Hon. Bernice Bouie Donald (Ret.) is a nationally recognized retired federal judge with a distinguished judicial career spanning over 40 years. Serving as a mediator, arbitrator, court-appointed neutral (special master/referee) and neutral evaluator, Judge Donald has broad experience as a jurist, private practitioner and leader in various national organizations, which informs her work in dispute resolution.

Judge Donald has served on the United States District Court, Bankruptcy Court for the Western District of Tennessee and General Sessions Criminal Court for Shelby County, Tennessee. After serving for more than 11 years as an appellate judge on United States Court of Appeals for the Sixth Circuit, she retired from the bench in 2023 and began a career in ADR. As a result of her trailblazing judicial career, she has been the recipient of over 100 awards for her professional and community contributions.

A respected jurist, Judge Donald has adjudicated and authored hundreds of opinions in all areas of law that come before federal courts, including commercial, partnership disputes, bankruptcy, banking and financial institutions, civil rights, employment, ERISA, securities, antitrust, pharmaceutical, e-discovery, insurance, intellectual property, product liability, trade secrets and intellectual property. She is adept at handling complex matters, including multidistrict litigation (MDL), class actions and mass torts, and can bring the most contentious, high-stakes disputes to resolution.

Judge Donald is a flexible mediator who adjusts her style to the needs of each case and draws upon a variety of techniques to guide the parties toward settlement. As an arbitrator, she takes a managerial approach to ensure that cases move forward fairly and efficiently. As a neutral evaluator, she is available to preside over a variety of mock and moot exercises, including trials and arbitrations, mock oral arguments, neutral appraisals and investigations. Judge Donald is known for her integrity, empathy and ability to build trust with parties. She believes in the promise and the power of the law and has dedicated her career to pursuing justice.

ADR Experience and Qualifications

• A sought-after speaker, Judge Donald has presented at conferences and programs globally on topics ranging from implicit bias to professionalism to substantive topics such as ADR, employment, bankruptcy, intellectual property (IP) and antitrust.
• Judge Donald has served as an adjunct professor at and faculty member of numerous law schools and international programs, including Harvard, Yale, Georgetown, American, Vanderbilt, University of Georgia and University of Cincinnati.
• Judge Donald is a Tennessee Supreme Court Rule 31 certified mediator.

