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January 1, 2005
 Best Lawyers 2005
 By Alexei Smirnov

Alternative Dispute Resolution
Mike Cody
Memphis
Burch, Porter & Johnson
At the request of the American Arbitration Association, mediated
selection of athletes for the 2004 U.S. Olympic team in a number of
sports. Avid runner, member of the Tennessee Sports Hall of Fame.
Practices “a garden variety of commercial mediation” in Tennessee and
nationwide. Former attorney general of Tennessee. Author of law books
on white collar crime, government ethics and privatization of prisons.
“Because of the breadth of his experience, speaks with great authority
and is highly respected.”
Lew Conner
Nashville
Stokes, Bartholomew, Evans & Petree
As of October, helped settle 29 of 31 lawsuits, including 14 death
cases, arising from fatal Nashville NHC nursing home fire in 2003.
Former trial lawyer, now recognized as accomplished in mediation. “Did
a fabulous job on the [NHC HealthCare Center] case.” With a sizable
cache of local connections, he feeds his interest in local affairs as a
director of the Nashville City Paper.
Howard Vogel
Knoxville
O’Neil, Parker & Williamson
Fellow of the International Academy of Mediators. Concentrates on
commercial and injury disputes across the state. Mediated a case
against the city of Chattanooga in connection with a 2002 wreck, in
which a local policeman hit a car with five UTC students, one of whom
died. The case was settled in 2004 for $1.1 million. Lectures on
mediation matters to law school students. Practices a blend of
mediation tactics using facilitative, evaluative and transformative
styles. Mediated 2003 contract dispute between HCA and BlueCross
BlueShield of Tennessee. Former president of the Tennessee Bar
Association. Editor-in-chief of TBALink.
Banking
Steve Eisen
Nashville
Baker, Donelson, Bearman, Caldwell & Berkowitz
Further expanded his largest-in-state community banking practice during
the past year. Recognized as a staying power in booming community bank
growth, representing more than 100 banks in Tennessee and surrounding
states. Recently handled 12 bank acquisitions—all involving community
banks, including those on the buyer side. Advised American City Bancorp
during its merger in early 2004 with FSB Bancshares of Henderson. Does
regulatory work for Civitas. Often called upon by “problem” banks to
negotiate and resolve regulatory issues. Expert in predatory lending
law. Specializes in de novo banks. “Has good contacts with the
regulators. Represents by far the most small, non-public banks in the
state.”
Bob Thompson
Nashville
Bass, Berry & Sims
Helped draft Tennessee banking and securities legislation. Permanent
fixture on multiple lists of America’s best lawyers. Represented
Bethesda, Md.-based Coventry Health Care in $1.8 billion acquisition of
First Health Group Corp.; represented Pinnacle Financial Partners in
recent $20 million common stock offering. Other clients include Greene
County Bancorp, Civitas Bancgroup, Wilson Bank Holding in Lebanon,
Community First in Columbia, and Cavalry Bank in Murfreesboro.
Represented First American Bank before it was sold to AmSouth.
“Smartest lawyer in Nashville.” Along with Steve Eisen, sought by
out-of-state banks attempting to get established in Tennessee. Expert
in Sarbanes-Oxley. Harvard Law graduate. Along with Jim Cheek
represents the independent directors of 50 Merrill Lynch mutual funds.
BankruptcyDavid Blaylock
Memphis
Glankler Brown
Focuses on creditors’ rights, insolvency, secured creditor
representation and general commercial law. Teaches seminars on
bankruptcy and commercial law. In the late 1980s, represented Bankers
Trust Co. in the bankruptcy of Julien Co., then the world’s largest
cotton merchant. Member of the American Bankruptcy Institute, the
Commercial Law League and the Bankruptcy and Insolvency Section of the
Commercial Law League of America. Former director of the Mid-South
Commercial Law Institute.
Mark Dessauer Kingsport
Hunter, Smith & Davis
“Handles major corporate reorganizations. Known for doing his own
research unlike many lawyers who generally rely upon young associates.”
“Very able and highly knowledgeable in bankruptcy law.” Former member
of the TBA board of governors.
Craig Gabber
Nashville
Harwell, Howard, Hyne, Gabbert & Manner
A regular counsel in the largest local Chapter 11 cases, frequently on
behalf of debtors. Represented Symphony Healthcare as it filed four
Chapter 11 cases last May. Helped draft rehabilitation plan of Xantus
Healthplan in 1999. Co-counsel in the bankruptcies of Regal Cinemas,
Nu-Kote Holdings, Service Merchandise, Access Health Systems,
Washington Industries and Vendell Healthcare. Represented Columbia
Corp., SunGroup and Birmingham Nashville Express. Barrister at the
Harry Phillips Inn of Court, a group of Nashville lawyers who meet to
improve their skills.
Paul Jennings
Nashville
Bass, Berry & Sims
Co-counsel for Capital One in bankruptcy class action litigation.
Co-counsel for Regal Cinemas and Service Merchandise in their Chapter
11 bankruptcies. Aside from representing creditors in corporate
bankruptcies, handles bankruptcy work for major corporate debtors.
Former president of TBA’s section of commercial, bankruptcy and banking
law.
Jim Kelley
Nashville
Neal & Harwell
Represented Grillco in an effort to buy insolvent Off The Grill
restaurant chain, which filed for Chapter 11 in early 2004. Usually
represents creditors. Bank of America is biggest client. Was active in
American HomePatient’s bankruptcy. Fr- quent speaker at bankruptcy and
commercial law seminars. Contributing editor of Corporations-Formation:
The Law in Tennessee. Fellow at American College of Bankruptcy. Masters
degree in Tax.
Bill Norton
Nashville
Boult, Cummings, Conners & Berry
Since December 2004, president of the American Board of Certification
of Bankruptcy and Creditor Rights Attorneys. Represented the secured
creditors in the James River Coal Chapter 11 case, involving $260
million in secured debt. Represents Holcomb Healthcare Services in a
tangled web of litigation with insiders over intellectual property
designed by prolific Nashville inventor Dr. Robert Holcomb. Also
handles Murray Inc. in Chapter 11 bankruptcy on behalf of primary
unsecured creditor ($40 million). Managing editor of Norton Bankruptcy
Law & Practice, West Group’s 12-volume treatise on bankruptcy law
first edited by his father, Judge William Norton Jr.
