News

Message and Survey from the Chair

Welcome to the start of the TBA Corporate Counsel Section calendar year. I am Brad Hendrix, the incoming Corporate Counsel Section chairman, and this year, our Executive Council wants to make your Section membership even more beneficial to your practice. 
 
As you know, each year our Section presents the always-great spring Corporate Counsel Forum. The primary drawbacks to the Forum, however, are that it takes place in Nashville (which is great if you’re in Nashville, not so great if you’re located in Memphis, Chattanooga, Knoxville, Jackson, Johnson City, Bristol, etc.) and that it only occurs once a year. This year, we want to take the show on the road, and not only provide you with great resources for your corporate counsel practice but also put you in contact with your peers in our practice area.
 
As you would expect, our Section membership roster is diverse, consisting of both in-state and out-of-state members, along with members practicing in-house, in-government, and in private practice. In addition, our in-state membership is spread far and wide – from Memphis, all the way Bristol, and everywhere in between. To bring the Section closer to you and to interact on a more regular basis, we want to assign each member into regions so that we can plan events (either CLEs and/or social gatherings). Initially, the regions will be centered around our major metropolitan areas: Nashville, Memphis, Knoxville and Chattanooga. We will also want to have an out-of-state region, possibly for some on-line offerings. If interest is sufficient, we can also create regions in other cities around the state as well.
 
In order to get this project off the ground, we need your input and support. We have created a SurveyMonkey for you to fill out. You can click on this link, and it will take you to the survey. 
 
The survey asks for your preferred contact information, your preferred region, your interest in attending such an event and, if so, your interest in helping organize (or hosting) an event in your region. It should only take a couple of minutes to complete, but we would really appreciate your input and involvement.
 
Of course, if you have any feedback, suggestions (or if you want to go ahead and volunteer to help out), please let myself, TBA Sections and Committees Coordinator Wil Hammond, or any of the Executive Council know. You can email me at brad.hendrix@cblproperties.com.
 
Thank you for membership in the TBA Corporate Counsel Section, and we’re looking forward to a great year.
 
Brad Hendrix

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Global & Tennessee Specific Trade & Investment Perspectives & Policies for 2018 & Beyond

 
The International Law Section of the Tennessee Bar Association is sponsoring a free seminar “Global & Tennessee Specific Trade & Investment Perspectives & Policies for 2018 & Beyond” to be held on Thursday, Nov. 2 from 6:00 p.m. – 7:30 p.m. at Nashville School of Law, Appellate Courtroom, 4013 Armory Oaks Drive, Nashville, Tenn. 
 
The speakers on the panel include:
  • Terry Olsen, Chair of the TBA International Law Section, as Moderator
  • Clay Banks, Regional Director of Tennessee Department of Economic & Community Development
  • James Forde, Prosperity and Economics Officer of British Consulate General, Atlanta
  • Ms. Joanne Chu, Director of Hong Kong Economic and Trade Office (New York)
  • Mr. Michael Kwan, Deputy Director of Hong Kong Economic and Trade Office (New York)
The seminar will provide an overview of the global & U.S. trade & investment landscape as it concerns Tennessee for 2018 & beyond, and both policy & legal views of the ever-changing global standard of Tennessee in the international investment environment.
 
Attendees will also have the opportunity to have direct interactive discussions with the speakers at the end of the seminar.
 
The panel discussion will last from 6pm thru 7pm, and then followed with a FAQ session for attendees, along with a light reception of beverage & desserts. 
 
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Check Out Latest Corporate Counsel CLE Package

Wellness programs, legal technology and recent developments are included in the 1-Click package for corporate counsel attorneys. Speakers include Stacie Caraway of Miller Martin PLLC and Fredrick Bissinger of Wimberly Lawson Wright Daves & Jones PLLC. 

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FedEx Names New General Counsel

FedEx Corp. has named Mark R. Allen as the next general counsel of the company, the Memphis Business Journal reports. Allen will also serve as executive vice president and secretary, effective Oct. 1. He’s been with the corporation since 1982, and succeeds Christine P. Richards in the role.
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Corporate Counsel Package Now Available

Wellness programs, legal technology and recent developments are included in the 1-Click package for corporate counsel attorneys. Speakers include Stacie Caraway of Miller Martin PLLC and Fredrick Bissinger of Wimberly Lawson Wright Daves & Jones PLLC.