Representative Matters

• Antitrust & Competition
• Judge Donald served as a panel mock trial judge in a neutral analysis antitrust matter involving a global technology company.
• Boulevard Souvenirs v. Elvis Presley Ent.: Antitrust action filed against Elvis Presley Enterprises, Inc.
• Roberson v. Medtronic Inc.: Medical device manufacturing case
• Bankruptcy
• Having served as a federal bankruptcy judge, Judge Donald has experience in all facets of bankruptcy and is available to assist debtors and creditors to find solutions. She has handled the following issues:
• Chapter 11 and 9 reorganization plans
• Adversary proceedings brought by estate representatives, including Chapter 7 trustees, Chapter 11 trustees and post-confirmation plan trustees
• Out-of-court restructurings and workouts
• Mass torts and product liability claims
• Breaches of fiduciary duty
• Valuation disputes (assets and businesses)
• Individual case issues, including dischargeability litigation and objections to exemptions
• Validity and priority of claims
• Fraudulent transfers, preferences and other avoidance actions
• Disputes relating to secured status
• Asset sales disputes
• Contracts, leases, supply agreements, executory contract assumption and rejection disputes and rejection claims
• Corporate governance issues
• Intellectual property disputes
• Professional fee disputes
• Cross-border insolvency
• Employee and union claim and contracts
• Retirement benefits, employee benefit and pension plan disputes and other post-employment benefits (OPEBs)
• Environmental claims
• Tax disputes and disputes with governmental units
• Real estate disputes
• Claims litigation, including validity, priority and subordination
• Partnership disputes
• Collection and turnover actions
• Consumer protection actions
• Business Commercial
• Jackson v. Novastar Mortgage, Inc. (2007): A lender intentionally discriminated against minority subprime borrowers by offering loans on less favorable conditions than offered to similarly situated non-minority borrowers, which was accomplished via radio advertisements on gospel radio stations, whose listeners were predominantly African American.
• Commodity Futures v. FxTrade Financial, et al (2007): Action alleging false representations to potential and actual investors of FxTrade, and that the investments were allegedly misappropriated, 7 U.S.C. § 2(c) 2(B) and (C)
• In the Matter of Crounse Corporation, TVA v. Vulcan (1996): Tennessee Valley Authority (TVA) brought suit against barge fleeting service for damages to utility tower caused by a runaway barge colliding with the tower.
• Schaeffner v. American Honda Co. (1997): Automobile dealer brought action against manufacturer and competing dealers to recover for breach of contract and restraint of trades in violation of the Sherman Antitrust Act. Horizontal restraints of trade are per se illegal.
• In re Great American Pyramid Joint Venture (1992): Managed the Chapter 11 restructuring of the Great American Pyramid, a sports and entertainment complex; ultimately, there were six cases, including issues of contracts, construction, lender liability, financing and governmental relations
• Civil Rights
• Appointed by the City of Memphis as a neutral, independent monitor to oversee police reform initiatives and implement remedial action pursuant to the Department of Justice’s recommendations
• Entertainment Productions, Inc. v. Shelby County (2008): In this First Amendment case, although certain adult entertainment establishments (strip clubs) might have sustained harm from adoption of the Tennessee Adult-Oriented Establishment Registration Act, injunction denied, as plaintiffs could not show likelihood of success on the merits
• Blanc v. Morgan (2010),: International child abduction (Hague Convention)
• Class Action & Mass Tort
• Monroe v. FTS (2017): FLSA claim against employer parent company for implementing a companywide policy that required employees to underreport their overtime; case qualified as collective action, jury verdict, damage awarded, affirmed on appeal
• Ham v. Swift Transportation (2010): Class action litigation related to the issuance of commercial driver’s licenses in Tennessee; case resolved through settlement with inter alia payments to qualifying class members along with remedial training
• Gatewood v. Velsicol Chem (2008): Class certified involving alleged releases of chemical dieldrin from Velsicol’s Memphis plant, affecting 195 class members; $2.1 million settlement for class members, plus Cypress Creek cleanup
• Employment Law
• Tam v. Harrah’s Tunica Corp (2012): ADEA case resulting in summary judgment because of plaintiff’s failure to prove she was qualified for the job at the point of termination
• EEOC v. Ralph Jones (2009): EEOC made prima facie case under 42 U.S.C § 2000e-2 by providing proof that company foreman referred to African American employees using the “N” word, carried a gun and made racist threats, provoking one employee to strike him
• Bower v. Federal Express Corporation (2003): Plaintiff asserted claims under §§ 12101-12213 of the Rehabilitation Act of 1973, 29 USC § 794, the Air Carrier Access Act of 1986 (ACAA) and the Tennessee Disability Act regarding whether proposed free third-party commercial air travel for disabled employees was reasonable accommodation
• Swanigan v. Northwest Airlines, Inc.: Employee estopped from pursuing employment discrimination because claim was not disclosed in the bankruptcy case
• Environmental Law
• Memphis Zane May v. IBC Mfg. Co. (1996): Landowner brought action against owners and former tenants of neighboring properties to recover response costs under CERCLA and damages under tort theories of private nuisance, strict liability, negligence, and contamination based on environmental contamination
• Estate Probate Trusts
• Successfully mediated a matter with complex trust issues that had been in litigation for over a decade
• Successfully mediated contentious family disputes
• Health Care
• United States ex rel. Whitecomb v. Physiotherapy Assoc. (2008): Allegation under the False Claims Act (FCA) that dependents knowingly submitted or conspired to submit false and fraudulent claims to federal health care programs; after substantial discovery and motions to narrow issues, the case settled
• Insurance
• J Line Pump Co. v. Shimmick Construct Co.: Insurance coverage case
• Alvord Investments, LLC v. Hartford Financial Services Group, Inc., et al. (2009): Insurance action regarding coverage of franchisees and the effect on former franchisees
• Health Link Services, LLC v. United States Risk Underwriters, Inc. (2007): Insurance coverage case
• Intellectual Property
• Federal Express Corp. v. United States Postal Service (1997): Landham Act case; FedEx may sue United States Postal Service for false advertising; case affirmed on appeal
• Asentinel, LLC v. AnchorPoint, et al. (2012): Patent infringement case
• Star Athletica, LLC v. Varsity Brands, Inc. (2016): Issues of whether there was a valid copyright in the designs of certain cheerleading uniforms and whether the uniform, as clothing, “possessed both utilitarian and aesthetic value”; court held that the designs could not be conceptually or physically separated from the uniforms
• Jacobs v. Memphis Convention & Visitors Bureau (2010): Copyright infringement action in photographs of public buildings
• Law v. Bioheart (2009): Construction of parties’ rights under a licensing agreement regarding cell transplant therapy amidst trials and approval by FDA
• Marilyn Johnson v. City of Memphis (2014): Three consolidated cases challenging the police promotion process utilized by the City of Memphis; disparate impact based on race; promotions test inherently biased