Shelley Rucker
Chattanooga
Miller & Martin
Almost exclusively represents creditors in high-profile bankruptcy
cases. Has done work for unsecured creditor committees, lessors and
property managers. Represented Calabrian Corp. in litigation with
debtors Republic Financial Corp. and Noxso Corp. Former president of
Mid-South Commercial Law Institute. Member of the American College of
Bankruptcy Lawyers. Fellow of the Tennessee Bar Foundation.
John Ryder
Memphis
Harris, Shelton, Dunlap, Cobb & Ryder
Instrumental in handling the bankruptcies of Braniff, Julien Cos.,
Microwave Products, Wexner & Jacobson, and XpertTune. “A nationwide
player.” Represents both debtors and creditors. Former Shelby County
Delinquent Tax Attorney. Influential Shelby County Republican. Has
represented unsecured creditor’s committees and trustees. Assistant
County Attorney.
Business litigation
T. Maxfield Bahner
Chattanooga
Chambliss, Bahner & Stophel
“Possesses ethical qualities you cannot expect from a corporate
lawyer,” a veteran Memphis lawyer says. Recently joined American Bar
Association Goal VIII task force. At 70, actively involved in
significant cases. Past president of the Chattanooga Bar Association.
Past governor of the American Bar Association, where he led the
Tennessee delegation for nine years. Chaired the Tennessee Supreme
Court’s Advisory Commission on the Rules of Civil Procedure, helping
the court adopt the Tennessee Rules of Evidence. “Terrific trial lawyer
and business advisor.”
Leo Bearman
Memphis
Baker, Donelson, Bearman, Caldwell & Berkowitz
“Top of the line.” Often the go-to lawyer for clients seeking new
representation. Sought after by judges in need of counsel. Fellow of
American College of Trial Lawyers, teachers at The University of
Memphis School of Law. Widely respected by the Memphis Bar. “One you
can trust.” Groomed sons David and Edward to become prominent lawyers
in the area.
Saul Belz
Memphis
Glankler Brown
“A skilled commercial litigation lawyer who is extremely bright and has
handled some of the largest consumer finance lawsuits” in the Memphis
area. Represented Federal Express in a substantial state tax lawsuit.
Well-versed in business transactions and class actions. With 30 years
of law experience, has appeared on both sides of litigation in class
action matters involving securities fraud and Title VII claims. Has
represented broker/dealers and customers in arbitration and litigation.
Contributing co-author of the American Bar Association’s state class
action report. “Really outstanding trial lawyer.”
Steve Riley
Nashville
Bowen, Riley, Warnock & Jacobson
“Ethical and reasonable,” “very aggressive” litigator. Represented HCA
in Medicare investigation and shareholder lawsuits. Counsel to
Bridgestone in tire-related lawsuits. Other clients include renal care
giant Fresenius and UnumProvident. Instrumental in the J.C. Bradford
class action morass. In recent years, his practice has evolved toward
pre-trial work and settlements, as is common among business torts
lawyers.
Bob Walker
Nashville
Walker, Bryant, Tipps & Malone
“If I really had my tail in a crack, he’d be the first person to call.”
Involved in most prominent corporate lawsuits in Nashville of the past
three decades. Successfully represented Harding Academy in its property
dispute with Nashville Metro government. Represented Nashville
Predators against Gaylord Entertainment Co. Earlier was involved in
class action suits with CCA, Sirrom and HCA. Rep- resented Vanderbilt
in multiple, complex cases. Able to sway juries by speaking the common
man’s language. “Stellar.” Feared as a litigator.
Civil RightsBruce Kramer
Memphis
Borod & Kramer
Represented ACLU against the city of Memphis. High-profile civil
liberties attorney, gained renown for suing other lawyers and being
unafraid of taking unpopular stands. Represented Harry Reems, adult
film start in Deep Throat, in the 1976 pornography case against dozens
of people. On board of ACLU’s Tennessee chapter. Cases include
ERGON/Amoco v. Phillips Petroleum, Rural West Tennessee
African-American Affairs Council Inc., et al. v. Ned McWherter, and
Pepsico v. Coca-Cola.
Collections
John R. Cheadle
Nashville
Cheadle & Cheadle
Tends to statewide collection needs from on high. “Has been flying the
wings off” of his Twin Commander turbo prop plane churning out
collections. Represents large lenders, such as Bank of America,
SunTrust and Union Planters. Also represents large insurers (Allstate,
Shelter Insurance Co. and Nationwide Insurance). Recently handled
receivables of Governor’s Crossing Mall in Sevierville and properties
of defunct Cooker restaurant chain in three states. Maintains an office
in Knoxville.
ConstitutionalJim Blumstein
Nashville
Vanderbilt faculty
With five successful U.S. Supreme Court cases under his belt, two of
which he argued, is considered a premier authority on constitutional
issues in the state. Author of scores of law texts on medical law,
government, inflation, health care reform and regulation. Directs the
Health Policy Center at the Vanderbilt Institute of Public Health
Policy Studies. Has been principal investigator in researching managed
care, hospital management and medical malpractice. Turned down Emory
deanship to remain at Vanderbilt. In 2003, named a “University
Professor” with tenure in both the medical and law schools.
ConstructionKim Brown
Nashville
Sherrard & Roe
Focuses on commercial construction, handling transactions in Tennessee,
Texas, Florida and California. Represented Tractor Supply in purchase
of roughly 100 units of bankrupt Quality Stores. Represents Bank of
America, US Bank and AmSouth in lending matters. Sometimes steps in as
conflict counsel when the main counsel for the bank has a conflict of
interest. Lectures to professional and industry groups on public and
private finance. Has consulted for music startups on licensing
agreements in areas of intellectual property and Web disclosure.
Ann Cargile
Nashville
Boult, Cummings, Conners & Berry
Highly visible construction and real estate attorney in the state.
Among most notable clients are Willis North America, American Realty
Advisors, Lincoln National Life Insurance Co., MetLife and Brookside
Properties. Represents landlords and tenants in retail, office and
industrial leases. Former chair of the Board of Equalization of the
Metropolitan Government of Nashville and Davidson County. Member of the
American College of Real Estate Lawyers.
