The 6th Annual Law Conference for Tennessee Practitioners: Materials Only

Overview
Speakers
Agenda

2012 Law Conference for Tennessee Practitioners: Materials Only

Held in Knoxville: October 25-26, 2012

Held in Nashville: November 1-2, 2012

Judges and prominent attorneys gave practice tips, insider information on “hot button” issues, and information attorneys need to stay up-to-date on important legal developments at this two-day event coming to both Knoxville and Nashville.

Knoxville Highlights:

New “loser pays” legislation
Requesting social media discovery
Amended child custody statute
Tort and insurance law update
Uninsured/underinsured motorist
Family law update
Workers’ compensation update
Estate planning/trusts/probate
Technology trends
Use of contempt
Changing technology and the attorney-client privilege
Accepting, declining and terminating legal representation
Judgment Collection Techniques
Standards of appellate review
Rule 9 changes

Knoxville Speakers:

Judge John McClarty, Tennessee Court of Appeals, Eastern Section
Chancellor Thomas R. Frierson III, Chancery Court, Third Judicial District (Greene, Hamblen, Hancock, and Hawkins counties)
Judge Bill Swann, Circuit Court, Sixth Judicial District (Knox County)
Judge Thomas J. Wright, Circuit Court, Third Judicial District (Greene, Hamblen, Hancock, and Hawkins counties)
Fred Baker, Wimberly Lawson Wright Daves & Jones, Cookeville
Frederick L. Conrad, Jr., Knoxville attorney
Daniel D. Coughlin, Massengill, Caldwell, & Coughlin P.C., Bristol
Sandy Garrett, Board of Professional Responsibility
Howard Jarvis, Woolf, McClane, Bright, Allen & Carpenter, PLLC, Knoxville
Anne McKinney, Anne M. McKinney, PC, Knoxville
Carol Mutter, Adjunct Professor, UT College of Law
Robert E. Pryor Jr., Pryor, Flynn, Priest & Harber, Knoxville
Clinton Paul Sanko, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Chattanooga
Kevin Shepherd, Maryville attorney
Charles (Chuck) Young, corporate counsel, B&W Technical Services Y-12 LLC, Oak Ridge

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Nashville Highlights:

New “loser pays” legislation
Requesting social media discovery
Conservatorships
Subrogation issues
Administrative procedure
Tort law update
Limited liability companies
Family law update
Workers’ comp update
Common probate roadblocks
Judicial Settlement Conferences
Effective appellate practice
Medical liens and ethical considerations
Rule 9 changes
Stress in the legal profession

Nashville Speakers:

Judge Andy Bennett, Tennessee Court of Appeals, Middle Section
Judge Ross Hicks, Circuit Court, 19th Judicial District (Montgomery and Robertson counties)
Judge John Maddux, Circuit Court, 13th Judicial District (Clay, Cumberland, DeKalb, Overton, Pickett, Putnam, and White counties)
Chancellor Carol McCoy, Chancery Court, 20th Judicial District (Davidson County)
Fred Baker, Wimberly Lawson Wright Daves & Jones, PLLC, Cookeville
Rebecca Blair, The Blair Law Firm, Brentwood
Grayson Smith Cannon, Cannon & Cannon, Attorneys, PC, Goodlettsville
Donald Capparella, Dodson, Parker, Behm & Capparella, PC, Nashville
Harlan Dodson, Dodson, Parker, Behm & Capparella, PC, Nashville
Sandy Garrett, Board of Professional Responsibility
Bryan Moseley, Moseley & Moseley, Murfreesboro
Clinton Sanko, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Chattanooga
Virginia Story, Story & Abernathy, Franklin
Bill Walton, Butler, Snow, O’Mara, Stevens & Cannada, PLLC, Nashville

Your Faculty

Knoxville:

Judge John McClarty was appointed to the Eastern Section of the Tennessee Court of Appeals in January 2009 and elected in August 2010. He was involved in over 5,000 civil and criminal cases during his 32 years of practicing law.

