Law Conference for Tennessee Practitioners
Coming to Nashville School of Law on Thursday & Friday, November 15-16, 2018
15 hours of CLE credit, including 3 hours of ethics/professionalism. Fulfill your annual CLE requirement at one event.
The 12th Annual Tennessee Law Conference boasts an all-star cast of prominent Tennessee judges and attorneys, featuring David Anthony, Gail Ashworth, and James Bryan Moseley. 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.
You’ll get the latest developments in the areas of real estate and privacy law. And, you’ll hear the latest on Tennessee and federal guidelines on prescribing controlled substances. You’ll also learn how to advertise your legal services both ethically and in a cost-effective manner.
The superior agenda features the latest updates on:
- Business court docket. Get an overview from Staff Attorney Charlie Baldwin about practice and procedures for the state's business court docket.
- Updates. Get up to date on the latest developments in the areas of privacy law and real estate.
- Bankruptcy. Learn effective methods for spotting relevant issues and representing your client.
- Malpractice. Learn the ins and outs of handling malpractice cases in Tennessee.
- Timely issues. Get information on the new standards and laws surrounding the opioid epidemic and developments to the Tennessee Uniform Limited Partnership Act of 2017.
- Patent law and trade secrets. Learn the basics of patent law and trade secrets so that you know the best way to direct your clients.
- Probate/estate planning. Get tips on improving your probate practice, as well as tips and techniques to use in estate planning.
- Lawyer advertising. Get tips on how to market yourself and your law firm ethically and effectively.
- HIPAA. Be sure you know how to remain compliant when dealing with HIPAA and HITECH.
- Business valuation. Understand the process of valuing a business or business asset.
Your Expert Faculty:
Tara M. Aaron, Aaron Sanders PLLC, Nashville
Rebecca Adelman, Adelman Law Firm, Memphis
David Anthony, Bone McAllester Norton PLLC
Gail Vaughn Ashworth, Wiseman Ashworth Law Group PLC, Nashville
Charlie Baldwin, Staff Attorney, Tennessee Supreme Court, Nashville
Charles L. Baum, II, Ph.D., Professor of Economics, Murfreesboro
Rebecca M. Barnett, Mars Global Petcare, Nashville
Heather Derrick, Gullett Sanford Robinson & Martin PLLC, Nashville
Griffin S. Dunham, Dunham Hildebrand, PLLC, Nashville
Joshua Hedrick, Kraft Analytics, LLC, Nashville
Judge Lynda Jones, Small Business Court, Nashville
James Bryan Moseley, Moseley & Moseley, Attorneys at Law, Murfreesboro
Thomas B. Norris, Jr., Attorney at Law, Nashville
Matt Potempa, Martin Heller Potempa & Sheppard, PLLC, Nashville
Katherine Steuer, St. Jude Children's Research Hospital, Inc., Memphis
Wesley D. Turner, Gullett Sanford Robinson & Martin PLLC, Nashville
Elizabeth Warren, Bass Berry Sims, PLC, Nashville
Your Distinguished Faculty
Tara Aaron is a partner at the intellectual property and technology law firm of Aaron Sanders. She represents clients in Nashville and all over the world in trademark, copyright, technology licensing, and internet law, including on U.S. and international privacy issues. She is the chair of the Copyright Society of the South and a member of the Trademark Reporter committee for the International Trademark Association. Tara is a frequent speaker in Nashville and has spoken on intellectual property matters as far away as Bangkok, Berlin and London. She has been published on Trademarks and Unfair Competition with Oxford University Press. With her partner, Rick Sanders, she is the author of the IPBreakdown blog.
Rebecca Adelman is a founding shareholder with Adelman Law Firm and practices in the firm’s Memphis, Tennessee office. For nearly 25 years, Rebecca has concentrated her practice in insurance defense litigation with a concentration in healthcare law. She represents senior services providers along the continuum of care including skilled nursing, assisted living, behavioral health, home health and hospice.
