2014 Law Conference for Tennessee Practitioners: Materials Only
Held in Nashville: November 13-14, 2014 - If you missed this live event, the materials are now available!
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.
- Changes to workers’ compensation law applicable to injuries on or after July 1, 2014
- HIPAA compliance and attorneys
- Recent developments in medical malpractice
- Technology and the "cloud"
- Business entity laws
- Family law highlights
- Will drafting
- Federal Telephone Consumer Protection Act
- VA benefit
- Tennessee Administrative Procedures Act
- The appellate process
- Pretrial motion practice
- Update from the Board of Professional Responsibility
- Avoiding e-discovery pitfalls
- Professionalism in the practice of law
Order the materials from this in-depth event and enhance your professional skill set. You'll get the latest on these topics:
- Workers’ compensation. Get an overview of the changes to the workers’ compensation law for injuries occurring on or after July 1, 2014, as well as how claims will be decided by the claims courts.
- HIPAA compliance. Learn about compliance issues for attorneys subject to HIPAA.
- Medical malpractice. Learn about the latest developments in medical malpractice, including how the appellate courts have ruled on compliance with the pre-suit notice and certificate of good faith requirements.
- Cloud computing. Learn how to embrace your inner digital lawyer and get up to date on issues such as mobile computing, file management, and the risks of “going mobile.”
- Business entity laws. Learn what every litigator needs to know about business entity laws in Tennessee.
- Family law. Get highlights on the latest developments in the family law area.
- Will drafting. Get a checklist for provisions to be included in a will today.
- Telephone Consumer Protection Act. Learn about the recent changes to the rules on computer calls.
- VA benefit. Learn how to use a little-known benefit to aid your clients.
- Administrative law. Get an overview of the administrative process in Tennessee from an experienced chancellor.
- Appellate process. Learn the ins and outs of standards of review and the scope of appellate practice from an appellate court judge.
- Pretrial motion practice. Get practice pointers from an experienced chancellor on oral and written skills to use in filing and presenting various pretrial motions.
- Board of Professional Responsibility. Get an insider’s perspective from the Chief Disciplinary Counsel on the Board’s recent developments, including amendments to Supreme Court rules and trust account issues.
- E-discovery. Learn how to avoid e-discovery ethical pitfalls and how to handle social media, e-mail, video, and other electronically stored information.
- Professionalism in the practice of law. Gain insight from a former trial judge and now senior judge on displaying professionalism in the practice of law.
- Judge John McClarty, Court of Appeals, Eastern Section
- Judge Don R. Ash, Senior Judge, Tennessee Senior Judge Program
- Chancellor Ellen Hobbs Lyle, Chancery Court, Davidson County
- Chancellor Carol McCoy, Chancery Court, Davidson County
- Fred Baker, Wimberly Lawson Wright Daves & Jones PLLC
- Harlan Dodson, Dodson Parker Behm and Capparella PC
- Sandy Garrett, Chief Disciplinary Counsel, Board of Professional Responsibility
- Randy L. Kinnard, Kinnard, Clayton & Beveridge
- Kevin Levine, DeSalvo & Levine PLLC
- Helen S. Rogers, Rogers, Kamm & Shea
- Lucas R. Smith, Bass, Berry & Sims PLC
- Richard Spore, Bass, Berry & Sims PLC
- Elizabeth Warren, Bass, Berry & Sims PLC
- John Watts, Watts & Herring, LLC
Judge Don Ash is currently a senior judge in the Tennessee Senior Judge Program. Judge Ash served the 16th Judicial District Court, which includes Rutherford and Cannon counties, for 18 years. He was appointed to the bench in 1994 and stepped down on September 1, 2012, to take senior judge status. Senior judges are appointed by the Tennessee Supreme Court and may be assigned on a temporary basis to hear cases in any state court. Judge Ash has also authored over 30 appellate opinions while sitting as a Substitute Judge for the Tennessee Court of Appeals. He has taught Civil Procedure at the Nashville School of Law since 2009. Judge Ash received his bachelor’s degree from Middle Tennessee State University, his law degree from the University of Memphis and a Master of Judicial Studies degree from the University of Nevada, Reno. He is a past president of the Tennessee Judicial Conference. In 1998, he was appointed by the Tennessee Supreme Court to the Tennessee Court of the Judiciary which oversees judicial conduct for all Tennessee judges, and served as presiding judge in 2007 through 2011. He is an alumnus of the National Judicial College and joined its faculty in 2001 regularly teaching courses involving judicial ethics, self-represented litigants, divorce law, and the operation of Drug Courts. Judge Ash is the author of “A Bridge over Troubled Water: Changing the Custody Law in Tennessee,” University of Memphis Law Review, which became the catalyst for the change of numerous domestic relations laws. He also co-authored Children of Divorce: A Practical Guide for Parents, Therapists, Attorneys, and Judges, Bernet and Ash, Kreiger Publishing, 2007.
