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Editorial Results (free)

1. Ruling Issued in Case Over Health Adviser Rules -

NASHVILLE (AP) – A federal judge has blocked the state of Tennessee from enforcing emergency rules for people who advise others about the new health insurance exchange.

The Tennessean reports U.S. District Judge Todd Campbell issued a temporary restraining order Monday. In his ruling, Campbell said the rules defining who can help are too broad.

2. FBI Promotes McCall to Special Agent in Charge -

A. Todd McCall has been named special agent in charge of the FBI’s Memphis division, one of the bureau’s 56 field offices nationwide. McCall, who most recently served as chief of the digital forensics and analysis section in the Operational Technology Division, is now responsible for the management and oversight of more than 200 personnel and all investigative matters under the FBI’s jurisdiction spanning from Memphis to Cookeville, Tenn.

3. Johnny Football Frenzy Knows No Bounds -

HOOVER, Ala. – This being SEC Media Days and him being Johnny Football, the blitz was inevitable. The reigning Heisman Trophy winner, Texas A&M quarterback Johnny Manziel moved from room to room while grown men and women toting microphones, cameras and tape recorders pursued him like so many bad actors fulfilling the clichéd media moment in a made-for-TV movie.

4. House GOP Presses Delay in Health Care Law -

WASHINGTON (AP) – House Republicans pressed ahead Wednesday on delaying key components of President Barack Obama's signature health care law, emboldened by the administration's concession that requiring companies to provide coverage for their workers next year may be too complicated.

5. Chisca Rebirth -

“Memphis: The Musical” meets the real life setting Friday, April 26, for the fictional story of a Memphis radio announcer in the 1950s.

Actor Bryan Fenkart will walk about a block on South Main Street from The Orpheum Theater to the old Chisca hotel to perform at the project’s launch party. The party in the hotel’s garage space kicks off the $24 million renovation of the hotel as an apartment building.

6. Crosstown Leaders Discuss Ambitious Project -

Leaders of the Crosstown Development Project talked this month with The Memphis News editorial board about their plans for the adaptive reuse of the 1.5 million-square-foot, circa-1927 Sears Crosstown building.

7. Spence Named Vice President at Riverfront Development -

Dorchelle T. Spence has been promoted to vice president at Riverfront Development Corp. Spence, who formerly served as director of communications, will assume broader organizational responsibilities to focus on providing strategic direction in addition to marketing, public relations, advertising, community relations, programming and government relations.

8. Creative Space -

By the time Crosstown Arts occupies space in the 1.5 million-square-foot Sears Crosstown building, it will have completed a solid test run of promoting arts-based community and economic development in Midtown.

9. Victory Packaging Relocates to Memphis -

Victory Packaging soon will relocate its entire Southaven branch operation to the Southeast Memphis industrial submarket.

The Houston, Texas-based industrial packaging supplier and distributor inked 158,333 square feet in Shelby Air Park Building 1, 4500 Malone Road. The 475,000-square-foot building also houses Terminal Warehouse Inc.

10. Historically Hip -

There will be meandering crowds, hand-made art, funky tunes, political campaigning, locally sourced foods and a fireworks display.

More than 400 vendor booths are slated to celebrate this year’s 25th anniversary of the Cooper Young Festival on Saturday, Sept. 15, from 9 a.m. to 7 p.m. at the corner of Cooper Street and Young Avenue.

11. Medical Providers Excited About Crosstown Potential -

The health care partners who’ve committed to having a physical presence in the soon-to-be-redeveloped Sears Crosstown Tower say they’re excited about the opportunities to join forces in promoting health and wellness in the Memphis community.

12. Hinte Expands Role At Second to Nunn -

Lowell Hinte has been promoted to account manager and designer at website- and branding-design company Second to Nunn Design. Hinte has served as a designer at S2N since 2009. In his expanded role, Hinte will ensure clients’ expectations are met on key projects regarding strategy, vision, quality and schedule.

13. Events -

Talk Shoppe will meet Wednesday, June 20, from 9 a.m. to 10 a.m. at Hutchison School, 1740 Ridgeway Ave. Janet Cherry of SCORE will present “Brain Break: Good for the Body, Mind and Heart.” Cost is free. Call Jo Garner at 482-0354.

