidson County Sheriff in immigration-enforcement program, City Paper, Nov. 16.

Despite Metro Legal Department okay of currents grants-making process, Metro Homelessness Commission wants a conflict of interest policy that passes the 'sniff test', City Paper, Dec. 14.  Related story, Dec. 15. Metro Legal cautions Council Member Greer on donation to charity, City Paper, Dec. 19.

Metro Airport Authority establishes panel led by Urban League CEO to monitor minority contracting, Tennessean, Nov. 9.  Editorial says Metro Airport won't contract adequately with minority firms without incentives that have been removed, due to unfounded fear of litigation, Tennessean, Nov. 10.

Franklin aldermen select Beyke as city's first fulltime inhouse attorney, in new Law Department, Tennessean, Dec. 17.

Franklin Police Department's Internet Crimes Against Children Task Force is netting online child predators, Tennessean, Dec. 13.

Deputy Mayor Bill Phillips announces his January departure from Purcell Administration, NashvillePost.com, Dec. 5;  Tennessean, Dec. 6.

The state of Tennessee entered into two 15-state agreements with Chase Bank and Trilegiant Corp. to resolve allegations that they deceived consumers into buying membership programs to get discounts on car and home repair, shopping, and other benefits. The firms will pay out $14.5 million as part of the settlement. Consumers who have not already complained to the state or to Trilegiant, have until Sept. 6, 2007, to do so in order to recover. AG release, Dec. 11.

State's Open Government committee voted to delay its report by one year, Tennessean, Nov. 30. Metro Council Member Tucker offers resolution asking Metro Board of Public Education to abide by Open Meetings law, rather than seek changes, City Paper, Dec. 19.

State of Tennessee joins in asking Bay Area judge to adopt shield law protection for journalists charged with refusing court demand to tell how they obtained grand jury testimony on steroid sales, AP via Knox. News Sentinel, Dec. 12.

TBI officials hope hiring 17 new forensic scientists will improve turnaround and ultimately speed up the disposition of criminal cases.  Hamilton County District Attorney Bill Cox said the Tennessee District Attorneys General Conference has been instrumental in helping the TBI acquire additional resources to reduce the delay in lab results. Times Free Press, Dec. 3.  Bradley County Sheriff Gobble has spoken with Gov. Bredesen about state funding for regional crime lab, now that Homeland Security funds are 'drying up', Knox.News Sentinel, Nov. 14.

Metro Council Member Hausser will change name to Ginger Pepper, following March 10 marriage to local attorney Ross Pepper;  she reportedly gives Councilman Mike Jameson grief for referring to her as "Spice Girl."  City Paper, Dec. 4.

Commerce and Insurance Commissioner Paula A. Flowers will leave Gov. Phil Bredesen's Cabinet to return to the private sector, the Knoxville News Sentinel reports. Flowers, an attorney from Monterey, was special counsel to the TennCare Oversight Division before being named commissioner.

In Hamilton County, reported understaffing of DA and Public Defender offices may reflect jail overcrowding, philosophical factors regarding funding state programs and more -- but numbers of court sessions keeps rising, Times Free Press, Nov. 9. 

PUBLIC SERVICE

Metro Nashville Deputy District Attorney Tom Thurman received prosecution-performance Tom Thurmanaward from Tennessee District Attorney General's Conference. Tennessean, Nov. 12. The TDAGC President's Award was awarded by TDAGC President General Ray Whitley, who presented the award to three assistant AGs.  Thurman's award emphasized his role in the Perry March case.  A spokesperson in the Metro DA's office pointed-out to Nashville Attorney that the March case lasted more than a decade, and involved multiple jurisdictions, including Mexico. 

