News

CHS Faces Class Action Alleging Securities Exchange Act Violations

A class action lawsuit has been filed against Tennessee-based hospital operator Community Health Systems Inc. (CHS) alleging the company made materially false statements and failed to disclose unfavorable business dealings to investors. The suit, filed by New York-based law firm Bragar Eagel & Squire PC, maintains that by negating or misrepresenting certain facts, CHS inflated its net operating revenue to increase stock valuation. The complaint, filed in U.S. District Court for the Middle District of Tennessee, can be viewed here.

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Metro Nashville Government Releases Report on Tax Incentive Funding

The Metro Government of Nashville & Davidson County released its Tax Increment Financing Study & Formulating Committee Report, which examines Metro’s Tax Incentive Funding (TIF) used to promote redevelopment in blighted areas. Mayor David Briley signed ordinance BL2018-1315 creating the committee to formulate recommendations on implementation of and ensure more transparency regarding the municipalities use of TIF. In its report, the committee compiled a number of observations and 17 recommendations, formally asking the Mayor’s Office to provide Metro Council with a description of agencies or departments that will address the recommendations, including cost estimates for implementation. The committee was scheduled to present its recommendations to the Metro Council last week. 

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Your TBA Free CLE Credits Expire June 30

TBA members receive three hours of free CLE programming. Your credits expire June 30 for the current bar year. You may apply them to any available course here or donate them. Members can use this credit to cover all or part of the cost of live programs or on any online CLE program. (The course does not have to take place by June 30.)
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AT&T Sacrificing Subscribers to Focus on Debt

AT&T is losing wireless and TV subscribers as it focuses on shrinking the company’s debt after the Time Warner takeover, the Los Angeles Times reports. While the company lost 627,000 TV and 204,000 wireless customers, overall debt was reduced by six percent. It is yet to be seen if the risky strategy will pay off, with a drop in subscribers affecting the company’s dividends and buyback power, however, the company is also exploring other avenues such as selling investments and property to abate the debt.

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5 New Job Postings on TBA’s Joblink

See who is hiring in Tennessee. Recent job postings this month offer opportunities in litigation, real estate, health law and more. See full listings or post positions in your firm on TBA’s Joblink.
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Register Now: 31st Annual TBA Health Law Forum

Register now for the 31st Annual TBA Health Law Forum and the 19th Annual Health Law Primer to take place this October in Franklin The must-see, must-do event for Tennessee health law attorneys, this forum features timely topics designed to up your game and keep you on top of trends in the area. Presentations in this year’s program will include: cyber threats in health care, surrogate decision making, updates with TennCare, cloud-based vendor agreements, reps and warranties, legislative updates, antitrust concerns and much more. Don’t sleep on this opportunity to learn from seasoned practitioners while networking with top players in the field. Here are the key details:
 
Health Law Primer (introductory program)
When: Wednesday, Oct. 16
Where: Embassy Suites Hotel, 820 Crescent Centre Drive, Franklin
 
Health Law Forum
When:  Thursday, Oct. 17 – Friday, Oct. 18
Where: Embassy Suites Hotel, 820 Crescent Centre Drive, Franklin
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Registration Now Open for TBA Convention in Nashville, June 12-15

The TBA's annual Convention returns to downtown Nashville this summer! Mark your calendars for June 12-15 and prepare for four days of CLE, networking, entertainment and more at the Renaissance Hotel, 611 Commerce Street. Registration is officially open, with early bird rates available until April 30.
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Friday: LGBT Law Annual Forum 2019

Register now for the TBA LGBT Law Annual Forum to take place on Friday, June 21 at the Tennessee Bar Center in Nashville. Timely topics for this year’s program will include laws concerning conversion therapy, an inside look at Vanderbilt’s Clinic for Transgender Health, ethical considerations regarding discrimination and employment law, ending the day with an LGBT community advocacy panel open to the public.
 
The forum will be held in conjunction with the 2019 Nashville Pride Festival, allowing attendees to take advantage of the fun and activities surrounding the celebration. Don’t miss what guarantees to be an insightful forum and one of the nation’s premier Pride festivals! Here’s the key info:
 
Attendees are also invited to Tennessee Equality Project’s Pink and Purple Pre-Pride Party following the program.
 
When: Friday, June 21, registration begins at 11 a.m., CDT
Where: Tennessee Bar Center, 221 Fourth Ave. N., Nashville
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Corporate Counsel Forum on April 5

At the 2019 Corporate Counsel Forum, discover the latest topics relevant to in-house counsel, including updates in law department technology, privacy and information security, immigration policies, ethics and managing a dual legal and business role. This forum, held on April 5 at the Tennessee Bar Center, has something for everyone, including 3.5 hours of general CLE and 2.5 ethics hours.
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Next Thursday: Business Law Forum

Register now for the TBA Business Law Forum 2019.
 