Honors, Memberships, and Professional Activities

Historical Achievements

• Appointed first African American female judge for the U.S. Court of Appeals for the Sixth Circuit
• Appointed first African American female U.S. District Court judge in the history of Tennessee
• Appointed first female bankruptcy judge in Tennessee and first African American female bankruptcy judge in the United States
• Elected first African American female judge in the history of Tennessee
• First African American female officer of the American Bar Association
• First African American female president of the American Bar Foundation

Selected Awards

• Inducted Into the Mississippi Historical Museum, 2025
• City Hall Museum Honoree, City of Olive Branch, Mississippi, 2025
• Sarah Hughes Civil Rights Award, Federal Bar Association, 2023
• Constance Baker Motley Champion of Justice Award, National Bar Association, 2023
• Hortense Ward Courageous Leader Award, Center for Women in Law, 2023
• Sandra Day O’Connor Award, The National Judicial College, 2022
• Honorary Chair, Judicial Council, National Bar Association, 2021
• Lifetime Achievement Award, National Bar Association, 2021
• Change Maker Award, Leadership Memphis, 2021
• Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award, 2020
• Lifetime Liberty Achievement Award, Tort Trial and Insurance Practice Section, American Bar Association, 2020
• Martin Luther King Luminary Award, City of Memphis, 2020
• Pillars of Excellence Award, University of Memphis, 2019
• Margaret Brent Women of Achievement Award, American Bar Association, 2017
• Martin Luther King, Jr., “Be the Dream” Legacy Award, 2015
• John H. Pickering Award, Senior Lawyers Division, American Bar Association, 2014
• William J. Brennan, Jr., Award, District of Columbia Bar, 2014
• William H. Hastie Award, National Bar Association, 2013
• Difference Makers Award, ABA Solo, Small Firm & General Practice Division, 2013
• Pioneer Award, Fellow Classmates East Side High, 2013
• Legends Award Honoree, Tennessee Bar Association, 2012
• Spirit of Excellence Award, American Bar Association, 2011
• Authur S. Holmon Lifetime Achievement Award, University of Memphis Black Student Union, 2011
• Honorary Doctorate in Law, Suffolk University School of Law, 2010
• Liberty Achievement Award, American Bar Association, 2008
• Benjamin F. Hooks Award, Memphis Bar Association, 2002 (awarded to a person who has nationally fulfilled the mission of the bar foundation to promote professionalism, legal education and social justice)
• Civil Rights Trailblazer Award, University of Tennessee Civil Rights Symposium, 2002
• Hero in the Law Award, Memphis Bar Association, 2001
• Marion Griffin-Frances Loring Award, Association for Women Attorneys, 1994
• Distinguished Alumni Award, University of Memphis, 1990