NBA President — In January, at age 39, Lela Hollabaugh, a partner at Waller Lansden Dortch & Davis, will become the youngest president of the Nashville Bar Association, succeedingLela Hollabaugh Sheree Wright, who is university counsel in the office of the general counsel at Vanderbilt University.
   Hollabaugh told Nashville Attorney Nov. 14 that her term will begin with a management retreat for the NBA board of directors, where the 19-member board will begin developing a strategic plan for services to more than 2,700 NBA member-attorneys who represent an estimated 80 percent of attorneys in the county.
   Hollabaugh explained her goal is for NBA "to be the organization that lawyers consider it critical to belong to" and to "be a better voice for laywers." 
   She plans to identify fundraising and revenue-generating opportunities that will augment NBA's current $1 million annual budget, and she will capitalize on NBA's progress against a dozen priorities adopted during Wright's tenure, including:  promoting diversity in the legal community; strengthening community service, particularly Law Week; improving communications with NBA members; introducing a business-sponsorship program to generate revenue; evaluating the effectiveness of NBA events; creating a General Sessions committee to address language-interpretation issues; introducing formal performance evaluations of NBA employees and other projects.
   As warranted, NBA will also continue to address such issues as compensation for judges, "the independence of the judiciary," and related matters.   NBA also conducts pre-election polls of Nashville lawyers regarding Davidson County judges, and often encourages members to vote during elections.  NBA programs are listed here.
   Hollabaugh is Nashville group manager for Waller's trial and appellate practice group.  Her clients include natural gas pipeline companies and manufacturers of pharmaceutical, medical-device and other products, including individua lawsuits and mass-tort cases.  Prior to joining Waller in 1998, Hollabaugh was a partner in Manier, Herod, Hollabaugh & Smith, where she began as an associate. She is a past president of the Young Lawyers Division of NBA.  Hollabaugh earned her J.D. at the University of Tennessee School of Law in 1991, and earned her bachelor's at UT in 1988.♦

Saffer, assistant General Counsel at BMI, elected president American Intellectual Property Law Assn., Nash. Bus. Journal, p. 18, Nov. 10.

Board of Professional Responsibility hearing-committee added to its ranks Clifford Wilson, partner at Howard Tate Sowell Wilson & Boyte. Tennessean, Dec. 10.

Judge Green of Davidson County Juvenile Court stresses need for reading tutors and speakers to address incarcerated youth, Tennessean, Nov. 19.

Cynthia WyrickTennessee Justice Center adds attorney Wyrick to board, NashvillePost.com, Nov. 27. Center adds to board the former Tennessean editor of Opinion pages, Sandra Roberts, NashvillePost.com, Dec. 11.  Roberts, Tennessean, Dec. 13.  TJC also recently added Nashville lawyer David Esquivel and A. Gregory Ramos, and retired Tenn. Supreme Court Justice E. Riley Anderson.

Lewis R. Donelson III, co-founder of the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz PC, received the Distinguished Citizen Award from the Boy Scouts of America on Nov. 21.

Tennessee Volunteer Lawyers for the Arts (TNVLA) has named its board of directors for the year. Officers include: Chairman Bo Spessard, director of operations for Emma LLC; Treasurer Jamie Cheek, an accountant with Flood, Bumstead, McCready, McCarthy; and Secretary Michael Bressman, professor at Vanderbilt University Law School. Additional board members include: Michael Aurbach, professor at Vanderbilt University; David Bennett, executive director of the Tennessee Film, Entertainment & Music Commission; Casey Gill, executive director of TNVLA; Hank Adam Locklin, senior manager of the Country Music Association; Mike Milom with Bass, Berry & Sims PLC; Bob Sullivan of Loeb & Loeb LLP; and Van Tucker, executive vice president of First American Financial Holdings.

Legal Aid Society and Cricket Communications provide cell phones to victims of domestic abuse. Release Dec. 16. A grant from the U.S. Department of Justice, and administered through Nashville¹s Somali Community Center will fund a project to inform members of the local African refugee community about help available to crime victims. LAS release Nov. 20.  For more information call 1-800-238-1443 or go to www.las.org.  Legal Aid Society adds VU Law student Seay as grant writer, Tennessean, Dec. 10.

