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Law Conference for Tennessee Attorneys - Materials Only

Law Conference for Tennessee Attorneys - Materials Only

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13th Annual
Law Conference for Tennessee Practitioners - Materials Only

Held at the Nashville School of Law on Thursday & Friday, November 14-15, 2019

The 13th Annual Tennessee Law Conference Materials boasts an all-star cast of prominent Tennessee judges and attorneys. You’ll get information you can put to use immediately in your day-to-day practice, such as dealing with social media evidence, probate and estate planning tips, effective discovery practices, how to admit and exclude “unique” evidence, and how to deal with bankruptcy issues affecting your clients.

As an attendee you’ll learn:

  • The latest developments in the areas of real estate and privacy law
  • The latest on Tennessee and federal guidelines on prescribing controlled substances
  • Strategies on how to advertise your legal services both ethically and in a cost-effective manner
  • And more!

Full Agenda

Day 1 — Thursday, November 14, 2019

8:00 AM to 9:00 AM
Real Estate Update
Heather Derrick & Wes Turner

9:00 AM to 9:15 AM
Morning Break

9:15 a.m.- 10:15 a.m.
Case Studies in Intellectual Property 2019
Edward D. Lanquist Jr.

  • Intellectual property Protection Plan
  • Intellectual property Protection Plan for Startups
  • Keep Patent Applications Current
  • Employment Agreements
  • IP agreements with third parties

10:20 AM to 11:20 AM
Probate Process

Matt Potempa

  • How to Open and Close an Estate
  • Marshaling Probate vs. Non-Probate Assets
  • Dealing with Claims, Spousal Rights and Will Contests and Construction issues
  • Counseling Personal Representatives and other Interested Parties
  • Accountings, Inventories and Final Distributions

11:25 AM to 12:35 PM 


12:25 PM to 1:25 PM
Hot Topics in Ethics
Brittany Lavalle
Board of Professional Responsibility 

1:30 PM to 3:00 PM
Civil Rights
James Bryan Moseley

  • Historical Perspective of Civil Rights Litigation
  • Excessive Use of Force
  • False Arrest and Malicious Prosecution

3:00 PM to 3:15 PM
Afternoon Break

3:15 PM to 4:45 PM
Landlord & Tennant Law

Gary Rubenstein

  • Evictions
  • Landlord Actions
  • Landlord Deposits
  • Fair credit Reporting

Day 2 — Friday, November 15, 2019

8:00 AM to 9:00 AM
What Every Non-Bankruptcy Lawyer Should Know About Bankruptcy
Griffin Dunham

  • Learn some basic terminology
  • Recognize the differences between bankruptcy chapters
  • Provide clients with overview of the bankruptcy process
  • Spot the issues that can affect your client’s rights and recovery
  • Be able to file a proof of claim
  • Know if your client could benefit from a bankruptcy

9:00 AM to 9:15 AM
Morning Break

9:15 AM to 10:15 AM
Calculating Economic Losses in Tennessee Personal Injury and Wrongful Death cases
Charlie Baum

  • Earnings Capacity
  • Household Services
  • Growth Rates
  • Mitigating Factors
  • Pre-Judgement Interest
  • Taxes and more…

10:20 AM to 11:20 AM
The Tennessee Supreme Court Undertakes Significant Clarification of Defamation Law
Doug Pierce

  • The Fair Report Privilege is the most significant common law privilege in defamation
  • Court clarifies degree of malice necessary to defeat this privilege
  • Court will soon decide the circumstances allowing reliance upon the privilege 

11:25 AM to 12:25 PM 


12:25 PM to 1:25 PM
The Opioid Epidemic and Governmental Response
Kathy Steuer 

1:30 PM to 2:30 PM
Workers’ Comp: Safety Pays
Wendy Fisher

  • How Effective Safety and Health Programs Save Employers Money
  • Why is a Safe Workplace Important?
  • Hazard Prevention and Control
  • Employee Involvement and Management Commitment

