In The News

Bone McAllester Norton Attorney Stephen Zralek Moderates “Trial By Zoom” Virtual Panel

Stephen J Zralek Attorney at Bone McAllester Norton Professional indexOn May 6, 2020, Bone McAllester Norton attorney Stephen Zralek moderated a virtual panel titled “Trial By Zoom,” hosted by the Nashville Bar Association. Featuring both Chancellor Lyle and Chancellor Martin, the panel discussed how the Chancery Court in Nashville is utilizing technology in the courtroom during the pandemic, including hearing motions, injunction hearings and bench trials via phone and video-conference. Speakers shared advice on how best to prepare for these virtual hearings, and how to prepare your clients.

The event was recorded and is available for viewing and CLE credit at the Nashville Bar Association’s website by clicking here.

Stephen has dedicated his career to helping clients resolve complex disputes involving class actions, copyrights, trademarks, rights of publicity, trade secrets, non-compete violations, defamation, domain disputes, and disputes in the business and entertainment arenas. Stephen routinely appears in federal court, Chancery Court and the Tennessee Business Court, and argues at both the trial and appellate levels.

Bone Law Attorney Ed Yarbrough Named 2020 David Rutherford Award Recipient

Edward M Yarbrough Attorney at Bone McAllester Norton Professional index

The Nashville Bar Foundation has announced Bone McAllester Norton attorney Ed Yarbrough as the 2020 recipient of the David Rutherford Award. The award is given to a Nashville Bar Foundation Fellow who exemplifies the memory and ideals of David Rutherford, including professionalism, charitable contributions in the legal field and in the community, and the spirit of collegiality among bench and bar. Everyone at Bone McAllester Norton would like to congratulate Ed on this well-deserved recognition!


Article: The David Rutherford Award

Bone Attorney David Anthony Anticipates Billions of Dollars in Disputes Amid COVID-19 Insurance Claims

David M Anthony Attorney at Bone McAllester Norton Professional indexAs businesses across Tennessee begin to file insurance claims in hopes of recouping some of their losses due to the coronavirus pandemic, the first civil lawsuit has been filed by Nashville Underground against its insurance company for denying its claim. Bone McAllester Norton attorney David Anthony spoke to The Tennessean regarding this topic, predicting that this is only the first of many lawsuits to come, putting billions of dollars up for dispute. Click the link below to read the full feature.

This Nashville bar is suing its insurance company over a COVID-19 loss claim. Experts say it won’t be the last.

Bone Law Attorney Courtney Lutz Highlights the Nuances of Co-Parenting During COVID-19 Restrictions

Courtney Lutz Attorney at Bone McAllester Norton Professional index

As COVID-19 cases continue to rise throughout Nashville, divorced parents are concerned with how to properly follow their court-ordered parenting plans while adhering to “Safer-at-Home” orders. These restrictions have created complications in transporting children between homes, especially when one or both parents are required to continue working in environments where they are at higher risk for contracting COVID-19. Bone McAllester Norton attorney Courtney Lutz shared her insight into the orders along with guidance that district judges have provided for divorced parents during this time. Read the full article below to learn more.

 

 

AMID COVID-19 OUTBREAK, NASHVILLE-AREA JUDGES PROVIDING GUIDANCE ON COURT-ORDERED PARENTING PLANS

As the number of COVID-19 cases has grown in the Greater Nashville area, so too has concern from divorced parents, not only about how to protect their children from this novel virus, but also how to properly follow their court-ordered parenting plans.

Many parents have struggled to find a way to balance the health and safety of their children with the need to facilitate a continuous relationship with both parents, especially when families have been asked to self-quarantine and “Safer at Home” orders remain in effect. Parents’ concerns become more complicated when one parent is required to continue to work in environments where he or she is at a higher risk of exposure to COVID-19, or if a parent is defined as an “essential worker” and must continue to work in the general public.