PRO BONO — Joseph P. "Joe" Rusnak, an attorney with Tune, Entrekin & White PC has been selected Pro Bono Attorney of the Year by the Nashville Pro Bono Program of the Legal Aid Society, according to an announcement by Lucinda Smith, program director. Smith said Rusnak is credited with handling more than 40 pro bono cases in his career, includingJoe Rusnak 13 bankruptcies, among other pro bono activities. 
   Rusnak said in a statement, "I'm grateful to the Pro Bono program. I get as much from it as the people I help, who are always very appreciative, even for small matters. For instance, it's a relatively easy thing to change someone's name, but it can have huge impact when you fear for your life because of an abusive relationship and need to establish a new identity," he said.
   Rusnak said he was inspired to public service by the example and encouragement of Tom Forrester, a fellow UT Law alumnus who won state and local bar-association's annual pro bono awards in 1994-95, and who is a partner with Gullette Sanford Robinson and Martin PLLC. 
   Rusnak, 47, joined Tune Entrekin in 1992.  Earlier, he served with attorney Paul Jennings; with Trabue Sturdivant and DeWitt, and with Bone Langford & Armistead. At the University of Tennessee In 1984, Rusnak earned both his J.D. at the School of Law in 1984 and an M.B.A. He earned his bachelor's at Birmingham-Southern College in 1981. He is a former vice chairman of the Nashville Bar Association Bankruptcy Court Committee.♦

Herman Morris Jr., former president and CEO of Memphis Light Gas and Water and now currently with Pinnacle Airlines, was awarded the 2006 Presidential Award for Outstanding Service from the Ben F. Jones Chapter of the National Bar Association at Memphis. Morris was honored for his work chairing the NBA's Judicial Evaluation Committee during this year's judicial elections. He graduated from the Vanderbilt University School of Law in 1977. TBA, Nov. 28.

Leathers named president of Tennessee Defense Lawyers Assn.; he's an attorney with Howard, Tate, Sowell, Wilson & Boyte. Tennessean, Nov.19.

David Cook of the Hardison Law Firm PC new Memphis Bar Association president. He looks ahead to his term, Memphis Daily News, Dec. 7. Rice Anderson & Caperton's Amundsen is named VP of Memphis Bar Association, Memphis Daily News, Dec. 14. Immediate goal: Improving image of lawyers, and collaborate with U. Memphis Law School.

During the annual meeting and elections of the Young Lawyers Division (YLD) of theShannon Toone Memphis Bar Association, Shannon Toon of Hill Boren, PC, became the 2007 YLD president, and Stacie Winkler, Thomason, Hendrix, Harvey, Johnson & Mitchell, PLLC, was elected 2007 vice president/president-elect. Elected to the board: Kevin Baskette, Thomason, Hendrix, Harvey, Johnson & Mitchell, PLLC; Forest Dorkowski, Tual Graves PLLC; Freeman Foster, Domico Kyle, PLLC; Lewis Lyons, Glassman, Edwards, Wade & Wyatt, PC; Lisa Overall, McDonald Kuhn, PLLC; Jennifer Sink, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; Van Turner, Evans & Petree, PC; Monica Wharton, Glankler Brown, PLLC and Mason Wilson, Butler Snow O'Mara Stevens & Cannada, PLLC. Comm. Appeal, Nov. 28. Memphis Daily News, Dec. 7.

Patrice R. Dickey, attorney with the U.S. Postal Service Facilities and Environmental Law unit, was presented an award and official commendation in recognition of her legal support with the work needed to deal with the aftermath of Hurricane Katrina and for work on litigation. Comm. Appeal, Dec. 7.

Attorney and Memphis City Schools Board Commissioner Tomeka Hart has been selected as the president/CEO of the Memphis Urban League. She is the fourth person to lead the Memphis Urban League, and is the first female president in the 63-year history of the organization. Comm. Appeal, Dec. 12.

Oak Ridge Attorney Neil McBride was appointed to the Standing Committee on Legal Aid and Indigent Defense of the American Bar Association. OakRidger.com, Nov. 10.

Shelby County District Attorney William L. Gibbons has been chosen to be Tennessee's representative on the National District Attorneys Association (NDAA) board of directors. Gibbons was chosen by his peers throughout the state. Gibbons also is a member of the board of the American Prosecutors Research Institute (APRI), the nonprofit research and program development arm of the NDAA.  Memphis Daily News, Dec. 8.