This program will help business lawyers learn and refresh their knowledge about issues that may arise when drafting an LLC operating agreement. Topics will include an overview of the two extant Tennessee LLC acts and a comparison of those acts with the Delaware LLC Act; other distinctions of Tennessee law that impact the operating agreement; drafting key provisions, including distribution and allocation, employee and member compensation, and exit rights; and ethical considerations for lawyers drafting LLC operating agreements.
 
When: Thursday, May 9. Registration begins at 9 a.m.
Where: Tennessee Bar Center, 221 Fourth Ave. N., Nashville

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Corporate Counsel Forum 2019

The 2019 Corporate Counsel Forum will feature speakers on a range of topics relevant to in-house counsel, including the latest in law department technology, dealing with the latest immigration policies and managing a dual legal and business role. The program will take place at the Tennessee Bar Center in Nashville on April 5 from 9 a.m. to 4 p.m. Earn five hours of general CLE and one hour of dual credit.
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TBA to Introduce Legal Document Generation

The TBA will soon launch a new subscription-based product for Tennessee lawyers — automated legal forms. The initiative will use HotDocs, a custom documentation generator that creates form templates and speeds up the preparation process based on client and case data. In order to provide this valuable resource to our members, we hope to obtain your comments and ideas on forms you deem beneficial for replication. With across-the-board participation, we can comprise a substantive, comprehensive database where subscribers will have access to forms submitted by all TBA sections. Please send suggestions and comments to TBA Membership Director Mindy Fulks.

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Online Court Bonds Now Available from TBA Member Insurance Solutions

The new Court Bond Program from TBA Member Insurance Solutions offers a full range of court bonds – Civil Court Bonds, Probate and Fiduciary Bonds, Notary Bonds, Lost Instrument Bonds and Public Official Bonds. Bonds are underwritten by experienced, knowledgeable underwriters with a quick turnaround — typically 24-48 hours — and competitive rates. Start by registering here or get a quote today.
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Find Employment Leads on JobLink

TBA’s JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information. Get started!

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Former Vandy AD, Law Prof David Williams Has Died

Trailblazing Vanderbilt University law professor and former athletic director David Williams died today, school officials announced this afternoon. He was 71. “We are devastated by this loss,” Chancellor Nicholas S. Zeppos said. “His impact on our community is immeasurable and will be felt for generations to come.” The son of a Tuskegee Airmen and Detroit public school teacher, Williams was the first black athletics director hired by an SEC school and had served in that position 16 years before stepping down on Jan. 31. He was having breakfast this morning at Pancake Pantry near Vanderbilt when he collapsed, the Tennessean reports. In an interview with the Vanderbilt Hustler published in January, Williams talked about his career, his legacy at Vanderbilt and his excitement at returning to the classroom.
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Vanderbilt Names Shellaway as General Counsel

Vanderbilt University today named Ruby Z. Shellaway as its vice chancellor, general counsel and university secretary. Shellaway had served as the university’s interim general counsel since July 2018, and was selected for the permanent role following a national search. “Ruby is an outstanding attorney with a clear vision of how the general counsel strategically supports the university’s mission and values to ensure our long-term success,” Chancellor Nicholas S. Zeppos said. “The legal landscape for higher education is complex and changing, and Ruby’s counsel has been essential to our ability to understand and successfully navigate these challenges.” Shellaway leads the 15-member team of the Office of the General Counsel and the Office of Conflict of Interest and Commitment Management.
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Register Now! International Law Forum on Feb. 22

 
Stay on track earning your CLE credits by attending the International Law Forum on Feb. 22 at the Tennessee Bar Center in Nashville. Early bird registration ends tomorrow, Feb. 16!
 
This program is applicable to a wide variety of practice areas, including business law, corporate counsel, employment law, law tech and immigration. Three international business panels make up this afternoon program and include a stacked line-up of speakers. Topics to be discussed include Government & Private International Manufacturing Perspectives, International Sourcing, Importing & Exporting Perspectives and International Entertainment & Tourism Perspectives.
 
Join us for an evening reception immediately following the program for a chance to network with attendees and speakers. Read more about the panels and register for the program here.
 
Unable to attend the live course? Join us virtually for the live webcast!

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Ballad Health Provides New Details Regarding NICU Plans in East Tennessee

Ballad Health has issued a new response to the Tennessee Department of Health regarding questions about its proposed changes for the neonatal intensive care unit (NICU) in two east Tennessee hospitals, the Johnson City Press reports. In its response, Ballad provided specific details and statistics requested by former Health Commissioner John Dreyzehner. Under the proposed plan, newborns requiring Level III NICU services will be transported to Niswonger Children’s Hospital in Johnson City instead of current Level III hospital Holston Valley Medical Center, which will be downgraded to a Level I provider.