Fortunately, judges in some districts have provided orders or guidance on how parents are to follow parenting plans during this unique time, which is the first thing parents must consider in determining how to navigate their co-parenting relationships. It is important for parents to review the order from the district in which their last custody order was entered for proper guidance, because judges in each district may be handling this issue differently.

Additionally, parents must follow the order from the court in which their parenting plan was ordered, because in some districts, juvenile courts differ from circuit and chancery courts in how they are handling the COVID-19 issue.

In the 19th Judicial District (Montgomery and Robertson counties), for example, the circuit court judges have set forth an order that parenting plans should continue to be followed unless one of the following exceptions applies:

  • If a parent’s city or state is under a government-mandated lockdown and that child is with that parent at the time the lockdown goes into effect, visitation is suspended until the end of the lockdown;
  • Or if the child, parent, or an in-home sibling or family member is diagnosed with COVID-19 while the child is in the home, visitation is suspended for 14 days following the diagnosis and proof of the medical diagnosis is sent to the other parent.

The circuit and chancery court judges in the 20th Judicial District (Davidson County) have also ordered for parenting plans to remain in effect, but set forth three exceptions to the general rule:

  • If a child, parent, or in-home sibling or family member is diagnosed with COVID-19 while the child is in the home, visitation is suspended for 14 days following the diagnosis upon presentation of a doctor’s note to the other parent confirming the diagnosis;
  • In the event of a local, state, or federal lockdown or shelter-in-place order, the primary residential parent designated in the parenting plan must take possession of the child within four hours of the activation of the lockdown or shelter-in-place order, and the child is to remain with the primary residential parent until the order is removed;
  • The parents may agree to an alternate residential schedule, but the agreement must be in writing and signed by both parties.

Further, judges in some districts have set forth orders specifically for children in the physical and legal custody of the Department of Children’s Services (DCS). For example, in Wilson County, which is located in the 15th Judicial District, the court has ordered that all in-person visitation between children in the physical and legal custody of DCS and their parents be suspended pending further orders of the court.

To date, some judges have not issued an order on how parenting plans should be followed during COVID-19 or whether they will be recognizing certain exceptions based on the virus. Without such an order, parents should assume that parenting plans should continue to be followed as normal. If parents are concerned regarding their children’s exposure to COVID-19, it is best for them to attempt to work together to determine a solution that is best to protect their children.

In the event that they are unable to do so, however, or if a parent has potentially been exposed to COVID-19 and insists on exercising his or her parenting time despite this, the other parent may want to consider filing a temporary restraining order or pursuing another available remedy in order to protect his or her children. A temporary restraining order is considered an extraordinary remedy under the laws of Tennessee. Therefore, whether a temporary restraining order would be awarded is based on each person’s specific set of circumstances and is not guaranteed.

Anyone concerned about balancing parental rights under their parenting plans while taking precautions to protect their children from COVID-19 should consult with an experienced family law attorney, who will be able to assist in determining the most appropriate next steps based on the facts of their cases.

Bone Law Attorneys Stephen Zralek and Maria Campbell Discuss How COVID-19 Could Change Business Litigation in Recent Law360 Article

Although the COVID-19 pandemic has forced almost every court in the U.S. to cancel in-person hearings and postpone trials, lawyers are still actively representing business clients in court and arbitration.  Law360 recently published an article by attorneys Stephen Zralek and Maria Campbell where they predict how the pandemic will change business litigation long after the stay-at-home orders are lifted.

Stephen has dedicated his career as a commercial litigator to helping clients resolve complex disputes involving class actions, copyrights, trademarks, rights of publicity, trade secrets, non-compete violations, defamation, domain disputes, and disputes in the business and entertainment arenas. He routinely appears in federal court, chancery court and the Tennessee Business Court, at both the trial and appellate levels.

