COVER STORY: This Month’s Top Story

Prior to exchanging sensitive discovery in your most recent federal court case, you draw up a comprehensive Stipulated Protective Order with opposing counsel and submit it to the judge. The judge signs it. In the Stipulated Protective Order, the parties designate what is confidential, and the parties are required to move to seal any confidential documents prior to filing. You follow that provision and move to seal the exhibits to your motion for summary judgment that were designated confidential, relying upon the Stipulated Protective Order, but your motion to seal is denied.

FEATURED: This Month’s Articles

Businesses could be damaged by various actions. When the act is improper, it may result in litigation that provides compensation for the losses. Improper acts that may lead to litigation in Tennessee include inducement to breach a contract (e.g., violation of a non-compete agreement) and intentional interference with business relationships and prospects (e.g., unfair competition).[1] In these cases, the pecuniary value of the damage will likely be calculated and presented to the fact-finder.

COLUMNS: Quick Reads on Timely Topics

President's Perspective

I had lunch with an old friend the other day, a grizzled veteran of the news business. As such conversations often do, our talk eventually turned to the current state of journalism. We needed no pundit to explain to us the dramatic changes in the news business over the last two decades or so.

When TV news killed most afternoon newspapers in the 1970s,

Day on Torts

Mrs. Myres was killed in a multi-car motor vehicle crash. She was a passenger in the car driven by her husband, Charles Myres. Justin Bennett was the driver of one of the other cars involved in the crash. There were allegations of road rage between Bennett and Mr. Myres, who was allegedly under the influence of alcohol at the time of the crash and who was later imprisoned for vehicular homicide in connection with the crash.[1]

Family Matters

When divorcing parties have agreed to a division of their estate, they will enter into a Marital Dissolution Agreement (MDA) that, as part of the finalization of the divorce, is submitted to the court for approval and signature. The divorcing court will then merge the MDA into the final decree of divorce issued by the court that serves to legally separate the parties and return them to the status of unmarried persons.

But Seriously, Folks

He is the most revered lawyer in American history. He has inspired tens of thousands of people to become lawyers, and according to a survey by the American Film Institute, he is regarded as “the greatest American hero.”

And this is true despite the fact that as a trial lawyer he lost the biggest case of his career.

His name, of course, is Atticus Finch. This Alabama trial lawyer was introduced to the world in 1960 by the late great Harper Lee in her novel, To Kill a Mockingbird. Over the past nearly 60 years, the book has sold 40 million copies.

YOU NEED TO KNOW: News, Success, Licensure & Discipline

Fourth Estate Award Created to Honor Journalists

The Tennessee Bar Association is now accepting nominations for consideration for its first Fourth Estate Award, created to honor “courageous journalism that enhances public understanding of the legal system and the law.”

The winner will be a journalist or journalists from newspapers, TV, radio, digital media, book publishing or social media who have shown courage in exercising First Amendment rights in the promotion of public understanding of how the law and our legal system work.

Scott Weiss, who on Jan. 31 was named Tennessee’s only College of Community Association Lawyers (CCAL) Fellow, has merged practices with Ortale Kelley Law Firm. The CCAL certification recognizes Weiss’ excellence in the practice of community association law and distinguishes his contributions to the development of community association law in Tennessee and nationally. Prior to joining Ortale Kelley, Weiss and his father, Peter Weiss, who has also joined Ortale Kelley, managed their own practice under the name Weiss & Weiss, Attorneys at Law.


The Supreme Court of Tennessee reinstated Hamilton County lawyer Lisa Zarzour Bowman to the practice of law, effective March 5. Bowman was suspended by the Supreme Court on Jan. 22, for one year with a minimum active suspension of 30 days and the remainder served on probation. Bowman filed a petition for reinstatement to the practice of law on Feb. 8, and the board determined she satisfactorily complied with the terms and conditions of her suspension and submitted an order of reinstatement to the court.