News

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 at http://www.tba.org/submit-an-article, 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 Commission on CLE & Specialization at http://www.cletn.com/.

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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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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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Reported Check Scam Appears in Tennessee

Tennessee attorneys should be on the lookout for an email check scam that at least one Nashville firm has reported encountering. The deception involves an overseas caller or emailer claiming to be a real person and asking about a breach of contract issue. A preliminary web search about the "client" would likely return real results, creating the appearance of validity. The North Carolina Bar Association has more information and examples of materials likely used by the scammer. The NCBA advises caution when dealing with any debt collection case initiated by an overseas “client.”
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Reported Check Scam Appears in Tennessee

Tennessee attorneys should be on the lookout for an email check scam that at least one Nashville firm has reported encountering. The deception involves an overseas caller or emailer claiming to be a real person and asking about a breach of contract issue. A preliminary web search about the "client" would likely return real results, creating the appearance of validity. The North Carolina Bar Association has more information and examples of materials likely used by the scammer. The NCBA advises caution when dealing with any debt collection case initiated by an overseas “client.”
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Filing Deadline Changed for Certain State Tax Returns

The due date for certain Tennessee franchise and excise tax returns, business tax returns and Hall income tax returns will be April 18, instead of April 15, to be consistent with the Internal Revenue Service federal income tax filing deadline, the state Department of Revenue says. For more information, please see the department's website.

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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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Settlement Requires Western Union to Develop Anti-Fraud Program

Tennessee Attorney General Herbert H. Slatery III announced today a multistate settlement with the Western Union Company, following an investigation which focused on complaints from consumers who used Western Union’s services to send money to third parties involved in schemes to defraud consumers. The settlement requires Western Union to develop and put into action an anti-fraud program. Forty-eight states and the District of Columbia participated in this settlement. Read more here.
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Credit Reporting Companies Settle Federal Case

Credit reporting companies Equifax and TransUnion have agreed to pay more than $23 million to resolve claims they misled consumers and lured them into paying monthly fees for credit-related products, the ABA Journal reports. The federal Consumer Financial Protection Bureau announced the settlement this week. According to regulators, the companies touted free or $1 credit scores while enrolling people in automatic renewal programs that cost $16 or more a month, and falsely portrayed the credit scores marketed to consumers as the same scores used by lenders for credit decisions. In reality, lenders use a variety of credit scores, which can vary by provider and target industry.

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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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Lawyers Sought for Women’s Empowerment Conference

Volunteer lawyers are needed for an upcoming Women’s Empowerment Conference organized by Women Overcoming Many Battles Ministries, a faith-based nonprofit that seeks to help women overcome life’s challenges. The conference will take place July 30 from 10 a.m. to 1 p.m. at Mt. Lebanon Missionary Baptist Church in Nashville. Attorneys are needed to lead 15-minute presentations on child support enforcement and wrongful eviction and participate in a general question and answer session. Lawyers also are needed to provide brief legal advice in one-on-one meetings with the women. Those interested in helping should contact AOC Pro Bono Coordinator Patricia Mills

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BancorpSouth Fined for ‘Redlining’ in Memphis

The U.S. Department of Justice and the Consumer Financial Protection Bureau have fined Mississippi-based BancorpSouth $10.6 million for deliberately discriminating against minorities in its lending practices. The action alleges the bank avoided construction of branches in minority neighborhoods in Memphis and charged higher interest rates on loans made to minorities than to non-minorities. The Daily Times has more from the AP.

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Senate, House Pass Bill on Continuing 6-Month Garnishments

Continuing six-month garnishments will now reach individuals who are paid by commission or otherwise, and will be treated as employer garnishments under TBA-sponsored legislation. The measure – SB1969 / HB1775 by Shelbyville Republicans Sen. Jim Tracy and Rep. Pat Marsh – as amended today passed the Senate with a 32-0 vote and the House with a vote of 91-0. Read the amendment that makes the bill.

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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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Bill Addressing Garnishments from Individual Debtor Approved

Legislation proposed by the TBA Creditor’s Practice Section to address garnishments to collect from an individual debtor, no matter whether the debtor is an employee or independent contractor, cleared committees in the House and Senate today. The bill (HB1775 / SB1969), sponsored by Rep. Pat Marsh, R-Shelbyville, and Sen. Jim Tracy, R-Shelbyville, as amended heads to the floor for final action.

