News

Tennessee AG Files Suit Against Network of Pain Management Clinics

Tennessee Attorney General Herbert H. Slatery III has filed a lawsuit against a network of pain management clinics, alleging $7 million in fraudulent TennCare claims. The suit was filed in Williamson County Circuit Court against MMi Pain Clinics, owner Michael Kestner and business partner Dr. Lisabeth Williams, who operate 18 clinics across the state. According to the suit, the defendants regularly subjected patients to unnecessary medical procedures. Read the full complaint here.

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Tennessee AG Files Suit Against Network of Pain Management Clinics

Tennessee Attorney General Herbert H. Slatery III has filed a lawsuit against a network of pain management clinics, alleging $7 million in fraudulent TennCare claims. The suit was filed in Williamson County Circuit Court against MMi Pain Clinics, owner Michael Kestner and business partner Dr. Lisabeth Williams, who operate 18 clinics across the state. According to the suit, the defendants regularly subjected patients to unnecessary medical procedures. Read the full complaint here.

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TBA Convention in Kingsport is Just Around the Corner

Registration is open for the 2017 TBA Annual Convention. This years programming offers plenty of opportunities to make new friends and renew acquaintances with colleagues from across the state. The highlight comes Thursday night with the Kingsport Karnival at the downtown Farmers Market. Along with fabulous food and drink, there will be live music from two bands, an aerialist, juggler, magician, body and face painters, caricaturist and more. Plus, you'll have access to the fabulous Kingsport Carousel, the delightful project of community artisans. Special thanks to Eastman for support of this event! 

This years convention also offers 12 hours of CLE programming, highlighted by sessions on the Hatfields and McCoys, The Neuroscience of Decision-Making, and the popular Better Right Now wellness program. It is all set at the beautiful MeadowView Marriott Conference Resort & Convention Center. To receive the TBA $129 room rate, you must book your reservation by May 23. Book your room online now or call 423-578-6600.

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Call For Submissions — Law Practice Pointers

One of the benefits of being a TBA Section Member is having access to information from experienced practitioners to assist in your day-to-day practice. The sharing of this information amongst colleagues is one of the best traits of the profession. It is also a way of helping each other to maneuver the evolving legal market and strengthen your legal practice.

How can you help your fellow Section Members?  If you have some Law Practice Pointers you would like to share with your fellow section members, write an article between 300-500 words and submit it to the Section Coordinator for review and approval. These Law Practice Pointers can be related to a court opinion, piece of legislation, or current event or industry trend that affects the practice of law as it relates to the specific Section. The main requirement is to make sure the article gives lawyers practical tips, based on experience, to include in their day-to-day practice.

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CLE Outlines How to Change Your Practice to Meet Market Demands

The fourth and final CLE in the “Modern Law Practice Series” will explore emerging trends in the delivery of legal services and how focusing on consumer behavior could benefit your law firm. This session will examine the ways in which consumer-facing companies like Avvo and LegalZoom have capitalized on tailoring services to the needs of the modern legal client and how you can adjust your practice to meet those same demands. The program will be held April 13, and will be available in person and on-demand.

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Check Out New 1-Click CLE Offerings

Gain fast and easy access to annual updates with TBA's 1-Click CLE options. New packages offer recent programming in real estate, administrative law, and appellate practice.  
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Beavers Calls for Attorney General Elections

A Tennessee lawmaker wants the state attorney general to be elected by voters by 2024, the Lebanon Democrat reports. Sen. Mae Beavers, R-Mt. Juliet, has sponsored a joint resolution to amend the state’s Constitution to make the change, and the Senate Judiciary Committee approved it. In Tennessee the attorney general is appointed by the state Supreme Court for an eight-year term.
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Deadline to Apply for Claims Commissioner is March 31

The Tennessee Claims Commission is accepting applications to fill the office of Commissioner for the Eastern Grand Division, because of the expiration of William Shults’ term. The position will be for eight years beginning June 30. A qualified applicant will have resided in the Eastern Grand Division for at least one year prior to appointment, resided in Tennessee for at least five years prior and has been licensed to practice law in Tennessee for five years. The deadline to apply is March 31. Read more here.
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From Fees to Dogs in Court, March TBJ Has It

In the March Tennessee Bar Journal, Tim Warnock explains last year's Supreme Court decision about assessing fee applications. Commissioner Robert Hibbett and Justin Hickerson give you the scoop on a "court" you may not even know the state has: the Tennessee Claims Commission. On its 190th anniversary, Russell Fowler looks back at how Chancery Court got started in Tennessee, and Wade Davies explains using the summary rule to advance your trial theory. Humor columnist Bill Haltom recalls a dog who presided over a courtroom, and considers taking his own dogs with him to try his next case.