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Chattanooga Lawyer Named to Board of National Legal Group

Chattanooga lawyer Marc H. Harwell has been elected to the Board of Directors of the Federation of Defense and Corporate Counsel. An attorney with the firm of Leitner, Williams, Dooley & Napolitan PLLC, Harwell also serves as the appointed chair of the group’s Construction Section and vice chair of its Transportation Section, Admissions Committee and Projects and Objectives Committee.

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Item of Interest

Below is an article that was published in the the Disability Section Connect. We thought it had information that would be of interest to those of you in this section as well.  

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First Tennessee v. Pinnacle Financial to Head to Trial

A legal battle between First Tennessee Bank and Pinnacle Financial Partners over the latter’s entry into the Memphis market is set for a jury trial, the Memphis Daily News reports. Shelby County Chancellor Jim Kyle yesterday denied a motion for partial summary judgment made by First Tennessee. The action was first brought in 2015 originally only against Damon Bell, the First Tennessee executive vice president recruited by Pinnacle to serve as its Memphis president. The recruitment was a culmination of secret efforts to recruit Bell and others while they were still employed by First Tennessee, the 2016 amended complaint alleges.
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Wall Street Firms Score Victory in SCOTUS SEC ruling

The U.S. Supreme Court today scaled back the Securities and Exchange Commission’s ability to recover ill-gotten profits from defendants’ misconduct, finding that the SEC’s recovery method known as “disgorgement” is subject to a five-year statute of limitations, Reuters reports. The unanimous ruling sided in favor of investment advisor Charles Kokesh, and signaled a win for Wall Street firms that fought to limit the SEC’s powers. In the opinion, Justice Sonia Sotomayor said that disgorgement counts as a penalty and is subject to the same statute of limitations that already exists for all other penalties. 
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Corporate Counsel: Recent Developments in Employment Law

Corporate counsel attorneys, what do you need to know about changes in employment law? Attorney Stacie Caraway appears in a CLE available on the TBA website to give an overview of recent developments. Topics include court, agency and legislative developments.
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SCOTUS Ruling on Printer Cartridges Has Major Retail Ramifications

A U.S. Supreme Court ruling on printer toner cartridges this week protects a consumer’s “right to tinker,” The Washington Post reports. The Court found that in Impression Products v. Lexmark, Lexmark’s patent rights on their toner cartridges were not violated by Impression Products refilling Lexmark cartridges at a cheaper price. The decision has implications for companies that try to use patent law to restrict what consumers can do with their products after purchase. 
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Supreme Court Amends Rule 7

The Tennessee Supreme Court had amended Rule 7, sections 5.01(i) and 10.01(j), regarding the minimum requirements for admission of persons admitted in other jurisdictions and the registration of in-house counsel. The full amended text can be viewed here.
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Turn Your Expertise into a Magazine Article

It’s no surprise that some of the best articles in the Tennessee Bar Journal have come from TBA section members. Your membership in this section shows that you have a keen interest in trends, developments and case law in this practice area. Sharing this knowledge with your colleagues is one of the best traits of the profession.

How can you become a Journal author? Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Then take a look at the writer’s guidelines at http://www.tba.org/submit-an-article, which will tell you about length, notes and other details. Once it’s in the proper format, send it in! It goes to the editor, Suzanne Craig Robertson, who will then get it to the seven members of the Editorial Board for review.

If you are published, you may apply for CLE credit for your work under Supreme Court Rule 21 Section 4.07(b). For details on claiming the credit, check with the Commission on CLE & Specialization at http://www.cletn.com/.

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TBA Convention in Kingsport is Just Around the Corner

Registration is open for the 2017 TBA Annual Convention. This years programming offers plenty of opportunities to make new friends and renew acquaintances with colleagues from across the state. The highlight comes Thursday night with the Kingsport Karnival at the downtown Farmers Market. Along with fabulous food and drink, there will be live music from two bands, an aerialist, juggler, magician, body and face painters, caricaturist and more. Plus, you'll have access to the fabulous Kingsport Carousel, the delightful project of community artisans. Special thanks to Eastman for support of this event! 

This years convention also offers 12 hours of CLE programming, highlighted by sessions on the Hatfields and McCoys, The Neuroscience of Decision-Making, and the popular Better Right Now wellness program. It is all set at the beautiful MeadowView Marriott Conference Resort & Convention Center. To receive the TBA $129 room rate, you must book your reservation by May 23. Book your room online now or call 423-578-6600.