Rebecca’s insurance defense practice includes representation of insurance companies and long‐term care providers and their insurers, both regionally and nationally. She also provides consulting services and educational programming to healthcare professionals and business associates. She has active practices in the areas of general liability, professional liability, premises, and employment law. She is a listed mediator serving all areas of business and healthcare litigation.
Her experience also extends to risk management and organizational counseling and formal programs including comprehensive “expectations management”, arbitration training, facility admissions protocols, and crisis communication planning. She is a member of the prestigious Claims & Management Litigation Alliance.
Rebecca is involved in state and national legislative matters on behalf of the healthcare industry and serves as Legal Advisor for the American Assisted Living Nurses Association. She authors a monthly column, The HAT Advantage, for the Nursing & Assisted Living Professional newsletter, and is a regular contributor to other healthcare publications.
Rebecca was recognized as a 2015 Super Women in Business by the Memphis Business Journal and named an “MBQ Power Player” in the area of defense litigation by Memphis Business Quarterly. She was included in the “Women to Watch” issues of Memphis Woman Magazine and selected as Executive of the Year by the Memphis Business Journal. Her strong beliefs in education and peace guided her to found a non‐profit Montessori School. She is also involved with the Urban Child Institute, a non-profit organization dedicated to the health and well- being of children from conception to age three in Memphis and Shelby County, Tennessee and Dorothy Day House of Hospitality in Memphis addressing homelessness by keeping families together while they work to solve their problems.
David Anthony represents banks, businesses, and individuals in the areas of commercial litigation, creditors’ rights, bankruptcy, and lien litigation. Mr. Anthony routinely appears in state, federal, and bankruptcy courts throughout Tennessee. In addition to his litigation practice, he has significant experience in the review, analysis, and preparation of commercial contracts, including leases, loan documents, and other commercial contracts.
Gail Vaughn Ashworth, with Wiseman Ashworth Law Group in Nashville, has been successful in high profile cases ranging from defense of health care institutions and individuals to obtaining one of the largest wrongful death verdicts for the plaintiff in Tennessee in a product liability case and success in one of the nation’s most notorious family law cases. Her diverse trial practice spans nearly three decades and ranges from personal injury to insurance coverage, employment law, and medical ethics. Regardless of the case, her commitment is always the same: hard work for the client, tenacity in her advocacy and excellence in the profession.
A founding member of Wiseman Ashworth Law Group PLC, Gail has extensive experience at the civil and administrative trial and appellate levels as both defense and plaintiff’s counsel. She also is a Tennessee Rule 31 Listed General Civil Mediator with over fifteen years’ experience as a mediator. She has a strong mediation and arbitration practice and is known for her fairness and experience in healthcare, personal injury, product liability, insurance law, administrative and employment law.
Ms. Ashworth is also widely known and respected for her leadership roles in the legal profession and the community. She is a past president of the Nashville and Tennessee Bar Associations, a trustee of the Nashville Bar Foundation and she is involved in state and national organizations that teach leadership to lawyers—TBA Leadership Law and the ABA/TIPS Leadership Academy. In addition to serving as president of her state and local bar associations, Ms. Ashworth is particularly proud of having chaired the Tennessee Justice Center, Inc. Board of Directors from 2006-2008, the Tennessee Legal Community Foundation in 2010 and the Legal Aid Society/Nashville Pro Bono Annual Campaign for Justice in 2011. Ms. Ashworth also regularly speaks at continuing legal education seminars and was a faculty member and student mentor for the 2012 ABA/TIPS/ABOTA National Trial Academy at the National Judicial College. She serves on several non-profit boards and is a member of a local hospital medical ethics committee.
Ms. Ashworth has practiced civil litigation in Nashville, Tennessee, since 1983. She is AV®Preeminent™ rated – the highest peer-review rating possible – and has been listed in Best Lawyers in America® since 1995. Among her personal interests, she is a marathon runner, a motorcycle enthusiast, a classical pianist and an avid Nashville Predators fan. She has also attended numerous world championships, including the Iditarod, the Tour de France, and the Ironman Triathlon in Kona.
