December, 2008

Cover Story

ESI: Tennessee

On June 26, 2008, the Sixth Circuit issued an important decision in the quickly-growing body of law governing electronic discovery. It exercised the rare power of mandamus, finding that the district court had abused its discretion in issuing a broad order of preservation and protection regarding electronically...

President's Perspective

My mom always tried to make every Christmas perfect. Throughout the entire year, she collected wonderful items to put in our Christmas stockings. She put red bows in the holly bushes in front of our house and twinkling lights in the azalea bushes. She ordered country ham from my uncle's little grocery store in Nashville and sourwood bee honey for my dad...

Book Review

By the time you read this, the smoke will have cleared from the tumultuous race for president of our United States of America. At the early voting venue I considered casting a write-in ballot for James Knox Polk. But he died on Friday, June 15, 1849.

Mr. Borneman has written the best biography of Polk. I recommend that you purchase and read it....

History's Verdict

The Tennessee Bar Journal welcomes a new column this month. Russell Fowler will look to the past to help inform the practice of today in “History’s Verdict.” His column will appear three times a year.

Where There's a Will

Here's a problem for some of your estate planning clients: on Jan. 1, 2009, the federal estate tax exemption[1] rises to $3.5 million, up from $2 million in 2008.[2] Since current law would repeal the estate tax completely in 2010 but then return it in 2011 to pre-2001 levels, Congress and President Obama are highly likely during 2009 to freeze the...

Membership Maven
Kelly Stosik

Dear Maven,

What is going on with the Affordable Care Act and the upcoming 2015 open enrollment period?!

I have a family and a small firm and I need to know all of my options. I know the ACA has changed the way we consume health insurance but where do I find...

Success!

The Tennessee Bar Association was recognized in October with three Luminary Awards from the National Association of Bar Executives. The Tennessee Bar Journal earned a Luminary Award for The Law Launch Project, which followed 15 law students through their last year of school.

People

Recently retired Tennessee Supreme Court Chief Justice William M. Barker has joined the Chattanooga firm of Chambliss, Bahner & Stophel PC, where he will serve in the litigation section and practice in the areas of mediation, arbitration and alternative dispute resolution. A native of Chattanooga, Barker entered the private practice...

News

Deadline to qualify is Feb. 15

During 2009, the following officers, governors and delegates of the Tennessee Bar Association (TBA) will be elected as set forth in the association's bylaws:

TBA Officers and Board of Governors' Officers

A vice president (from the West Tennessee Grand Division " elected by...

Passages

Former Criminal Court Judge and TBA senior counselor FRED A. KELLY died Sept. 27 at the age of 93. Kelly graduated from the University of Tennessee and later served in World War II, earning the rank of captain. He graduated from Vanderbilt University Law School in 1948 and began practicing law in Gallatin. A native of the city, he went...

Licensure & Discipline

Court of the Judiciary

Bedford County General Sessions Judge Charles Rich of Shelbyville received a public letter of reprimand from the Tennessee Court of the Judiciary on Oct. 10 for failing to make findings of fact and continuing to act on a case after recusing himself. In the first instance, the court found that Rich failed...

Crime & Punishment

Corporate crime is big news. Lawyers practicing in Tennessee face an increasing likelihood of being asked to assist business clients in responding to an allegation of criminal wrongdoing. To protect the business and to avoid inadvertent harm to others (and your license), counsel must both understand the attorney-client privilege of an organization.

Paine on Procedure

I often shake salt into my glass of beer. Because of weird health problems, I must replace sodium loss constantly. I'm glad I never encountered Steve White. He tried to kill business partner and neighbor Phil Rouss with mercury and arsenic, the latter poison being poured into Rouss's beer.

The facts are detailed by Judge Tipton in State v....

But Seriously, Folks

Tennessee, where the men are men, and the women are ... Supreme Court Justices!