Chancellor Thomas R. (Skip) Frierson II of Morristown serves on the Chancery Court for the Third Judicial District (Greene, Hamblen, Hancock, and Hawkins counties). He was appointed to the bench in March 1996, elected in August 1996 and re-elected in 1998 and 2006.

Judge Bill Swann was elected to the Fourth Circuit Court in Knox County in 1982 and re-elected in 1990, 1998, and 2006. Before being elected to the bench, he practiced with Kramer Rayson, and then with Hogin, Guyton, Swann & London. He taught German at Brown and Yale Universities before entering law school.

Judge Thomas S. Wright has served the Third Judicial District – which consists of Greene, Hamblen, Hancock, and Hawkins counties – as a circuit court judge since his election in 2006. Prior to his election as circuit judge, he served as the general sessions and juvenile judge for Greene County, having been elected to that position in 1998.

Fred Baker is a member in the Cookeville office of Wimberly Lawson Wright Daves & Jones, PLLC, which he joined in 2001. His practice includes an emphasis in workers’ compensation and employment discrimination, as well as ADA and FMLA compliance. He is the editor of the Tennessee Workers’ Compensation Handbook, 4th Edition.

Conrad Frederick R. Conrad Jr. is an attorney in Knoxville, where he practices in the areas of collections, commercial law, and litigation. He is a certified specialist in creditors’ rights by the Commercial Law League of America and the Tennessee Commission on Continuing Legal Education and Specialization.

Daniel D. Coughlin, is a member of Massengill, Caldwell & Coughlin, PC. His areas of practice include insurance defense, civil practice, torts, probate, workers’ compensation, and appellate practice. He is a past president of the Bristol Tennessee Bar Association.

Sandy Garrett is Deputy Chief Disciplinary Counsel – Litigation for the Board of Professional Responsibility of the Tennessee Supreme Court and has been with the Board of Professional Responsibility since October 1992.

Howard E. Jarvis is a member of Woolf, McClane, Bright, Allen & Carpenter, and his primary areas of practice include toxic tort, environmental, product liability and insurance defense litigation. Mr. Jarvis is a frequent speaker on the topics of toxic torts, trial practice, and ethics.

Anne McKinney has over 30 years of legal and tax experience. She practices in the areas of probate, trusts, and wills, nonprofit and charitable organizations, taxation, business formation, and planning. She is a Fellow in the American College of Trust and Estate Council.

Carol Mutter is an Adjunct Professor at the University of Tennessee College of Law, where she has taught a variety of subjects at the law school, including Torts, Contracts, Civil Procedure, Remedies, Insurance Law, and Health Law.

Robert E. (Robbie) Pryor, Jr., is a partner in the Knoxville law firm of Pryor, Flynn, Priest & Harber, focusing on injury litigation consisting of medical malpractice, product liability, personal injury, consumer litigation, and general accident litigation.

Clinton Sanko is a member of Baker, Donelson, Bearman, Caldwell & Berkowitz’s Chattanooga office. He represents local, regional and national clients in complex business litigation. He works with clients to prepare for possible litigation by proactively addressing e-discovery and other technology concerns. A key leader on the firm's internal e-discovery team, he has been instrumental in developing internal e-discovery training programs, as well as several internal e-discovery initiatives.

Kevin Shepherd has more than 20 years of experience and is currently in solo practice with an office located in Maryville. He practices in the areas of family law and divorce, personal injury, criminal defense, appellate practice, and general practice. He is a Tennessee Supreme Court Rule 31 family law mediator.

Charles (Chuck) Young, is an in-house attorney for Babcock & Wilcox Technical Services Y-12, LLC in Oak Ridge after serving eight years as a litigator with Kramer Rayson LLP in Knoxville. He has represented individuals and businesses in complex litigation involving a broad range of issues and industries. He speaks and publishes frequently on litigation and technology issues.

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Nashville:

Judge Andy Bennett was appointed to the Middle Section of the Court of Appeals in September 2007 and elected in 2008. He served as an assistant attorney general, deputy attorney general for legislative affairs, and associate chief deputy before being named chief deputy attorney general in 1997.

