TBA Law Blog


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Posted by: Julia Wilburn on Feb 16, 2024
News Type: Legal News

A group of women suing Johnson City and multiple police officers is now accusing city officials of victim-shaming, pushing back against public statements suggesting they deserve blame for being victims of an alleged serial rapist, the Tennessee Lookout reports. Johnson City Manager Cathy Ball has said the victims could be, to some degree, “at fault” for their assaults because they “consumed and partook of illegal drugs.” The lawsuit alleges mishandling of the investigation into local businessman, Sean Williams, and claims officers with the Johnson City Police Department took hundreds of thousands of dollars in cash from Williams while refusing to take meaningful steps to "stop his sexually predatory behavior," News Channel 9 reported in December. “Survivors deserve to be treated with respect,” one Jane Doe said. Ball said in a statement that “protecting victims and the community is the top priority of the Johnson City Police Department."

Posted by: Julia Wilburn on Feb 16, 2024
News Type: TBA CLE

Make plans now to attend a May 2 webcast to hear from a representative of the Tennessee Department of Revenue, who will provide an introduction to the state franchise and excise tax. The event will begin at noon CDT and provide one general CLE credit. More information coming soon!

Posted by: Julia Wilburn on Feb 16, 2024

Legal technology and TBA member advantage company Clio has announced it will heighten its focus and investment on technology for mid-sized law firms of more than 20 employees, according to the legal blog LawSites. Clio states that more than 1,000 mid-sized law firms already subscribe to its services, so it will more heavily invest in products tailored to that market. In conjunction with the announcement, Clio released its 2024 Legal Trends for Mid-Sized Firms report, which finds a significant discrepancy in the adoption of cloud-based legal practice management software between mid-sized and smaller law firms, signaling a potential gap in artificial intelligence readiness and technological integration across the mid-sized segment.

Posted by: Julia Wilburn on Feb 16, 2024

Franklin Republicans Rep. Jake McCalmon and Sen. Jack Johnson have introduced HB1906/SB1801, which would extend the statute of limitations for minor victims of child sexual abuse by 15 years. Fox 17 Nashville reports that the bill would give minor victims of trafficking for a commercial sex act up to 30 years after they turn 18 to sue for injuries or illnesses that occurred during the abuse. Currently, victims are able to file civil actions against alleged perpetrators for up to 15 years after their 18th birthday.

Posted by: Julia Wilburn on Feb 16, 2024

Several bills have been moving through the legislative process this week. A House panel has advanced a bill that would make it illegal for an adult to help a minor get an abortion without parental consent. The TN Ledger reports that, if enacted, the measure would make it illegal for an adult who "recruits, harbors or transports" a pregnant minor within the state to get an abortion without consent from the minor's parents or guardians. In other news, the proposed ELVIS Act unanimously passed the House Banking and Consumer Affairs Subcommittee following testimony from singer and actress Chrissy Metz, songwriter board member Jamie Moore and Recording Industry Association of America Senior Vice President of Public Policy Jessie Richard. The bill would protect the individual voice, image and likeness against irresponsible uses of AI technology, according to the Tennessean. A bill to require students to have firearm safety training at school has passed the House Education Instruction Subcommittee, WPLN reports. And legislation that would give officiants the power to refuse to marry anyone with whose habits or lifestyle they disagree is headed to the governor for his signature, reports Fox Chattanooga. Opponents say the bill is unnecessary and that the law already allows pastors to refuse to perform marriages. Finally, two bills have been delayed, according to news reports. "Jillian's Law," which would close a loophole for those currently deemed incompetent to stand trial, has been paused until legislators "ensure it does not become law without the funding to pay for it," according to WJHL. Also delayed was proposed legislation that would ban the practice of running for two offices at the same, The Tennessee Journal reports.

Posted by: Julia Wilburn on Feb 16, 2024

TBA’s Legislative Updates podcast is new with TBA lobbyist Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley. This week they discuss several bills that are moving through the legislative process, including HB2320/SB2375 on debtor/creditor relations; the rolling professional privilege tax bill, HB2586/SB1841; HB1804/SB1690 on child custody and support; HB2710/SB2254, TBA's conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, TBA's adoption clean-up bill. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Julia Wilburn on Feb 16, 2024
News Type: Upcoming

Belmont College of Law's Law Journal will present its inaugural symposium, "Drawing Back The Curtain: Discussions of Negotiations, Mediations and Alternative Dispute Resolution in the Entertainment and Sports Industries" on March 1 from 9 a.m. to 1 p.m. CST. The event will feature three panels of attorneys, industry professionals and professors from sports, music publishing and music recording industries. The group will discuss the increasing importance of out-of-court conversations that can profoundly influence the rights of artists and athletes regarding contractual rights, intellectual property rights, privacy rights and profitability. Attorneys can register here. See the attached flyer for more information.

Posted by: Julia Wilburn on Feb 16, 2024

It's Leap Year, so why not spend your extra day giving back to the community by volunteering with West Tennessee Legal Services (WTLS)? The group will hold a virtual Simple Wills and Power of Attorney Clinic during the day on Feb. 29 CST. All volunteers will participate virtually using the WTLS document automation software and calling clients to complete their needed documents. WTLS will handle meeting with clients to sign the documents. Sign up here.

Posted by: Paul Burch on Feb 15, 2024
News Type: Legal News

Nashville Mayor Freddie O'Connell said today that voters should expect to see local transit funding on their ballots in November, reports the Tennessean. During his campaign for mayor, O'Connell pledged to pursue a countywide vote on a tax raise to fund mass transit projects during his first term. Today's announcement marks the start of a new campaign to sell the city on a plan to improve public transit and a dedicated stream of new tax revenue to pay for it. O'Connell said he expects to present a plan in greater detail next month, including the anticipated cost of the project, which likely will be "somewhere in the billions" spread over a 30-year period, according to the paper.

Posted by: Paul Burch on Feb 15, 2024
News Type: Legal News

The U.S. Department of Justice has filed a lawsuit over Tennessee’s aggravated prostitution statute, which it argues violates the Americans with Disabilities Act. The Daily Memphian reports that the suit, which also lists the Tennessee Bureau of Investigation as a defendant, was filed in the U.S. District Court for the Western District of Tennessee. “The enforcement of state criminal laws that treat people differently based on HIV status alone and that are not based on actual risks of harm, discriminate against people living with HIV,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a news release. The state’s aggravated prostitution statute was enacted in 1991. Read previous coverage of the statute from TBA Today


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