Bone McAllester Norton attorneys Charles W. Bone, Charles Robert Bone, Stacey A. Garrett and William T. Cheek III have been named to the 2013 In Charge list from the Nashville Post. This list includes “the women and men who have positively exerted their influence on Nashville and its surrounding communities. . .[and] create opportunities for others and for the city,” according to the paper’s website today.

Congratulations on this outstanding recognition; you make our firm—and our city—proud!

For a full list of all 410 area business and civic leaders, click here.

 
 
Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Congratulations to Bone McAllester Norton attorney James E. Mackler, who is among the graduates of Young Leaders Council Class 59. After completing more than 30 hours of leadership training, he will serve a one-year internship on the board of Friends of Warner Park. This Nashville-based nonprofit organization has trained men and women to effectively participate on the boards of nonprofit agencies for the past 28 years.

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters.   Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Gigi’s Cupcakes, one of Bone McAllester Norton’s clients, is celebrating its 5^th anniversary this week, on top of reporting $33 million in sales last year. Gina Butler, owner of the cupcake franchise that has more than 84 locations across the country, spoke with the Tennessean about how a plan to make it big in Music City went from singing and songwriting to baking.

Bone McAllester Norton congratulates our own Sharon O. Jacobs for her selection as a “2013 Top Rated Lawyer in Energy, Environmental & Natural Resources” by American Lawyer Media and Martindale-Hubbell.

Sheri, an AV-rated, Best Lawyer and SuperLawyer, has been practicing environmental and administrative law, along with litigation and dispute resolution, for more than 20 years.

"We are proud but not surprised by Sheri's selection for this notable list," said Charles W. Bone, founder and chairman of Bone McAllester Norton. "Her expertise with companies and local governments on compliance, sustainability and all facets of environmental law makes Sheri a trusted adviser and problem solver for all who work with her."

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters.   Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Franklin, Tennessee-based Premiere Transportation was featured in the Nashville Post on February 17. The bus company, one of Bonelaw’s clients, once catered to the likes of N’Sync and Janet Jackson but now rents buses for campaigning political elites, like Mitt Romney. For more, click here.

[caption id="attachment_4614" align="alignright" width="300"] Polar Plunge Nashville 2013


Several Bone McAllester Norton attorneys participated in the 2013 Polar Plunge on February 16. The annual event, held at Percy Priest Lake every chilly February, raises money to support Special Olympics Tennessee athletes. Those who braved the frigid waters this year include Olatayo Atanda, James Mackler, Stacey Garrett and Rob Pinson. Nearly $50,000 was raised in this year’s plunge.  For more on the 2013 Polar Plunge Nashville event, click here.

Bone McAllester Norton congratulates Music City Roots for its expansion to syndicated radio. The weekly concert and radio show is recorded live at the Loveless Barn in Nashville and will now be heard on stations from coast to coast.

For more on this, click here.

Come join us at WaterCooler on Tuesday, February 26 as we explore the Interplay of Work and Design.  How does good (or bad) design impact the quality of work?  Conversely, how do different types of work drive design?

We’ll take a tour of Emma, Inc.’s new space and see some of the other spaces at the newly renovated and historic trolley barns.  We’ll also hear from some of Nashville’s “it” architects and designers: Michael Ward of Allard Ward; Nick Dryden of DAAD; Jeff Casella of Gilbert, McLaughlin and Casella;  Gina Emmanuel of Centric Architecture; and Laret Casella from Casella Interiors.  Clint Smith and Bo Spessard of Emma will be on-hand to talk about design from a client’s perspective.

Afterward, we’ll head a couple blocks over to The Southern for drinks and continued conversation.

5:30 p.m. Gather & Networking

6 p.m. Program & Tour

7 p.m. Drinks at The Southern

 

Emma, Inc.

9 Lea Avenue

Nashville, Tennessee 37210

Please RSVP by February 22^nd to This email address is being protected from spambots. You need JavaScript enabled to view it..

See you soon!

Stephen, Renata, Wade and Rob

Stephen Zralek

This email address is being protected from spambots. You need JavaScript enabled to view it.

@StephenZralek

Renata Soto

This email address is being protected from spambots. You need JavaScript enabled to view it.

@RenataConexion

Wade Munday

This email address is being protected from spambots. You need JavaScript enabled to view it.

@Wadely

Rob Jack

This email address is being protected from spambots. You need JavaScript enabled to view it.

@_robjack_

WaterCooler is an informal networking group highlighting Nashville's cultural richness. There is no official membership and no dues -- just come when the topic or venue interests you. Like us on Facebook and follow us on Twitter!

 
 
 

Bone McAllester Norton’s Paul Kruse will participate in a panel discussion about the rapidly changing landscape of the online trademark field at Vanderbilt Law School on Thursday, February 14^th. The discussion, will include strategies that businesses use (like Google AdWords) and the challenges and opportunities that such strategies present.

Thursday, February 14, 2013
Noon – 1 p.m.
Vanderbilt Law School
131 21^st Avenue South, #2

Bone McAllester Norton labor and employment attorney James Crumlin spoke with staffing and consulting firm Borrowman Baker, LLC about handling employee termination. His interview appeared in their quarterly newsletter this week. To see what James had to say about avoiding pitfalls in the termination process, click here.