Cole of Lewis, King, Krieg & Waldrop is named co-chair to fundraising campaign for Centerstone, the behavioral health services provider, Tennessean, Nov. 19.

Shannone Raybon, a solo practitioner attorney, has been named by Gov. Bredesen to the State of Tenn. Board of Accountancy, Tennessean, Nov. 26.

Association for Women Attorneys in Memphis holds annual banquet, introduces officers, Comm. Appeal, item by PR person, Dec. 15.

Lewis King Krieg and Waldrop attorney Chuck Cagle received Tennessee Tech University's 2006 Outstanding Service Award, Tennessean, Nov. 26.

Attorneys among board appointees for Prevent Child Abuse Tennessee:  Donna Green, solo practitioner; Brooks Smith, Boult Cummings Conners & Berry. Tennessean, Dec. 10.

Shelby County attorneys increase pro bono work for higher skills, profiles, Comm. Appeal, Nov. 7.

Circuit Court Judge Robert L. Childers, who presides over the 30th Judicial District, has been reappointed to the American Bar Association Commission on Lawyer Assistance Programs, which was created to help lawyers and other legal professionals with addictions, mental health issues and other personal problems that have an effect on their ability to practice law. Childers has served on the commission or its advisory commission since 2000. Memphis Daily News, Dec. 6. TSC release, Nov. 27. FYI:  Tennessee Lawyer Assistance Program extended, Dec. 7.

LAW EDUCATION

At Vanderbilt University School of Law, a major new study of the behavior of Margaret Blairexecutives in U.S.-based transnational corporations will examine corporate governance; corporate influence on host nations' governance; and, internal corporate incentives and sanctions that shape the decisions  of corporate executives and their companies. 
   The Alfred P. Sloan Foundation's grant of $609,500 and VU Law's own support of roughly $150,000 will fund research during a two- to five-year period by Professors Margaret M. Blair, Randall S. Thomas and Robert B. Thompson.  Robert ThompsonUnder the grant, the professors' seven parallel projects could lift the corporate veil on the internal processes that determine investment decisions, operational priorities, executive incentives, behavior that enhances or thwarts host-nations' laws and regulations, and corporate means of enforcing or escaping contractual obligations. 
   Blair told Nashville Attorney, "We just want to know how it works. We're not expecting to find bad things any more than I'm expecting to find good things..."  She added, "We're not going into it with the notion that we're going to uncover scandals." 
   Whatever the findings, the work seems certain to attract the attention of governments of industrialized and developing nations, as well as the interest of global corporations and multilateral institutions, such as the United Nations and closely aligned nongoverning organizations (NGOs). 
   Topics likely to be addressed in the project — in addition to the benefits of global enterprise — include ethics and corporate social responsibility; outsourcing of work around the world; use of contractors or agents for key business functions; use of labor and natural resources; executive-level systems of risks and rewards; and, suppression or advancement of national institutional development.Randall Thomas Such matters have long been generally regarded as "internal" and off-limits for courts, leaving outside observers largely in the dark about corporate investment decisions, management of capital, internal metrics of executive performance, competition within management teams and internal determinants of shareholder influence. Grant funding will support research, travel, workshops, conferences and a speaker series.

MARGARET M. BLAIR JOINED VANDERBILT AFTER EIGHT YEARS at Georgetown University Law Center.  She has served as a senior fellow in the economic studies program of the Brookings Institution, and is a member of the board of Worldwide Responsible Apparel Manufacturing (WRAP). Her research focuses on team production and the legal structure of business organizations; trust as a mechanism of governance in business firms; and, the cultures of boards of directors. Randall S. Thomas is professor of law, director of the Law and Business Program at Vanderbilt and director of the Vanderbilt-in-Venice Program within the Law School.  He to joining the academy in 1990, he practiced with Skadden, Arps, Slate, Meagher & Flom and with Potter Anderson & Corroon.  Robert B. Thompson holds the New York Alumni Chancellor's Chair, and joined Vanderbilt law faculty in 2000, from Washington University School of Law, where he was Madill Professor of Law and director of the Center for Interdisciplinary Studies. Related: News release, Oct. 19.♦

Mae QuinnThe University of Tennessee Legal Clinic will help rebuild the New Orleans public defender program and criminal justice system as part of the Katrina Indigent Defense Project. The first group of UT students, led by Assoc. Prof. Mae Quinn, will travel to New Orleans in January and will interview new arrestees, gather information from pretrial detainees and provide other assistance to the over 3,000 individuals awaiting trial.  Related Student Hurricane Network report, here.

