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Posted by: Stacey Shrader Joslin on Jan 31, 2024

Tennessee Attorney General Jonathan Skrmetti has sued the National Collegiate Athletic Association (NCAA) over its restrictions on the ability of current and future student-athletes to benefit from their name, image and likeness (NIL). Skrmetti argues that the policy violates federal antitrust laws, thwarts the free market and harms student-athletes. He was joined in the suit by the state of Virginia. After the U.S. Supreme Court ruled that the NCAA violated antitrust law by imposing unreasonable restraints on the compensation of college athletes, Tennessee and other states enacted laws to foster a thriving NIL market for the benefit of student-athletes. The NCAA currently prohibits prospective student-athletes from discussing potential NIL opportunities with schools and collectives prior to enrolling. Read more about the suit. In related news, the University of Tennessee has confirmed the existence of an NCAA investigation into NIL rules violations at the school but said it has not received a notice of allegations. University Chancellor Donde Plowman tells Knox News that the school will fight any alleged violations.

Posted by: Stacey Shrader Joslin on Jan 31, 2024

Tennesseans have until Monday to register to vote if they want to cast a ballot in the March 5 presidential and county primary elections. The deadline for requesting an absentee ballot is Feb. 27. Tennessee Secretary of State Tre Hargett advised residents to download the state’s GoVoteTN app, where users can register to vote, view a sample ballot, determine polling locations, and see voter ID requirements and important election dates. Early voting will run from Feb. 14-27. Visit the department’s website for more election information, including all key dates.

Posted by: Stacey Shrader Joslin on Jan 31, 2024

Judge Jane Branstetter Stranch is planning to step down from active service on the U.S. Sixth Circuit Court of Appeals, according to a report from Reuters. Stranch, appointed by former president Barack Obama, plans to take senior status following confirmation of a successor. Prior to joining the court, Stranch was managing partner of Branstetter Stranch & Jennings in Nashville with a practice focused on labor and employee benefit matters. The move gives President Joe Biden another appointment to the court. The president has not yet nominated a replacement for Judge Julia Smith Gibbons, also from Tennessee, who said in August that she would take senior status once a successor was confirmed. Senior status is a form of semi-retirement for judges over the age of 65 who have completed at least 15 years of service on the federal bench.

Posted by: Stacey Shrader Joslin on Jan 31, 2024

The TBA Young Lawyers Division (YLD) and Tennessee Judicial Conference will hold a Bar and Bench reception tonight at 5:30 p.m. CST in Memphis. The event is sponsored by and will take place at Morgan and Morgan, 80 Monroe Ave., Ste. 900, Memphis 38103. The reception will kick off a series of networking events across Tennessee, offering a unique opportunity for lawyers and members of the judiciary to interact in a casual atmosphere. We look forward to seeing you there!

Posted by: Stacey Shrader Joslin on Jan 29, 2024

Tennessee Secretary of State Tre Hargett has issued a warning to all Tennesseans about a scam involving Uniform Commercial Code (UCC) documents. According to Chattanoogan.com, as part of the scam, citizens receive an official-looking mailer from TN UCC Statement Service, incorrectly implying businesses or individuals must obtain a copy of a UCC-1 financing statement filed against them. Hargett says that the mailing is intended to “trick borrowers into paying excessive costs to obtain a document they will likely never need.” The UCC is a comprehensive set of laws governing sales or other commercial transactions. A UCC-1 financing statement is a legal form that creditors use to give notice that they have a lien on an asset of a debtor. Hargett is encouraging anyone who receives this mailing to report it to the Division of Business and Charitable Organizations and the Tennessee Attorney General’s office.

Posted by: Stacey Shrader Joslin on Jan 29, 2024

Tennessee House Speaker Cameron Sexton and Senate Majority Leader Jack Johnson were in Memphis on Friday to announce a new legislative effort to expand the criminal charges for which bail would not be an option. The Commercial Appeal reports that currently, only those charged with capital murder can be denied bail in the state. The bill, which is not yet drafted, would amend the state constitution to add other violent crimes. Sexton, who says the measure is intended to "allow the judicial branch to have more discretion," was joined at a press conference by Memphis Mayor Paul Young, Shelby County District Attorney Steve Mulroy, a number of state legislators representing Memphis and Shelby County, and local law enforcement officials. Mulroy says he supports the idea so long as the language specifically states that judges retain discretion in setting bail. State Rep. Antonio Parkinson, D-Memphis, said his constituents support the legislation because they want a safer community. State Sen. Raumesh Akbari, D-Memphis, appeared to support the amendment, but called for gun reform. The bail reform nonprofit Just City said it opposes the idea, arguing it will not tackle the crime problem in Memphis.

Posted by: Stacey Shrader Joslin on Jan 29, 2024

A Wilson County woman has reached a settlement with Rutherford County and members of the Rutherford County Sheriff’s Office after she sued for being forced to remove her hijab for a booking photo at the county detention center. The Tennessean reports that the county has agreed to update its booking and jail policies to accommodate religious attire, delete Johnston’s booking photos and all video footage in which she was depicted without wearing her hijab, and pay her $100,000. The updated booking policy states that “arrestees and citation recipients are not required to remove religious head coverings for booking photos as long as the view of the face and profile are not obstructed by religious attire.”

Posted by: Stacey Shrader Joslin on Jan 29, 2024

Anderson County Chancellor James “Jamie” Brooks Jr. has announced he will run in the special March 5 Republican primary. Brooks was appointed to the Seventh Judicial District seat by Gov. Bill Lee on April 18, 2023, following the retirement of Chancellor Nichole Cantrell. The primary will determine the candidates who will run to fill the remainder of Cantrell’s term. Prior to joining the court, Brooks practiced law 37 years. He says he is committed to listening courteously, answering wisely, considering soberly and deciding cases impartially. Read more about his campaign at chancellorjamiebrooks.com.

Posted by: Stacey Shrader Joslin on Jan 29, 2024

The Tennessee Department of Revenue has announced that it is extending the franchise and excise tax filing and payment deadlines to June 17 for businesses impacted by the December 2023 storms. This extension will automatically apply to any businesses in the designated disaster area. The department also says it will approve extensions for other types of taxes on a case-by-case basis for these taxpayers. Learn more about this benefit. In addition, Tennessee residents impacted by these storms are potentially eligible for sales tax refunds on items such as home appliances, home furniture and home building supplies. Read more about applying for those benefits.

Posted by: Stacey Shrader Joslin on Jan 29, 2024

Ogletree Deakins has named Nashville attorney Liz Washko as the firm’s new managing shareholder. Washko, who led the Nashville office from 2010-2018, is the first woman to serve in the role. She replaces Matt Keen, who served in the position for eight years. For more than three decades, Washko has represented management in a wide variety of employment matters. She co-founded the firm’s Pay Equity Practice Group in 2016 and served as co-chair until her appointment as managing shareholder. Read more in a release from the firm.


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