News

TBJ Columns Cover Crime, Books, Court

In the new issue of the Journal, columnist Wade Davies tells you the options for warrantless entry of a residence when an immediate decision must be made. Nick McCall reviews Death in the Baltic: The World War II Sinking of the Wilhelm Gustloff by Cathryn J. Prince, and editor Suzanne Craig Robertson finds General Sessions Court to be an eye-opening experience.

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New TBJ Explains Firms' HIPAA Obligations

Law firms acting as business associates to health care providers and other entities associated with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) must comply with large parts of the act. John V. Arnold's story in the April Tennessee Bar Journal outlines and explains what firms need to do. Also in this issue, Russell Fowler explores the history of lawyer Milton Brown, who in the 1830s took on an unpopular client because of his belief that everyone is entitled to legal representation. Also, Humor columnist Bill Haltom of Lewis Thomason shakes his head at the latest ranking of Top 100 Jobs from U.S. News & World Report -- and gives his thoughts on where "lawyer" comes in.

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Reduced-Rate Display Ads Available for Lawyers

Lawyers and firms now may promote outstanding achievements, new associates, new partners, mergers, awards or any other news in the Tennessee Bar Journal. These Professional Announcements are display ads, available at special, lower-rate pricing. Show your peers across the state about your accomplishments by placing an announcement in the Journal. For information, contact Patrick Finney at 800-647-1511, ext. 2244, or Patrick@llm.com. To have an announcement placed in the next issue, please contact him as soon as possible.

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If You Did It, Flaunt It With a TBJ Announcement

The Tennessee Bar Journal has a new opportunity for lawyers and firms to promote outstanding achievements, new associates, new partners, mergers, awards and any changes within the firm. Now, Professional Announcements are available at special, lower-rate pricing. You can tell more than 12,000 of your peers about your accomplishments by placing an announcement in the Journal. For information or to place an announcement, contact Debbie Taylor at 503-445-2231 or Debbie@llm.com. To have an announcement placed in the April issue, please contact her before Feb. 18.

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Paine Column on Thornton Trial, Judge Cotton's Book Reviewed

This issue includes another one of the late Don Paine's final "Paine on Procedure" columns. This month is "Law Student Kills Medical Student: The Trial of James Clark Thornton." Also in February, Chancellor Andrew Tillman reviews Judge James L. Cotton's new book, The Greatest Speech Ever: The Remarkable Story of Abraham Lincoln and His Gettysburg Address. The book includes a foreword by former Sen. Howard Baker Jr.

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TBJ Covers Wage Regulations Act, Social Security

This month in the Tennessee Bar Journal, columnists Edward G. Phillilps and Brandon L. Morrow cover the Wage Regulations Act, Monica Franklin discusses when to apply for Social Security -- and Bill Haltom worries about the possibility of airlines allowing cell phone conversations on board.

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TBA President Wyrick: AG Selection Should Not Change

Once again efforts to change the way Tennessee selects its attorney general are underway, writes TBA President Cindy Wyrick in her February Tennessee Bar Journal column. The state’s current method of naming the AG has led to the selection of some of Tennessee’s finest lawyers and keeps the office insulated from unnecessary politics, she argues in the piece. Read this month's issue to learn more about why Tennessee should not jump off the attorney selection cliff, but rather should maintain the current system. Then use TBAImpact to let your representatives know you do not want to see any changes in how Tennessee selects its top lawyer.

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Service Animals, Closely Held Corporations Headline New Issue

Chattanooga lawyer Samuel J. Gowin explains in the new Tennessee Bar Journal the differences among service animals, therapy animals and pets and what that means to your clients. Murfreesboro attorney Josh McCreary details the equities of business dissolution and oppressive conduct in closely held corporations. And don't miss the latest words of wisdom from the students of the Law Launch Project.

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Columns Cover Statute of Repose, Reproductive Rights, Don Paine

In this issue, President Cindy Wyrick and columnist John Day each give different views of the Statute of Repose, and Marlene Eskind Moses's column this month covers a little-known area of reproductive rights, assisted reproductive technology. Don Paine, who died in November, is remembered by editor Suzanne Craig Robertson and columnist Bill Haltom, who also gives tribute to John Smartt. You can also read a "Paine on Procedure" column written by Paine before his death.