Charlie Baldwin is the liaison between the Tennessee Supreme Court, judge’s chambers, and the Business Court Docket Advisory Commission. He is originally from Tifton, Georgia and is licensed to practice law in Tennessee and New York. Mr. Baldwin attended Mercer Law School. He recently moved to Nashville from New York, where he worked as an associate at a small law firm, then in-house for a private equity firm. In his role at the Administrative Office of the Courts, Mr. Baldwin focuses on the statewide expansion of the business court docket.
Rebecca Barnett is a Registered Patent Attorney and Counsel at Mars, Inc. Ms. Barnett prepares and prosecutes patent and trademark applications and counsels clients on issues of patentability, infringement and validity to ensure that intellectual property protection correlates with business strategy. She has broad experience with both U.S. and Patent Cooperation Treaty (PCT) applications and knowledge of the procedures of numerous patent offices around the world.
Charles L. Baum, II, Ph.D., is a professor of economics at Middle Tennessee State University, where he has taught since 1999. Baum received his Ph.D. in economics from the University of North Carolina- Chapel Hill earlier that year. He served as chair of the Department of Economics and Finance from 2008-2014. Baum is a member of the National Association of Forensic Economists (NAFE) and the American Academy of Economic and Financial Experts (AAEFE), and he has served as an economics expert for plaintiffs and defendants in numerous cases around the southeastern United States. Baum has published several articles in peer-reviewed economics journals on the methodologies used when calculating economic losses. In July 2015, Baum published an article in the Tennessee Bar Journal on guidance provided by Tennessee statutes on economic damages in employment termination cases and in May 2018 published an article in the Tennessee Bar Journal on commercial damages from business losses in Tennessee. To contact Baum, please e-mail him at cbaum@baumeconomics or call at 615-556-9287.
Heather Derrick is a member of the Gullett Sanford Robinson & Martin's Real Estate section. Her practice includes commercial banking and real estate transactions, drafting purchase and sale agreements, handling title matters and general business planning. Ms. Derrick 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, she is a 2008 graduate of Harpeth Hall.
Griffin S. Dunham, with Dunham Hildebrand PLLC in Nashville, has been in practice for 13 years and 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. Mr. Dunham 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. He has handled cases including 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, he 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. He also represents creditors in contested matters or adversary proceedings. Mr. Dunham’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.
Joshua Hedrick is a senior manager with Kraft Analytics, LLC, an affiliate of KraftCPAs. Joshua’s practice focuses on valuations of businesses, equity interests, debt instruments, intellectual property and other intangible assets for investment, lending, managerial planning, compliance, accounting, tax, marital dissolution, restructuring and litigation purposes. Mr. Hedrick provides other financial consulting services including industry and competitive analysis, business strategy, compensation studies and cash flow modeling. Mr. Hedrick began his professional career in banking before transitioning to valuation in 2007.
Judge Lynda Jones was elected to the bench on August 7, 2014. She received her BS in Communication with honors from the University of Tennessee at Knoxville. Her law degree is from the University Of Memphis School Of Law where she received the American Jurisprudence Award for Trial Advocacy.
Judge Jones practiced law in middle Tennessee for 22 years prior to becoming a judge. She currently is a member of the Nashville Bar Association, General Sessions Judges Conference, American Bar Association, and the National Association of Women Judges. She is a former Chair of the General Sessions Court Committee for the Nashville Bar Association and Fellow of the Nashville Bar Foundation.
Judge Jones was named 2011 Nashville Alliance for the Mentally Ill Advocate of the Year and also recognized as a 2010 and 2013 Super Lawyer as well as 2009 Best of the Bar by the Nashville Business Journal. She was a nominee for the 2013 and 2014 Nashville Athena Award and is a graduate of Leadership Donelson Hermitage. She is also a nominee for the 2015 Nashville Business Journal’s Women of Influence Award in the public policy arena. She is a 2017 - 2018 graduate of Leader Middle Tennessee where she served as Co-President.
