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2013 Law Conference for Tennessee Practitioners: Materials

2013 Law Conference for Tennessee Practitioners: Materials Only

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2013 Law Conference for Tennessee Practitioners: Materials Only

Held in Nashville, November 14-15, 2013

Judges and prominent attorneys presented practice tips, insider information on “hot button” issues, and information for attorneys to help you stay up to date on important legal developments. Missed it? Get your materials today!

Highlights Included:

  • 2013 trust law revisions
  • 2013 changes to conservatorship laws
  • Recent developments in medical malpractice
  • Subrogation issues
  • Social Security disability
  • Limited liability companies
  • Tort law update
  • Family law update
  • Real estate law update
  • Disqualification or recusal of a judge
  • Contempt powers
  • Extraordinary relief in chancery court
  • Lawyer advertising in a 4G world
  • Rule 9 changes
  • Accepting, declining, or terminating legal representation

 

 Speakers:

  • Judge Frank G. Clement, Court of Appeals, Middle Section
  • Judge Thomas R. Frierson, II, Court of Appeals, Eastern Section
  • Chancellor Ellen Hobbs Lyle, Chancery Court, Davidson County
  • Judge Timothy L. Easter, Circuit Court, 21st Judicial District (Hickman, Lewis, Perry, and Williamson counties)
  • Brandon E. Bass, The Law Offices of John Day PC
  • Rebecca C. Blair, The Blair Law Firm
  • Grayson Smith Cannon, Cannon & Cannon
  • Joshua R. Denton, Bass, Berry & Sims PLC
  • Harlan Dodson, Dodson Parker Behm and Capparella PC
  • Brian S. Faughnan, Thomason Hendrix Harvey Johnson & Mitchell, PLLC
  • Sandy Garrett, Chief Disciplinary Counsel, Board of Professional Responsibility
  • Randy L. Kinnard, Kinnard, Clayton & Beveridge
  • Hunter Mobley, Howard Mobley Hayes & Gontarek, PLLC
  • Jeff Mobley, Howard Mobley Hayes & Gontarek, PLLC
  • Bryan Moseley, Moseley & Moseley
  • Helen Sfikas Rogers, Rogers, Kamm & Shea

Order your materials today!

Your Faculty

BassBrandon Bass, of the Law Offices of John Day PC, focuses on helping people who have been badly injured or lost a loved one. His core practice areas include products liability, medical malpractice, and trucking lawsuits. He has experience in products liability lawsuits, including industrial machinery, pharmaceuticals, automotive and tractor-trailer defects, and defects in construction materials. Mr. Bass serves on the Board of Governors for the Tennessee Association for Justice, and is the organization’s Amicus Curiae Committee Chair. He is also a member of the American Association for Justice, serving on the Board of Governors of its New Lawyers Division, as well as the Tennessee and Nashville Bar Associations. He has been a member of the John Marshall American Inn of Court in Williamson County. He frequently writes on personal injury and wrongful death legal issues. In addition, Mr. Bass is Associate Editor of the Tennessee Trial Law Report – Tort Edition. The Trial Law Report is a monthly newsletter on tort law, evidence, civil procedure and trial in Tennessee. He was formerly Associate Editor of the Tennessee Tort Law Letter.

 


BlairRebecca Blair, founder of The Blair Law Firm in Brentwood, has developed an immensely diverse practice in 16 years. She has substantial experience in many aspects of civil litigation, including tort law, insurance coverage litigation, business litigation, and probate litigation. She is listed as a Rule 31 General Civil mediator. She was voted one of the Top 50 Women Lawyers in the Mid-South in 2012 by Mid-South Super Lawyers/Memphis Magazine. She was also elected to Best Lawyers in America® in 2012 for her work in Business Litigation. Ms. Blair has been elected by her peers as a Mid-South Super Lawyer in the area of Plaintiff's Personal Injury Litigation every year since 2009. She is a past president of the Tennessee Lawyers’ Association for Women, a past board member of the Nashville Bar Association and a past chair of the Bench Bar Committee of the Tennessee Judicial Conference.

