Tennessee Bar Journal
September 2010 • Vol. 46, No. 9
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 | Cover Story
Follow the MoneyThe trustee uses ‘claw backs’ to retrieve certain payments of principal and profits paid by the schemer to investors during the two-year period prior to the filing of the bankruptcy petition. Massive Ponzi schemes[1] have crumbled in recent years, leaving thousands of victims seeking both answers and compensation for losses mounting in the billions.[2] A federal bankruptcy case may ensue to sell what is left of the schemer’s assets, recoup claims owed to the estate, and dis ...
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Feature Story
Federal and State Securities Offer Exemptions for Tennessee Small BusinessesFrom Fortune 500 companies to technology and biotechnology start-ups to the smallest family businesses, Tennessee is home to some of the best companies in the world. The overwhelming majority of the business entities located in Tennessee are small, privately held companies, and many of these companies will, at some point in their existence, seek to raise capital by selling interests in the company, commonly referred to a
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Feature Story
The Trials of Maude MooreDuring the night of Monday, Sept. 8, 1919, Maude Moore fatally shot Roy Harth near Bearden, west of Knoxville. Who Was Maude Moore?She was born Maudene L. Moore on July 6, 1893, at Emporia, Kansas, the daughter of Barnard Vandevort Moore and Nellie S. Moore. When Maude was a young girl the family moved to the new Oakwood development in North Knoxville. Her father worked at the nearby Southern Railway Coster Yards. Maude was educated at Lincoln Park School, the county high ...
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President's Perspective
The 200-Page DecisionFrom a modern perspective, one of the most obscure intervals in Tennessee history is the period after the adoption of the Constitution of 1870, in which the settlement of the state debt was a bitterly divisive issue. By way of background, the state first issued bonds in 1832. Substantial debt began to to be incurred in 1852, as Tennessee, like other states, provided public support for railroad projects. Other money was borrowed for completion of the Capitol, for purchasing ...
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News
Association AccoladesTBA recognized for public and member services, access to justice It’s been a good summer for the Tennessee Bar Association, as recognition for good work keeps piling up. Statewide and nationally, the TBA and its Young Lawyers Division have been honored for continuing legal education and several public service programs. TSAETwo Tennessee Bar Association programs were named the best in the state by the Tennessee Society of Association Executives (TSAE). The TBA’s Court Squa ...
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Disciplinary Actions
ReinstatedOn June 30, Carthage attorney Jacquelyn M. Scott was reinstated to the practice of law. She was suspended on April 22, 2009. Scott filed a petition for reinstatement in December 2009 and the Board of Professional Responsibility determined that Scott had the moral qualifications, competency and learning in the law required to practice law and that her reinstatement would not be detrimental to the integrity or standing of the bar or the administration of justice, or subversive to the pub
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People
The Tennessee Lawyers Association for Women inducted new officers and board members at its annual meeting in June. Among the new leaders are the following TBA members: President Rebecca C. Blair with Day & Blair in Brentwood; President-elect Wynne Hall with Paine, Tarwater & Bickers LLP in Knoxville; Treasurer Linda W. Knight with Gullett, Sanford, Robinson & Martin PLLC in Nashville; Recording Secretary Debra L. House with Legal Aid of East Tennessee in Knoxville; Corresponding Secretaries Chri...
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Paine on Procedure
Keeping Your Lawsuit AliveAs Shakespeare eloquently reminds us, our deaths are inevitable. But negligently letting a lawsuit die from failure to timely serve a defendant is evitable. Let us begin with Tennessee Rule of Civil Procedure 3, controlling in Circuit and Chancery Courts. You have 90 days from issuance of the summons to serve the defendant. By the way, do not intentionally cause delay of prompt service. If you do, filing of the complaint is ineffective and statutes of limitation and repo ...
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Family Law
An Overview of Tennessee’s Burgeoning Alternative Dispute Resolution Process: Collaborative LawA. HistoryCollaborative Law, an alternative dispute resolution process, was started in the 1980s by Stuart G. Webb, a family and divorce attorney in Minnesota.[1] Collaborative Law is defined as a voluntary, nonadversarial, problem-solving, interdisciplinary approach to resolving disputes.[2] The hallmark of Collaborative Law that distinguishes
this process from other alternative dispute resolution pr ...
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But Seriously, Folks
Coming Soon: Your New and Improved Law School TranscriptThirty-two years ago, I graduated from the Big Orange College of Law. I honestly don’t recall my class standing or my GPA. I have conveniently forgotten both. Suffice to say I did not graduate summa cum laude. I did not graduate magna cum laude. In fact, I graduated thank you laude or laude have mercy. I may have been the only student in the history of the University of Tennessee to socially pass law school.
Well, my brother and sister lega...
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