CorporateBen Adams
Memphis
Baker, Donelson, Bearman, Caldwell & Berkowitz
As president of Tennessee’s biggest law firm, oversaw a major expansion
in 2004 with the opening of a Louisiana office with attorneys from
three firms (Locke, Liddell & Sapp; Shaw, Norton & Degan; and
Phelps Dunbar). Last year, merged Dinsmore & Shohl’s Nashville
lawyers into the firm’s office there. Readies the firm for further
expansion in 2005. Most notable clients are Hunter Fan Co., Buckeye
Technologies, the University of Tennessee Medical Group and J.R. “Pitt”
Hyde.
Billy Solmson
Memphis
Wyatt, Tarrant & Combs
Focuses on general corporate work, as well as mergers and acquisitions
and financial transactions. Taught business law at the University of
Memphis. As a special committee member of the Tennessee Bar
Association, helped develop a uniform Tennessee legal opinion accord.
Board member of the Memphis Food Bank, among other civic organizations.
James Weaver
Nashville
Waller, Lansden, Dortch & Davis
Point person in corporate relocations. His firm brought HCA and Titans
to the state. Highly effective in getting incentives for companies
relocating to Tennessee. “Recognized locally and nationally.” Helped
develop commercial projects in Cool Springs near Franklin and Turkey
Creek in Knoxville. Instrumental in the development of Viridian, a
downtown Nashville residential tower. Clerked for Chief Justice William
Harbison of Tennessee Supreme Court. Board chair of Washington,
D.C.-based Impact Strategies. Knowledgeable in environmental law.
Former member of the United Way of Middle Tennessee Agency Review Team.
Lead outside counsel to the Tennessee Lottery Corp. during its 2003
startup.
Defense Litigation (Criminal)
James A.H. Bell
Knoxville
Sole Practice
Well-known for his “take no prisoners” approach. Also handles DUI
cases. Past year’s wins were not in the courtroom, but in the
prosecutor’s office “based on Bell’s uncanny ability to uncover facts
that cast doubt on the prosecutor’s case.” Former three-term
parliamentarian for the National Association of Criminal Defense
Lawyers. Heeney Award Recipient. “The most determined, aggressive
lawyer for contesting facts that make the difference.” Past president
of the Ten-nessee Association of Criminal Defense Lawyers.
Kemper Durand
Memphis
Thomason, Hendrix, Harvey, Johnson & Mitchell
“Distinguished criminal defense attorney.” Represented Clark McMillan,
who was freed from jail after being convicted for rape and robbery 23
years ago and sentenced to 119 years in prison. McMillan, who was
exonerated by DNA testing, may ask for $800,000 in compensation.
Specializes in criminal defense, civil litigation and immigration.
Represented U.S. District Judge Jon McCalla in 2001 behavioral
counseling case in Memphis. Former assistant U.S. attorney for the
Western District of Tennessee.
Jim Neal
Nashville
Neal & Harwell
Most acclaimed trial lawyer in state, has become active after a
relative period of calm. Represents Mississippi trial lawyer Paul Minor
in corruption and extortion litigation involving a Mississippi Supreme
Court Justice. Represented University of Alabama athletic booster Logan
Young against federal charges of conspiracy and racketeering.
Prosecuted Jimmy Hoffa while special assistant to Attorney General
Robert Kennedy. Offered no-fee legal services to old friend Al Gore
during ex-VP’s second term.
Bob Ritchie
Knoxville
Ritchie, Fels & Dillard
With 40 years of experience in criminal defense, well-known across the
state as a reliable attorney. “One of the first ones who come to mind
in the field statewide.” Past president of the Knoxville Bar
Association, National Association of Criminal Defense Lawyers, and
founding president of Tennessee Association of Criminal Defense
Lawyers. “An accomplished problem-solver.” Along with partner Tom
Dillard recognized nationally as a “star” in criminal defense. “One of
the top few with Jim Neal.” Also handles bankruptcy cases.
Defense Litigation (White Collar)
Roger Dickson
Chattanooga
Miller & Martin
Successfully represented Tyson Foods in immigration litigation in
Chattanooga Federal Court. Tyson’s verdict was deemed last year “The
No. 1 Defense Win of 2003” by the National Law Journal. Other cases
involve antitrust and labor law violations, bank fraud, Medicare fraud,
and tax matters. Former U.S. Magistrate for the Eastern District of
Tennessee. Fellow of the American College of Trial Lawyers.
David Raybin
Nashville
Hollins, Wagster,Yarbrough, Weatherly & Raybin
Former assistant attorney general was called upon last summer by Gov.
Phil Bredesen to preserve criminal sentencing laws in Tennessee, which
are in limbo after the U.S. Supreme Court decision in Blakely v.
Washington. Expert on Racketeer Influenced and Corrupt Organizations
Statue, or RICO. Handles the 2004 RICO lawsuit by AmeriGas, a U.S.
propane distribution giant, which claims it was swindled to the tune of
$1 million by three of its top Midstate managers. Successfully
represented Christopher Flake, former criminal justice student with
mental problems, after he was convicted of killing two people.
Jimmy Sanders
Nashville
Neal & Harwell
In top echelon of Nashville’s criminal defense attorneys. Tries cases
nationwide. Defended director John Landis in Twilight Zone case and
Exxon in Valdez spill. Fellow in the American College of Trial Lawyers.
Was counsel to Bridgestone/Firestone in tire litigation. Represents
Ingram Industries, Morgan Stanley Dean Witter, Qwest Communications.
Works in civil litigation. Fellow of American College of Trial Lawyers.
Practiced with legendary Neal since 1978.
DUI
Marvin Ballin
Memphis
Ballin, Ballin & Fishman
Runs DUI and criminal defense practice with son Leslie and grandson
Blake, who just joined the firm at age 25. “For any businessman in DWI
trouble, Marvin is the go-to guy.” Memphis civil litigation lawyers
turn to him for help “when we don’t know how to get [clients] out of
jail.” Represented Mario Jefferson, who was convicted of killing his
stepfather with a 29-inch samurai sword. Well-known in Memphis legal
community for salty sense of humor and colorful personality. When a
courtroom deputy mused on young Blake’s arrival at the firm, implying
that Ballin has someone to pass a torch to, the 73-year-old lawyer
replied: “Let the little S.O.B. get his own torch. I’m still trying to
make my own living,” as quoted in The Commercial Appeal.