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Call For Submissions — Law Practice Pointers

One of the benefits of being a TBA Section Member is having access to information from experienced practitioners to assist in your day-to-day practice. The sharing of this information amongst colleagues is one of the best traits of the profession. It is also a way of helping each other to maneuver the evolving legal market and strengthen your legal practice.

How can you help your fellow Section Members?  If you have some Law Practice Pointers you would like to share with your fellow section members, write an article between 300-500 words and submit it to the Section Coordinator for review and approval. These Law Practice Pointers can be related to a court opinion, piece of legislation, or current event or industry trend that affects the practice of law as it relates to the specific Section. The main requirement is to make sure the article gives lawyers practical tips, based on experience, to include in their day-to-day practice.

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Corporate Counsel Add Support to LSC

General counsel from 185 companies sent a letter yesterday to Congress urging preservation of the Legal Services Corporation (LSC) because “access to justice is not an expendable luxury but an indispensable manifestation of our country’s most fundamental values.” The letter also notes that without the LSC, countless hours of pro bono service would lost, leaving many individuals unrepresented. Signatories include corporate attorneys from Amazon, Google, American Express and Tennessee-based Federal Express and Counsel on Call. Similar demonstrations of support have come from law firm leaders and law school deans. Learn more about the threat to LSC and show your support for vital legal aid programs via TBAImpact.

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Next Week: Corporate Counsel Forum

Join your colleagues March 3 for the 2017 Corporate Counsel Forum, with topics ranging from technology's influence on the modern law practice to recent developments in employment law. Speakers will address cyber security and privacy, as well as productivity tools for the present-day corporate counsel. Another session covers the EEOC's new rules on what incentives employers may provide to employees who provide medical information as part of a wellness program under the Americans with Disabilities Act. 
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Corporate Counsel Forum, Pro Bono Event and Gala Set for March 3-4

The TBA's Corporate Counsel Section members are invited to participate in three coordinated upcoming events to be held March 3 and 4 in Nashville. 

Corporate Counsel 2017 Fourm - Friday, March 3

Featuring topics ranging from technology's influence on the modern law practice to recent developments in employment law, the forum will highlight speakers who address cyber security and privacy, as well as productivity tools for the present-day corporate counsel. Another session covers the EEOC's new rules on what incentive employers may provide to employees who provide medical information as part of a wellness program under the Americans with Disabilities Act. A roundtable discussion will also be included. Lunch will be provided.

Corporate Counsel Pro Bono Service Event Saturday, March 4

Learn more about pro bono projects at a brief training and opportunity for direct volunteer service, including the innovative online TN Free Legal Answers and the upcoming HELP4TN Day of Service. Co-sponsored by the TBA’s Access to Justice Committee and Corporate Counsel Section, and the Tennessee Chapter of the Association of Corporate Counsel (ACC). More information is available on the TBA website. Lunch will be provided.

Corporate Counsel Pro Bono Initiative Gala - Saturday, March 4

The Corporate Counsel Pro Bono Initiative was launched as a joint effort by the TBA Access to Justice Committee, the TBA Corporate Counsel Section and the Association of Corporate Counsel (ACC) to help foster a coordinated approach to pro bono work and support for the access to justice community by corporate counsel in Tennessee. Over the last 10 years, the Corporate Counsel Pro Bono Initiative has raised over $500,000. This money has funded corporate counsel pro bono project grants across the state.

The funded projects offer in-house and corporate lawyers specific pro bono opportunities tailored to their situations, skills and interests and facilitate partnerships among corporate legal departments, law firms, access to justice and other community service organizations to help meet local legal service gaps. This year’s CLE is held in conjunction with the TBA’s Corporate Counsel Pro Bono Initiative Gala. Participants who attend the gala will learn about special pro bono opportunities for corporate counsel and help raise money to facilitate the development of new and exciting pro bono projects for in-house corporate counsel and their outside counsel around the state.

Tennessee law firms and corporations are invited to support the Corporate Counsel Pro Bono Initiative by becoming recognized sponsors. Participants may also purchase tickets and attend the gala as individuals. Learn about sponsorship opportunities and ticket options on the TBA website.

