Coming to Nashville

Thursday, October 1 and Friday, October 2
Nashville School of Law
4013 Armory Oaks Drive
(615) 256-3684

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The Agenda
The Faculty
The Directions

This live event has been approved for 15 hours of CLE credit, including 3 hours of DUAL CLE credit.

Your Nashville Agenda

Day One (Thursday, October 1)

8 a.m. to a.m.
“Use of Contempt Power to Aid Your Clients”
Judge Jeff Bivins - Circuit Court, 21st Judicial District (Hickman, Lewis, and Perry, and Williamson counties)

• Source of contempt powers
• Direct and indirect contempt
• Criminal and civil contempt distinguished
• Limitations on power and rights of defendants
• Contempt for violation of orders
• Cases of special interest

9 a.m. to 10 a.m.
“Update on the Revised LLC Act”
Harlan Dodson - Dodson, Parker, Behm & Capparella PC

• Use of different governance models
• Suggestions for governing documents
• Series provisions and family LLCs
• Traps in voting, allocation, and distributions
  

10 a.m. to 10:15 a.m. BREAK

10:15 a.m. to 11:45 a.m.
“Clarifying Subrogation, Liens, & Assignments”
J. Bryan Moseley - Moseley & Moseley

• The dos and don'ts for dealing with statutory liens
• Assignments to third parties
• When releases and hold harmless agreements are useful
• Handling payments to medical providers and insurers
• Non-ERISA subrogation liens
• TennCare/Medicaid subrogation liens
• Medicare, ERISA plan subrogation liens

11:45 a.m. to 1 p.m. LUNCH

1 p.m. to 2 p.m.
“Use of Experts/Expert Testimony”
Judge Tom Brothers - Nashville Circuit Court

• Qualifying expert witnesses
• Standards for admissibility of scientific evidence
• Practical tips on how to meet standards for admissibility of expert testimony
• Motions to exclude expert testimony
• Tips for presenting expert testimony at trial
  

ETHICS PORTION OF PROGRAM

2 p.m. to 3:30 p.m.
“Ethical Concerns Facing Attorneys Today”
Sandy Garrett - Board of Professional Responsibility

Ms. Garrett will update attendees on the recent amendments to the Tennessee Rules of Professional Conduct. She will also discuss “hot topics” facing attorneys today, such as attorney fees and conflicts of interest.

3:30 p.m. to 3:45 p.m. BREAK

3:45 p.m. to 5:15 p.m.
“Is There an Atticus Finch in Tennessee? Ethical Lessons to be Learned from 'To Kill a Mockingbird'”
Judge Don Ash - Circuit Court, 18th Judicial

District (Cannon and Rutherford counties)
Attorneys, young and old, remember the 1962 movie featuring Gregory Peck as Atticus Finch, a widowed lawyer with two small children, who defends a black man accused of raping a white woman in Alabama in 1932. Judge Ash will relate various movie clips from this film to different canons of conduct for attorneys.

Day Two (Friday, October 2)

8 a.m. to 9 a.m.
“Summary Judgment Practice: A Chancellor’s Perspective”
Chancellor Ellen Hobbs Lyle - Nashville Chancery Court

• Summary judgment procedure
• Implications of Hannan and Martin
• Case studies
  

9 a.m. to 10 a.m.
“Tennessee Tort Law Update”
Donald Capparella - Dodson, Parker, Behm & Capparella PC

• Supreme Court review
• Significant Court of Appeals rulings
• Cases pending before Supreme Court

10 a.m. to 10:15 a.m. BREAK

10:15 a.m. to 11:15 a.m.
“Tennessee Access to Justice Program”
Chief Justice Janice Holder - Tennessee Supreme Court

Chief Justice Holder will discuss the Tennessee Supreme Court’s number one strategic priority of improving access to justice, and she will review the recent rule changes intended to advance this goal. Chief Justice Holder also will discuss the Tennessee Access to Justice Commission and its role in assisting the Court in improving access to civil legal services across the state.

11:15 a.m. to 12:30 p.m. LUNCH

12:30 p.m. to 1:30 p.m.
“Electronic Discovery in Tennessee”
Paul Davidson - Waller Lansden Dortch & Davis LLP

• New e-discovery amendments
• Corporate policies for management of email communication
• Litigation planning
• Effective document retention/destruction policies and procedures
• Practical realities and strategies for dealing with e-discovery
  

1:30 p.m. to 2:45 p.m.
“Tennessee Real Property Foreclosures: Tips & Traps for Attorneys”
Joseph Prochaska - Williams & Prochaska

• Can you even foreclose?
• How to run a Tennessee foreclosure
• Eviction, or what to do after the foreclosure sale
• Foreclosure checklist
  

2:45 p.m. to 3 p.m. BREAK

3 p.m. to 4 p.m.
“Judgment Enforcement: Techniques, Common Roadblocks, and Advanced Strategies”
David Anthony - Bone McAllester Norton PLLC

• The initial post-judgment period
• Tools for judgment enforcement
• Common roadblocks in judgment enforcement
  

4 p.m. to 5:15 p.m.
“Hot Topics in Medical Malpractice”
Brandon Bass & Rebecca Blair - Day & Blair PC

• “Certificate of Good Faith”
• Vicarious liability
• Ordinary negligence
• Recent case law developments