Roger May
Nashville
Willis & Knight
Client roster reads like who’s who of the Nashville sports scene:
Titans quarterback Steve McNair, hockey star Denis Arkhipov. Other
celebrity clients include Marty Stewart, Terry Clark and Jennifer
O’Neal. Former assistant district attorney. Also has tried cases in
Memphis, Chattanooga and Clarksville.
Steve Oberman
Knoxville
Daniel & Oberman
“Godfather statewide in the area of DUI.” Author of DUI: The Crimes
& Consequences in Tennessee. Co-author of Drunk Driving Defense.
Represents high- profile clients in Knoxville and across the eastern
part of the United States. “Brilliant lawyer, great teacher.”
Well-regarded trial attorney. Adjunct professor at UT Law. Lectures in
Knoxville, Nashville and Atlanta. Member of the National Association of
Criminal Defense Lawyers. DUI College member. Lectured FBI trainees in
Virginia.
Entertainment
Mike Milom
Nashville
Bass, Berry & Sims
Considered one of the top entertainment lawyers not just in the state
but in the country. Biggest name in entertainment law in Music City.
Among his clients—Hank Williams Jr., Brooks & Dunn, Trick Pony and
Alabama. Founding director of the Copyright Society of the South. On
ABA’s Copyright Office Committee of intellectual property.
Environmental
Drew Goddard
Nashville
Bass, Berry & Sims
Duke Law graduate with an engineering degree from Vanderbilt.
“Understands factories better than factory owners.” Represents big-name
firms across the state, including Eastman Chemical in Kingsport.
Successfully negotiated many enforcement consent orders with U.S. EPA,
the Tennessee Department of Environ ment and Conservation and other
agencies. Lobbied for changes in environmental regulations and Title V
air permit legislation. Defended proposed Superfund listings by the
Tennessee Department of Environment and Conservation. Former chair of
the TBA’s environmental section.
Charlie Newman
Memphis
Burch, Porter & Johnson
One of the principal lawyers in a dispute with the feds originating in
the 1960s regarding efforts to build an interstate through Overton
Park. Active in conservation as it relates to environmental issues.
“High-profile—knows how to resolve a pollution situation.” Knows the
ins and outs of government regulations. “Smart as hell.” Director of
the National Civil Rights Museum Foundation, Memphis Public Library
Foundation, LeMoyne-Owen College and Memphis College of Art.
Lou Woolf
Knoxville
Woolf, McClane, Bright, Allen & Carpenter
“Has handled a number of cases from the civil side.” Known for taking
on property and personal injury lawsuits arising from air and water
pollution, hazardous and non-hazardous waste, as well as Superfund
litigation.
ERISA
Gordon Nichols
Nashville
Boult, Cummings, Conners & Berry
Team leader of employee benefits and executive compensation team at the
firm. One of the most knowledgeable ERISA practitioners in the state.
Specializes in health care providers, including individual physicians,
physician groups, hospitals and other institutions on pension matters.
Handles pension and welfare benefits disputes. Savvy in employment
agreements, nonqualified deferred compensation plans, and stock-based
compensation. Prior to joining Boult in 1988 was partner in the Houston
predecessor of Locke, Liddell & Sapp (whose Louisiana office merged
into Baker Donelson last year).
Family Law/Divorce
Jim Martin
Nashville
Stites & Harbison
“Top of my referral list for sure.” Usually first choice among males in
divorce cases, though he represents both men and women. Represented
Nashville Banner publisher Irby Simpkins in 2000 divorce from Peaches
Simpkins. Lectures on taxation, discovery procedure and drafting
settlement agreements. Member of the Domestic Relations Code Commission.
Dorothy Pounders
Memphis
Pounders & Coleman
“Very good across the board.” Always on the short list to be hired for
highly visible and big money domestic relations disputes. “Handles
cutting-edge cases.” Chairs alternative dispute resolution section of
the Memphis Bar. Recipient of the Lawyer’s Lawyer award by the Memphis
Bar Association. Vice president of the Memphis and Shelby County Bar
Foundation.
Sarah Sheppeard
Knoxville
Sheppeard & Swanson
Teaches seminars on divorce matters to roughly 4,000 lawyers a year.
“Does a great job.” Filed a successful appeal to the Tennessee Supreme
Court in Synthia Lee Bratton v. Michael Wayne Bratton, questioning the
validity of post-nuptual agreements on behalf of the husband. That
particular agreement was deemed invalid for lack of consideration.
Former member of the Tennessee Law Review. Also lectures to several
hundred judges a year as part of the Tennessee Judicial Conference.
Caesar Stair
Knoxville
Bernstein, Stair & McAdams
“One of the top-notch attorneys in the state.” “Handles a good bit of
domestic relations and is recognized in that area.” Represented Dr.
Curtis Elam in Gallaher v. Elam in a highly publicized child support
case. Submitted the first brief to the Tennessee Supreme Court
challenging the state’s child support guidelines that determine awards
based on the noncustodial parent’s income.”
Bob Tuke
Nashville
Trauger, Ney & Tuke
Chairman of the Kerry-Edwards effort in Tennessee. The foremost
adoption lawyer in the state. Became active in the field after adopting
two children. “Basically wrote Tennessee adoption laws.”
Accomplishments of the past year include recruiting Leilani Boulware to
Meharry Medical College as vice president. Improved cooperation between
Metro General Hospital and Meharry. Represented hundreds of parents, in
addition to corporate practice. Also practices securities, health care
and business law. Marine veteran of Vietnam, holds Cross of Gallantry
award in combat.
First Amendment
Rick Hollow
Knoxville
Watson & Hollow
R epresented the Tennessee Press Association in Tom Henderson et. al.
v. Southern States Police in a successful bid to obtain photos of
Hamilton county police officers involved in the arrest of an
African-American male who died while being apprehended. Tennessee
Supreme Court in March denied the officers’ appeal, which challenged
constitutionality of Tennessee open records law. Director of the
Tennessee Coalition for Open Government. Represents the Knoxville News
Sentinel, does a lot of work for WBIR (News Channel 10), WVLT (Channel
8). Defended other TV stations in First Amendment claims. Defended
Larry Flint twice in the 1980s when Hustler was sued in upper East
Tennessee and Knoxville.