14. Events -

Visible Music College will present a Visible Live concert Monday, June 4, from 6 p.m. to 8 p.m. in the Cooper-Young gazebo at the corner of Cooper Street and Young Avenue. Darien Clea will perform. Cost is free.

15. Levitt Shell Opens Spring Season -

The Levitt Shell opens its spring 2012 season with a kid-friendly schedule shift and an serendipitous focus on music and dance groups with roots in Africa. The new season will include as many free shows as the previous season, however they are spread out over a longer period of time, May 17 through July 1.

16. White Joins BankTennessee As Mortgage Specialist -

Judy Sulton White has joined BankTennessee as a mortgage loan specialist. White has worked in the mortgage industry for 30 years and will focus on new-home financing options, mortgage refinances and custom construction loans.

17. Tennessee Fans Lobbying Manning to Consider Titans -

NASHVILLE (AP) – Peyton Manning remains on the Colts' roster, and the Titans have three quarterbacks already.

Still, Titans' fans of the NFL's only four-time MVP expecting the injured QB to be released and healthy enough to play are starting an ad campaign in Indianapolis hoping to convince Manning to return to Tennessee.

18. Oden Celebrates 40 Years in 40 Days -

In 1971, when gas was 40 cents a gallon and a postage stamp sold for 8 cents, Dale Oden founded a one-man design shop in Memphis.

19. Raviolo Remains Popular Choice at Restaurant Iris -

Another entry in the occasional “Signature Dish” series.

Let’s settle one thing first. Kelly English, owner and chef of Restaurant Iris, is the brother of Todd English, but not the Todd English who’s a celebrated chef in New York and the owner of a string of famous restaurants. No, it just happens that Kelly English has a younger brother whose name happens to be Todd. “If you ask me if I’m Todd English’s brother and I say ‘yes,’ well, I’m not lying,” he said recently at the Midtown restaurant. “I’m just not saying which Todd English it is.”

20. Annesdale Snowden Plows On With Home Show -

Stanton Thomas isn’t an actor, but he’s willing to play a role to draw attention to homes in the Annesdale Snowden Historic District where he lives. The neighborhood’s annual home tour is still viable, he said, though others have fallen by the wayside.

21. Holden Nixon Wins Advocate Award -

Barbara Holden Nixon of The Urban Child Institute has received the Mary F. Todd Advocate of the Year Award from the Memphis-Shelby County Children and Youth Council.

22. In a First, Women Surpass Men in Advanced Degrees -

WASHINGTON (AP) — For the first time, American women have passed men in gaining advanced college degrees as well as bachelor's degrees, part of a trend that is helping redefine who goes off to work and who stays home with the kids.

23. Offbeat Sounds -

Already there is a German-American Day, a National Trivia Day, and the ever-popular Submarine Day.

But on Saturday, organizers of Record Store Day – a day to celebrate independent music stores and indie artists – hope to show the difference one day can make in a rapidly changing industry.

24. Noffsinger Receives Leadership Award -

Mike Noffsinger, sales manager for the Memphis location of the RJ Young Co., has received the John T. Crunk Leadership Award, an honor given to an employee who exhibits outstanding leadership traits and performance during the year.

25. Letitia Robertson Joins BRIDGES -

Letitia Robertson has joined BRIDGES as vice president of Bridge Builders.

Hometown: Memphis
Education: BBA, University of Memphis; MBA, Webster University, St. Louis, Mo.
Work Experience: Vice President of Operations, Leadership Memphis; Director of Multicultural Marketing, ALSAC/St. Jude; Internet Content Manager, St. Jude; Program Coordinator, Junior Achievement, Colorado Springs, Colo.
Family: Husband, Roderick Robertson; three boys: Roderick Jr., 19, Terrence, 9, and Laurence, 4
Favorite quote: “A smile is the beginning of peace.” – Mother Teresa
Last book read: “Memphis and the Paradox of Place” by Dr. Wanda Rushing
Favorite music: Jazz
Favorite movie: “Shawshank Redemption”
Sports team: Dallas Cowboys – do or die!
Activities you enjoy outside of work: I enjoy riding my motorcycle with my husband every opportunity I get.
What talent do you wish you had? I have always wanted to be a contemporary dancer. Having two left feet makes it impossible.
Who has had the greatest influence on you? I have had two great mentors at critical times in my career path: Ruby Bright and Deidre Malone.
What drew you to BRIDGES? There is a quiet, youth-led social change movement occurring in Memphis and it begins at BRIDGES. Plans are under way to increase the number of youth served through Bridge Builders from 5,000 to 15,000 annually. I could not pass up the opportunity to work with young leaders who will be uniquely poised to help make our community better.
What will your role as VP of Bridge Builders entail? I will oversee the development and expansion of BRIDGES’ youth programming, thereby ensuring that more young people have access.
What do you consider your greatest professional accomplishment? To have played an integral role in helping Leadership Memphis expand and implement its community leadership program continuum has been a great highlight of my career.