Selected Media Coverage

• “Former judge overseeing Memphis' police reform task force speaks to FOX13,” FOX13 Memphis, March 5, 2025
• “Retired federal judge shares new details on MPD oversight task force,” Action News 5, WMC-TV Memphis, March 4, 2025
• “Memphis to rename street in honor of Olive Branch native Judge Bernice Donald,” DeSoto Times-Tribune, Oct. 10, 2024

Selected Speaking Engagements

• Speaker, “Bridging Difference Through the Rule of Law,” Spelman College Board of Trustees, 2025
• Keynote Speaker; “When the Rule of Law Fails”; High Point University; High Point, North Carolina; 2025
• Speaker, “Can the Rule of Law Protect Us in Time of Challenge and Uncertainty?” Louisianna State University, 2025
• Speaker, Raising the Bar, Tennessee Bar Association’s Women in the Profession Committee, Nashville, Dec. 4, 2024
• Speaker; Economic Development Conference; National Organization of Black County Officials (NOBO); Birmingham, Alabama; June 7, 2024
• Speaker, ABA Arbitration Institute, Atlanta, June 8, 2024
• Keynote, John P. Morris Lecture, Arizona State University, Nov. 13, 2023
• Speaker; ABA Labor & Employment Annual Meeting; Washington, DC; Nov. 9, 2022
• Speaker, International Women’s Insolvency & Restructuring Confederation National Leadership Summit, Minneapolis, August 3–4, 2022
• Speaker, Fifth Circuit Bankruptcy Bench Bar Conference, New Orleans, Feb. 2–4, 2022
• Speaker; Antitrust Mid-Winter Meeting; Santa Barbara, California; Jan. 21–24, 2022
• Speaker; Labor and Employment Law Section Annual Conference; Alabama State Bar; Gulf Shores, Alabama; Oct. 9, 2021
• Speaker, Eastern District of Missouri Magistrate Judges Implicit Bias Training (virtual), June 30, 2021
• Speaker, The Importance of a Diverse Federal Judiciary, House Committee on the Judiciary (virtual), March 25, 2021
• Speaker, Changing the Landscape of Title VII, Employment Rights and Responsibilities (virtual), March 19, 2021
• Speaker, The Sedona Conference Resources: Judicial Management of Electronically Stored Information (ESI) (webinar), Dec. 3, 2020
• Speaker, Symposium on Economics and Law of Cannabis Markets; Denver, Colorado; October 11, 2020
• Speaker; Ohio Judicial Conference; Columbus, Ohio; Sept. 11, 2020
• Speaker, ABA Conversation with Fmr. Ambassador Melanne Verveer, Women’s Rights Are Human Rights – 25 Years After the Beijing Declaration and Platform for Action (virtual), July 31, 2020
• Speaker, UC Berkeley Law Colloquium: Courts and Judicial Process; San Francisco, Feb. 27, 2020
• Speaker; CLDP & U.S. Embassy Montenegro Workshop; Tivat, Montenegro; Oct. 24–25, 2019
• Speaker; DOJ OPDAT Roundtable Discussion for Sandiganbayan Justices of Financial Crimes and Money Laundering; Manila, Philippines; Oct. 6, 2019
• Speaker; International Standards Task Force; The Hague, Netherlands; July 17, 2019
• Speaker; NBA Judicial Council Mid-Winter Meeting; Panama City, Panama; Jan. 18, 2019
• Speaker, FJC: Judicial Independence and the Federal Courts: A Historical Perspective, Philadelphia, December 13, 2018
• Speaker, Workshop on Intellectual Property Adjudication, Sept. 7, 2018
• Speaker; CLDP Workshop on Adjudication of Civil Intellectual Property Infringement Cases; Batumi, Georgia; July 17, 2018
• Speaker; The Scourge of Trafficking in the 21st Century; Montreal, Quebec; July 15, 2018
• Speaker; Judicial Colloquium on Handling Administrative, Civil and Criminal IP Cases; Nay Pyi Taw, Myanmar; July 9, 2018
• Speaker; FJC: Intellectual Property in the New Technological Age Seminar; Berkeley, California; May 22, 2018
• Speaker; UN Forum on Business and Human Rights; Geneva, Switzerland; Nov. 27, 2017
• Speaker, National Association of Women Judges 39th Annual Conference, Atlanta, Oct. 3, 2017
• Speaker; ASEAN Colloquium for the Judiciary on Management of Civil and Criminal IP Appellate Cases; Bangkok, Thailand; Sept. 15, 2017
• Speaker, ISRCL 30th International Conference, San Francisco, July 9, 2017
• Speaker; ABA Center for Human Rights: Justice Defenders Program; Nairobi, Kenya; Feb. 10, 2017