Al Knight
Nashville
Willis & Knight
V eteran First Amendment attorney for The Tennessean. Argued for media
access to NES customer information. Challenged sealing of settlement
between Lebanon and a private citizen. Was lead attorney in Tennessean
efforts to open files on Kirby Pines Estates in 1996 Sundquist campaign
controversy.
General Civil Litigation
Phil Fleissner
Chattanooga
Sole Practice
Active in the $36 million global settlement of the class action
Tri-State Crematory litigation in Georgia’s northern district court.
“Very bright, creative trial lawyer.” For many years handled both
straightforward and complex defense matters. “Knows everybody in
Chattanooga.” Repre- sented UnumProvident in insurance litigation.
Involved in the Georgia crematory cases. Succeeded in efforts to grant
those cases class action status. Concentrates on employment law,
environmental law, ERISA, and disability insurance. Along with wife
Cathy, active in charitable causes. Captain, U.S. Marine Corps Reserve.
Health Care (Regulatory)
Dan Elrod
Nashville
Miller & Martin
Represented the Tennessee Hospital Association on exclusive physician
contracting. Active in certificate of need (CON) disputes. Represented
The Blakeford at Green Hills in state regulatory matter. “Important
lobbyist” on behalf of hospitals and insurers in the Tennessee General
Assembly. Client roster includes Baptist and St. Thomas hospitals.
Charles Key
Memphis
Bogatin Law Firm
“Probably the leading health care lawyer in Memphis.” Concentrates on
regulatory issues, representing health care providers, physician groups
and other related organizations. Active anti-kickback regulation,
self-referral (Stark), reimbursement and HIPAA-related matters. Focuses
heavily on nonprofit organizations, which he counsels on choosing a
business form, antitrust and employment issues. Former general counsel
to 650-physician IPA in St. Louis, Mo.
Cindy Reisz
Nashville
Bass, Berry & Sims
Securities law savvy often helps attend to her fast-growing health care
clients. Chairs the firm’s health care practice. Past chair of
Tennessee Bar Association’s health law section. Clients include AmSurg
and American Healthways. Represented Surgical Alliance as it planned a
new rehab hospital and New Light Imaging Partners with its new
outpatient center.
Max Shelton
Memphis
Harris, Shelton, Dunlap, Cobb & Ryder
Well thought of in the health care community. Represents Baptist
Healthcare. Expert in nonprofit health care policies and
Medicare/Medicaid reimbursement. Adjunct professor at UT-Memphis.
Member of Amer ican Health Lawyers Association and Tennessee Academy of
Hospital Attorneys.
Health care (Transactional)
George Bishop
Nashville
Waller, Lansden, Dortch & Davis
“Terrific. Skilled in business issues and efficiency of getting
transactions done.” “Seeing him on the other side means it’s a done
deal.” Key player since the early days of Nashville’s health care
industry. Founder of TBA’s health law section. Expert on securities and
offerings, with focus on syndications of health care facilities and
venture capital financings.
Dick Cowart
Nashville
Baker, Donelson, Bearman, Caldwell & Berkowitz
This year’s president of the American Health Lawyers Association—one of
the top honors in the field. Brings “a ton of business” to the firm
after merging his Jackson, Miss., practice with Baker Donelson. Clients
include The Med and BMH of Memphis, Erlanger, Wellmont, Quorum and
Renal Care Group. Respected as a national player with 25 years of
experience. Sees his mission at AHLA as expanding into the
pharmaceutical industry and increasing representative diversity in the
nation’s health law bar. President of the Southern Institute of Health
Law and author of numerous articles in the field.
Berry Holt
Nashville
Boult, Cummings, Conners & Berry
President of the Tennessee Academy of Hospital Attorneys. Has served on
the boards of the Nashville Healthcare Council, the Middle Tennessee
Medical Center, St. Thomas Hospital and the Mental Health Cooperative.
Founding board member of the Leukemia Society of America. Also advises
First Tennessee Bank.
Mark Manner
Nashville
Harwell, Howard, Hyne, Gabbert & Manner
With clients in both public and private companies spanning the United
States and Canada, is recognized as premiere expert on corporate health
care transactions and capital formation. Represents American
HomePatient, Advocat, Central Parking Corp., Private Business and
BioMimetic Pharmaceuticals among others. One of the few biotechnology
legal experts in Nashville; member of Tennes-see Biotechnology
Association. Director of respiratory disease pharmaceutical company
GeneRx+. Former antitrust attorney for U.S. Department of Justice.
“Green goods lawyer”—helps raise capital and helps companies grow.
“Excellent board attorney.”
Immigration
Linda Rose
Nashville
Rose Immigration Law Firm
Hawaii transplant; has been focusing exclusively on immigration in
Tennessee for past 14 years. Most clients are in entertainment,
manufacturing and higher education venues. Takes delayed naturalization
cases to Federal Court. On board of American Immigration Lawyers
Association. Helps train lawyers and businesses in new electronic labor
certification filings. Lectures on immigration law; adjunct professor
at Vanderbilt Law. Lectures on business immigration. Masters degrees in
public health and anthropology.
Greg Siskind
Memphis
Siskind Susser
One of the leading immigration lawyers in the nation. Made November
2003 cover of ABA Journal. Among the first in field to harness the
Internet to attract legal work. Writes technology column for
Immigration Law Today. Commutes regularly to Nashville to maintain
large employment practice with health care companies. Recently landed
accounts with International Paper, Cirque du Soleil and St. Jude
Children’s Hospital. Firm expanded to 21 attorneys between head office
in Memphis and branches in nine other cities, including Toronto and
Beijing.
Intellectual Property
Phil Kirkpatrick
Nashville
Stewart, Estes & Donnel
“Hardest working man in the business and as smart as they come.” Also
known as tough litigator. Litigates entertainment, intellectual
property, products liability and fire loss cases. Counsel to Universal
Music Group defendants in Bridgeport Music litigation that began with
900-page complaint. Has defended products for Black & Decker and
Sunbeam. Represented MCA in lawsuit with Curb over Judd master
recordings. Other big cases include Brown v. Tabb and United Brake
Systems Inc. v. American Environmental Protection.
Sam Lipshie
Nashville
Boult, Cummings, Conners & Berry
Broad experience in acquisition and disposition of media, broadcast and
intellectual property. Handles all manner of copyright, royalty and
intellectual property litigation. Expert in Uniform Commercial Code,
trade secrets and noncompete agreements. Member of the Association of
Trial Lawyers of America and the Tennessee Trial Lawyers Association.