26. Homegrown Chef Takes Helm at Chez Philippe -

Chez Philippe has a new chef, Jason Dallas, and the shadow of Jose Gutierrez no longer looms over The Peabody’s opulent flagship restaurant.

27. US Census Forms Arrive in the Mail: What to Expect -

WASHINGTON (AP) - Let the count begin.

More than 120 million U.S. census forms begin arriving Monday in mailboxes around the country, in the government's once-a-decade population count that will be used to divvy up congressional seats and more than $400 billion in federal aid. Fast-growing states in the South and the West could stand to lose the most because of lower-than-average mail participation rates in 2000 and higher shares of Hispanics and young adults, who are among the least likely to mail in their forms.

28. Doctors Bring Clinic, Gelato Bar Downtown -

This is the story of two doctors squeezing life back into a dead storefront.

Dr. Carey W. Frix and Dr. Nicole M. Jennings started shopping for a Downtown condominium and wound up revitalizing an entire building. The husband-and-wife physicians have just opened a clinic at 59 S. Main St, where they are also putting in a gelato bar and four loft apartments.

29. GM Idling Tenn. Plant; It Could Get New Small Car -

SPRING HILL, Tenn. (AP) - As one of 2,500 workers at the General Motors plant that will be idled at least temporarily in November, Michelle Burley has a suggestion for young car buyers: "Buy American and protect American jobs."

30. Newby’s Owner Announces Bar, Property Up for Sale -

Todd Adams, owner of the Highland Strip bar Newby’s, is looking for a young entrepreneur to write the next chapter of the business he’s overseen for more than a decade.

31. Newby’s, BMI Ordered to Mediation -

Todd Adams, the owner of Newby’s, a popular college bar along the Highland Strip, was a little nervous as he prepared to participate in a Thursday conference call that would decide his business’ fate.

32. Wilson Named CBU Dean Of Graduate, Professional Studies -

Dr. Patrick Wilson has been named dean of the Graduate and Professional Studies program at Christian Brothers University.

Wilson will lead the marketing, recruitment and retention for evening undergraduate programs and graduate programs as well as have responsibility for the financial planning and administrative operations.

33. District Judge Todd Takes Senior Status -

His replacement confirmed by the U.S. Senate last month, U.S. District Judge James D. Todd of Jackson, Tenn., announced this week that he is taking senior status effective May 20.

Todd, who has been the Jackson court's only district judge for 23 years, still may be called on to hear cases, but will not have new cases assigned to him and will not have a regular court calendar. He said senior status is much like semi-retirement, although he's by no means finished being a judge.

34. Newby's Owner Weathers BMI Suit - For the most part, the last few years have been good to Todd Adams, the owner of a popular college bar along the Highland Strip.

Newby's, the bar he bought in 1997, is sometimes referred to by its owner and customers as "the college bar you never graduate from."

That's a spirit he's tried to maintain and cultivate at the University of Memphis area hotspot, and it's partly the reason he's now fighting a group of lawyers and music industry executives who filed a federal lawsuit last year against Newby's.

He's also fighting to keep his business afloat, even though the toll from the
lawsuit has led him to consider filing bankruptcy.


'Really sad affair'

Broadcast Music Inc. (BMI), a nonprofit group that licenses the music of songwriters and publishers, brought the suit against Adams in federal court.