2:30 PM to 2:45 PM 
Afternoon Break

2:45 PM to 3:45 PM

Elizabeth Warren & Craig Stewart**

  • HIPAA Obligations for Business Associates**
  • Recent HIPAA Developments
  • How to Determine if your HIPAA Release is Compliant and How to Fix it

3:50 PM to 4:50 PM

Hemp and Marijuana: Cannabis Laws in Tennessee
Joey Fuson

  • Cannabis Overview
  • Marijuana Laws
  • Hemp Laws and Regulations
  • Hemp Overview
  • THC Testing
  • Probable Cause Issues

About Your Presenters

Heather Derrick is a member of the Real Estate section at Gullett Sanford Robinson & Martin law firm.  Her practice includes commercial lending and real estate transactions, leverage buyouts, drafting commercial leases and purchase and sale agreements, stock restriction agreements, handling title matters and general business planning.

Heather received her undergraduate degree from the University of Tennessee. She also graduated from the University of Tennessee College of Law where she was recognized for contributing more than 75 hours of pro bono work. A Nashville native, Heather is a 2008 graduate of Harpeth Hall.

Wes Turner Wes Turner’s practice is dedicated to helping individuals, lending institutions, non-profits, and businesses with legal needs pertaining to real estate.  His practice includes sale and loan closings, residential and commercial development, title insurance, shopping centers, offices, warehouses and other income producing properties, leasing and restructuring and foreclosure.

Wes serves as an instructor of Mortgages & Advanced Property Law at Nashville School of Law and is a frequent real estate law seminar presenter and panelist.

Edward Lanquist Jr.

Edward D. Lanquist, Jr.

Mr. Lanquist is an AV rated lawyer who focuses his practice on patent and trademark litigation, intellectual property counseling, and trademark prosecution. In addition to litigating more than one hundred and fifty cases, Mr. Lanquist has filed over one thousand trademark registration applications, over 150 patent applications, and performed in excess of 2,300 trademark clearance searches. He has litigated and performed appellate work in cases involving patent infringement, trademark infringement, trade dress infringement, right of publicity, copyright infringement, design patent infringement, and trade secret misappropriation cases. Mr. Lanquist counsels clients on the economic benefits and implications of intellectual property protection and litigation. Ed received his J.D., with Honors, University of Tennessee, 1988 and his B.S., Civil Engineering, with Honors, University of Tennessee, 1985.

Ed is a Past President of the Nashville Bar Association.  He is the General Counsel for the Tennessee Bar Association. He is a former Chairman of the American Bar Association, Young Lawyers Division, Patent, Copyright and Trademark Committee.  Ed serves on the Executive Committee of the Tennessee Bar Association, Intellectual Property Committee.  He is a past President, Tennessee Intellectual Property Law Association, a past Treasurer, Nashville Bar Association, a past Chair, Nashville Bar, Intellectual Property Committee, a past Chair, Nashville Bar Association, Continuing Legal Education Committee, a past Chair, Nashville Bar Association, ad hoc committee for online continuing legal education. 

Ed is the past Chair of the Nashville Shakespeare Festival, past Chair of the Mid South Chapter of the Multiple Sclerosis Society, past Chair and Board Member of the Belcourt Theatre - Nashville's art house theatre, a Board Member for the Nashville Capital Network, a Board Member of the Arts and Business Council, , a Board Member of New Dialect, and a Board Member of the Arts and Business Council.