Maria’s practice focuses on business litigation and labor employment law representing companies and individuals. She has extensive experience in matters concerning race discrimination, gender and pregnancy discrimination, FMLA violations, retaliatory discharge, FLSA noncompetition disputes, employment discrimination, and alternative dispute resolutions.

To read the full article on Law360 click here

Maria Q Campbell Attorney at Bone McAllester Norton Professional indexMaria Campbell

Stephen J Zralek Attorney at Bone McAllester Norton Professional indexStephen Zralek

Attorney Mandy Strickland Floyd Writes Column for Nashville Business Journal

Mandy Strickland Floyd Attorney at Bone McAllester Norton Professional indexIn March, Congress passed legislation providing paid sick and family leave as a result of the COVID-19 pandemic. Bone McAllester Norton attorney Mandy Strickland Floyd wrote a primer to answer common questions about the Families First Coronavirus Response Act, which went into effect on April 2. In her piece, Mandy answers a variety of questions including which businesses are impacted and how these businesses can afford paying wages under this act.

Mandy Strickland Floyd is a passionate advocate with a wide range of experience in civil litigation, dispute resolution and appellate practice. Mandy concentrates her practice in the areas of labor and employment law, constitutional and civil rights, education law, and general business litigation. In addition to her active litigation work, Mandy advises clients concerning business and employment disputes.

To read the full article on the Nashville Business Journal’s website: click here.

Toolkit: Customizable Emergency Family and Medical Leave Act and Paid Sick Leave Forms

Below you will find links to customizable forms under the Families First Coronavirus Response Act.  

If you have any questions about how to implement these forms in your workplace or have any other questions regarding the Families First Coronavirus Response Act, the Paycheck Protection Program or the Economic Injury Disaster Loans, our attorneys are available to assist. 

Family and Medical Leave Act Forms:

Paid Sick Leave Forms:

Bone Law Toolkit FFCRA

 

Bone Attorney Raquel Eve Oluyemo Featured in the Tennessean about the 2020 Census

Raquel L Eve Oluyemo Attorney at Bone McAllester Norton Professional indexOur city has seen significant upheaval recently, with a devastating tornado and global pandemic. One story can’t be lost amid the uproar, however: the 2020 U.S. Census and its vital impact, for all citizens. Bone McAllester Norton attorney Raquel Eve Oluyemo wrote a piece for the Tennessean, expounding on the importance of this year’s census, particularly for Nashville’s immigrant population. Click the link to read the full article, and learn why everyone should participate in the census, and why every voice matters.

https://www.tennessean.com/story/opinion/2020/04/13/2020-census-county-everyone-in-united-states/2986058001/

Avoid Healthcare Fraud: Bone McAllester Criminal Defense Attorney Henry Leventis Offers Tips as Telemedicine Skyrockets

Henry C Leventis Attorney at Bone McAllester Norton Professional indexTelemedicine use has skyrocketed in response to the COVID-19 pandemic. With health care providers adapting to the new norms to serve their patients, they can open themselves up to unexpected and unwanted attention from government regulators. In an article for Nashville Medical News, Bone McAllester Norton Criminal Defense Attorney and former Director of Litigation for the United States Attorney’s Office Henry Leventis provides simple, essential guidance for providers to minimize their risk of being audited or investigated. Click the link to read the full article and learn how to sidestep the potential legal pitfalls of the coronavirus telehealth surge.

https://nashvillemedicalnews.blog/2020/04/10/hold-that-call-telemedicine-regulatory-compliance-issues-every-provider-should-know-about/

CARES Act - Resources for Small Businesses Webinar

2Coronavirus Aid Relief and Economic Security Act The CARES Act Webinar Bone Law SlideOn March 27th, Congress passed the largest economic stimulus bill in U.S. history, and on the President signed the Coronavirus Aid, Relief and Economic Security Act (the "CARES Act") into law.

The CARES Act provides much needed stimulus and assistance to businesses, particularly those with less than 500 employees, in response to the economic distress caused by the coronavirus (COVID-19) pandemic.