From his post at the First Amendment Center at Vanderbilt, ResearchDavid Hudson Attorney David Hudson urges readers to scrutinize argument that 'liberty must take a backseat to security', as laid out by Federal appeals court Judge Richard A. Posner.  Posner's new book, Not a Suicide Pact, emphasizes that constitutional liberties must be interpreted for an age of global terrorism and weapons of mass destruction. Commentary, Dec. 3 in The Tennessean.

Corporate Social Responsibility gaining steam on Vanderbilt, Belmont, Tennessee State, Fisk, Lipscomb campuses; VU will be host for NetImpact CSR conference in '07. City Paper, Nov. 6.

Tennessee Bar Association Mock Trial 2007 Competition is now underway, details here.

Butler Snow law firm donates $100K to University of Memphis Law School, Comm. Appeal, Dec. 13.

Constangy, Brooks & Smith presented its second annual Diversity Scholars Award for the State of Tennessee to Augusta Akpotu, a second-year law student at the University of Memphis.  Law School release, Dec. 7.

Vanderbilt Law School has received two separate grants from the Andrus Family Fund of the Surdna Foundation of New York to support research and training aimed at resolving community conflict and strengthening the foster care system in the U.S.  Release, Dec. 7.

Judge Kent A. Jordan, an adjunct professor of Vanderbilt University Law School, has been unanimously confirmed to the U.S. Court of Appeals for the Third Circuit, which hears appeals from the federal district courts of Delaware, New Jersey, Pennsylvania and the Virgin Islands.

James R. Smoot, dean of the University of Memphis School of Law, has taken a leave of absence from his post until the first of the year following the recent death of his wife.

Tennessee Supreme Court SCALES Project advances legal education for students, Memphis Daily News, Nov. 9.

The Vanderbilt Journal of Transnational Law ranked eighth among comparative and international law journals in the Washington & Lee Law Library's 2006 law journal ranking. The ranking is based on how often the publication is cited in other academic journals and court decisions and includes law journals published in the U.S. and the United Kingdom.  Release, Nov. 21.

ATTORNEY RESOURCES

Disciplinary actions: The Tennessee Supreme Court Board of Professional Responsibility disciplinary actions, including disbarments, suspensions and censure, as well as reinstatement, are chronicled here. A list of all attorneys suspended for failure to comply with Rule 21 and those who have been reinstated to date is provided by Tennessee Bar Association, here.

In Chattanooga, U.S. Magistrate Judge Bill Carter gives attorneys for murder defendant permission to study jury selection in the district, AP via Knox. News Sentinel, Nov. 29.  Hundreds of federal criminal court cases in the Eastern District of Tennessee could be in jeopardy if lawyers for an Atlanta man charged with kidnapping and killing a Buckhead restaurant owner discover that the grand jury selection process is unconstitutional, defense lawyer Bill Ortwein said. U.S. Magistrate Judge Bill Carter on Monday allowed lawyers for Rejon Taylor to seek information that should determine if demographics from all 21 counties in the district were represented on the panel. Times Free Press, Nov. 28. Earlier, Times Free Press, Nov. 14.

The Memphis law firm of Siskind Susser Bland PC has formed Visalaw International, the first worldwide alliance of immigration lawyers. Alliance members, which include firms in Argentina, Australia, Brazil, Canada, China, Germany, Italy, Japan, South Africa, the U.K. and the U.S., will help each other navigate complex immigration laws on behalf of clients.