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Pilot Flying J Execs Sentenced to Probation

Four former Pilot Flying J sales executives who pleaded guilty to fraud charges will receive probation for their crimes, The Knoxville News Sentinel reports. Senior U.S. District Court Judge Curtis L. Collier on Wednesday ordered that Kevin Clark, Michael Scott Fenwick, Chris Andrews and Katy Bibee serve probation in lieu of jail time because of their cooperation with law enforcement and the fact the defendants suffered from “the shame, the embarrassment, the loss of jobs” that come with their conviction. Former Pilot Flying J President Mark Hazelwood so far has received the harshest punishment in the case, after Collier ordered him to serve more than 12 years in prison.

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Walgreens Assumes Operations of Fred's Pharmacies

Memphis-based discount retailer Fred’s has completed its multimillion-dollar deal with Walgreens, which will assume operations of pharmacies in 179 Fred’s stores, The Memphis Business Journal reports. Fred’s received $156.1 million in cash proceeds and an additional $20.6 million for its pharmacy inventory in the agreement, announced last September. According to a Jan. 24 filing with the SEC, “the company continues to use the proceeds received in the transaction to pay down the company’s existing indebtedness or for general corporate purposes.”

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Sears Closures Add Millions of Square Feet to Commercial Real Estate Market

Beleaguered retail behemoth Sears is considering liquidation, which would add an estimated millions more square feet of unused commercial space nationwide, Forbes reports. Since it announced bankruptcy last October, Sears has either closed or plans to close 260 of its 700 retail locations. In 2015, Sears Chairman and former CEO Eddie Lampert created the real estate investment trust Seritage Growth Properties, seeking to capitalize on the real estate value of Sears’ holdings; however, there is no indication if this was done in light of bankruptcy considerations. 

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Join Us Today: LAW TECH

Today's the day! Discover the newest technology for your law practice and law office at this year's Law Tech Blast at the Tennessee Bar Center in Nashville!

The flexible open house format allows you to create your own schedule. You can attend CLE sessions, enter to win prizes, network with attendees, visit with sponsors and interact with speakers. Take as many or as few CLE hours as you need. Only those seeking to be awarded CLE Credit will be charged. The registration desk will be open all day, so you can come and go for the hours you need when it is convenient for you. Attendees can earn up to 6.5 hours of Dual CLE credit.

CLE TOPICS:
  • GDPR, Cloud and Technological Competency
  • The Bill and Phil Tech Show 2019: BEAT THE CLOCK
  • Best Practices: Information Security for Firms
  • Judicial Panel: Technology in the Courtroom
  • Know When to Hold 'Em
  • Digital Evidence – A Technical Life Raft for the Legal Mind
  • Make it Rain: Ethics Guidelines and Practice Essentials

ATTEND TO WIN: Attendees will have a chance to win prizes, including an iPad Pro. The tech prize drawing will be held at the 10:30 a.m. break. Must be present to win.

TAKE A LYFT: TBA has partnered with Lyft to offer attendees a discounted ride.

  • New to Lyft?: Get $5 off 2 rides at http://lyft.com/i/lawtech5 or download the app and enter code LAWTECH5
  • Already Have Lyft?: Save 10% off 2 rides to or from Law Tech Blast with code LAWTECH

THANK YOU TO OUR SPONSORS & EXHIBITORS:


 

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Give the Gift of TBA Membership

Give yourself (or a friend) the gift that keeps giving — one-year of unlimited access to professional development opportunities and a number of programs and services designed to help you become a better practitioner. Founded in 1881, the Tennessee Bar Association is dedicated to enhancing fellowship among members of the state's legal community. Oh, and did we mention some of the benefits? Earn three pre-paid credits to use on any live or online course featured in the 12-days of CLE. Join now!

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Bright Health Raises $200 Million to Finance Ongoing Expansion

Bright Health announced Thursday that it has raised another $200 million to support ongoing expansion, which includes entering the Tennessee individual health insurance market. It will offer plans in three metro areas, The Star Tribune reports. The company sells insurance focused on one health care system in a community, with the goal of letting the network of doctors and hospitals coordinate services and cutting consumer costs. The Minneapolis-based insurer said it has raised more than $440 million in three rounds of equity financing since 2016.

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CVS to Scale Back Retail Operations After Aetna Acquisition

Pharmacy chain CVS Health on Wednesday announced that it plans to reduce the amount of store space devoted to retail and shift more to health care after its acquisition of Aetna, USA Today reports. With the $70 billion-dollar deal, CVS intends to position itself to control key health care components such as pharmacy, drug distribution and insurance. The acquisition has not been without controversy, with U.S. District Judge Richard Leon admonishing a U.S. Justice Department lawyer on Thursday for keeping him “in the dark” and treating his antitrust review as a “rubber stamp operation.” The Justice Department approved the deal in October on the condition that Aetna sells its Medicare Part D prescription drug plan business.

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