Any business where music is played or performed, such as a restaurant, hotel or airport lounge, is required to buy a license from a group such as BMI. For an annual fee, the license gives those businesses the performing rights to the 6.5 million songs in the BMI catalog.

Newby's owned a BMI license several years ago but doesn't anymore. For more than a decade, Adams has maintained that the music industry group changed the terms of his license agreement after he thought it was already finalized.

Among the factors that determine a business' yearly license fee is its capacity. Adams said Newby's legal occupancy is 132, but he says BMI records peg that number at 600.

The answer given by a BMI representative when asked the reason for that discrepancy is that disagreements over occupancy are common between business owners and BMI.

Newby's currently employs fewer than 20 people, and Adams scrapes to pay the bills. But he said BMI, which has a branch office in the 10 Music Square East building on Nashville's famed Music Row, has steadfastly refused to negotiate with him.

"I've been trying to come up with a reasonable payment for them - I've been doing that since day one," Adams said. "They have never wanted to do anything at all except sue me and make tens of thousands of dollars. It's just a really, really sad affair."


What it amounts to

For Adams, that situation doesn't appear to get any better. The lawsuit doesn't mention a specific amount of money the music group is seeking.

But Jerry Bailey, director of media relations for BMI, said there is a statutory range BMI can request for in damages, which can reach as high as $30,000 per song.

If the infringement is determined to be willful, the costs could get up to $150,000 per song. In Newby's case, court documents on file in U.S. District Court for the Western District of Tennessee record 21 instances of copyright infringement.

"Generally, BMI doesn't ask for damages at that willful infringement level," Bailey said. "One reason is that damages at that level would definitely put most businesses out of business if there are multiple songs involved, and it's never been our intention to put anyone out of business. We simply want to license them.

"If they've caused us significant legal costs and there are lost revenues involved, then we always ask for enough to recover our damages, in addition to court costs and legal fees. That's what it really amounts to."


Formidable foe

That formula for damages, though, should be viewed in the context of another facet of BMI's operation - its near-perfect batting average. Bailey could not recall offhand a similar copyright infringement lawsuit the group has lost.

An entire floor in the BMI building in Nashville is occupied by a bank of computers performing research that's part of the process of tracking unlicensed businesses such as Newby's. The group has several tactics it uses to build a case against an offending business, such as sending an anonymous researcher on-site to collect evidence.

Those researchers show up and order from the menu, hang out, socialize - all while secretly recording the details of who exactly is playing which copyrighted songs.

That's what happened in Newby's case. A BMI researcher was in the crowd on New Year's Eve in 2006 noting that the audience was listening to performances of songs such as "Get Down Tonight" by K.C. and the Sunshine Band.

"Better than 90 percent of these cases get settled before they go to trial," Bailey said. "If they go to trial, it can be extremely expensive for a business owner should they lose."


The business owner might be on the losing end in that scenario, but so would another party. Adams said his bar's performance space fills an important need for young bands just starting out, some of which may be in the process of distributing their music and trying to get their first radio play.

Newby's also stands apart from other Memphis venues such as TJ Mulligan's, where he said it's more common to hear bands whose set lists are comprised almost exclusively of cover material.

"What has Newby's done except offer a great place for artists to play in Memphis?" Adams said. "Ninety-nine percent of the artists here play their own music. Sure, maybe half a dozen times a year someone will play a cover song. But are you kidding me? You're going to charge me $12,000 or something a year for that?"

Personally and professionally, Adams ought to be a happy and comfortable man. His business remains a popular concert venue for up-and-coming bands more than a decade after he first took it over. It sits at the heart of the neighborhood surrounding the University of Memphis, an area that's the focus of a broad revitalization effort.

Adams and his wife, Stephanie, a nurse, got married four years ago. The protracted court fight, however, has taken a toll on the bar owner.

"We're good people over here," he said. "We're not selling to minors, breaking the law. I'm just trying to make it through another year, hopefully until this university district gets developed. And then it's going to explode over here and just be amazing."


...

35. Black Repertory Theater to Open on Marshall -

A neighborhood on the edge of Downtown is seeing some growth, the newest of which is a black repertory theater.