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'Journal' Outlines Pro Bono Options, Honors Heroes

The January Journal shows you the many ways there are for you to do pro bono work -- it's easy to choose one and begin. You'll be inspired by the stories of the TBA's Public Service Award winners and other access-to-justice-related stories. Also in this issue, Brian Faughnan walks you through the new Tennessee Supreme Court Rule 9.

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TBJ Covers Jobs, Money Laundering, Estate Planning for Same-Sex Couples

About 25 percent of the students in The Law Launch Project have jobs lined up after graduation -- the Tennessee Bar Journal checks in on them and how the job searches of the other three-quarters of the group are going. Also in this issue, columnists Kathryn Reed Edge covers money laundering, Eddy R. Smith discusses estate planning for same-sex couples, and Bill Haltom has discovered a new toy -- a coloring book for lawyers.

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Email May Not Be Private, Paine Column About Perry March

Email communications -- even between attorney and client -- may be admissible. Find out how to protect electronic client communications in a Tennessee Bar Journal article by Nashville lawyers Kimberly Stagg and John E. Anderson Sr.  Also in the December Journal, read about the Perry March murder trial in a column by the late Don Paine, who died in November. Paine wrote several of his "Paine on Procedure" columns ahead of time, so readers will enjoy his writing for several more months.

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Read Top 10 Changes to Tennessee's Uniform Trust Code

Tennessee's trust law underwent sweeping changes earlier this year, with the explicit goal of making Tennessee a leading contender in the national race for trust business. Tennessee practitioners can learn the top 10 changes by reading the feature article in the new December Journal by the lawyers of Knoxville's Holbrook Peterson Smith PLLC. Note that the printed version of this article contains minor formatting issues, but the online version is correct. Read the text version here or download a pdf. To kick off this holiday month, Tennessee Bar Association President Cindy Wyrick imagines in her column, "It's a Wonderful Association, Thanks to You!" what the state's legal landscape would look like if the TBA had never been "born."

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TJC Foundation Seeks Donations for Paine Scholarship

In honor of the late Don Paine, the Tennessee Judicial Conference Foundation is accepting donations for the Donald Franklin Paine Scholarship. The scholarship is the organization’s largest endowment and rotates annually among students at each of the law schools in Tennessee. In a recent email, foundation president and retired judge Eddie Beckner encouraged Tennessee judges and lawyers to honor Paine's memory with a contribution to the fund. Those wishing to donate, should make checks payable to the Tennessee Judicial Conference Foundation and mail them to the attention of Suzanne Keith, Treasurer, 1903 Division St., Nashville, TN 37203.

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Visitation for Paine Set for Sunday Afternoon

Friends of Donald F. Paine will be received at Mann Heritage Chapel, 6200 Kingston Pike, Knoxville 37919, on Sunday (Nov. 24), from 2 to 4 p.m. Burial will be at a private service at Old Gray Cemetery. Paine died early Monday morning (Nov. 18) at the age of 74. In lieu of flowers, the family asks that donations be made to Legal Aid of East Tennessee, 502 S. Gay St., Suite 404, Knoxville 37902. Read more about Paine's life in this press release from his firm, Paine, Tarwater, and Bickers, or read remembrances from those who worked with him, learned from him, served under his leadership at the TBA in 1986-1987, or benefited from his friendship.

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Knoxville Lawyer Don Paine Dies

Knoxville attorney Donald F. Paine died early Monday morning (Nov. 18). He was 74. A former president of both the Knoxville and Tennessee Bar Associations, Paine also was a founder of the Tennessee Law Institute and a well-known speaker and author. He was a founding member of the Tennessee Bar Journal Editorial Board and wrote a monthly column for the magazine, "Paine on Procedure," since 1989. A graduate of the University of Tennessee College of Law, Paine was of counsel with the firm of Paine, Tarwater, and Bickers LLP. Among awards he had received were the Knoxville Bar Barristers Law and Liberty Award, the Knoxville Bar Association Pro Bono Award, the Tennessee Bar Association Pro Bono Award and the Chancellor's Award from the University of Tennessee. He is the only adjunct faculty member to receive that award.

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Humor: Football Game Prayers and '1st Church of Neyland'

Prayers in Knoxville's Neyland Stadium were never more needed, especially after last Saturday's Auburn game, and Bill Haltom is ready. In this month's humor column, Haltom gives a testimonial about football-game prayers and the First Church of Neyland, where its 100,000 members "pass the orange offering plate seven times a year." Read "Meet me at the 50 … and bring your lawyer" in this month's Journal.