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 on workers’ compensation and employment discrimination, as well as ADA and FMLA compliance. He is the author of the Tennessee Workers’ Compensation Handbook, published by M. Lee Smith Publishers, a division of BLR®. He is also on the Advisory Board for the Tennessee Workers’ Comp Reporter. Mr. Baker is Legislative Co-Chair of the Upper Cumberland Society of Human Resource Management. He is a member of the Mid-South Workers’ Compensation Association. He was selected as a Rising Star in 2012, 2013, and 2014 by Super Lawyers®. He received his Bachelor of Arts degree in Philosophy, summa cum laude, from Transylvania University and his law degree, magna cum laude, from the University of Tennessee.
Harlan Dodson, of Dodson Parker Behm and Capparella PC in Nashville, has been helping people and businesses solve problems and plan for the future for more than 40 years. Clients seeking general business advice, estate planning services, or representation in litigation count on his vast experience and track record of getting the job done. Mr. Dodson provides hands-on guidance for his clients, whether working with them to launch a business, structure a complex real estate deal, or draft a will. Upon graduation from Vanderbilt University, he joined his father’s firm, Hooker, Keeble, Dodson & Harris. In 1985, he founded Dodson & Associates, and the firm merged with Shipley & Behm in 1988. He is a frequent speaker and writer on business entities, and especially limited liability companies, as well as on wills and estate planning. He has taught Estate Planning at the Nashville School of Law since 1975, where he was presented with the Distinguished Faculty Award in 2007. He has also served as Adjunct Professor of Law at Vanderbilt University. He is the editor to the West Publishing Company’s Tennessee Practice Series volumes on business formation and estate planning. Additionally, he continues to be a lecturer for the bar review company BAR-BRI on wills and estates, which means that virtually every applicant to the Tennessee bar for more than two decades has relied upon his knowledge. He is the author of Introduction to Estate Planning and Administration in Tennessee, the definitive textbook on the subject matter and an indispensable source of reference for attorneys throughout the state.
Sandy Garrett is Chief Disciplinary Counsel for the Board of Professional Responsibility of the Tennessee Supreme Court and has been with the Board of Professional Responsibility since October 1992. She earned her J.D. degree from Vanderbilt University. She is the former Chair of the Tennessee Bar Association Young Lawyers Ethics Committee and Co-Chair of the American Bar Association Young Lawyers Section Ethics Committee. Ms. Garrett has been instrumental in developing and implementing the Board of Professional Responsibility’s diversion program.
Randy Kinnard, of Kinnard, Clayton & Beveridge in Nashville, won a $22 million jury verdict in Chattanooga in 2010 for a lady who became paralyzed as a result of medical malpractice. He was inducted into the Inner Circle of Advocates in August 2010. He was voted the lawyer they would most want to represent them in a medical malpractice case by Middle Tennessee lawyers, said Business Nashville, December 1999. Best Lawyers named him “Personal Injury Lawyer of the Year” for 2013 in Nashville. Mr. Kinnard is certified as a Civil Trial Specialist by the National Board of Trial Advocacy and by the Tennessee Commission on Continuing Legal Education & Specialization. He is also a Certified Medical Malpractice Specialist. He has tried over 250 jury trials and won many record-setting verdicts for his clients in over 30 years of practice. Before entering law school, he attended West Point and served in the 173rd Airborne Brigade in Vietnam as a Lieutenant, airborne ranger. He was awarded the Vietnamese Cross of Gallantry, the Bronze Star for Valor, Purple Heart, and Air Medal for 28 air assaults in combat during his two tours in Vietnam.
