April, 2009

Cover Story

Understanding Risks and Obligations in the Foreign Corrupt Practices Act

If you represent individuals or businesses that conduct any business internationally or are affiliated with foreign entities, you need to know about the FCPA - and what your clients can do to reduce their civil and criminal liability exposure.

President's Perspective

On March 3, the United States Supreme Court heard arguments in the case of Hugh M. Caperton, et al. v. A. T. Massey Coal Company Inc. This landmark case has its roots deep in the Appalachian hills of Buchanan County, Virginia, less than an hour's drive from the Tennessee line. Hugh Caperton bought the mine in 1993, and by the end of that year...

Book Review

Custer and the Little Bighorn: The Last Great Battle of the American West

This book will remain the last word on Custer's Last Stand. The details amassed by the author astound me. Especially impressive are his biographies of the Sioux and Cheyenne leaders.

It is not a book for the squeamish. There are graphic...

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.

2015 is the 800th anniversary of the Magna Carta. It is time to pause and ponder its importance and plan how to commemorate this...

Where There's a Will

Estate of Hurford

True or False: A terminally ill widow with a $14 million estate can leave everything to her children free of all federal gift and estate tax simply by signing a few documents.

Answer: False.

Multiple Choice Question: If you claimed the correct...


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.


Memphis law School names dean, Vanderbilt starts new search

Dr. Kevin Smith was appointed dean at the University of Memphis Cecil C. Humphreys School of Law in February. Smith had been serving as the interim dean since October 2007 and was one of four candidates being considered for the position. "I'm delighted to have the...


Justice 4 ALL is theme

Working with broadcasters across Tennessee, the Tennessee Bar Association has launched a campaign to build awareness of the access-to-justice crisis facing the state and highlight efforts being made by Tennessee attorneys to help those unable to afford legal help. The campaign video has been distributed to...


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


Paul F. McQuade of Washington, D.C. was reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education. He was suspended on Aug. 27, 2008.


A censure declares conduct improper but does not limit the right to practice law....
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

Tennessee Rule of Civil Procedure 36 is malpractice territory. As Churchill said at Leeds in 1942: "There are upon our journey dark and dangerous valleys through which we have to make and fight our way."

What can be requested? You can request that your opponent admit the truth of statements of fact (or "opinions of fact or the application of law...

But Seriously, Folks

I have been watching television now for over 56 years. Not in one sitting, mind you. I have gotten up from my Barcalounger from time to time to go to the bathroom or make a sandwich. And I did break away from the screen long enough to get an education, pass the bar exam, get married and raise a family. But other than that, I have pretty much been...