Judge Jones has been heavily involved in the Nashville Community after serving on the boards of several organizations while also active in her church. Judge Jones is married and has one child. She serves as a Girl Scout troop volunteer and mentor to women in the community.
Division IX operates the Music City Business Court docket for small businesses which choose to contain court expenses and participate in pretrial scheduling conferences.
James Bryan Moseley is a partner in the Murfreesboro 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 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.
Thomas (Tom) B. Norris, Jr. is a solo practitioner having his office in Nashville, Tennessee and licensed since 1996. Education includes a BS from Middle Tennessee State University, 1982, JD from Nashville School of Law, 1996, and an LL.M in Taxation from the University of Alabama School of Law, 2007. Areas of practice concentration are: business entity & capital formation including exempt securities, tax entity entry & exit structuring including non-profits; business acquisition, sales & merger; secured transactions & sales (UCC); leasehold; general tax; estate planning; and creditor rights. Professional associations include the Harry Phillips Inn of Court (Nashville; 1995-96 student member), the Nashville Bar Association (Corporate and Commercial Practice Committee), the Tennessee Bar Association and American Bar Association (Business and Tax Law Sections); the Federalist Society (Corporate & Antitrust Practice Group) and the Tennessee Supreme Court Historical Society. From 2009 – 2013 and 2015-2017 served as guest lecturer and substitute instructor for business associations and employment & labor law at the Nashville School of Law. From 2008 - 2012 and 2015 served as substitute instructor for paralegal studies at Volunteer State Community College. In 2009, along with Judge G. Andrew Brigham (Stewart Co.), co-authored A Tennessee General Sessions Practice Handbook published by M. Lee Smith Publishers.
Matt Potempa, with Martin Heller Potempa & Sheppard in Nashville, has been recognized locally, statewide and nationally for his expertise in the area of trust and estate litigation. With a background in elder law, family law and business litigation, he now devotes his practice exclusively to resolving family disputes in will contests, estate litigation, conservatorships, breaches of fiduciary duty and trust disputes. He began his legal career as General Counsel for HGH Imports, a small multi- national company based in Spring Hill, Tennessee. After leaving HGH, he pursued his passion for elder law and worked as a hearing officer and later Assistant General Counsel for the Tennessee Department of Human Services. In 2009, he launched his solo practice, Law Office of Matt Potempa, PLLC.
In addition to a general practice, he focused on litigation and resolving probate, matrimonial and business disputes. In July 2013, he partnered with attorneys David Heller, Sean Martin and Jennifer Sheppard to launch Martin Heller Potempa & Sheppard, PLLC. In 2012, he was named by the Nashville Post as one of 20 “Law Leaders Rising” in the Nashville area. In 2013, he was awarded the Nashville Chamber of Commerce’s Emerging Leader Award in the Legal Services category. He is the founder of the Nashville Bar Association’s Solo and Small Firm Committee and has served on the NBA’s Public Service Committee, Lawyer Referral and Informational Service Committee, Governance Committee and Modest Means Panel. He is a frequent lecturer on topics related to Probate Administration and Litigation, Law Practice Management, Client Relations, Professional Ethics and Law Office Technology.
Katherine B. Steuer is Senior Associate Counsel 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, 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 recent 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.
Wesley D. Turner is a partner at Gullett Sanford Robinson & Martin PLLC in Nashville and dedicates his practice 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. Mr. Turner is listed in Best Lawyers in America® for Land Use and Zoning Law and Real Estate Law and is listed in Mid-South Super Lawyers® for Real Estate Law. He is past President of the Tennessee Land Title Association. He serves as an instructor at the Nashville School of Law in the area of mortgage law.
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.
DAY 1 — Thursday, November 15
8:00 a.m. to 9:00 a.m.