Matt Potempa

Matt Potempa is a founding partner at Martin Heller Potempa & Sheppard, PLLC. A native Memphian, Matt received his undergraduate degree in Political Science from the University of Memphis in 2003 and his Juris Doctor from the University of Arkansas at Little Rock in 2006. In 2008, Matt founded the Law Office of Matt Potempa, PLLC focusing on litigation and resolving probate, matrimonial and business disputes. Matt is active in the Nashville, Tennessee and American Bar Associations and has received numerous accolades for his service to the public and the legal profession. Matt is a Fellow of the Nashville and American Bar Associations. The Nashville Post named Matt as a “Law Leader Rising” in 2012. The Nashville Chamber of Commerce awarded him their Emerging Leader Award in the Legal Services category in 2015. He was named “Best of the Bar” in 2016 and 2017 by the Nashville Business Journal and designated a “Super Lawyer” by Thomson Reuters in 2016 and 2017, a distinction achieved by less than 5% of Tennessee attorneys. Matt is a frequent lecturer for the Nashville, Tennessee and American Bar Associations as well as LexisNexis and the Nashville Business Institute on topics related to Probate Administration and Litigation, Law Practice Management, Client Relations, Professional Ethics and Law Office Technology. With an office located in the heart of Hillsboro Village near downtown Nashville, MHPS focuses on providing Estate and Trust Planning, Family Wealth Preservation, Probate and Business Litigation and Conflict Resolution, Conservatorships and Guardianships as well as Family Law and Personal Injury.


Brittany Lavalle currently serves as Disciplinary Counsel in the Litigation division at the Board of Professional Responsibility of the Supreme Court of Tennessee.  Ms. Lavalle received her bachelor’s degrees in English and Political Science from the University of Georgia and her law degree from Mercer University.  Prior to joining the Board of Professional Responsibility, Ms. Lavalle worked in Athens, Georgia as a criminal prosecutor handling a caseload of serious violent felonies and special victim cases.

J. Bryan Moseley

J. Bryan Moseley is a partner in the Murfreesboro, Tennessee law firm of Moseley & Moseley, where his main areas of practice are premises liability and civil rights litigation. Mr. Moseley is a frequent speaker on personal injury and subrogation topics for Tennessee Attorneys Memo, the National Business Institute and other continuing legal education organizations. 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 American Association for Justice, the Tennessee Bar Association, the American Board of Trial Advocates, the International Code Council, and the ASTM International. He practices in both the State and Federal Courts of Tennessee as well as the United States Sixth Circuit Court of Appeals.

Gary Rubenstein is a principal with the firm and has been practicing with this firm since 1977. He received a B.A. from Purdue University in 1973 and a J.D. from Vanderbilt University in 1977 where he was President of Vanderbilt Law School from 1976 through 1977. His practice consists predominantly of insurance defense, surety bond issues, and landlord/tenant matters.

His insurance defense work includes issues related to surety bonds, as well as letters of credit. His landlord/tenant practice includes representing various management companies in the Nashville area. Mr. Rubenstein is a Board Member of the Tennessee Apartment Association and is a lecturer on landlord/tenant issues, providing continuing legal and real estate education. Mr. Rubenstein currently teaches business law at the John Gupton School of Mortuary Science. He is a member of the Nashville, Tennessee and American Bar Associations.

Griffin Dunham

Griffin Dunham During Griffin's 17 years as a lawyer, he has represented large and small businesses, business owners and officers, borrowers, guarantors, private equity investment firms, property management companies, risk management companies, commercial landlords, healthcare facilities, medical field companies, farmers, electric companies, construction businesses, and developers.

Griffin handles every aspect of litigation.  The first six years of his practice concentrated on trial and appellate work as a judge advocate in the United States Judge Advocate General (JAG) Corps.  Although he enjoys the courtroom, he recognizes that many disputes should be resolved without the need for court intervention.  In those situations, he strives to develop a workable resolution that makes the most financial sense.  The cases he has handled have included claims of breach of contract, business interference, fraud and misrepresentation, fraudulent transfers, contract interference, unfair competition, breach of fiduciary duty, conversion, misappropriation, copyright infringement, harassment, and real estate claims related to contract interpretation, quiet title, partition, and easements.