L. Kevin Levine, with DeSalvo & Levine in Nashville, is a native of Huntington, West Virginia. He engages in a practice concentrated in entertainment, copyright, and trademark law. He graduated magna cum laude with a B.B.A. degree in Marketing from Marshall University in 1993 and also received his M.B.A. degree from Marshall University in 1996. Between his undergraduate studies and law school, Mr. Levine spent several years as a member of the West Virginia, Kentucky, and Ohio business communities. He then attended the West Virginia University College of Law, from which he received his J.D. degree in May of 2002. Mr. Levine also holds a Specialist Certificate in Music Business from the Berklee College of Music extension school. While in law school, he was a published member of the West Virginia Law Review, for which he also served as Executive Research Editor from Fall 2001 through Spring 2002. While attending the West Virginia University College of Law, Mr. Levine was a teaching assistant for the school’s Legal Research and Writing Department and was the first-place winner of the ASCAP Nathan Burkan Memorial Writing Competition for his piece titled The Audio Home Recording Act of 1992. He is licensed to practice law in both Tennessee and West Virginia. He is a member of Defense Trial Counsel of West Virginia and is recognized by the West Virginia State Bar as a trained mediator. Before the formation of DeSalvo & Levine PLLC, Mr. Levine chaired the entertainment practice group at Kay Casto & Chaney PLLC. Prior to law school, Mr. Levine served as Director of Sales and Marketing for The Pied Piper, Inc., which in 1991 was ranked the third largest full line retail music store by Music Trades magazine. Mr. Levine has been an active musician (drums and percussion) for many years and is a member of Nashville Songwriters Association International (NSAI); the Chapter Coordinator of the Charleston, West Virginia NSAI Chapter; and an ASCAP-affiliated songwriter. Mr. Levine is also the Executive Creative Director of Blue 11® Music Publishing, LLC. Additionally, Mr. Levine is a member of the Aircraft Owners and Pilots Association.
Chancellor Ellen Hobbs Lyle was appointed to Part III of the Chancery Court of Davidson County in 1996. She was elected Part III chancellor in 1998 and re-elected in 2006. Chancellor Lyle began her legal career at the Texas law firm of Watergate prosecutor Leon Jaworski. She returned to practice law in Nashville where she became a partner in the law firm of Trabue, Sturdivant & DeWitt in 1984. She is married to Walter Kurtz, a former senior judge for the State of Tennessee.
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.
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. He previously served as Hamilton County Juvenile Court Referee and as Special Judge, Chattanooga City Court, Hamilton County Juvenile Court, and Hamilton County General Sessions Court.
Helen S. Rogers, with Rogers, Kamm & Shea in Nashville, has practiced law for over 30 years and has tried or mediated some of the most complex and hotly contested divorces in Nashville and Middle Tennessee. Her practice is chiefly devoted to divorce and family law, along with estate planning and probate. She is qualified by the Tennessee Supreme Court as a Rule 31 mediator and by the National Board of Trial Advocacy as a Certified Civil Trial Specialist. She has also argued more than 60 cases before state and federal appellate courts, including a reported decision on interstate child custody that now stands as the law of the land in Tennessee.
Lucas R. Smith, a member of Bass, Berry & Sims PLC in Nashville, represents companies across the nation in complex litigation and antitrust compliance. He provides antitrust counseling and analysis in proposed mergers and acquisitions, including Hart-Scott Rodino Act (HSR) pre-merger filing notifications. Other clients, primarily healthcare companies, have benefited from Mr. Smith’s knowledge of industry-specific antitrust issues, including clinical integration, accountable care organizations, payor/provider negotiations, and healthcare joint ventures. He also has defended public and private companies involved in antitrust class action lawsuits, ranging from allegations of price fixing to fraud. His commercial litigation experience includes defending clients accused of False Claims Act violations and breach of contract. He also has experience leading major electronic discovery projects in complex litigation.