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TBA Mashup and Mini Legal Hackathon this Friday

In conjunction with the Law Tech UnConference CLE this Friday, the TBA is also offering a variety of free events and programs for lawyers we’re calling a Mashup. One program will teach you about Legal Hackathons and see one in action. A Legal Hackathon is a collaborative effort of experts in the legal profession collaborating with a computer programmer to find a technology assisted solution to a problem in the legal industry. Join the TBA Special Committee on the Evolving Legal Market for a mini legal hackathon that will demonstrate the power of collaborative minds at work. We will have tasty beverages and snacks to help you get your collaborative juices flowing.  
 
Other programs that will be a part of the Mashup include Pro Bono In Action which will show you various pro bono programs you can participate in to help your fellow Tennesseans and Member Benefit Programs that will provide you information on  Fastcase 7, health insurance options for small firms, ABA retirement funds and professional liability insurance.
 
Please sign up now to let us know you are coming.

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Have You Heard About the TBA Mashup?

Interested in observing a legal hackathon or getting a hands-on demonstration of the new Fastcase 7 platform? Both will be part of the first TBA Mashup, a full-day of activities and free programming set for Feb. 17 at the Tennessee Bar Center in conjunction with the annual TBA Law Tech UnConference CLE program.

In addition to the hackathon and Fastcase 7 demo, the TBA Mashup will feature sessions on: 

  • Current State of Health Insurance for the Small Firms
  • Professional Liability Insurance - What to look for in YOUR Policy
  • A Demo of Fastcase TopForm, a powerful bankruptcy filing software
  • Retirement Planning Guidance from the ABA Retirement Funds
  • Pro Bono in Action: How to help with pro bono events and how to take part in online options

At the annual TBA Law Tech UnConference CLE program, you can take as many or as few hours as you need. Registration will be open all day. Payment will be determined at checkout based on the hours you need. Topics will include: 

  • Bill & Phil Tech Show
  • Ethical Considerations for Cyber Security in Law
  • Evolution of the Legal Marketplace
  • Making e-Discovery Affordable 
  • Drone Law
  • Encryption for Lawyers

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Turn Your Expertise into a Magazine Article

It’s no surprise that some of the best articles in the Tennessee Bar Journal have come from TBA section members. Your membership in this section shows that you have a keen interest in trends, developments and case law in this practice area. Sharing this knowledge with your colleagues is one of the best traits of the profession.
 
How can you become a Journal author? Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Then take a look at the writer’s guidelines, which will tell you about length, notes and other details. Once it’s in the proper format, send it in! It goes to the editor, Suzanne Craig Robertson, who will then get it to the seven members of the Editorial Board for review.
 
If you are published, you may apply for CLE credit for your work under Supreme Court Rule 21 Section 4.07(b). For details on claiming the credit, check with the Tennessee Commission on Continuing Legal Education or access an Affidavit of Sole Authorship or an Affidavit of Joint Authorship from the Commission's website.

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TBA Activates Disaster Legal Assistance for Wildfires

In response to the wildfire disasters in Gatlinburg and Sevier County, the TBA is partnering with the Tennessee Alliance for Legal Services (TALS), Legal Aid of East Tennessee (LAET) and the Supreme Court's Access to Justice Commission to help those affected with their legal needs. Attorneys who want to help can access training resources and other materials on the TBA's Disaster Legal Assistance page. Legal clinics and outreach related to losses from the fires are anticipated and volunteers will be needed. For more information or to volunteer in the area, contact Kathryn Ellis at Legal Aid of East Tennessee. Those who are not in the area but still want to help can volunteer to answer online questions at TN Free Legal Answers or respond to calls on the HELP4TN helpline. The TBA's Young Lawyers Division Disaster Relief Committee has also been activated and will be assisting with volunteer recruitment and coordination efforts. To volunteer, complete the Disaster Legal Assistance Volunteer Form. If you know someone in need of legal assistance, please have them call the legal helpline at 844-HELP4TN, or visit help4tn.org.

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All 3 Constitutional Officers Seeking New Terms

The state’s three constitutional officers – Comptroller Justin Wilson, Secretary of State Tre Hargett and Treasurer David Lillard – are all planning to seek new terms in office when the Tennessee General Assembly votes to fill the positions in January, Knoxnews reports. All three were elected to office in 2009 when Republicans first gained a majority of seats in the state legislature and are unlikely to face opposition according to the paper. Under the state constitution, the comptroller and treasurer serve two-year terms while the secretary of state serves a four-year term.

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Services Set for Retired Col. Les Barham

Retired Colonel Leslie Webb Barham of Jackson died Sept. 30 at the age of 79. A graduate of the Memphis Cecil C. Humphreys School of Law, he practiced law for many years in Jackson before taking the position of judge advocate general for the Tennessee Army National Guard headquarters in Nashville. He retired after 38 years of honorable service, after which he served as an administrative law judge for the state of Tennessee. In lieu of flowers the family requests memorials be directed to St. Jude Children's Research Hospital or the Jackson-Madison County Humane Society. Visitation will be Friday from 5 to 8 p.m. at Lawrence-Sorensen Funeral Home, with military graveside services Saturday at 10:30 a.m. at Hollywood Cemetery. Read his obituary.