Please join us for a Webinar where we will cover Economic Injury Disaster Loans (EIDL), the Paycheck Protection Program (PPP), additional small business benefits, as well as other important considerations.

Watch as attorneys Charles Robert Bone, Trace Blankenship, Mandy Strickland Floyd, Sam Jackson, Knight Lancaster, Andrea Perry, and Chris Raybeck guide you through the new law's opportunities and provide you with answers to how this law may impact your business and employment decisions.

 

Recorded on March 31, 2020

 

Documents Related to this Webinar:

CARES Act - Resources for Small Businesses Webinar Presentation

Families First Act - Answering Your Workplace Questions Webinar

Webinar_BoneLaw-The-Families-First-Coronavirus-Response-Act-HR6201

The week of March 23, 2020, Congress passed sweeping legislation addressing the coronavirus pandemic and its impact on the workplace. Under this new legislation, employers with fewer than 500 employees must provide paid sick and family leave to both full- and part-time eligible employees in certain circumstances. All businesses covered by the law must be in compliance by Thursday, April 2, when the law goes into effect.

Attorneys Sam Jackson and Mandy Strickland Floyd, will guide you through the new law’s requirements and provide you with some bottom-line answers to how this law may impact your business and employment decisions. 

Recorded on March 25, 2020

Continue reading

Bone McAllester Norton Hosts Tennessee Bankers Association's Young Bankers Division during "Day on the Hill"

Bone McAllester Norton recently hosted over 80 bankers from across the state at the annual Tennessee Bankers Association’s Young Bankers “Day on the Hill”. The bankers spent time at the state Capitol and learned about Tennessee’s legislative process and TBA’s role in banking legislation.

Participants then headed to Bone McAllester Norton’s downtown Nashville office for lunch and panel discussions featuring Rep. Johnny Garrett, Rep. Bob Freeman and Rep. Clay Doggett. The panel, moderated by our own Trace Blankenship, was a great introduction to the legislative process and allowed the bankers to connect with their state legislators.

The Young Bankers Division was established in 1960 to nurture the professional development of the state’s bank officers, and prepare them to become the industry’s next generation of leaders through professional development, advocacy and community involvement opportunities.

To learn more about the Tennessee Bankers Association, visit their website.

Trace Blankenship Member General Counsel at Bone McAllester Norton Professional indexTrace Blankenship

Johnny C Garrett IV Attorney at Bone McAllester Norton Professional indexRep. Johnny Garrett

 

 

 

Bone McAllester Norton Attorney David Anthony Elected to Mid-South Commercial Law Institute Board of Directors

David M Anthony Attorney at Bone McAllester Norton Professional indexBone McAllester Norton attorney David Anthony was recently elected to the Mid-South Commercial Law Institute’s board of directors. David was among four other attorneys elected to the 25-member board, each serving five-year terms.

Attorneys selected to serve as directors of the MSCLI are those who exemplify the highest commitment to the practice of bankruptcy and commercial law in the mid-south, as shown by the MSCLI’s highly regarded educational programs and overall efforts to maintain and elevate the standards of the bankruptcy bar.

A yearly highlight for the nonprofit institute is an advanced two-day CLE seminar on commercial and bankruptcy law in Nashville, Tenn. The seminars are presented by panels of nationally renowned scholars, judges and attorneys and are designed to appeal to a broad spectrum of practices.

David is a veteran attorney with experience representing banks, businesses and individuals in the areas of commercial litigation, creditors’ rights, bankruptcy and lien litigation. He routinely appears in state, federal and bankruptcy courts throughout Tennessee. In addition to his litigation practice, he has significant experience in the review, analysis and preparation of commercial contracts, including leases, loan documents and other commercial contracts.

To learn more, visit the Mid-South Commercial Law Institute’s website.

