TBA Law Blog


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Posted by: Azya Thornton on Dec 18, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court decided today to hear a bid by TikTok and its China-based parent company, ByteDance, to block a law that would force the sale of the app by Jan. 19, 2025, or be banned in the U.S. According to Reuters, the justices did not immediately act on an emergency request by TikTok and some of its users to block the potential ban, opting instead to hear arguments on the matter on Jan. 10, 2025. Earlier this month, a federal appeals court upheld a law requiring ByteDance to sell TikTok or face a U.S. ban.

Posted by: Azya Thornton on Dec 18, 2024
News Type: Legal News

A DeKalb County grand jury indicted 31st Judicial District Attorney General Christopher Robert Stanford on one count of reckless endangerment Monday, The Tennessean reports. Stanford is accused of firing his weapon while attempting to apprehend a man accused of a triple homicide in Warren County, according to authorities. The Tennessee Bureau of Investigation said Stanford was pursuing a wanted fugitive when he fired his weapon, but there was "no immediate threat" to Stanford or others. Stanford has served as district attorney since 2022. The district serves Van Buren and Warren counties. Stanford's first court hearing is scheduled for 9 a.m. CST on Jan. 7, 2025.

Posted by: Azya Thornton on Dec 18, 2024
News Type: Legal News

The share of first-year law school enrollment by racial and ethnic minority students remained steady overall in the year since the U.S. Supreme Court's decision that effectively ended race-conscious college admissions. The data released Monday by the American Bar Association covers 196 law schools and shows a total of 40,650 entering law students in 2024, a 4.5% increase from 2023. With regard to race and ethnicity, the data shows the following: white students made up 56.8% of first-year students, a slight 1.1% decrease from last year; Hispanic students held steady at 14.2%; Asian students saw the largest increase, rising from 7.8% to 9.8%; Black students dropped slightly from 7.8% to 7.7%; and students who did not report their race or ethnicity grew to 6.2%. According to Forbes, the 2024 class was being closely watched as the first to be admitted after the high court's 2023 decision in Students for Fair Admissions v. President and Fellows of Harvard College.

Posted by: Julia Wilburn on Dec 17, 2024
News Type: Year End CLE

The TBA will host a webcast replay of "Ethics Update: Current Developments from the Board of Professional Responsibility (BPR)" on Dec. 31 at 10 a.m. CST. Earn an hour of dual credit with Eric Fuller, disciplinary counsel in the BPR's litigation department, as he reviews the latest ethics updates. Register here and wrap up your CLE requirements for 2024!

Posted by: Julia Wilburn on Dec 17, 2024
News Type: Legal News

Crime rates in Memphis are trending down from last year, according to data from the Memphis Police Department. The Daily Memphian reports that year-to-date, overall violent crime incidents are down around 8% compared to the same point last year, and at the same time, arrests are up, likely due to a new department task force. Murders are down 31%, guns stolen from cars have decreased 24%, juvenile arrests for gun charges are down 7.3% and car thefts and car break-ins are down 38% and 19%, respectively. The number of interstate shootings also has decreased.

Posted by: Julia Wilburn on Dec 17, 2024
News Type: Legal News

The Biden administration has released a rule “overhauling” the H-1B work visa program with the aim of streamlining the application process and limiting abuse of the program. An article from The Hill highlights the changes, which include clarifying who can apply for an H-1B work visa, expanding the definition of specialty occupation positions, and spelling out the requirements for nonprofit and governmental research organizations to sponsor visas. Of note, the changes impose H-1B eligibility requirements on third-party beneficiaries rather than applicant organizations; codify numerical cap exemptions for research jobs to allow nonprofits and academia to sponsor visas year-round; allow foreign nationals transitioning from a student visa to an H-1B to avoid gaps in employment; and expand the government’s authority to conduct site visits to ensure proper implementation of the visa.

Posted by: Julia Wilburn on Dec 17, 2024

Several new state laws are set to take effect Jan. 1, 2025, reports the Tennessean. The Protecting Children from Social Media Act requires social media companies to verify users' ages before they can create an account. If the user is a minor, the company must confirm "express parental consent" before the minor is allowed to create an account. The Protect Tennessee Minors Act limits minors from accessing pornography online. Companies may either require users to match an uploaded photo with a state ID or use "a commercially reasonable method relying on public or private transactional data to verify" that users are over 18 years. Both the social media and pornography age verification laws are facing free speech lawsuits in federal courts. Also on Jan. 1, residents of China, Iran, North Korea and other countries subject to the International Traffic in Arms Regulations will be prohibited from owning agricultural land in the state. It was challenged in court on Oct. 31 by investors in the Walton Tennessee company. Other laws taking effect in the new year are HB1814, which requires landlords to provide contact information for the "agent" authorized to manage the property; a new law requiring alcohol servers to be trained on preventing date-rape drugging and the role of alcohol and drugs in sexual assault; and SB1919, requiring medical providers with TennCare to begin prescribing birth control as a 12-month refill, allowing patients to get a year's worth of contraceptives without returning for multiple doctor visits.

Posted by: Stacey Shrader Joslin on Dec 17, 2024
News Type: BPR Actions

The Tennessee Supreme Court has rejected proposed disciplinary action against Sullivan County lawyer Samuel Ervin White and referred the matter back to the Board of Professional Responsibility. In its order, the court said the following: “Based on our review of the entire record in this matter, [we have] concerns that the recommended sanction, particularly the period of active suspension, is too lenient given the number of complaints, the serious nature of the alleged misconduct, including abandonment of vulnerable clients, and dishonesty in communications with clients, other lawyers and disciplinary counsel.” White had agreed to a conditional guilty plea to resolve complaints filed against him on Oct. 29.

Posted by: Julia Wilburn on Dec 17, 2024
News Type: Legal News

Lincoln Memorial University Duncan School of Law (LMU Law) has announced the hiring of Lucille C. McGee as director of experiential learning and assistant professor of law. McGee is a graduate of Harvard University’s Derek Bok Center for Teaching and Learning, where she earned a higher education teaching certificate in 2020. She received her law degree from the Appalachian School of Law and a degree in English from the University of Georgia. In her new role, McGee will oversee LMU Law’s experiential learning programs, including clinics, externships and simulation courses. She also will teach practice-oriented courses such as externships and pleadings and practice. Read more in a press release from the law school.

Posted by: Julia Wilburn on Dec 17, 2024
News Type: Legal News

After a state investigation found Nashville District Attorney (DA) Glenn Funk's office secretly recorded criminal defense attorneys, office employees and visitors, a special prosecutor has been appointed to handle a 24-year-old murder case. Robert Nash, DA for Montgomery and Robertson counties, will take over the case of Calvin Atchison from Funk's office. The Tennessean reports that in October, Judge Cynthia Chappell postponed the trial for Atchison, who is accused of killing a North Nashville woman in 2000. Atchison's defense attorney Ben Powers had asked Chappell to disqualify the Nashville DA's office from prosecuting the case because Powers and a private investigator were pictured in the state's audit report about the situation. State investigators also found an audio recording of the two as they worked in the Funk's office.


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