The 70-seat, 3,200-square-foot Hattiloo Theater is scheduled to open Sept. 22 at 656 Marshall Ave. and will focus on black theater and art. The building belongs to Pinkney Herbert, the owner of the Marshall Arts gallery at 639 Marshall.

36. Archived Article: Law Talk - Law Talk - Todd P

Butler Snow Attorney Works to Help Memphis Youth

LANE GARDNER CAMP

The Daily News

Todd P. Photopulos, an attorney with the Memphis office of Butler, Snow, OMara, Stevens & Cannada PLLC, recently was elected presiden...

37. Archived Article: Trends - By Andy Meek

Large Award Puts New Spotlight on Tort Reform

ANDY MEEK

The Daily News

In a trial that lasted only two and a half days, two attorneys with Burch, Porter & Johnson PLLC convinced a Tennessee jury to award $16.4 million to...

38. Archived Article: Newsmakers - TMA Elects Surgeon to Board of Trustees

Local Surgeon Elected to Medical Association Board

The Tennessee Medical Association elected vascular surgeon Dr. Hugh Francis III to serve a three-year term on its Board of Trustees. Francis previously ...

39. Archived Article: Lead - Downtown Neighborhood Rising in Popularity

Downtown Developers Eye The Edge

Revitalization efforts moving beyond Downtown core

LANCE ALLAN

The Daily News

A lot has changed in The Edge neighborhood since its heyday in the 1930s. The ar...

40. Archived Article: Benchmark - Oracle boosts PeopleSoft takeover bid

Oracle boosts PeopleSoft takeover bid

Oracle Corp., the No. 2 U.S.-based global software maker, Wednesday sweetened its hostile cash bid for PeopleSoft Inc. by 22 percent to about $6.3 billion, the latest ...

41. Archived Article: Overton Pk (lead) - Overton Park site returned to former glory Overton Park stores get back to their roots By MARY DANDO The Daily News The former site of two retail stores situated in the historical Evergreen district has been restored to its original grandeur. The pr...

42. Archived Article: Calendar - Calendar of events: June 5 11 Calendar of events: Aug. 13-Aug. 19 Aug. 13 The International Association for Administrative Professionals will have a meeting at 6 p.m. Monday at the Holiday Inn East. Members attending the recent IAAP international co...

43. Archived Article: Law Briefs - Summer School at the University of Memphis continues today with Wills and Estates from 4 p "Ethics 2001: Are You Ready for the Challenge?" sponsored by the American Law Institute-American Bar Association, will be shown by tape delay at 9:3...

44. Archived Article: Memos - Ann Hood was promoted to manager of community goodwill for BankTennessee Ann Hood was promoted to manager of community goodwill for BankTennessee. She was assistant to the branch manager at the banks Poplar and Yates location. She attended Mississip...

45. Archived Article: Memos - Harrah's Names Stephen Brammell Stephen H. Brammell has been appointed senior vice president and general counsel for Harrahs Entertainment Inc. He formerly was vice president and associate general counsel. Brammell has a bachelors degree from Oklaho...

46. Archived Article: Tech Focus - It's 6:30 in the evening, the kids are home from school and soccer practice, and while a parent takes a few minutes to pop dinner in the microwave, children plop down in front of the television Censor-chip technology New technology allows parents to...

47. Archived Article: Calendar - March 10 March 10 Professional Secretaries International will meet at 6 p.m. at the Marriott, 2625 Thousand Oaks Blvd. The speaker will be Shirley Jones, past president of the state division of PSI. The cost is $13. For more information, call Nathal...

48. Archived Article: Elvis Technology - Elvis rocks on CD-ROM, Internet Elvis rocks on CD-ROM, Internet New technology tested out on virtual Graceland CD-ROM By CAMILLE H. GAMBLE The Daily News The test version of a new technology called navigatable video, created by a firm in California,...

49. Archived Article: Memos - 03-06 memos Tim Verner has been named Tennessee Society of Professional Engineers Young Engineer of the Year. Verner is the current president of the Memphis Society of Professional Engineers and previously was chapter president of the American Socie...

50. Archived Article: Memos - *2/7 memos Robert Shaw has been named executive vice president of Enterprise National Bank. Shaw joined the bank more than three years ago and serves as its chief financial officer. He has a bachelors degree and a masters degree in accounting from t...