Richard Spore, a member of Bass, Berry & Sims PLC in Memphis, has advised hundreds of real estate investors and other capitalists on how to best reach their business objectives through three primary areas: commercial real estate and lending, business and transaction planning, and business divorce. In over 25 years of practice, Mr. Spore has represented private investors, publically traded REITs and institutional lenders in commercial real estate projects across the nation. He has been at the center of numerous high profile transactions in Memphis, including landmark buildings and projects such as International Place, Crescent Centre, Clark Tower, Overton Square and Sears Crosstown. Mr. Spore has taught business law and business planning to undergraduate and graduate business students and to law students. He has taught dozens of classes and seminars to lawyers, business executives and commercial real estate professionals and has published award-winning articles in regional and national publications. His third book, The Guide to Business Divorce, was published by the American Bar Association in 2012. He also chaired the committees that adopted Tennessee’s current laws in the areas of limited liability companies and general partnership entities. He has been actively involved in firm management having served on the firm’s executive committee and recently been named as the managing partner of the firm’s Memphis office. He has also served on several nonprofit boards, including a two-year term as President of the Board of Directors of Memphis Botanic Gardens, where he helped lead the Board during the MBG’s construction of a world class $6,000,000+ Children’s Garden.
Elizabeth S. Warren, of Bass, Berry & Sims PLC in Nashville, counsels providers, health plans, and business associates on the requirements of the HIPAA privacy and security rules, as well as state and other requirements related to the confidentiality and security of health-related information, responding to data breaches and preventing identity theft. Ms. Warren focuses her practice exclusively on healthcare law. She counsels healthcare providers and other healthcare industry clients on the changing regulatory landscape within the healthcare industry.
John Watts, of Watts & Herring, LLC, in Birmingham, Alabama, helps Veterans qualify for service and non-service-related benefits (Aid and Attendance) as well as seniors to qualify for Alabama Medicaid without losing all of their assets. He has extensive experience in litigating and trying personal injury and wrongful death cases but primarily represents consumers against abusive debt collectors and helps families figure out the best approach to long-term care. He does this with VA benefits, Alabama Medicaid, and other strategies. He has a great interest in learning the most effective ways to market and taking action on what he learns. Most importantly, he is a Christian and enjoys teaching in one-on-one settings as well as speaking to groups about biblical subjects.
2014 Law Conference for Tennessee Practitioners - Materials Only: Full Agenda
November 13 (Day 1):
8:00 a.m. to 9:00 a.m.: Will Drafting: Planning Opportunities & Challenges in 2014 and Beyond
Harlan Dodson, Dodson, Parker, Behm & Capparella, PC
Mr. Dodson offered tips and strategies for drafting wills in 2014 and beyond.
- Special provisions for wills and trusts
- Planning for flexibility
- Portability of the federal exemptions
- Key federal tax provisions
- Checklist for provisions in a will today
9:00 a.m. to 10:00 a.m.: HIPAA and Attorneys: What Lawyers Must Do to Comply
Elizabeth Warren, Bass, Berry & Sims PLC
- Overview of HIPAA and HITECH Act
- Compliance issues for attorneys subject to HIPAA
- Consequences of non-compliance
- Practical tips
10:15 a.m. to 11:15 a.m.: Cloud Computing: Get Your Head in the Cloud
Kevin Levine, DeSalvo & Levine, PLLC
Technology and “the cloud” pervade the practice of law today, whether you like (and embrace) it or not. Use email in your practice? Then you’re already in the cloud. And email is just the tip of the cloud. Learn about the most common cloud technologies serving lawyers – and why it’s imperative that lawyers understand these technologies, how they work, and how they can best serve your practice and your clients. Learn how to embrace your inner digital lawyer and get up-to-date on issues such as mobile computing, file management, and the risks of “going mobile.” Mr. Levine discussed:
- How to develop a mobile law practice
- Creating an effective mobile workflow
- Risks associated with going mobile
- Hardware and applications to promote efficiency and protect data
11:15 a.m. to 12:15 p.m.: The Appellate Process
Judge John McClarty, Court of Appeals, Eastern Section
Judge McClarty explained the standards of review and discuss the scope of appellate practice.