Songwriters royalty forfeitures:  Friday, Dec. 15, was the deadline for filing with SoundExchange for digital royalties that are owed to thousands of songwriters, details here.  After the deadline, SoundExchange posted an announcement that it had created a reserve for further payments, on a first-come, first served basis. Nashville entertainment lawyer Bart HerbisonFred Wilhelms recently told Nashville Attorney that SoundExchange has not, in his view, tried hard enough to find songwriters who are about to forfeit sums large and small.  Wilhelms is a former AFTRA director of HR and benefits, who got into entertainment law about 15 years ago, moved to Nashville nine years ago, after Roy Orbison's widow hired him. Unpaid artists list, here. Related:  Songwriters win congressional support for taxing sale of song catalogs as capital gains, Tennessean, Dec. 11. Herbison sees royalties going unpaid, City Paper, Nov. 20. Tennessee artists stand to lose royalty moneys, Comm. Appeal, Dec. 13.

Board of Professional Responsibility opened nearly 1,000 new complaint files in fiscal year 2006, sees attorney discipline in good shape, annual report Nov. 30.  Primer on discipline of Attorneys in Tennessee, from Tennessee Bar Association and TBA YLD Director Stacey Shrader.

Attorney Client Privilege:  The Justice Department on Dec. 12 eased its tough legal tactics against scandal-tainted corporations, requiring prosecutors to get approval from Washington before seeking confidential information between firms and their lawyers. Law.com, Dec. 12. (At issue is a Justice Department policy that requires companies to waive the attorney-client privilege and release the results of internal investigations in order to be viewed as cooperative and qualify for more lenient punishment. The TBA has lobbied the Tennessee delegation in support of changes to the policy.)

On Dec. 1, new rules regarding e-discovery took effect. U.S. companies will need to keep track of all the e-mails, instant messages and other electronic documents, Wash. Post, Dec. 1. Related resource here.

Sarbanes-Oxley:  Retreat from Regulation? NY Times, Dec. 17.  SEC press release Dec. 13.  Relevant SBA correspondence to SEC, Sept. 14.

HIPAA:  Legal and regulatory changes may accelerate hospitals' assisting physicians groups in adoption of Electronic Medical Records technology, Wash. Post, Nov. 19.  WebMD cited as beneficiary:  Advance of health information technology is slowed by healthworkers' abuse of access and concerns for privacy, NY Times, Dec. 3.

IP:  Research, patents and commercialization — IBM and universities announce collaboration, NY Times, Dec. 14.

Judge Gil MerrittIraq's U.S.-designed Central Criminal Court system is failing under the burden of terrorism, NY Times, Dec. 17.  Mentioned:  Judge Gil Merritt provided an early warning regarding justice for those taken into custody. Report notes poor training of American lawyers who are pressed into service to defend Iraqis accused of terrorism.
http://www.nytimes.com/2006/12/17/world/middleeast/17justice.html

Report of Army deserter taken into custody in Gallatin includes information on legal defense of deserters, Tennessean, Dec. 15.

Clarksville man's injuries in Iraq underscore problems of contract employees getting workman's comp and other benefits from insurers who are incented to litigate claims, Times Free Press, Dec. 17.

Nashville law offices near last among 44 cities in women minority law partners, Tennessean, Nov. 28.  Lawyers Association for Women, Marion Griffin Chapter, Nashville.

International Paper Co.'s legal department awarded Adams and Reese LLP IP's Lighthouse Award for diversity efforts.  International Paper has signed "A Call to Action: Diversity in the Legal Profession." IP's Senior Vice President, General Counsel and Corporate Secretary Maura A. Smith said IP intends to foster diversity in the legal profession and to ensure law firms increase the number of women and minority attorneys hired, retained and promoted to partnership ranks. Memphis Daily News, Nov. 27.

Client feedback is increasingly important for law firms that are building brands and relationships, Nash. Bus. Journal, p. 23, Nov. 17. Local firms mentioned include Bass; Boult; Baker.  Smaller law firms increasingly interested in networks of international firms; firms mentioned include Baker; Boult. p. 24, Nash. Bus. Journal, Nov. 17.

Books:  Habeas Corpus in the age of permanent terrorism. Reviews by Zakaria, NY Times, Dec. 17.

Prison-reform activist Harmon Wray presses case for politically independent parole boards, alternatives to incarceration, skills for coping in society, means of making restitution to victims, Tennessean, Dec. 2.