Outgoing state Sen. Mike Bell, R-Riceville, will resign his seat early to take a job as senior advisor for legislative affairs and policy with the Tennessee Wildlife Resources Agency (TWRA), the Tennessean reports. Bell announced earlier this year he’d be leaving his position after nearly 16 years in the legislature. He was elected to the state House in 2006 and then the state Senate in 2010. Bell’s District 9 seat was redrawn as part of redistricting this year and is now considered District 1. He previously chaired the Senate Government Operations Committee, which oversees all the state government agencies and departments, including the TWRA.

A challenge to Nashville's laws restricting home-based businesses was today sent back to the trial court by the Tennessee Supreme Court. A Nashville music producer and a licensed cosmetologist, both running businesses out of their homes, sued Metro in 2017 after their businesses were found to be in violation of Nashville’s “client prohibition” law, which states that “No clients or patrons may be served on the property.” A trial court ruled in Metro’s favor. While the appeal was pending, Metro Council repealed the client prohibition law, replacing it with a new law allowing home businesses up to six customer visits per day. The Court of Appeals ruled the case moot due to Metro's repeal of the law. On appeal before the Supreme Court, the plaintiffs argued their case was not moot because they were still being harmed by the new law. The high court found the new law did not completely cure the harm claimed by the plaintiffs and that the appellate court could not be sure whether the plaintiffs will suffer ongoing harm. The justices unanimously decided to vacate the previous decisions and send the case back to trial court. Read more from the Administrative Office of the Courts.

From an initial client interview, to completing a representation, a lawyer’s duty of communication with a client creates ongoing potential for ethics missteps and legal malpractice liability. TBA CLE will present the “Lawyer’s Duty of Communication” webcast on Oct. 3 from noon until 3 p.m. CDT where attendees will learn what they can do to effectively meet this important attorney-client duty. Learn more and register here.

Meet TBA Director of Public Policy & Government Affairs Berkley Schwarz! Berkley works closely with the Tennessee legislature and government agencies to advocate for the legal profession by educating lawmakers on TBA’s policy positions in order to advance TBA’s legislative priorities and stop or amend legislation that adversely affects lawyers and/or the practice of law. Berkley keeps everyone at the TBA laughing, so it makes sense that the emoji she uses most on her phone is a laughing face. “My kids call the crying laughing emoji the ‘mom’ emoji,” she says.

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff members makes the association run. Check back every Wednesday for a new staff profile in TBA Today and on the TBA's Facebook, Twitter and Instagram accounts.

FedEx is seeking a senior attorney in Memphis to provide legal counsel, advice, review and direction to the corporation, its subsidiaries, various departments and to members of management to ensure effective operation in accordance with federal, state and local laws. Six years of experience and demonstrated competence as a practicing attorney in relevant area of law is required. Instructions on how to apply can be found in the job posting. Find more job postings on the TBA’s JobLink site.

President Joe Biden today signed a landmark climate change and health care bill into law, the Associated Press reports. The legislation includes the most substantial federal investment in history to fight climate change — some $375 billion over the decade — and would cap prescription drug costs at $2,000 out-of-pocket annually for Medicare recipients. It also would help an estimated 13 million Americans pay for health care insurance by extending subsidies provided during the COVID-19 pandemic. The measure is paid for by new taxes on large companies and stepped-up IRS enforcement of wealthy individuals and entities, with additional funds going to reduce the federal deficit.

The Administrative Office of the Courts (AOC) is asking contractors for proposals to determine what it would take to implement a statewide e-filing system, the Nashville Post reports. The AOC is looking for someone to study the current state of court filing systems in Tennessee and to “provide comprehensive recommendations to move Tennessee courts to a unified e-filing system.” The contractor would have three months to conduct walk-throughs and interviews with 10-15 court clerks and speak with stakeholders, including lawyers. They’d also be asked to evaluate two and four e-filing providers and to create a “roadmap” to setting up a system. According to the request for proposal, “there are 11 courts in Tennessee that are utilizing e-filing systems and 20 additional courts that have been approved for implementation of an e-filing system. There are over 300 courts in the state.” The request for proposals will close early next month. 

Cade Cothren, former chief of staff for ex-House Speaker Glen Casada, is challenging a subpoena to testify before the Registry of Election Finance regarding a political action committee he secretly ran, the Tennessee Lookout reports. The Registry subpoenaed Cothren in January after a former girlfriend testified she formed the Faith Family Freedom Fund Political Action Committee at Cothren’s request so he could run it secretly. Cothren’s attorney, Cynthia Sherwood of Nashville, claims the court should not hold him in contempt for invoking his right against self-incrimination in response to subpoenas. Ahead of a September hearing in front of Davidson County Chancellor Ellen Hobbs Lyle, Sherwood is arguing that overlapping cases against Cothren should circumvent the state subpoena. The court filing acknowledges the Registry’s authority to refer cases for criminal prosecution but says “the authority to subpoena Mr. Cothren should yield to Mr. Cothren’s constitutional right against compelled testimony.”

The ABA Center for Innovation has released its inaugural “Innovation Trends Report,” a collection of essays and commentaries that focuses on internal ABA innovation, advances in law and technology and regulatory innovation. The report features eight authors who highlight some of the most innovative and forward-thinking efforts nationally in the delivery of legal services. It includes a report from legal tech company Rocket Lawyer, detailing their experience with Utah’s “regulatory sandbox” – a program created to test whether alternative business models for legal services improves access to justice. Read the full report here.

Shelby County Clerk Wanda Halbert has announced her office will be closed to the public for two weeks to “catch up on critically outstanding services,” the Daily Memphian reports. The clerk’s office will be closed the weeks of Aug. 22-26 and Sept. 19-23. The office has faced criticisms recently for a backlog of thousands of license plates and vehicle tags. Shelby County commissioners voted last week to call for state oversight, specifically by the state comptroller’s office, of all functions of the office, including the backlog of license plates and car tags renewed by mail and online. Halbert says her office is not to blame for the backlog. She notified commissioners earlier this month that the office would likely close to make up for work not done while addressing the license plate backlog.