May, 2009

Cover Story

Before your clients say these words, make sure they know the WARN Act

It is early 2009 and the United States remains mired in a recession. In an effort to cut costs, businesses are reducing staffing through buyouts, retirements, and layoffs (reductions in force, or RIFs). Such efforts have resulted in a surge in job losses: In December 2008 the...

President's Perspective

Studs Terkel, author of the classic history of the Great Depression Hard Times, passed away Oct. 31, 2008. Studs never saw most of this recession we are in now. His account of the Great Depression illustrates the stark differences and haunting similarities between 1934 and 2009.

In one interview, a San Francisco waterfront laborer told...

Book Review

By Jon Meacham | Random House | $30 | 512 pages | 2008

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.

Day on Torts

Everyone knows that Tennessee has rejected the historic invitee, licensee, and trespasser method of determining duty in premises liability cases.[1] Today, we know that when determining the duty that possessors of land owe to a particular plaintiff the court "balances the foreseeability and gravity of the potential harm against the feasibility and...

Membership Maven
Kelly Stosik

Merry Christmahanakwanzika!

I just adore modern-day holidays! In fact, modern changes of all types make me so very happy, happy, happy!

The TBA has some modern change possibilities for members if you’re interested … you’re intrigued, I can tell!

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

The Tennessee Bar Foundation inducted its 2008 class of Fellows in January at a dinner in Nashville. New fellow are:
Paul A. Bates, Lawrenceburg
Mark S. Beveridge, Nashville
Judge Joe P. Binkley Jr., Nashville
Judge Jeffrey S. Bivins, Franklin
Andrew C....

News

TBA Young Lawyers Division

White Station High School's Green Team claimed the state mock trial title in March, defeating Battle Ground Academy of Franklin in the 29th annual Tennessee State High School Mock Trial Competition. The team, which is coached by Memphis attorneys Eugene "Buddy" and Michelle Bernstein, will represent...

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

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
Matthew Edward Davis, Gilbert, S.C.
Nicole Pyne, Salt Lake City, Utah
Darren E. Ridenour, Knoxville

...
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

Occasionally a lawyer or judge fusses at me about the work product of the Advisory Commission to the Supreme Court on Rules of Practice and Procedure. I tell these fussbudgets that I am merely Reporter to the Commission and am not allowed to vote. Then I explain the procedure, which may be of interest to you readers.

We meet four times annually by...

But Seriously, Folks

When I first heard my fellow lawyers using the word "twitter," I thought they were referring to the little birdie who co-starred on the Bugs Bunny Show ("I taught I taw a putty tat!") or a famous country music singer ("Hello, darling! Nice to see you! It's been a long time!") Recently, a young female attorney asked me whether I "twitter," and I was...