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Court Square Series: Sept. 15 in Dyersburg

The TBA’s 2016 Court Square series continues with a session in Dyersburg on Sept. 15. The course will be held at the Farms Golf Club. Sarah Day, Jennifer Vallor Ivy and Judge Steven Stafford will address changes in summary judgment law; Judge Jim Hamilton will provide a basic overview of the Tennessee Claims Commission; and Laura Chastain with the Board of Professional Responsibility will present an ethics session.

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Government Attorneys’ Forum Set for August

On Aug. 17, a new TBA CLE will provide key updates for state government lawyers. Sessions will cover procurement contracts, rules of procedure and evidence in administrative proceedings, legislative updates, negotiation skills, ethics and issues with public private partnerships. Learn more or register here.

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Ginsburg: 8 is 'Not a Good Number' for Court

“Eight, as you know, is not a good number for a multi-member court,” according to Justice Ruth Bader Ginsburg, who remarked on the court’s unfilled vacancy at the conference for the 2nd U.S. Circuit Court of Appeals. Ginsburg added that when the court is evenly divided “that means no opinions and no precedential value.” Read more from the ABA Journal

Register Today for the 135th Annual TBA Convention

Join us on June 15-18 in Nashville for the 135th Annual Convention! Registration for the 2016 TBA Convention includes:

  • free access to all TBA CLE programming;
  • the Opening Reception;
  • the Bench Bar Programming and Luncheon;
  • Law School and general breakfasts;
  • the Lawyers Luncheon;
  • the Thursday evening Joint (TBA/TLAW/TABL) Reception;
  • the Thursday night dinner and entertainment at the George Jones Museum;
  • and the Friday night Dance Party.

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Register Now! Administrative Law Forum 2015

This program will address recent developments in Tennessee's "Sunshine Law" to include recent cases, public access, violations, and the laws requirements regarding meeting electronically.  The ethics portion of the program will cover best practices when communicating with clients, counsel, and boards. Other topics include public records and summary suspensions. Take advantage of special section member pricing and register today!

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Nashville Partners to Chair Practice Groups

Bradley Arant Boult Cummings LLP appointed Nashville partners Emily Hatch Bowman and Ty E. Howard as new practice group chairs within the firm. Bowman represents financial institutions and corporate clients in a variety of commercial and real estate lending matters. Howard represents organizations and individuals in government and internal investigations, compliance matters and related civil or criminal litigation. “Bradley Arant’s practice leaders hold a crucial and respected role, as they work to guide their colleagues in a trajectory that benefits our clients and the firm as a whole,” firm chairman Beau Grenier said.

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Court: No Antitrust Immunity for Licensing Boards

State licensing boards composed of market participants do not enjoy automatic immunity from antitrust laws, the U.S. Supreme Court ruled last week. The decision in North Carolina Board of Dental Examiners v. Federal Trade Commission affirms the Fourth Circuit and deals a setback to an increasingly common form of regulation, SCOTUSblog reports. In their dissent, Justices Samuel Alito, Antonin Scalia and Clarence Thomas argued that the board should get antitrust immunity because North Carolina had designated it a state agency.

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Attorneys Form Green Hills Law Firm

Three Nashville attorneys, including the former legal counsel to then-Gov. Phil Bredesen, have opened a law firm in the Green Hills area of the city. Trajan Carney, Steve Elkins and Leslie Curry have created Carney|Elkins|Curry PLC at 3817 Bedford Ave. in Bedford Commons. The firm will handle general civil litigation and appellate practice, with a focus on construction law, general business litigation, administrative and regulatory law, and labor and employment law. It also will offer estate planning and probate services. The Nashville Post has more on the story.

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Judge Upholds Requirement for Memphis-Shelby County Consolidation

The 2010 federal court lawsuit over the failed attempt at consolidating the city of Memphis and Shelby County governments has failed as well with an order Wednesday from U.S. District Judge Thomas Anderson granting a motion for summary judgment by defendants in the case. The proposal for consolidation lost by a large margin in the county outside Memphis, although it was approved by a narrow margin within Memphis. The lawsuit filed in 2010 challenged on constitutional grounds the state law requiring that such a charter must be approved by dual majorities in separate referendums for consolidation to take place. The Memphis Daily News has more.

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If You Did It, Flaunt It With a TBJ Announcement

The Tennessee Bar Journal has a new opportunity for lawyers and firms to promote outstanding achievements, new associates, new partners, mergers, awards and any changes within the firm. Now, Professional Announcements are available at special, lower-rate pricing. You can tell more than 12,000 of your peers about your accomplishments by placing an announcement in the Journal. For information or to place an announcement, contact Debbie Taylor at 503-445-2231 or Debbie@llm.com. To have an announcement placed in the April issue, please contact her before Feb. 18.

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