As a workout and bankruptcy lawyer, Griffin represents debtors to reorganize their businesses under Chapter 11 of the Bankruptcy Code.  His focus in these cases is concentrated on de-leveraging the business, increasing and managing cash flow, reducing inefficiencies that are reducing margins, improving the business model, maximizing the value of the equity interests, and ensuring the company's long-term viability.  Griffin also represents creditors in contested matters or adversary proceedings.  Griffin's experience includes all aspects of the bankruptcy process, to include drafting and confirming plans of reorganization (debtor side), objecting to and defeating plans of reorganization (creditor side), prosecuting and defending adversary proceedings, claims litigation, claims trading, stay relief actions, 363 asset sales, preferences and fraudulent transfers, first day motion practice, motions to appoint a trustee, asset valuation, lien avoidance, disclosure statement approval, negotiating plan treatment, DIP and exit financing arrangements, and motions to dismiss and convert cases. 

Charles Baum

Charles L. Baum is a professor of economics at Middle Tennessee State University, where he has taught as a tenured full professor for 20 years, since 1999. Baum received his Ph.D. in economics from the University of North Carolina-Chapel Hill earlier that year.  He earned a B.S. degree in economics from Wake Forest University in 1995.

Baum has served as an economics expert for plaintiffs and defendants in personal injury, wrongful death, employment termination, and corporate cases around the United States.  Baum’s approach is to use widely accepted methodologies and reliable data sources while following the legal stipulations and guidance from case law in the case’s jurisdiction.  He is a member of the National Association of Forensic Economists (NAFE) and the American Academy of Economic and Financial Experts (AAEFE).  He has presented his research at these organizations’ conferences, and he regularly teaches legal CLE sessions in Alabama and Tennessee.

Baum has published numerous articles in peer-reviewed economics journals on the methodologies used when calculating economic losses.  For example, he has published research several times in the Tennessee Bar Journal, including a July 2015 article on guidance provided by Tennessee statutes on calculating economic damages in employment termination cases and a May 2017 article on calculating economic damages in commercial (business interruption) cases.  He has published similar articles for bar journals in Alabama, Georgia, Florida, Missouri, and New York.

Douglas R. Pierce

Douglas R. Pierce is a partner in the litigation section of the law firm of King & Ballow.  Mr. Pierce earned his law degree from the University of Tennessee with honors.  While attending the University, he was an Assistant Editor and Associate Editor of the Tennessee Law Review.  He received his undergraduate degree in Radio and Television Communications from MoreheadStateUniversity with high honors.  Before attending law school, he served as a lieutenant in the U.S. Army Signal Corp. Mr. Pierce formerly served as law clerk to the Honorable Robert L. Taylor of the U.S. District Court of the Eastern District of Tennessee.  He has been General Counsel to the Tennessee Association of Broadcasters since 1988, and General Counsel to the American Advertising Federation-Nashville since 1991.  He is the immediate past President of the Tennessee Coalition for Open Government Mr. Pierce is a member of the Nashville, Tennessee and American Bar Associations.  He frequently represents both print and broadcast media clients in First Amendment matters nationwide, and he has defended the media against libel and privacy lawsuits in many states.  He is the author of the Tennessee portion of the 50 State summary of open meetings and open records laws published by the Reporter Committee for Freedom of the Press, and also co-author of a portion of a survey of media privacy and related legal issues published by the Media Law Resource Center. He served on the Tennessee General Assembly’s 2006-2007 Joint Study Committee on Open Government.


Katherine B. Steuer

Katherine B. Steuer is Managing Counsel, Health Affairs, at St. Jude Children’s Research Hospital, Inc., where she advises on legal and ethical issues related to patient care and human subject research and on a diverse range of regulatory, operational, policy, and transactional issues.  These include pharmacy and pathology regulations, medical staff affairs, graduate medical education, biomedical research, patient rights and medical ethics, reimbursement, and physician, affiliation and other agreements. Her achievements include establishing a medical-legal partnership with Memphis Area Legal Services for assisting families with conservatorships; testifying at a Tennessee hearing on conservatorship law; co-drafting a Tennessee law on in loco parentis consent to health care; preparing written and presenting oral comments on a Board of Medical Examiners proposed telemedicine regulation; drafting comments on the proposed amendments to the federal Common Rule governing human subject protection; and giving an annual continuing medical education program on prescribing controlled substances.