Martin Heller Potempa & Sheppard, PLLC
In this session, Mr. Potempa will cover:
- Initial considerations and steps
- Roles and responsibilities
- Situs and ancillary probate
- Forms of administering an estate
- Laws of intestacy and heirship
- Exceptions to succession: Blended families and more
- Executor appointment and taxpayer ID number
- Filing petition to admit will to probate
- Notice to interested parties
- Waivers and consent rejections
- How to manage the non-professional executor
- Lost wills, partial revocations, and trends in will and trust contests
9:00 a.m. to 10:00 a.m.
What Non-Bankruptcy Attorneys Need to Know About Bankruptcy and Other Related Matters
Griffin S. Dunham
Dunham Hildebrand, PLLC
The bankruptcy process is Code-driven, and can be confusing, complex, and unforgiving. Understanding how to spot the relevant issues and knowing what questions to ask can be a tremendous economic asset to a client. Whether you represent a potential debtor or creditor, understanding the basic bankruptcy process provides value. Let Mr. Dunham guide you through some basic bankruptcy concepts in order to improve your ability to represent your clients.
- Basic terminology
- Differences between Chapter 7, Chapter 11, and Chapter 13 bankruptcies
- Spot the issues that can affect your client’s rights and recovery
- The automatic stay – what is it and what does it do?
- Know if your client can benefit from a Chapter 11
- What if my client’s customer files for bankruptcy?
- Is my client’s claim against a debtor non-dischargeable?
- Is my client at risk for a preference or fraudulent transfer action?
10:00 a.m. to 10:15 a.m.
10:15 a.m. to 11:15 a.m.
Developments in Privacy Law
Tara M. Aaron
Aaron Sanders PLLC
In this session Ms. Aaron will guide you the major changes taking place in how data privacy and control of personal data is being regulated. Privacy scandals at companies like Facebook have caused widespread consumer outrage and are causing U.S. legislators to take notice. As marketplaces become more global and our clients do business outside the borders of the U.S., they will need to understand how to comply with regulations about how they store, use, and share their customers’ personal information, and what kind of consent they need to do that.
Privacy laws are beginning to change the landscape of online marketing as well. Ms. Aaron will give you an overview of the General Data Protection Regulations (GDPR) from Europe which went into effect in May 2018 and which affect every company in the world doing business with customers located in the European Union. She will also update you on current and pending legislation in Tennessee and in other states. She will cover what needs be in your clients’ privacy policies, what companies need to do to prepare for a data breach, and how best to respond to it when it occurs.
11:15 a.m. to 12:15 p.m.
Effectively Handling Malpractice Cases in Tennessee
Adelman Law Firm
Ms. Adelman will focus on litigating malpractice cases in Tennessee, providing tools for your case from initial assessment to final disposition.
12:15 p.m. to 1:15 p.m.
Lunch (included with registration)
1:15 p.m. to 1:45 p.m.
Practical Tips for the Small Business Court
Judge Lynda Jones
Judge Lynda Jones will discuss practical tips for the Small Business Court and will go over the Joint Pretrial Statement form that the Court began implementing in 2018.
1:45 p.m. to 2:00 p.m.
2:00 p.m. to 3:00 p.m.
Business Court Docket Project
Tennessee Supreme Court - Administrative Office of the Courts
The Tennessee Business Court Docket Pilot Project was launched by the Tennessee Supreme Court to expedite complex business litigation through uniform, consistent, and streamlined case management. It seeks to develop a body of Tennessee business law in the vein of Delaware and New York to promote confidence in the system and provide future guidance for conducting business. The project began taking cases in 2015 and has been an overwhelming success with the bar.
Charlie is the liaison between the Tennessee Supreme Court, judge’s chambers, and the Business Court Docket Advisory Commission. He is originally from Tifton, Georgia and is licensed to practice law in Tennessee and New York. He recently moved to Nashville from New York, where he worked as an associate at a small law firm, then in-house for a private equity firm. Charlie will discuss the history and reasoning of the Tennessee Business Court Docket, and how it compares to the 27 other commercial divisions throughout the country. He will also describe some of the innovative procedures implemented by the project to improve efficiency and uniformity.
