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Tennessee Bar Journal
November 2009 • Vol. 45, No. 11
Cover Story Cover Story

END OF THE ROAD

New Tax Law Closes FONCE Exemption: Fresh Strategies Needed for Clients with Family-Owned Companies

The FONCE

Prior to July 1, 2009, “Family Owned” “Non-Corporate Entities,” the activity of which was “Substantially All” “Passive Investment Income,” did not pay any Tennessee franchise and excise taxes. This tax exemption was referred to as the Family Owned, Non-Corporate Entity Exemption or FONCE, and was codified at the former Section 67-4-2008(a)(11) of the Tenn. Co...
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Feature Story

Fiduciary Fraud: An Invitation to Sue Banks

We know too well from media headlines that fiduciary fraud can be a common occurrence. Fiduciaries, such as corporate officers, sometimes embezzle money from their corporations. Other fiduciaries, such as guardians, conservators, and estate administrators, sometimes embezzle money from their principals. Sadly, lawyers sometimes steal from their clients.
 
When this type of fraud occurs, the victim is many times unable to collect from the fiduciary, bec
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President's Perspective

Go Green!

The TBA Environmental Law Section has agreed to help me promote a Green Initiative for members, law firms and offices in all practice settings throughout this bar year. As part of the Green Initiative, the TBA will provide information in upcoming issues of the Tennessee Bar Journal and other TBA publications on ways that you, your firm or your office can implement conservation practices that will help make a significant impact on the environment.
 
Please let me know if you would like t
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Letters of the Law

Other Death Penalty Study Committee Member Sees It Differently

I am writing in response to the article in the September issue of the Tennessee Bar Journal by Bill Redick [“Is Tennessee Going to Fix Its Death Penalty?, vol. 45, no. 9, Tenn. B.J. (2009)] on the work of the legislature’s death penalty study committee. I served as the representative of the Attorney General’s Office on the committee.
 
While Mr. Redick’s article contains several unfounded generalizations about this office, I wo
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News
Comment by Nov. 30

Amendments to Appellate, Civil and Criminal Procedure Rules

Discovery of insurance coverage and changes to rules on providing that inadvertent disclosure does not waive a privilege are among those being considered in more than a dozen amendments to the Rules of Appellate, Civil and Criminal Procedure and Rules of Evidence published by the Tennessee Supreme Court. The court is inviting public comment on the proposals from its advisory commission, not later than Nov. 30. Various s
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People

TBA Task Force on Judicial Conduct Rules Named

Chattanooga lawyer Max Bahner, a shareholder at the law firm of Chambliss, Bahner and Stophel PC, has been named chair of the TBA Task Force on Judicial Conduct Rules. The task force and its members were appointed by TBA President Gail Vaughn Ashworth to study Tennessee’s judicial ethics rules, last amended in 1997, to consider whether revisions are needed. Bahner, a senior member at the firm, practices in the litigation section. He is also an AAA
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Disciplinary Actions

Reinstated

Knoxville attorney Steven Lee Williams was reinstated to the practice of law by order of the Tennessee Supreme Court on Aug. 25. He was temporarily suspended on July 31 for failing to respond to a complaint of misconduct. 

The following attorneys have been reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees:
Le’Dell Sanders Joiner, Las Vegas, Nev.
Ungyong Kim, St. Louis, Mo.
Heather Kirksey, Me
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Day on Torts

Party Planning for Tort Lawyers

Litigation in a world of comparative fault and several liability involves party planning. Planning a party is hard work. One essential component of the party planning process is determining who to invite, and party planning by committee presents a whole new set of challenges. Everyone agrees that some people must be at the party. Everyone agrees that certain people should not be there. And, while everyone agrees that the party should occur on the selected date, the
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Paine on Procedure

Federal Time Computation and Time Periods in Civil Actions

On Dec. 1, 2009, significant amendments to the Federal Rules of Civil Procedure will take effect. Most important is elimination of current Rule 6(a)(2), which excludes intermediate Saturdays, Sundays and legal holidays when the period is less than 11 days.
 
This change came about because of an opinion from our own Sixth Circuit, Miltimore Sales Inc. v. International Rectifier Inc., 412 F.3d 685 (2005). The timeliness of an attorney fee a
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But Seriously, Folks

Howard Baker: ‘The Other Guy May Be Right’

Is it just me, or is everyone in America suddenly spring-loaded in the hacked-off position? Unfortunately, we lawyers see it every day. Walk in to any courthouse in the Volunteer State, and you will hear lawyers calling each other liars or horse thieves or no-count scoundrels and seeking sanctions for discovery disputes that ought to be resolved in a phone call. And it’s not just lawyers who are downright rude. You see it these days in politics, sp
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Classifieds
 
Links from November 2009
 
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