 

 
CannonGrayson 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.

 

 

 

 
ClementJudge Frank G. Clement Jr. was appointed to the Middle Section of the Tennessee Court of Appeals in September 2003 by Governor Phil Bredesen. He was elected in August 2004 and re-elected two years later. Judge Clement began his legal career in 1979 as a private practice lawyer. In 1995, he was appointed judge of the Circuit and Probate Courts of the 20th Judicial District (Davidson County). He was elected judge of Division VII of the Circuit Probate Court in 1996. He held this position until 2003, when he was appointed to the Court of Appeals. From 1968 to 1974, Clement served in the Tennessee Air National Guard.

 

 

 DentonJoshua R. Denton is a member of the Bass, Berry & Sims’ Litigation Department in Nashville. He represents clients in complex commercial litigation involving business torts, breach of contract claims, intellectual property, real estate disputes, and land use planning and zoning matters. He routinely counsels churches on a variety of subjects, including real estate, church organizational and governance issues. He also handles complex e-discovery, antitrust and trade practices matters, and class action litigation. He has represented clients in jury and bench trials, appeals, arbitrations and mediations. In addition to serving on the firm’s Real Estate and Construction Industry Group leadership team, Mr. Denton has acted as Practice Leader for the firm’s Real Estate Litigation Group. He also has served as a speaker on real estate litigation, ethics, antitrust compliance and alternative dispute resolution. Prior to joining Bass, Berry & Sims, Mr. Denton practiced with Stoll, Keenon & Park, LLP in Louisville, Kentucky.

 

 

DodsonHarlan 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.

 

 EasterJudge Timothy L. Easter is a circuit judge for the 21st Judicial District (Hickman, Lewis, Perry, and Williamson counties). He has served in this position since 1998. He was re-elected without opposition in 2006. He began his career in 1989 as an Assistant District Attorney in the 21st Judicial District. He then worked at the firm of Rogers and Easter from 1994 until he joined the Circuit Court in 1998. He served as Vice President of the Tennessee Judicial Council, 2012-2013.

 

 

 FaughnanBrian S. Faughnan is special counsel with the Memphis firm Thomason Hendrix Harvey Johnson & Mitchell PLLC. His growing practice in the area of lawyer ethics and professional responsibility allows him the privilege of helping lawyers, law firms, and other businesses navigate the increasingly complex law of lawyering. Brian graduated from Rhodes College and received his J.D., magna cum laude, from the University of Memphis. He is a former law clerk to United States Magistrate Judge Diane K. Vescovo, and a former adjunct professor of law at the University of Memphis Law School. Brian is a member of the Association of Professional Responsibility Lawyers, as well as a member of the Memphis, American, and Tennessee Bar Associations. He is the former co-chair of the ABA Business Law Section’s “Firm Counsel Project,” and also serves as a member of the TBA Board of Governors.

 


FriersonJudge Thomas R. (Skip) Frierson II was appointed to the Eastern Section of the Tennessee Court of Appeals in February 2013 by Governor Bill Haslam. He began his career in 1983 as a private practice lawyer with the firm of Bacon, Dugger, Jesse, & Perkins. He worked in that position until 1990, when he became a judge of the Hamblen County General Sessions Court. He has also served on the Morristown Municipal Court. In 1996, he became Chancellor of the Third Judicial District (Greene, Hamblen, Hancock, and Hawkins counties). He served in that role until his appointment to the Tennessee Court of Appeals in 2013.

 

 

 GarrettSandy 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.

 

 

 

 

KinnardRandy 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.

 

LyleChancellor 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.

 

 

 
H. MobleyHunter R. Mobley, an attorney at Howard Mobley Hayes & Gontarek, PLLC in Nashville, concentrates his practice in the areas of estate planning, estate administration and charitable organization law. In addition to estate planning for individuals and families, Mr. Mobley advises churches, nonprofits and foundations in connection with tax planning, tax disputes and organizational governance. He enjoys speaking to groups of any size about wealth transfer taxes and estate planning. He is a member of American, Tennessee and Nashville Bar Associations; the Estate Planning Council of Middle Tennessee, and the Estate Planning and Probate Committees of Nashville Bar Association. He received his LL.M. in Taxation at the New York University School of Law and his J.D., magna cum laude, at the University of Kentucky College of Law.