3:00 p.m. to 4:00 p.m.
Prescribing Controlled Substances in TN: Understanding New Standards and Laws Amidst the Opioid Epidemic
St. Jude Children's Research Hospital, Inc.
In this session, Ms. Steuer will cover:
- Tennessee and federal guidelines on prescribing and dispensing controlled substances, including the new opioid law, TN Together
- Tennessee’s Prescription Drug Safety Act of 2016
- Tennessee Chronic Pain Management Guidelines
4:00 p.m. to 5:00 p.m.
DUAL: Ethical Online Marketing
David M. Anthony
Bone McAllester Norton PLLC
The rise of social media has changed the playing field for today’s attorney – using social media is a necessity not a luxury. Your presence online can give your potential clients the confidence they need to take the next step. Mr. Anthony will discuss how to remain ethical when marketing your law practice online, how to use blogs and social media to grow your practice, and options for online marketing. He will offer tips on why you should blog and what to blog about and what your website should and should not say and will give you real-life examples to put to use right away in your marketing plan. You’ll learn:
- How clients are using social media to find and engage with lawyers
- Law firm website essentials
- Lawyer blogs – types of blogs, why blog, and what to blog about
- LinkedIn, Facebook and Twitter – pros and cons
DAY 2 — Friday, November 16
8:00 a.m. to 9:00 a.m.
Real Estate Law Update: Recent Cases and New Statutes
Wesley D. Turner & Heather Derrick
Gullett Sanford Robinson & Martin PLLC
This 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 2018 legislative session.
9:00 a.m. to 10:00 a.m.
Calculating Economic Losses in Personal Injury and Wrongful Death Cases in Tennessee
Charles L. Baum, II, Ph.D.
Professor of Economics
This session will cover:
- Earnings Capacity: Lost earnings capacity when calculating economic losses includes lost earnings and lost employment benefits.
- Lost Household Services: In PI and WD cases, plaintiffs typically claim losses from lost household services, for the same reasons lost earnings capacity is included as part of economic damages.
- Personal Consumption Expenditures: In WD cases, but not PI or ET cases, forensic economists almost always deduct an amount that the decedent is projected to have spent on their own consumption, had they lived, from the economic losses.
- Growth Rates: Economic theory predicts earnings will grow over time due to inflation—as prices increase, wages typically do as well to maintain purchasing power—and due to productivity increases.
- Life and Worklife Expectancy: Worklife expectancy is often used when calculating front pay to estimate the number of years an individual would have remained in the labor force and been employed.
- Mitigation: Those harmed are typically responsible for taking reasonable actions to limit damage and offset losses with mitigating factors.
- Discounting: Tennessee courts expect economics experts to discount future losses to their present value to identify the lump-sum payment—paid in the present—that will grow when invested to the amount lost earnings and benefits would have been in the future.
- Interest: Interest on past (pre-judgment) losses may be allowed at the judge’s discretion in some instances, such as when damages are certain and are not disputed.
- Taxes: Tennessee courts have a long history of not deducting income taxes from compensatory damages such as lost earnings, although the earnings otherwise would have been taxed but any damages award will not be.
10:00 a.m. to 10:15 a.m.
10:15 a.m. to 11:15 a.m.
James Bryan Moseley
Moseley & Moseley, Attorneys at Law
Mr. Moseley will walk you through some practical ethical considerations when choosing your clients.
- Accepting representation of a client
- Withdrawing from representation: Optional and mandatory termination
- Discharge of counsel by a client
- Assisting the client upon termination
- Attorney’s liens
11:15 a.m. to 12:15 a.m.
Tennessee Uniform Limited Partnership Act of 2017
Thomas B. Norris, Jr.