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Pilot Flying J Informant Claims Company Cheated Feds

The Pilot Flying J diesel rebate fraud scheme cheated not just trucking companies across the U.S. but also the federal government, according to a former Morgan Stanley broker who claims he helped the FBI in the original case. Knownews reports that John Verble, who is now asking the U.S. Supreme Court to grant a request for federal whistleblower protection, alleges that Pilot Flying J swindled the U.S. Postal Service out of large sums in promised fuel rebates. Pilot’s attorney said the accusation is not true.
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TBA Mashup and Mini Legal Hackathon this Friday

In conjunction with the Law Tech UnConference CLE this Friday, the TBA is also offering a variety of free events and programs for lawyers we’re calling a Mashup. One program will teach you about Legal Hackathons and see one in action. A Legal Hackathon is a collaborative effort of experts in the legal profession collaborating with a computer programmer to find a technology assisted solution to a problem in the legal industry. Join the TBA Special Committee on the Evolving Legal Market for a mini legal hackathon that will demonstrate the power of collaborative minds at work. We will have tasty beverages and snacks to help you get your collaborative juices flowing.  
 
Other programs that will be a part of the Mashup include Pro Bono In Action which will show you various pro bono programs you can participate in to help your fellow Tennesseans and Member Benefit Programs that will provide you information on  Fastcase 7, health insurance options for small firms, ABA retirement funds and professional liability insurance.
 
Please sign up now to let us know you are coming.

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Settlement Requires Western Union to Develop Anti-Fraud Program

Tennessee Attorney General Herbert H. Slatery III announced today a multistate settlement with the Western Union Company, following an investigation which focused on complaints from consumers who used Western Union’s services to send money to third parties involved in schemes to defraud consumers. The settlement requires Western Union to develop and put into action an anti-fraud program. Forty-eight states and the District of Columbia participated in this settlement. Read more here.
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Register for the 2017 Corporate Counsel Forum

Obtain the most up-to-date information at this year's Corporate Counsel Forum on March 3 in Nashville. Speakers will address cyber security and privacy, as well as productivity tools for the present-day corporate counsel. Another session covers the EEOC's new rules on what incentive employers may provide to employees who provide medical information as part of a wellness program under the Americans with Disabilities Act. More details and registration information can be found on the TBA's website.

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Tennessee Supreme Court Amends Pro Hac Vice Rule

The Tennessee Supreme Court today issued an order amending TN. Sup. Ct. R. 19 on pro hoc vice appearances permitting lawyers who have been granted permission to practice pending admission to seek pro hac vice permission to appear in court. The TBA commented supporting the change.

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Have You Heard About the TBA Mashup?

Interested in observing a legal hackathon or getting a hands-on demonstration of the new Fastcase 7 platform? Both will be part of the first TBA Mashup, a full-day of activities and free programming set for Feb. 17 at the Tennessee Bar Center in conjunction with the annual TBA Law Tech UnConference CLE program.

In addition to the hackathon and Fastcase 7 demo, the TBA Mashup will feature sessions on: 

  • Current State of Health Insurance for the Small Firms
  • Professional Liability Insurance - What to look for in YOUR Policy
  • A Demo of Fastcase TopForm, a powerful bankruptcy filing software
  • Retirement Planning Guidance from the ABA Retirement Funds
  • Pro Bono in Action: How to help with pro bono events and how to take part in online options

At the annual TBA Law Tech UnConference CLE program, you can take as many or as few hours as you need. Registration will be open all day. Payment will be determined at checkout based on the hours you need. Topics will include: 

  • Bill & Phil Tech Show
  • Ethical Considerations for Cyber Security in Law
  • Evolution of the Legal Marketplace
  • Making e-Discovery Affordable 
  • Drone Law
  • Encryption for Lawyers

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‘Presnell on Privileges’ Also Named Top Blog

It turns out two Tennessee lawyers were named to the ABA Journal’s Top 100 Blawg listing for 2016. In addition to “Herston on Tennessee Family Law” by Knoxville lawyer K.O. Herston, Nashville litigator Todd Presnell’s blog “Presnell on Privileges” made this year’s list. Presnell's blog offers facts and analyses about rulings from federal and state courts around the country on attorney-client privilege issues. It also covers privilege-related lawsuits, legislation and op-eds. The ABA Journal has been identifying the best blogs for lawyers for the past 10 years through its ABA Blawg 100. Other law blogs from Tennessee attorneys can be found on the TBA.org website

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