 

 

J. MobleyJeff Mobley, a member of Howard Mobley Hayes & Gontarek, PLLC in Nashville, concentrates his practice in the areas of estate planning, tax planning for estates and trusts, business succession planning, prenuptial and postnuptial agreements, estate administration, resolution of disputes involving estates, and related real estate matters. Mr. Mobley is certified as an Estate Planning Specialist by the Tennessee Commission on Continuing Legal Education and Specialization. He is listed in the Best Lawyers in America® and Mid-South Super Lawyers. He is a Fellow in the American College of Trust and Estate Counsel. He has served as President of the Nashville Estate Planning Council and as Chair of the Probate Court Committee of the Nashville Bar Association. Mr. Mobley is a co-author of Pritchard on the Laws of Wills and Administration of Estates, a three-volume treatise on the laws pertaining to wills and probate in Tennessee. He is a frequent speaker to attorneys, estate planning professionals and laypersons concerning wills, trusts and related matters. He is licensed to practice in Tennessee and Kentucky.

 

MoseleyJ. Bryan Moseley is a partner in the Murfreesboro law firm of Moseley & Moseley, where his main areas of practice are civil litigation, premises liability, and consumer protection. Mr. Moseley is a frequent speaker on personal injury/auto injury topics for the National Business Institute. He earned his B.A. degree, cum laude, from Middle Tennessee State University and his J.D. degree, magna cum laude, from the University of Tennessee, Knoxville. Mr. Moseley is a member of the Nashville Bar Association and the Tennessee Association for Justice.

 

 

  RogersHelen 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.

 

 

 

2013 Law Conference for Tennessee Practitioners: Full Agenda (Materials Only)

Held on November 14 (Day 1):

8:00 a.m. to 9:00 a.m.
"The Revised LLC Act of 2011: Where We Stand Now"
Harlan Dodson, Dodson Parker Behm and Capparella PC

  • Protection from judgment creditors
  • Tax issues
  • Use of different governance models
  • Drafting tips


9:00 a.m. to 10:00 a.m.
"Extraordinary Relief in Chancery Court"
Chancellor Ellen Hobbs Lyle, Chancery Court, Davidson County

  • Overview
  • Temporary restraining order
  • Temporary injunction
  • Stay of decision of administrative agency



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

10:15 a.m. to 11:45 a.m.
“Estate Planning with Trusts”
Jeff Mobley and Hunter Mobley, Howard Mobley Hayes & Gontarek, PLLC

New legislation, effective on July 1, 2013, updates Tennessee trust laws in an effort to allow Tennessee to compete with other states for trust services and trust business — both nationally and internationally. The Mobleys will detail the changes and discuss the use of trusts in estate planning. Plus, they will discuss using various types of trusts in estate planning:

  • Credit shelter/bypass trust upon death
  • QTIP/marital trust planning
  • Inter-vivos family gift trusts
  • Life insurance trusts
  • Gift tax and Crummey powers
  • Grantor retained annuity trusts (GRATs)
  • Qualified personal residence trusts
  • Trusts for IRA’s
  • Intentionally defective grantor trusts
  • Charitable trusts
  • Unusual Tennessee trusts


11:45 a.m. to 1:00 p.m.: Lunch on your own

1:00 p.m. to 2:00 p.m.
“Social Security Disability: The Process”
Grayson Smith Cannon, Cannon & Cannon

  • Before the hearing—getting the file ready
  • Before the hearing—getting the client ready
  • Attending the hearing
  • After the hearing


2:00 p.m. to 3:00 p.m.
“Disqualification or Recusal of a Judge”
Judge Frank G. Clement, Court of Appeals, Middle Section

Judge Clement will discuss Supreme Court Rule 10B, which took effect July 1, 2012, dealing with the disqualification or recusal of a trial or appellate judge.