Congratulations to chef Arnold Myint on the opening of his new restaurant, blvd. The cozy bistro, bar and market is situated in the former Cha Chah location on Belmont Boulevard. Myint, a contestant on Top Chef, season 7, uses an inspired take on bistro fare while keeping some of Cha Chah’s favorites on the menu.

Bone McAllester Norton congratulates singer, songwriter, musician and author Janis Ian on her GRAMMY nomination. Her ninth nomination in eight different categories, Janis’ Audible.com autobiography Society’s Child is up for Best Spoken Word. Other nominees in that category include First Lady Michelle Obama, former President Bill Clinton, Rachel Maddow and Ellen Degeneres. The awards will be broadcast live this Sunday, February 10.

Bone McAllester Norton attorney Stephen Zralek was quoted in a January 29 article in Nashville’s The City Paper regarding copyright infringement lawsuits.

“It was only a matter of time before copyright trolls filed a bit-torrent lawsuit in Tennessee,” he said. “By law, the [Internet Service Providers] are required to reach out to the John Does and tell them they have 30 days to file a ‘motion to quash’ the subpoena or otherwise settle the lawsuit. If the individuals take no action, the ISPs will release their identities to the Plaintiff, after which the Plaintiff will amend the complaint to name the individual in the copyright infringement action — for all the world to see.”

 

Bone McAllester Norton congratulates the acclaimed PBS music concert event series Bluegrass Underground for winning an EMMY at the 27^th Annual Mid South EMMY Awards, held January 26^th at the Schermerhorn Symphony Center in Nashville. The series won for excellence in lighting design and execution, one of five categories for which Bluegrass Underground was nominated. “The Bluegrass Underground EMMY recognizes the commitment to quality and excellence that this series strives to achieve," said Todd Jarrell, one of the executive producers of the series. "We are deeply honored for this recognition and very satisfied to see the work of Allen, Han, Wally and the entire team recognized."

 

Bone McAllester Norton attorney James Mackler served on a panel discussion that re-examined the 1860s trial of Mary Surratt, the first woman executed by the federal government. The Tennessean covered that discussion and quoted James.

“We were in war,” he said. “Although this was a civilian, this was a civilian being tried for war crimes. She was a civilian acting on behalf of the enemy accused by the United States of war crimes. I’m not saying that Mary Surratt was tried fairly; she was certainly not.”

 

Bone McAllester Norton congratulates our own Andrea P. Perry for receiving the “40 Under 40” honor from the Nashville Business Journal. She will be honored at a luncheon at the Wildhorse Saloon on Wednesday, March 13.

Well done, Andrea! We are proud of you and the work you do both professionally and personally.

The owner of Gigi’s Cupcakes turned $33 into $33 million in five years. Read the Nashville Ledger story here.

One of Bonelaw’s clients has made big news in the whiskey world, and we wanted to share their glory: Corsair Artisan Distillery’s Triple Smoke Whiskey has won the “Artisan Whiskey of the Year” award from Whisky Advocate magazine. The magazine noted, “Anyone can throw grains, smoke, hops or spices in a fermenter or a still. It takes skill, restraint and a good palate to make an award-winner out of it.”

Bone McAllester Norton congratulates our own Larry W. Bridgesmith for receiving the Grayfield Gray Public Service in Mediation Award. He will be honored by the Coalition for Mediation Awareness in Tennessee at the Tennessee Association of Professional Mediators’ annual meeting on Thursday, February 21.

Well done, Larry! We are proud of you and the work you do both professionally and personally.

Tennessee Court of Appeals Issues First Opinion Examining Tennessee Deficiency Judgment Statute
Background:  In the wake of the real estate market collapse, the Tennessee legislature passed, effective September 1, 2010, a statute dealing with deficiency judgment on real property after a trustee’s or foreclosure sale. The statute created a rebuttable presumption that the amount bid at a foreclosure sale equal the fair market value of the property. Debtors could overcome this presumption by showing that the bid was “materially less” than the fair market value.

Case:  Bone McAllester Norton PLLC attorneys David Anthony, Sean Kirk and Tucker Herndon represented the Lender who filed suit to obtain a judgment for the deficiency against the Borrower and Guarantors ( the “Defendants”) after completion of foreclosure against the real property collateral. The Defendants contested the foreclosure sale price as being materially less than fair market value. On a motion for summary judgment filed by the Lender,  the Trial Court and Tennessee Court of Appeals examined the deficiency statute and decided what “materially less” means.  The phrase “materially less” had never been used in any other Tennessee statute or court opinion.

The Lender purchased its own collateral at foreclosure for a mid-range bid based upon a current appraisal. Based upon an Affidavit, the debtor asserted that the fair market value of the property was greater. On Motion for Summary Judgment, the Trial Court held in favor of the Lender that a sales price of 89% - 91% of the recent appraisal was not “materially less.”

On appeal, the Tennessee Court of Appeals agreed with the Bone McAllester Norton PLLC attorneys, affirming the Trial Court decision on summary judgment, finding that the foreclosure bid price of 89% of the highest appraisal was not “materially less” and finding that the debtor had failed to raise sufficient facts to present a defense to summary judgment and the deficiency lawsuit.  The Court did not set a bright line percentage above or below which the statutory presumption is rebutted.

Lenders are well advised to continue the practice of obtaining current appraisals prior to foreclosure and base the foreclosure bid price on the current appraisals, taking into account costs of foreclosure and costs of owning the property.