Attorney David Anthony Quoted in the Tennessean on Bankruptcy Concerns as Coronavirus Crisis Intensifies

David M Anthony Attorney at Bone McAllester Norton Professional indexBone McAllester Norton attorney David Anthony was recently featured in the Tennessean sharing tips on how to avoid bankruptcy as the coronavirus continues to wreak havoc on the economy.

He expressed the need to be proactive and for those who are out of work or actively losing income to not wait until they are completely out of money to take action.

“If they feel like they’re in the pinch now, reach out to the landlord, reach out to the bank now,” he said in the article.

Anthony is a veteran attorney with experience representing banks, businesses and individuals in the areas of commercial litigation, creditors’ rights, bankruptcy and lien litigation. He routinely appears in state, federal and bankruptcy courts throughout Tennessee. In addition to his litigation practice, he has significant experience in the review, analysis and preparation of commercial contracts, including leases, loan documents and other commercial contracts.

To read the article, visit The Tennessean’s website.

Bone McAllester Norton Welcomes Habitat for Humanity of Tennessee for Annual Legislative Reception

On Tuesday, March 10, Bone McAllester Norton welcomed Habitat for Humanity of Tennessee leaders, supporters and board members to our office, to highlight more than 40 years of building strength, stability and self-reliance in our state. The legislative reception was hosted by Lieutenant Governor Randy McNally, Speaker Cameron Sexton, Senators Jack Johnson, Jeff Yarbro and Becky Massey, and Representatives William Lamberth, Karen Camper and Ryan Williams.

This event is one of many examples of Bone McAllester Norton’s drive to improve the community through a culture of positive impact. Sam J. McAllester III, a founder and vice chairman of the law firm, has been a member of the Finance Committee for Habitat since 2012 and currently serves as a member of Habitat’s board of directors in Nashville.


For more information about Habitat for Humanity of Tennessee, visit its website

Legislative Reception 2020 007Sam "Mac" McAllester, Clarissa Tucker, Karel Straughn

Legislative Reception 2020 030Shelia Wiggins, Rep. Jeremy Faison, Angie Sledge, Rep. Jason Zachary

Legislative Reception 2020 104Ryan Williams and Lt. Governor Randy McNally

Legislative Reception 2020 048Terri Schulz, Charles Robert Bone, Danny Herron, Charles W. Bone

Important Business Continuity Plan update from Bone McAllester Norton PLLC

Bone Law - Business Continuity Plan - Coronavirus Bone Law - Business Continuity Plan!

Dear clients, friends and family,

In light of the rapidly evolving situation with the COVID-19 virus, we have enacted our firm’s Business Continuity Plan. We made this decision to prioritize the health and safety of our attorneys and staff members, followed closely by our commitment to our clients, to ensure that there is no disruption in our services.

As part of this plan, effective today our entire team, except for a limited in-office presence, will be working remotely until further notice. Our firm remains fully operational to continue supporting our clients during this unprecedented time. Our attorneys remain fully accessible by phone and email when working remotely, and our staff is also available for client needs. There will be no interruption in your access to the attorneys or the services that we are able to provide to you while our physical locations remain closed.

We will provide updates as we receive additional information. In the meantime, be assured that we will continue to serve our clients with the level of service and attention to which you have become accustomed while also protecting the safety of our employees and their families throughout this period of uncertainty. Most importantly, we are thinking of you, your family and our community as we all navigate this together. Should you have any questions or concerns, please do not hesitate to reach out to me at 615-238-6300 or This email address is being protected from spambots. You need JavaScript enabled to view it..

We will closely monitor the COVID-19 situation as it continues to evolve and we are committed to following the recommendations from the U.S. Centers for Disease Control and Prevention (CDC), the medical community, and our state and local authorities.

We appreciate the opportunity to serve you and look forward to our continued partnership both during and after this crisis. We hope you all remain healthy and safe.