Attorney at Law
In May of 2017, Tennessee enacted The Tennessee Uniform Limited Partnership Act of 2017, which will apply to all new limited partnerships formed on or after January 1, 2018, and limited partnerships created before January 1, 2018, that elect to be covered under the new Act. Thomas Norris, Jr., who was a member of the committee which drafted the new Act, will highlight the significant differences between the Tennessee Uniform Limited Partnership Act of 2017 and the preceding Tennessee Uniform Limited Partnership Act of 1988, and provide commentary on the Committee's decisions for the changes under the new Act.
12:15 a.m. to 1:15 p.m.
Lunch (included with registration)
1:15 p.m. to 2:00 p.m.
Business Valuation Essentials: Price and Value
Kraft Analytics, LLC
Attaching a number to a business or a business asset is key to executing any transaction or negotiation. So what’s the best way to arrive at figures everyone can agree on? Certified Valuation Analyst Joshua Hedrick will explain best practices in:
- Valuation of closely held companies
- Understanding the value gap
- Conducting background analysis – economic, industry, and financial
- Asset, income, and market valuation approaches
- Normalizing financial statements
- Valuation discounts
2:00 p.m. to 2:45 p.m.
Commonly Encountered Patent Law and Trade Secret Issues for Non-IP Lawyers
Rebecca M. Barnett
Mars Global Petcare
This program will cover the basics of patent law and trade secrets, including an introduction to patentable subject matter, what the non-IP practitioner needs to know about the patent procurement process, how to avoid common mistakes made by non-IP lawyers, and an overview of the costs, timeline and economic incentives associated with seeking either patent or trade secret protection. This program is for non-specialists and for lawyers who are in charge of intellectual property but don’t practice in the area.
2:45 p.m. to 3:00 p.m.
3:00 p.m. to 4:00 p.m.
Ethical Considerations in Trial Work
Wiseman Ashworth Law Group PLC
Every Tennessee attorney is obligated to know the rules and to act in accordance with their ethical duties. Nevertheless, the increasing complexity associated with the modern day practice of law, as well as increasing specialization, has led to a world in which compliance with ethical obligations is not always so simple as just sitting down and reading what the rules say. This session is designed to help you learn to manage jurors, evidence, witnesses, and opposing counsel in the most effective and ethical way.
4:00 p.m. to 5:00 p.m.
HIPAA & Attorneys
Bass Berry Sims, PLC
HIPAA isn't just a concern for healthcare providers and employers – it’s a serious compliance challenge for the attorneys and law firms that work with them. The HITECH Act has four tiers of monetary penalties, each corresponding to a different degree of culpability, and penalties hit on a per incident basis, subject to an annual cap of over $1.6 million for violations of the same provision (subject to annual increases). Law firms serving clients in the healthcare industry the risk of penalties for violations, as well as potential liability for a subcontractor's violations. In addition to contractual liability, a major violation would likely cause significant reputational damage to your firm and result in clients looking elsewhere for legal services – particularly since clients may face liability for your actions.
- Tools for patients and their attorneys
- How to determine if your HIPAA release is compliant, and how to fix it
- HIPAA/HITECH obligations for business associates
Nashville School of Law
4013 Armory Oaks Dr.
Nashville, TN 37204
*Convenient access to 1-65 and 1-440
* FREE PARKING
* FREE WIRELESS INTERNET ACCESS
Need directions? CLICK HERE
- $497 (full program)
- $427 (full program for additional attendees)
- $397 (full program for lawyers 65 and over and lawyers in practice for two years or less)
- $447 (full program less ethics)
- $297 (Day 1 only)
- $297 (Day 2 only)
- $147 (ethics only)
- $247 (materials)
15 hours of CLE (12 hours of GENERAL and 3 hours of DUAL)
Registration begins at 7:30 a.m. The conference begins at 8:00 a.m. and concludes at 5:00 p.m.
Lunch will be provided with registration!
To sponsor this event, please contact Olivia Al-Sadi at OAl-Sadi@blr.com.