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Paine Explains Lay Opinion, Reviews Lindbergh Book

In the November issue, Tennessee Bar Journal columnist Donald F. Paine explains lay opinion, using as his example the trial of current death row inmate Jerry Ray Davidson. Paine also reviews the book The 16th Rail: The Evidence, the Scientist and the Lindbergh Kidnapping, by Adam J. Schrager, which Paine heartily recommends.

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Copyright Infringement Awards, Increases for Appointed Counsel Covered in This Issue

Nashville lawyer Tim Warnock writes about the best ways to set an appropriate award of statutory damages in a copyright infringement case in the latest issue of the Tennessee Bar Journal. In his regular column, Knoxville lawyer Wade Davies discusses policy changes on mandatory minimum sentences in federal court, rate increases for appointed counsel and more. The Tennessee Supreme Court has raised the caps on payment for counsel representing indigent defendnats in non-capital first-degree murder and Class A and B felonies, Davies writes.  "If anyone thinks people are getting wealthy from representing poor people at state expense, take a look at the rule. The rates have not changed since 1994. The state pays $40 per hour for out-of-court work and $50 for in-court, which does not include the time spent in court waiting."

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New TBJ Features Update on Med Mal

In the November issue, out today, the Tennessee Bar Journal looks at the Tennessee Medical Malpractice Act five years after two important statutes were enacted. Clinton L. Kelly writes about how the appellate courts have interpreted the notice statue and the certificate of good faith law. Also, don't miss words of wisdom from the students of the Law Launch Project, such as: "A group of people thrown into a pit of hell together will either kill each other or band together to fight the evil forces. I think in law school it happens both ways."

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Medicare Terms Still Make a Difference After 'Bagnall' Ruling

In her recent "Senior Moments" column, Knoxville lawyer Monica Franklin details the differences in the Medicare world between the terms "observation" and "admission." The use of one or other of the words can make a huge difference in whether your client will incur extra costs for the hospitalization and whether your client will receive the Medicare benefit to pay for skilled care in a rehabilitation facility. In the column, Franklin references Bagnall v. Sebelius, which at the Journal's press time was pending. Late last month, Judge Michael P. Shea ruled against the plaintiffs and granted the government's motion to dismiss the action.

The plaintiffs' main substantive claim was that observation status violates the Medicare statute because it deprives them of coverage they are entitled to by law. The judge dismissed this claim by relying on a federal appeals court case that held that it is permissible for Medicare to consider someone an inpatient only if she has been formally admitted by a hospital. Franklin notes that the Improving Access to Medicare Coverage Act of 2013 (H.R. 1179), currently in the Subcommittee on Health, provides that a three-day stay in the hospital, regardless of observation or admission status, would allow a Medicare beneficiary to receive benefits to pay for skilled care in a rehabilitation facility.

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Columnists Cover Retaliation, How to Handle a Neighbor's Tree

In this issue of the Journal, Edward Phillips and Brandon Morrow write about retaliation claims and how standards are more difficult under "Nassar" and "Ferguson." Don Paine tells you what the law is when a neighbor's tree's limbs and roots cause problems across the property line. Paine also reviews Duel with the Devil: The True Story of How Alexander Hamilton and Aaron Burr Teamed Up to Take on America’s First Sensational Murder Mystery.

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'Father of Pro Bono' Featured for Pro Bono Month

October is Pro Bono Month, a good time to learn about one of Tennessee's "fathers of pro bono," Pleasant Miller. Read about him and his 19th century colleagues in this Tennessee Bar Journal article by Legal Aid of East Tennessee's Russell Fowler. Don't miss TBA President Cindy Wyrick's column, in which she dreams big about her hope for the profession.

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Law Launch: 3Ls Blog about Life, Law School, Future Careers

This fall, about 740 students in Tennessee began their final year of law school and the daunting task of finding a job after graduation to pay for it. Also facing this year's 3L class is a profession that many say is in the middle of dramatic change. Technological advances and fallout from the recent recession have altered the legal landscape, leaving law students with the challenge of maneuvering their careers in a climate of uncertainty. Have the last few years just been an aberration or are they a sea change? We’ll see what happens with 15 law students as they blog about their experiences this year on The Law Launch Project.

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Learn About Comparative Fault, Cemetery Law

John Paul Nefflen writes about comparative fault in audit malpractice cases in this issue of the Tennessee Bar Journal.  Also, Don Paine explains "cemetery law" -- and a surprising situation involving the body of a former Tennessee Supreme Court justice.

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