November, 2011

Cover Story

On Sept. 16, President Obama signed into law the Leahy-Smith America Invents Act (the America Invents Act).[1] This legislation implements the most significant statutory changes in U.S. patent law in decades. Many of these changes will alter the impact of the U.S. patent system on your clients’ business. The changes are phased in over time, with some...

President's Perspective

Thanksgiving is my favorite holiday of the year. It has all of the best parts of what Christmas should be but sadly often isn’t, including family and a time to reflect on the blessings in our lives. It always amazes me when I see folks living in true poverty whether here in Tennessee or in some foreign country and these folks display a grateful heart. In...

Letters of the Law

I have to thank my good friend Bill Haltom for his very kind comments in the “But Seriously, Folks” column for October 2011, commemorating the Knoxville Bar Association’s recent Seersucker Flashmob (“A Summer Celebration of Seersucker Sartorial Splendor”). Bill’s kindness to my sartorial sense was most greatly appreciated, but in all fairness, full...

Book Review

By John Hollins Jr. | Eveready Press | $25 | 168 pages | 2011

John Hollins Jr.’s new book, Surviving Divorce, may become the divorce lawyer’s new mandatory handout for divorcing parties.

Motivated by H. Jackson Brown’s work, Life’s Little Instruction Book, Hollins delineates tidbits of wisdom on the divorce...

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...

Membership Maven
Kathy Prescott

Dear Maven,

What’s going on at TBA? You seem to be running around and out of breath a lot lately. Are you training for a marathon? Is there something I should know about?


Dear Mr. C.,

I am a little frantic this time of year!

Spring is in the air and...


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.


Davidson County General Sessions Judge Daniel B. Eisenstein was honored with the 2011 Friend of NAMI Tennessee award by the National Alliance on Mental Illness during the organization’s recent conference in Nashville. The award recognizes Eisenstein for his long career helping people with mental illness and providing diversion, treatment...


Tennessee judges and attorneys have partnered to create a new program for educating students, community groups and business organizations about the legal system. The Tennessee Judicial Conference (TJC) and Tennessee Bar Association (TBA) developed the GAVELS program, which stands for Gaining Access to Valuable Education about the Legal System, to fill...


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

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

Jean-Jacques Rousseau wrote that a “great princess” was heard to say about the hungry French peasants: “Let them eat cake.” Through the ages to the present day folks have taken as truth that Marie Antionette was the declarant.

But she never said it. She was notable for her compassion toward the masses. The legend is utterly false. See Antonia...

But Seriously, Folks

College basketball season starts this month, and I already have some great news for round ball fans across the Volunteer State. It’s news you’re going to love whether you’re a fan of the Memphis Tigers, the Vanderbilt Commodores or the Tennessee Gentlemen Vols. (I refer to the Tennessee men’s basketball team as the “Gentlemen Vols” to distinguish them...