Selected Publications

• Extending Justice: Strategies to Increase Inclusion and Reduce Bias by Bernice Donald (Editor), Sarah Redfield (Editor), Carolina Academic Press (Oct. 24, 2022)

Memberships

• Member, Memphis Association of Women Attorneys, 1980–2025
• President, 1991
• President-Elect, 1990
• Member, National Association of Women Judges, 1982–2023
• President, 1990–1991
• President-Elect, 1989–1990
• Vice President, 1988–1989
• Secretary, 1987–1988
• Treasurer, 1986–1987
• Nominating Committee, 1985, 2010–2015
• District Director for Tennessee, Alabama, Mississippi and Louisiana, 1983–1985
• Member, National Bar Association, 1985–2025
  • Education Chair, Judicial Council, 2013–2025
  • Program Chair, Judicial Council, 2011–2018, 2019–2021
• Member, Academy of Court-Appointed Neutrals, 2023–2025
• Faculty, Gabelli Distinguished Jurist for Rule of Law, National Judicial College, 2023–2025
• Board Member, Appellate Judges Education Institute, 2019–2025
• Member, Judicial Conference Advisory Committee on Bankruptcy Rules, 1996–2002, 2019–2025
• National Conference of Bankruptcy Judges
  • NAWJ Liaison Committee, 1994–1996
  • Board of Directors, 1993–1996
  • ABA Liaison Committee, 1993–1996
  • Election Committee, 1991, 1994
• American Bar Association, 1980–2025
  • Secretary, 2008–2011
  • Chair, Bench Bar Conference, 2002
  • Member, Public Perceptions Task Force, Section of Litigation, 2002–2025
  • Chair, Dignity Rights Project, Center for Human Rights, 2019–2025
  • Member, Judicial Administration Division, 1984–2023
• Member, Tennessee Bar Association, 1984–2025
• Member, Memphis Bar Association, 1982–2025
  • Director, 1993

Training

• Virtual ADR Training, JAMS Institute (the training arm of JAMS), 2025
• Tennessee Supreme Court Rule 31 General Civil Mediator, 2023
• American Arbitration Association, Arbitration Training and Award Writing, 2023
• National Judicial College, Civil Mediation 40-Hour training course, 2021

Background and Education

• Partner; Burch, Porter & Johnson, PLLC; 2024–2025
• Circuit Judge, United States Court of Appeals for the Sixth Circuit, 2011–2023
• LL.M., Duke University School of Law, 2018
  • Editorial Board of Judicial Journal
• District Judge, United States District Court for the Western District of Tennessee, 1996–2011
• Judge, United States Bankruptcy Court for the Western District of Tennessee, 1988–1996
• Judge; Division IX; General Sessions Criminal Court for Shelby County; Memphis, Tennessee; 1982–1988
• Assistant Public Defender, Office of the Shelby County Public Defender, 1981–1982
• Attorney, Memphis Area Legal Services, 1980–1981
• Attorney, The Law Office of Bernice B. Donald, 1979-1980
• J.D., Cecil C. Humphreys School of Law, University of Memphis, 1979
• B.A., University of Memphis, 1974