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Complaints for Relief from Elavon Due Feb. 27

Eligible Tennesseans who seek relief from Elavon Inc., following a settlement between the global credit card transaction processor and Attorney General Herbert Slatery, must file a complaint by Feb. 27. The settlement, reached November 2015, resolved allegations that the company was misrepresenting its cancellation policy and other items. Complaints may be filed online or by phone at (615) 741-4737.

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Program to Look at Predatory Lending

Chattanooga’s Covenant College and the Center for Public Justice are co-hosting a program on predatory payday lending next Monday from 7 to 9 p.m. in Covenant's chapel, the Chattanoogan reports. Michael Gerson, syndicated columnist and former speech writer for President George W. Bush, will deliver the keynote address, offering a biblical perspective on payday loans and how Christians can respond to this growing issue of injustice.

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Opinion: Bitcoin Poses Unique Challenges for Lawyers

Because of their unique attributes, bitcoin and other virtual currencies present challenges for lawyers who wish to locate and collect against assets, a contributor to the Nashville Business Journal argues. Andrew Hinkes with the Florida business law firm Berger Singerman says the movement of money “almost instantly, without payment of fees and with minimal records” seriously complicates the tracing of assets. He encourages lawyers to understand how these systems work.

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Creditors Practice Forum, 3 Hours of CLE

TBA’s Creditor’s Practice Section will offer current developments in this area of law at the upcoming Creditors Pratice Forum, Sept. 23 at the TBA in Nashville. Topics to be discussed include recent actions of the Consumer Financial Bureau and a discussion of the growing issues and ethics surrounding debt management/settlement companies. The course is worth three hours of CLE.

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AG Announces $136M Chase Bank Settlement

Tennessee Attorney General Herbert Slatery, along with 46 other states and the Consumer Financial Protection Bureau, announced a $136 million settlement with Chase Bank USA N.A. and Chase Bankcard Services Inc. The deal settles claims that Chase subjected consumers to inaccurate credit reporting, unlawful judgments, inaccuracies in debt collection suits, re-sale of uncollectable debts, use of false and deceptive affidavits and robo-signing. As part of the deal, Chase will spend $50 million to make restitution to consumers and will be barred from reselling consumer debts to other purchasers.

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AG Reaches Settlement with Middle Tennessee Auto Dealer

Middle Tennessee auto dealer Wholesale Inc. has agreed to immediately change its advertising practices and pay the State of Tennessee $50,000, Attorney General Herbert H. Slatery III announced today. The state alleged that the defendant made numerous false representations in violation of the Tennessee Consumer Protection Act, including use of a fictitious lender called “CreditAble Auto Funding” claimed to be “by military, for military,” offering a limited amount of loans to military personnel. "Our men and women in uniform deserve to be told the truth when considering a consumer purchase," Slatery said.

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Supreme Court Rules Hospitals Can’t Maintain Liens After Bills Paid in Full

In a unanimous opinion, the Tennessee Supreme Court has decided that hospitals are required to release their hospital lien against a patient as soon as the patient and the patient’s insurance company have paid the full amount of the hospital charges. In West v.Shelby County Healthcare Corp., three patients who received treatment at the Regional Medical Center in Memphis’ (Med) emergency room filed suit in the Circuit Court for Shelby County challenging the Med’s practice of filing liens against its patients and declining to release these liens after they had been paid. The trial court dismissed the lawsuit, but the Court of Appeals reversed. The Tennessee Supreme Court granted the Med’s appeal, ruling that neither the laws authorizing hospital liens nor the Med’s contract with health insurance companies permitted the Med to maintain its lien after the patient’s debt to the Med has been fully extinguished with payments from the patient and the patient’s insurance company. The AOC has more.

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Circuits Split on Definition of ‘Applicant’

In her Journal column this month, Kathryn Reed Edge makes a prediction: "As the financial crisis wanes and fewer banks are plagued by their borrowers’ credit problems, we in the business are seeing the federal banking agencies gear up for an energetic assault on consumer compliance violations." And adding to the confusion that many bank compliance officers have in interpreting the Equal Credit Opportunity Act, she writes that two judicial circuits, the 6th and the 8th, "have split on a seemingly simple issue of the definition of 'applicant' under the ECOA." She explains the important differences and advises readers of her column "Bank On It" to watch the U.S. Supreme Court for an answer.

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