Andrew Neely
Knoxville
Leudeka, Neely & Graham
Name partner in Tennessee’s oldest intellectual property firm, whose
clients include UT, Lexmark, ORNL, Goody’s, Clayton Homes, De Royal and
Ruby Tuesday. Began patent practice in Texas. Now focuses on
electronics and startup companies, trade secrets, trademark and
copyright matters. Involved in cases over inkjet and laser printers,
circuit design, infrared and gamma technologies among a host of things.
"Very good."
Robert E. Pitts
Knoxville
Pitts & Brittian
Focuses on dispute resolution involving patent, copyright and trademark
rights. As lead trial counsel, has recovered more than $45 million on
behalf of clients in such disputes. Along with partner Bob Brittian,
defended Brooks Furniture Manufacturing against Canada-based Dutailier
Inc. Member of the American Intellectual Property Law Association.
Jack Waddey
Nashville
Waddey & Patterson
Leads the city’s only intellectual property firm. Aerospace engineering
degree from Auburn. Advises clients on trademark, patent and copyright
matters along with partner Wayne Beavers, who was general counsel for
Gibson Guitar. Known as effective prosecutor of intellectual property.
Labor/Employment
Bob Ballow
Nashville
King & Ballow
“One of the most respected corporate defense attorneys on labor issues
in the country.” Many media clients include San Francisco Chronicle,
which he represented in 1994 strike, along with the Chicago Tribune and
New York Daily News. Former general counsel for International
Circulation Mangers Association. “Notorious union buster.” Represented
Dean Singleton in his purchase of Salt Lake Tribune. Behind San
Francisco’s Fang family, which controls the Examiner, as well as the
Independent and Asian Weekly. Represents George Clinton and his 473
currently pending copyright lawsuits in Bridgeport v. Dimension films.
San Diego office.
Bob Boston
Nashville
Waller, Lansden, Dortch & Davis
Mainly represents employers in complicated wrongful termination issues.
One of the top employment lawyers representing Bridgestone/Firestone
and numerous health care companies. Handles cases arising out of
compensations disputes, as well as compliance. Heads dispute resolution
group at the firm. Board member of state Department of Labor &
Workforce Development.
Lewis Hagood
Knoxville
Arnett, Draper & Hagood
Handles commercial mediation as well as employment discrimination,
ERISA and civil cases. Was permanent arbitrator for labor disputes
between Department of Energy contractors at Oak Ridge and the Building
Trades Union. “What sets Lewis apart is that he practiced in that area
all his life, first for unions and since then for employers.” Authored
numerous articles on labor and employment topics. “Highly skilled
mediator,” with more than 50 mediations of labor and employment
discrimination disputes for TVA, U.S. Postal Service and the IRS under
his belt.
John B. Phillips
Chattanooga
Miller & Martin
Deputy general counsel for labor and employment at Coca-Cola. Currently
defends the company in race discrimination class action cases in New
York and Cincinnati. Also represents Coca-Cola in class-action
wage-hour case in Louisiana. “Very capable employment lawyer.” Recently
set up ADR programs for two state clients for dealing with
employment-related disputes. Has coordinated employment audits for
companies across the country. Called in when major corporations
downsize. Conducts in-house seminars and training sessions for
supervisors and managers.
Bruce Shine
Kingsport
Shine & Mason
“One of the leading labor lawyers in the Southeastern United States.”
Won the first Sarbanes-Oxley whistleblower case in the nation, Welch v.
Cardinal Bankshares. Client David Welch, the bank’s chief financial
officer, was restored to the job with back pay and attorney’s fees.
Former chair of TBA’s labor and employment section. “Has seen the
evolution of several employee-owned companies.” Former chair of TBA’s
labor and employment section. Visiting fellow at the International
Maritime Law Institute in Malta, where he lectures on EU legal issues.
Opened Malta’s consulate in Tennessee last year.
Medical Malpractice Defense
Brook Lathram
Memphis
Burch, Porter & Johnson
Highly skilled, extremely diligent trial lawyer. Besides medical
malpractice, concentrates on pharmaceutical products liability,
antitrust matters and other commercial litigation. Has argued a pro
bono criminal case before the U.S. Supreme Court that received national
attention and garnered the volunteer of the year award by the TBA.
Member of the Supreme Court Advisory Commission on Tennessee Rules of
Evidence and Civil Procedure. Former director of the Memphis Bar
Association. Author of “Same Intellectual Rigor” test on expert
testimony.
Darryl Lowe
Knoxville
Lowe & Yeager
Focuses almost exclusively on defense work. Last year won cases against
a marina and a bridge builder. Defended Jefferson City dentist Woody
Stinson in the case over crowning material that had to be removed from
plaintiff’s intestines. Defends other lawyers in legal malpractice
cases. Recently handled two allegedly contaminated food cases. Won a
product liability case for an out-of-state mattress maker maintaining
that bedding material could not suffocate a nine-month-old infant.
Personal Injury (Plaintiff)
Sid Gilreath
Knoxville
Gilreath & Associates
Has tried cases in 10 states, winning multi-million dollar verdicts for
his clients. Won a $44 million jury verdict for a quadriplegic child in
a minivan accident; a $3.9 million verdict for his paraplegic client in
a case involving a school bus with faulty brakes. Other cases involve
exposure to asbestos, contaminated ground water, medical malpractice
and worker’s compensation matters. Former president of the Tennessee
Trial Lawyers Association.
Randy Kinnard
Nashville
Kinnard, Clayton & Beveridge
“Huge.” Known and rightfully so as the best medical malpractice lawyer
in the state. Famous for reaching a settlement with Vanderbilt in 2001
case for a man whose penis fell victim to a faulty prostate procedure.
Won $6.5 million for woman who suffered a brain injury after a tubal
ligation. Many other multi-million dollar winnings for clients who were
injured in hospitals. President of Tennessee Trial Lawyers Association.
Decorated Airborne Ranger in Vietnam.
Mary Parker
Nashville
Parker & Crofford
“Hard worker with a good reputation.” Ranked among the nation’s top
litigators by the National Law Journal. Tries sexual harassment,
products and medical malpractice cases. Tight with John Edwards family.
Chaired People of Faith for Kerry & Edwards during the campaign.