Judge Ross Hicks serves on the Circuit Court for the 19th Judicial District (Montgomery and Robertson counties). He was appointed to the bench in February 2002 and elected in August 2002 and in 2010.

Judge John J. Maddux of Cookeville serves on the Circuit Court for the 13th Judicial District (Clay, Cumberland, DeKalb, Overton, Pickett, Putnam, and White counties).

Chancellor Carol McCoy was elected to Part II of the Chancery Court of Davidson County in 1996. She was president of the Tennessee Judicial Conference from 2009 to 2010. She was a partner in the firm of Davies, Cantrell, Humphreys and McCoy for 14 years. From 1975 to 1982, she was a partner in the firm of Farrell and McCoy.

Rebecca Blair, of the Blair Law Firm, focuses her practice on cases arising from medical malpractice, automobile accidents, sexual assault, and other acts causing personal injury. She represents patients who have been injured or clients whose loved ones have lost their lives as a result of a healthcare provider’s failure to prevent, diagnose and/or properly treat numerous medical conditions and illnesses.

Grayson Smith Cannon is a shareholder in the Goodlettsville firm of Cannon & Cannon Attorneys, P.C., where her main areas of practice are social security, domestic relations law, family law and probate. She has previously lectured before attorneys and the public on social security issues, wills and estates and probate.

Donald Capparella is a member of Dodson, Parker, Behm & Capparella PC, Half of his practices involves cases of all types in the state and federal appellate courts. The other half involves trials in a wide variety of civil cases. He is Editor of the Tennessee Tort Law Letter.

Harlan Dodson, of Dodson, Parker, Behm & Capparella, PC, focuses his practice on work for individuals, corporations, and their businesses, including general business advice. He is the author of Introduction to Estate Planning and Administration in Tennessee, which he updates annually.

Attorney J. Bryan Moseley is a partner in the law firm of Moseley & Moseley, where his main areas of practice are premises liability, and civil litigation. Mr. Moseley is a frequent speaker on personal injury and subrogation topics for the National Business Institute. Mr. Moseley is a member of the Nashville Bar Association, Tennessee Bar Association, and the American Association for Justice. He is also a member of the International Code Council and the ASTM International.

Clinton Sanko is a member of Baker, Donelson, Bearman, Caldwell & Berkowitz’s Chattanooga office. He represents local, regional and national clients in complex business litigation. He works with clients to prepare for possible litigation by proactively addressing e-discovery and other technology concerns. A key leader on the firm's internal e-discovery team, he has been instrumental in developing internal e-discovery training programs, as well as several internal e-discovery initiatives.

Virginia Lee Story, with Story and Abernathy, focuses her practice in the areas of family law. She established a law practice in Franklin in 1985, immediately after her graduation from the Nashville School of Law and practices primarily in Williamson County. She has been a Rule 31 Listed Family Mediator since 2001.

Bill Walton is a member of Butler, Snow, O’Mara, Stevens & Cannada in Nashville. He focuses his practice in the areas of insurance law, professional liability defense, product liability law, personal injury litigation, business disputes, and labor and employment law. He has been named in The Best Lawyers in America® in the area of Personal Injury Litigation (Defendants) every year since 2009.

2012 Law Conference for Tennessee Practitioners: Knoxville Agenda

Day One (Thursday, October 25):

8:00 a.m. to 9:15 a.m.: Recent Developments in Tort and Insurance Law
Carol Mutter

Professor Mutter will get you up to date on the recent developments in tort and insurance law from the Tennessee appellate courts.

9:15 a.m. to 9:30 a.m.: Break

9:30 a.m. to 10:30 a.m.: Standards of Appellate Review
Judge John McClarty

What is the meaning?
What purpose does the standard of review serve?
Requirement for listing applicable standard of review in appellant’s brief
Identifying the standard of review

10:30 a.m. to 11:30 a.m.: Workers’ Comp Update
Fred Baker

When is a claim barred by the willful misconduct defense and/or the defense of willful failure to use a safety device? Is the Request for Assistance process constitutional? Mr. Baker reviews the latest decisions from the Tennessee Supreme Court and workers’ compensation appeals panels. He will also review legislation passed in 2012.