1:30 p.m. to 2:45 p.m.: Family Law Highlights
Helen Rogers; Rogers, Rogers, Kamm & Shea
Ms. Rogers got everyone up to date on the latest highlights in the family law area.
3:00 p.m. to 4:15 p.m.: Tennessee Workers’ Comp Reform Update
Fred Baker, Wimberly Lawson Wright Daves & Jones PLLC
- Definition of injury
- Impairment rating and permanent partial disability
- Administrative system and personnel
- Physician panels
- Medical advisory committee
4:15 p.m. to 5:15 p.m.: Administrative Hearings and Beyond
Chancellor Carol McCoy, Davidson County Chancery Court
- Judicial review under UAPA
- Payment of expenses and attorney fees
- Most persuasive arguments
November 14 (Day 2):
8:00 a.m. to 9:00 a.m.: E-Discovery: Ethical Pitfalls to Avoid
Lucas R. Smith, Bass, Berry & Sims PLC
- Avoiding e-discovery pitfalls
- Handling social media, e-mail, video, and other electronically stored information
9:00 a.m. to 10:00 a.m.: Current Developments from the Board of Professional Responsibility
Sandy Garrett, Chief Disciplinary Counsel, Board of Professional Responsibility
- Amendments to Supreme Court rules
- Formal Ethics Opinion 2014-F-158 -- Can a lawyer who represented a testator refuse to honor a court order or subpoena to disclose, prior to the client’s death, a will or other testamentary document executed when the testator was competent on the basis that the document is protected against disclosure by the attorney-client privilege or confidentiality?
- Recent Supreme Court disciplinary decisions and other discipline, including court rules and trust account issues
10:15 a.m. to 11:15 a.m.: Professionalism in the Practice of Law
Judge Don Ash, Senior Judge, Tennessee Senior Judge Program
Judge Ash shared insights about the responsibility of attorneys to display professionalism in the practice of law – both in and outside the courtroom.
11:15 a.m. to 12:15 p.m.: Business Entity Laws in Tennessee: What Every Litigator Must Know
Richard Spore, Bass, Berry & Sims PLC
- Different types of organization documents required for different kinds of business entities
- Which agreements among business owners must be in writing
- Which provisions of the business entity acts cannot be waived by agreement
- What happens when a business entity party to litigation has been dissolved
- Personal liability of business owners
- Common law veil-piercing
- Fiduciary duties of owners and managers under business entity acts
1:30 p.m. to 2:30 p.m.: Recent Developments in Medical Malpractice
Randy L. Kinnard, Kinnard, Clayton & Beveridge
Mr. Kinnard reviewed recent developments in medical malpractice, including recent appellate court decisions on compliance with pre-suit notice and certificate of good faith requirements.
2:30 p.m. to 3:15 p.m.: Telephone Consumer Protection Act: New Rules on Computer Calls
John Watts, Watts & Herring, LLC
- What does the Telephone Consumer Protection Act (TCPA) prohibit?
- TCPA requirements for calls to a cell phone
- What are the possible damages?
- What if the call comes from an Automatic Telephone Dialing System (ATDS)?
- Prior express consent of the called party
- Revocation of permission or consent
- 2012 amendments
3:15 p.m. to 4:00 p.m.: VA Pension: How to Use a Little-Known Benefit to Aid Your Clients
John Watts, Watts & Herring, LLC
- What is the benefit?
- The three key requirements
- Change in the law
- How the VA pension differs from state Medicaid
- Add this to your practice
4:15 p.m. to 5:15 p.m.: Pretrial Motion Practice
Chancellor Ellen Hobbs Lyle, Davidson County Chancery Court
- Motions to dismiss
- Motions for summary judgment
- Motions to amend
- Practice pointers on oral and written skills needed to file and present various pretrial motions