Ms. Steuer was among the recipients of the St. Jude Clinical Care Improvement Award for 2014 and of the St. Jude Family-Centered Care Champion Award for 2015.  Ms. Steuer is a past chair of the Health Law Section of the Memphis Bar Association and a delegate to the Board of the Memphis Bar Association.

After graduating from Harvard Law School, where she was Editor in chief of the Harvard Environmental Law Review, Ms. Steuer clerked for the Honorable Richard S. Arnold on the Eighth Circuit Court of Appeals and practiced in a law firm and for the United States government.  In 2016, M. Steuer earned a Certificate in Pediatric Bioethics from the Children’s Mercy Bioethics Center, Children’s Mercy Hospital in affiliation with the University of Missouri—Kansas City.

Wendy Lee Fisher

Wendy Lee Fisher is a graduate from Middle Tennessee State University with a bachelor’s degree in Industrial Technology.  Wendy Lee is currently serving as the Administrator for the Tennessee OSHA program where she runs the day to day operations overseeing a budget of approximately 9 million and a staff of 93.  

Elizabeth Warren

Elizabeth Warren has helped dozens of national hospital companies and healthcare providers respond to the fluid regulatory landscape in which they operate. Utilizing her industry knowledge and a practical outlook, Elizabeth counsels her clients on issues including, Anti-Kickback and Stark compliance, Health Insurance Portability and Accountability Act (HIPAA) compliance, and disclosures for securities filings. She also develops and implements compliance programs and related policies and helps providers respond to compliance issues, such as handling suspected or identified overpayments. Elizabeth works with clients to structure joint ventures and management relationships to comply with federal and state law requirements and advises on regulatory issues raised by physician ownerships of hospitals and structuring unit or service line management arrangements between hospitals and management companies. Elizabeth is active in the American Health Lawyers Association (AHLA) and has been listed in Best Lawyers in America – Health Care Law from 2010-2020.

Craig Stewart

Craig Stewart provides healthcare regulatory counsel at Bass, Berry, and Sims, PLC, as it relates to compliance, operational and transactional matters. He works with a range of the firm’s healthcare clients, including long-term care providers, hospitals, and others. Craig advises clients on issues regarding the Health Insurance Portability and Accountability Act (HIPAA), as well as state and other requirements related to the confidentiality and security of health-related information. Craig graduated first in his class from Belmont University College of Law, earned a Master of Library and Information Studies from the University of Alabama, and earned a Bachelor of Arts in economics from Davidson College.

Joseph Fuson

Joseph Fuson Joseph Fuson began working in Tennessee law firms at the age of 20 and has dedicated his professional life to being a trial attorney. He was born and raised in Middle Tennessee, went to high school in Middle Tennessee and graduated from University of Tennessee – Knoxville Cum Laude in 2000. Mr. Fuson continued working after college at a civil litigation firm and attended law school at Nashville School of Law. Mr. Fuson was licensed to practice law in the State of Tennessee in 2006, partnering with Mark Freeman shortly thereafter and forming Freeman & Fuson in 2009.

Mr. Fuson spends his days in court fighting for people who have been accused of a crime and representing people who have been severely injured. In the criminal arena, Mr. Fuson has been defending citizens accused of crimes for over a decade and knows what it takes to handle tough cases. Regardless of the issue, Mr. Fuson is a trial lawyer who puts the needs of his clients first. A large part of his criminal practice is focused on drug and alcohol cases. Specifically, marijuana defense and DUI defense.

Mr. Fuson is an active member of the Tennessee Association of Criminal Defense Lawyers and a graduate from the TACDL Trial Attorney’s College and Advanced Trial Skills College. 

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