11:30 a.m. to 12:45 p.m.: Lunch (on your own)

12:45 p.m. to 1:45 p.m.: Practical Tips on How to Request Social Media Discovery
Clinton Sanko

Mr. Sanko will explore the impact of social media on discovery, including practical tips on how to request social media discovery to avoid or deal with privacy objections. He will look at it from the view of the adversary, social media providers, the owner and the court, focusing on the impact on each group, the consequences and its potential to be a trial disruption.

1:45 p.m. to 2:45 p.m.: Judgment Collection Techniques
Frederick L. Conrad, Jr.

How to discover assets
Executions, bank levies, and garnishments
Use of judgment liens
Collecting unsecured credit
Collecting from legal entities

2:45 p.m. to 3:00 p.m.: Break

3:00 p.m. to 4:15 p.m.: Hot Topics in Civil Proceedings
Robert E. Pryor Jr.

“Loser pays” legislation
Developments in medical malpractice
Discovery issues

4:15 p.m. to 5:15 p.m.: Trusts, Estate Planning & Probate Update
Anne McKinney

Ms. McKinney guides you through estate planning tips you need to know. This fast-paced and entertaining presentation will get you up to date on the latest developments and trends on the use of trusts and other estate planning strategies, recent probate developments and techniques to avoid the probate process entirely.

Day Two (Friday, October, 26):

ETHICS PORTION OF PROGRAM

8:00 a.m. to 9:00 a.m.: Ethical Considerations for Accepting, Declining, or Terminating Legal Representation
Chancellor Thomas Frierson

Accepting representation
Withdrawal: Mandatory and optional
Discharge of counsel
Assisting the client upon termination
Attorney’s liens

9:00 a.m. to 10:00 a.m.: Ethical Concerns Facing Attorneys Today
Sandy Garrett

Get insight from the Board of Professional Responsibility on recent developments, including new Rule 9 changes and changes to the payment of the annual fees. Ms. Garrett will also review recent disciplinary decisions rendered by the Board.

10:00 a.m. to 10:15 a.m.: Break

10:15 a.m. to 11:15 a.m.: Ethics and Professionalism: Changing Technology and the Attorney-Client Privilege
Howard Jarvis

How changing technology brings ethical dilemmas
Defining the “reasonable expectation of confidentiality” in light of the ease of intercepting wireless communications
What the courts say regarding privilege and wireless communications
Inadvertent disclosures

11:15 a.m. to 12:15 p.m.: Use of Contempt
Judge Thomas Wright

Direct v. indirect
Civil v. criminal
Procedure
Sanctions
Practice

12:15 p.m. to 1:30 p.m.: Lunch (on your own)

1:30 p.m. to 2:15 p.m.: Handling Uninsured and Underinsured Motorist Claims
Dan Coughlin

Uninsured motorist v. underinsured motorist
Which policy applies?
Service of process
UM carrier’s subrogation interest

2:15 p.m. to 3:15 p.m.: Technology Trends and Social Media
Chuck Young

What's new with Facebook, LinkedIn, Twitter, blogs
Social media and juries
Discovery of social media in litigation
Employment issues
Privacy developments

3:15 p.m. to 3:30 p.m.: Break

3:30 p.m. to 4:30 p.m.: The Revised Custody Statute
Judge Bill Swann

In 2011, the Tennessee legislature revised TCA 36-6-101(a) to state that in taking into account the child’s best interest, the court “shall order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child” consistent with the factors set out in the statute, the location of the residences of the parents, the child’s need for stability and all other relevant factors. Get insight from Judge Swann as to what the 2011 amendment means in deciding child custody disputes.

4:30 p.m. to 5:15 p.m.: Family Law Update
Kevin Shepherd

What has been the impact of the Gonsewski ruling on awarding alimony in futuro in Tennessee? Mr. Shepherd gets you up to date on the latest developments in the family law area.

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