Sincerely,

Charles Robert Bone
President and CEO

Biden for President taps Stephen Zralek and David Briley of Bone McAllester to represent his Campaign on Super Tuesday

A few hours after deadly tornadoes closed some polls and forced others to open late on Super Tuesday, the Joe Biden for President campaign reached out to attorneys Stephen Zralek and David Briley to file a motion for temporary injunction to keep the polls open longer in Nashville.  Although the courthouse was closed, the Court agreed to let Stephen, David, lawyers for other candidates, and lawyers for the Election Commission argue.  Ultimately, Stephen and David prevailed, persuading the Court that polls across the city should be ordered to stay open later.  Stephen told The Tennessean: “Every voter in Nashville that is affected by the tornado, this is giving them the opportunity to do what they need to do, take care of their families and also select who they want to be president.”  Read more about the ruling here.

Stephen J Zralek Attorney at Bone McAllester Norton Professional indexStephen Zralek

C David Briley Attorney at Bone McAllester Norton Professional indexDavid Briley

Bone McAllester Norton Attorneys Address College Athlete Compensation for Use of their Right of Publicity in Tennessean Op-Ed

Bone McAllester Norton attorneys Stephen Zralek and William "Paz" Haynes, III recently wrote an Op-Ed for The Tennessean discussing how college athletes are wrongly blocked from compensation for their use of their right of publicity. The article explores two bills that have been proposed in the state legislature that address this issue.

“One bill is a step in the right direction, one may inadvertently limit student-athletes’ rights, and neither goes far enough,” they said in the article.  They explain how this legislation “could help attract elite student athletes to Tennessee, which would benefit our state as a whole.”  Strengthening the right of publicity for college athletes would indirectly also strengthen it for musicians and other celebrities who live and work in Tennessee.

Zralek has more than 20 years of experience as a commercial litigator and focuses his practice on intellectual property, business and entertainment disputes. Zralek is a frequent speaker and author on issues in intellectual property litigation, including the right of publicity, and litigating before the Tennessee Business Court

Haynes is a veteran attorney with experience in labor and employment law, administrative law, health care law, and commercial and civil litigation. In 2017, Haynes was appointed to the board of the Tennessee Registry of Election Finance, and he currently serves as board chairman.

To read the article, visit The Tennessean’s website

Stephen J Zralek Attorney at Bone McAllester Norton Professional indexStephen Zralek

William J Haynes Attorney at Bone McAllester Norton Professional indexWilliam "Paz" Haynes, III

Bone McAllester Norton Responding to the Nashville Tornadoes

Nashville-Skyline-Bone-McAllester-Norton-Cover Bone McAllester Norton Responding to the Nashville Tornadoes

This week, a wave of deadly tornadoes hit Nashville and Middle Tennessee, and these tragedies have reminded us that Bone McAllester Norton is deeply rooted in our community. So many of our firm’s friends and clients have reached out to check on us, and we are grateful for their support during this time. No one has escaped the storm’s impact: friends have been displaced, businesses have been destroyed, and lives have been lost. Thankfully, everyone on our team is safe. But the pain is hitting close to home for the Bone McAllester Norton family as we have attorneys and relatives uprooted from homes and jobs.

Continue reading

Bone McAllester Norton Welcomes Criminal Defense Attorney Jonathan Farmer to Nashville Office

Jonathan P Farmer Attorney at Bone McAllester Norton Professional indexJonathan Farmer, former founding member of Farmer Purcell White & Lassiter, PLLC, has joined Bone McAllester Norton PLLC. Jonathan brings over 20 years of experience and concentrates his practice on criminal defense and federal investigations, personal injury, wrongful death, and civil litigation.

Jonathan’s leadership experience and litigation work in Nashville make him a great fit for our team,” said Charles Robert Bone, president and CEO of Bone McAllester Norton. “I’m looking forward to seeing him continue to build his practice with us, and use his level of expertise to provide great work for his clients.”

Jonathan is a native Nashvillian and received his bachelor’s degree and J.D. from the University of Tennessee.