 

3:00 p.m. to 3:15 p.m.: Afternoon Break

3:15 p.m. to 4:15 p.m.
“Subrogation Issues"
Bryan Moseley, Moseley & Moseley

  • Statutory liens, assignments, and non-ERISA plans
  • ERISA plans
  • Medicare Secondary Payer rule



4:15 p.m. to 5:15 p.m.
“Tort Law Update”
Brandon E. Bass, The Law Offices of John Day PC

Mr. Bass will review recent significant tort law decisions from the Tennessee appellate courts and explain their impact on your practice.

================================

Held on November 15 (Day 2):

8:00 a.m. to 9:00 a.m.
“Ethical Considerations for Accepting, Declining, or Terminating Legal Representation”
Judge Thomas R. Frierson, II, Court of Appeals, Eastern Section

  • 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.
“Current Developments from the Board of Professional Responsibility”
Sandy Garrett, Chief Disciplinary Counsel, Board of Professional Responsibility

  • Supreme Court’s new Rule 9
  • Formal Ethics Opinion 2013-F-156 regarding non-judicial supervised communications between prosecutors and criminal defense attorneys alleged to have committed ineffective assistance of counsel
  • Recent Supreme Court disciplinary decisions and other recent discipline


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

10:15 a.m. to 11:15 p.m.
“Ethics of Lawyer Advertising in a 4G World”
Brian S. Faughnan, Thomason Hendrix Harvey Johnson & Mitchell, PLLC

Law firms regularly issue e-newsletters or “legal updates” or maintain blogs to communicate with current, former and prospective clients. Mr. Faughnan will discuss how these uses potentially violate restrictions on attorney advertising – and even could give rise to conflicts of interest. He will also explain how the ethics rules should be or are being applied to attorney internet advertising.

11:15 a.m. to 12:15 p.m.
“Contempt Powers of the Court”
Judge Timothy L. Easter, Circuit Court, 21st Judicial District (Hickman, Lewis, Perry, and Williamson counties)

  • Criminal v. civil contempt
  • Elements of a civil contempt claim
  • Direct v. indirect contempt
  • Burden of proof in contempt actions
  • Defending criminal contempt claims



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

1:30 p.m. to 2:30 p.m.
“Family Law Update”
Helen Sfikas Rogers, Rogers, Kamm & Shea

Ms. Rogers gets you up to date on the latest developments in the family law area.

2:30 p.m. to 3:30 p.m.
“Recent Developments in Medical Malpractice”
Randy L. Kinnard, Kinnard, Clayton & Beveridge

Mr. Kinnard will review recent developments in medical malpractice, including recent appellate court decision on compliance with pre-suit notice and certificate of good faith requirements, proving an expert is familiar with the standard of care in the community after Shipley, and lack of adequate staffing as a basis for recovery.

3:30 p.m. to 3:45 p.m.: Afternoon Break

3:45 p.m. to 4:30 p.m.
“Tennessee Conservatorship Laws: What Attorneys Must Know About the 2013 Changes”
Rebecca C. Blair, The Blair Law Firm

Ms. Blair, a member of the TBA Committee that studied and recommended changes, reviews the revisions to the state’s conservatorship laws that took effect July 1, 2013.

  • New definitions
  • Petitions
  • Notice
  • Guardian ad litem
  • Priorities and preferences
  • Physical or psychological exam
  • Orders
  • Letters
  • Accountings
  • Costs
  • Emergency/temporary conservatorships
  • Expedited limited healthcare fiduciary
  • Rights of respondent
  • Discharge/modification



4:30 p.m. to 5:15 p.m.
Real Estate Law Update: Recent Cases and New Statutes
Joshua R. Denton, Bass, Berry & Sims PLC

This interactive session is designed to educate practitioners about the most-recent developments and trends in Tennessee real estate law, with a focus on recent Tennessee appellate court decisions and Tennessee statutes enacted during the prior year.

 



 
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