July, 2013

Cover Story

In two recent decisions, the Supreme Court addressed the doctrine of “exhaustion,” also known as the “first sale” doctrine, finding that self-replicating genetically-modified seeds do not trigger the doctrine, but imported books do. While the unanimous rejection of the first sale doctrine in Bowman v. Monsanto[1] signaled a victory for patent holders in...

President's Perspective

It is with great humility and pride that I write my first column as the 134th president of the Tennessee Bar Association. I am following a series of great association presidents, including our Immediate Past President Jackie Dixon. I have actually been a certified “bar junkie” since my days as a student at the UT College of Law. People often ask me why I...

Letters of the Law

That Was a Close One

This letter was written to Kathryn Reed Edge about her June “Bank on It” column.

Katie, thanks for your excellent “Bank Robbers” article in the current Tennessee Bar Journal. Although, regrettably, I do not have any of the Butcher political memorabilia which you seek, I do have a story which you...

Book Review

By Laura A. Zubulake | Laura A. Zubulake | $25.95 | 230 pages | 2012

By 2001, Laura Zubulake made $650,000 annually as a 20-year veteran on Wall Street. Her employer, a major Wall Street firm, fired her that same year claiming that her performance was poor. Ms. Zubulake believed that the firm discriminated against her because of...

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,
Fall is such a nice time of year…the leaves are changing colors, the air is getting cooler and college football is in full swing.  And, then BAM, it’s time to get health insurance!  I need a quick solution to this dilemma.  What can I do???




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.


Baker, Donelson, Bearman, Caldwell & Berkowitz recently elevated four lawyers to shareholder status. Ben Bodzy, who works in the firm’s Nashville office, represents management in labor and employment litigation. He earned his law degree in 2004 from the Dedman School of Law at Southern Methodist University. The others, Jay...


Gov. Bill Haslam has signed into law the first major revisions in more than a decade to the state law that governs the process of placing state residents under the control of a court-appointed conservator.

The new statute, to take effect July 1, was the product of a series of hearings held across the state by the TBA. Speaking about the...


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


Knoxville lawyer Whitney Suzanne Bailey was reinstated to the practice of law on May 31 by order of the Tennessee Supreme Court subject to several conditions. The conditions include an evaluation by the Tennessee Lawyers Assistance Program and engagement of a practice monitor. Bailey, who had been temporarily...

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

Death is inevitable, and sometimes it happens while a lawsuit is pending. What can we do to keep the action alive?

But Seriously, Folks

Several years ago, a very distinguished-looking man began to appear on TV commercials. He wore a beautiful suit, had a stethoscope around his neck, and stood in front of a bookcase filled with medical journals. He looked for all the world like the Surgeon General of the United States holding a press conference at the Mayo Clinic. He then solemnly...