“Brought a lot of energy and really important faith-based perspective
to the campaign.”
Bob Pryor
Knoxville
Pryor, Flynn, Priest & Harber
For past 35 years, focused on personal injury practice. “Consummate
lawyer in front of a jury.” “Funny, meticulous, persuasive and really
good.” Also known for medical negligence work. Co-author of
three-volume set of books on products liability. Former president of
Knoxville Trial Lawyers Association. Advo-cate for mandatory auto
insurance laws.
David Randolph Smith
Nashville
David Randolph Smith & Assoc.
Head counsel for 17 families in 2003 fatal Nashville nursing home fire
litigation and was instrumental in settling. “Excellent in handling
that case.” Represented families in a televised autopsies case. Handles
construction accidents and obstetrics malpractice. Among notable cases:
Ashe v. Radiation Oncology Associates, Foley v. St. Thomas Hospital,
and Williamson County Broadcasting Co. v. Intermedia Partners. Taught
at Vanderbilt Law. Author of Trial Advocacy in Tennessee.
Public Finance
Mark Mamantov
Knoxville
Bass, Berry & Sims
Managing partner at the firm’s Knoxville office that he co-founded.
Carried out a rare transaction last year as bond counsel for Knoxville
Community Development Corp., in which it borrowed funds in anticipation
of future housing authority grants. Helps redevelop downtown Knoxville
with implementing of tax increment financing incentives. Began work as
bond counsel on a $100 million financing of Y-12 facilities in Oak
Ridge. Helped develop a $50 million financing plan for an Oak Ridge
school. Great grandfather was cabinet minister to Czar Nicholas II.
Cheryl Patterson
Memphis
Wyatt, Tarrant & Combs
Specializing in public finance and corporate transactions. Involved in
most of the big bond deals in Memphis, including the FedExForum bonds,
the new MLGW bonds and a private bond deal for Crichton College.
“Behind-the-scenes player on a lot of big deals.” On the board of
Children’s Museum of Memphis and Bridges. Member of the National Assoc-
iation of Bond Lawyers. Lectured on general corporate and public
finance topics. Has served as bond counsel, underwriters’ counsel and
developers’ counsel in tax-exempt general obligation bonds and revenue
bonds financing low income housing, hospitals, nursing homes and
universities. Harvard Law graduate.
Charlie Wray
Nashville
Bass, Berry & Sims
Focuses on tax-exempt finance with 25 years of experience. Frequent
bond counsel to issuers of small industrial revenue bonds, sometimes
backed by bank credit letters. Involved in financings backed by
AmSouth, Bank of America, Wachovia Bank and SunTrust. Handles real
estate, other commercial transactions. Bond counsel for Eastman
Chemical and DuPont. Works with nonprofits on financings. Harvard Law
graduate with top honors. Member of National Association of Bond
Lawyers. Former mayor of Oak Hill.
Real Estate
Jim Haley
Chattanooga
Miller & Martin
“One of the top real estate lawyers in the area.” Very involved in real
estate matters in Chattanooga. Property lawyer for the Corker Group,
which was started by Mayor Bob Corker. “Very well-known business
transactional lawyer.” On board of Chattanooga Bar Association.
Managing partner. Significant amount of real estate background.
“High-quality lawyer.” Lead counsel for two Tennessee banks in $20
million financings for acquisition and development of a 1,300-acre
tract in Wyoming. Borrower’s counsel on $200 million senior credit
facility and a related synthetic lease transaction. Represented a bank
in $7 million financing of a Georgia carpet maker.
Hunter Humphreys
Memphis
Glankler Brown
Represents multifamily residential and commercial developers. “Very
detailed and thorough real estate lawyer.” Also represents landlords in
negotiating credit facilities secured by their real estate holdings.
Speaks frequently on secured lending. Teaches a course on real estate
transactions at the University of Memphis School of Law. Does estate
planning work. Works on transactions with Meritex Enterprise and Cooper
Realty Investments. Also represents Ledic Management, largest
multifamily apartment management company in Mid-South.
Securities
Jim Cheek
Nashville
Bass, Berry & Sims
“The dean of almost everything.” Counsel to the independent directors
of the American Stock Exchange in its sale from NASD to the members of
the exchange, a “very complex matter.” Clients include American
Healthways, HCA, Genesco, Thomas Nelson and Bright Horizons. Represents
independent directors of ICI Mutual insurance company. “Has a huge
stable of companies that rely on him.” Represents independent directors
of nearly 100 mutual funds managed by Merrill Lynch Investment
Management. Major faculty member of San Diego Securities Law Institute.
“One of the sharpest guys I’ve ever seen.” Top-notch in handling
special investigations when they come up. Almost a full-time job just
attending board meetings of his clients. Thoroughly connected on Wall
Street. Former chair of legal advisory boards of both the NYSE and
NASDAQ.
Chase Cole
Nashville
Waller, Lansden, Dortch & Davis
Experienced in all facets of securities work with focus on big public
offerings. Clients include LifePoint ($200 million convertible
subordinated note offering), Province Healthcare ($150 million note
offering). On ABA’s negotiated acquisitions and federal regulation of
securities committees. Has been the key attorney on most HCA spinoffs.
“Really involved in the Nashville health care empire.” Also practices
in mergers and acquisitions, and corporate law. “No-nonsense approach.
You never feel like you’re on the meter with him.”
John Good
Memphis
Bass, Berry & Sims
Concentrates on SEC, mergers and acquisitions. Former member of the
securities and mergers and acquisitions practice groups of Baker
Donelson. Lectured on securities law topics; panelist for Strategic
Research Institute on REIT mergers and acquisitions. Biggest clients
are Mid-America Apartment Communities and National Commerce Financial
Corp. Represented Mid-America in $90 million IPO of common stock and in
nine follow-on public offerings of common or preferred stock
aggregating $600 million of additional equity capital. Counsel to
Commerce Financial Corp. on additional acquisitions since August 1999
having aggregate transaction values in excess of $300 million.
Shep Tate
Memphis
Tate, Lazarini & Beall
Has carved a niche in securities litigation dealing with employment
contracts of stock brokers and non-compete agreements. Does a lot of
work for the Merrill Lynch and Morgan Keegans of the world. “One of the
best in the state.” Authored multiple courses and seminars in
securities litigation. Represents brokerage companies when brokers
leave and move their book of business to another firm. Concentrates on
arbitration. Recently opened an office in Tampa. Represented National
Bank of Commerce, handling securities litigation.
Mitch Walker
Nashville
Bass, Berry & Sims
Clients have included numerous Tennessee publicly traded corporations,
such as Gaylord Entertainment Co., Performance Food Group, Corrections
Corp- oration of America and J. Alex- ander’s. Represented Gaylord in
its purchase of ResortQuest. “Has great reputation.” “Brilliant. His
clients love him.”
Social Security
Harry Smith
Mountain City
Smith & Cockett
Recently opened second office in Kingsport next to the Social Security
Administration’s appeals office. “Most effective lawyer in this area.”
Handles 50-60 cases a year, largely on behalf of poor, disabled
clients. Well-known for his work in the Sixth Circuit Court of Appeals.
“Whether its representation before the agency or appeals in the U.S.
District Court, no one holds a candle to him.”
Tax
Dale Allen
Knoxville
Woolf, McClane, Bright, Allen & Carpenter
Well known for tax work along with colleague Jim McCarten. “Really
good, top-notch tax attorney.” Taught at UT Law. On Knoxville’s estate
planning council. Represented management in Walter v. Nucleus Inc. in
1990, defining fair value in Tennessee. Was counsel in Tibbals Flooring
v. Huddleston. Has represented clients in state tax litigation
involving industrial machinery and amusement tax matters. First
lieutenant, U.S. Army Special Forces.
Walter Lee Davis
Johnson City
Sole Practice
“CPA to boot and one of three lawyers that I am aware of in the
Tri-Cities who truly engages in tax and estate preparation. He,
however, is the best.” Former chairman of the Johnson City Regional
Planning Commission, former president of the Tri-Cities Estate Planning
Council. Speaks on estate planning topics. On the board of the National
Association of Estate Planners and Councils. Memphis native, Vanderbilt
Law graduate.
William Fones
Memphis
Baker, Donelson, Bearman, Caldwell & Berkowitz
“One of the best tax lawyers in Memphis.” Master of corporate and
business planning, as well as mergers and acquisitions. Does business
throughout Tennessee, Mississippi, Alabama. Focuses on corporate work,
real estate investment trusts and regulated investment companies. He
has handled federal and Tennessee state and local tax controversies at
the administrative level and in court. Prior to joining the firm in
1981, held numerous positions with the IRS in Washington, D.C. Clerked
with the U.S. Court of Claims there.
Joe Gibbs
Nashville
Boult, Cummings, Conners & Berry
Head of the firm’s tax group. “Thought of very highly in the tax
world.” Advises clients on tax consequences of real estate transactions
and development. Has advised foreign nationals on the U.S. tax
treatment of their U.S. investments. “A really nice fellow.” On board
of Paul J. Hartman Institute at Vanderbilt. “Very knowledgeable in
state and local taxes.”
Charles Trost
Columbia
Waller, Lansden, Dortch & Davis
“A tax guru of a lawyer.” Knowledgeable in state and local taxes. Was
instrumental in tweaking the 1999 excise tax law that imposed harsher
rules on limited partnerships. After multiple meetings with the
Sundquist administration, the law became “more user-friendly than the
original proposal.”
Trusts & Estates
Tom Buckner
Memphis
Apperson, Crump & Maxwell
“Premier tax and estate planning expert.” Has a large practice composed
of high net worth individuals. Expert in family limited partnerships,
estate planning and divorce. Former tax counsel to Memphis Bar.
Graduate of Virginia Military Institute and Vandy Law. Captain, U.S.
Air Force.
James Gooch
Nashville
Bass, Berry & Sims
Handles tax matters for many of Nashville’s wealthiest families. Former
president of the Tennessee Federal Tax Institute. Fellow of the
American College of Trust and Estate Council and a trustee of the
Southern Federal Tax Institute. Former president of the Tennessee
Federal Tax Institute. Started career in U.S. Army’s JAG Corp, followed
by earning an LL.M. in tax from New York University. Joined Bass in
1972. Former chairman of the TBA’s tax section.
Robert McMurray
Cleveland
McMurray Law Office
Among most notable cases are Headrick v. Commissioner; Cleveland Bank
& Trust Co. v. Olsen, and First National Bank of McMinn Co. v.
Walker. Recipient of Justice Joseph W. Henry award for legal writing.
Alphabetical Listing
Norton, Bill|Bankruptcy 37
Oberman, Steve|DUI 42
Parker, Mary|Personal Injury (Plaintiff) 48
Patterson, Cheryl|Public Finance 49
Phillips, John B|Labor/Employment 48
Pitts, Robert E|Intellectual Property 46
Pounders, Dorothy|Family Law/Divorce 42
Pryor, Bob|Personal Injury (Plaintiff) 48
Raybin, David|Defense Litigation (White Collar) 40
Reisz, Cindy|Health Care (Regulatory) 44
Riley, Steve|Business Litigation 38
Ritchie, Bob|Defense Litigation (Criminal) 40
Rose, Linda|Immigration 45
Rucker, Shelley|Bankruptcy 37
Ryder, John|Bankruptcy 37
Sanders, Jimmy|Defense Litigation (White Collar) 41
Seymour, Arthur|Zoning/Land Use 51
Shelton, Max|Health Care (Regulatory) 44
Sheppeard, Sarah|Family Law/Divorce 42
Shine, Bruce|Labor/Employment 48
Siskind, Greg|Immigration 45
Smith, David Randolph|Personal Injury (Plaintiff) 48
Smith, Harry|Social Security 50
Solmson, William|Corporate 40
Stair, Caesar|Family Law/Divorce 43
Tate, Shep|Securities 50
Thompson, Bob|Banking 36
Trost, Charles|Tax 50
Tuke, Bob|Family Law/Divorce 43
Vogel, Howard|Alternative Dispute Resolution 36
Waddey, Jack|Intellectual Property 47
Walker, Bob|Business Litigation 38
Walker, Henry|Utility Regulation 51
Walker, Mitch|Securities 50
Weaver, James|Corporate 40
Welch, Chuck|Utility Regulation 51
White, Tom|Zoning/Land Use 51
Woolf, Lou|Environmenta 42
Wray, Charlie|Public Finance 49
Yopp, Mike|Trusts & Estates 51
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