TBA Law Blog


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Posted by: Kate Prince on Dec 1, 2020

Attorney General Herbert Slatery today said he has joined attorneys general from 43 states, the District of Columbia and five US territories, urging Congress to extend the Coronavirus Aid, Relief and Economy (CARES) Act funding until the end of 2021. The coalition is asking Congress to pass at least one of the several extension measures that are pending in both the House and Senate. The CARES Act was passed in March to provide more than $2 trillion in economic stimulus to state and local governments in an effort to combat the negative impacts of the pandemic. One restriction placed on the funding limited the money’s use to expenses incurred between March 1 and Dec. 30, a timeframe Slatery says made sense earlier this year, but now “seems unreasonable.” Read the full release from the AG’s office.  

Posted by: Kate Prince on Nov 25, 2020
News Type: Legal News

Nashville District Attorney Glenn Funk fired former assistant district attorney Pam Anderson last month after she recommended against charging a police recruit with murder and referred to him as an “excellent shot” in an email, the Tennessean reports. Nathan Glass was working as a security guard for a Nashville restaurant when he shot and killed DeAngelo Knox outside the business. Glass, who had been accepted into Nashville’s police training academy at the time, claimed he shot Knox out of self-defense after he saw him with a gun. Claiming there was not enough evidence to prove otherwise, Anderson declined to pursue the case. In an email to a police investigator, Anderson said Glass had “justifiably killed” Knox. “Ha! The security guard was an excellent shot,” she wrote in a March 2019 email. Funk became aware of the email last month and fired Anderson on Nov. 2. He also reversed Anderson’s recommendation on the case and Glass was indicted on one count of second-degree murder this month. Anderson says the email was taken out of context and that it only reflected her exclamation upon remembering the case and the suspect's skill with a firearm.

Posted by: Kate Prince on Nov 25, 2020
News Type: Legal News

Attorney General Herbert Slatery and a coalition of over 30 attorneys general today announced a $113 million settlement with Apple Inc. over the company’s decision to throttle iPhone speeds in order to address unexpected shutdowns in some devices. A multi-state investigation found that, after discovering that batteries were leading to unexpected shutdowns of iPhones, Apple hid the issues from consumers instead of disclosing the issue and replacing the batteries. That concealment led to a software update in December 2016 that reduced iPhone performance to keep the phones from shutting down. Apple will pay Tennessee $2,113,063.81 and must also provide truthful information to consumers about iPhone battery health, performance and power management. Read more on the terms of the settlement.

Posted by: Kate Prince on Nov 25, 2020
News Type: Legal News

Purdue Pharma yesterday pleaded guilty to three criminal charges in federal court, formally acknowledging the role it has played in the opioid epidemic, the Associated Press reports. Purdue, which makes OxyContin, took responsibility for impeding the U.S. Drug Enforcement Administration’s efforts to combat the addiction crisis, admitting it lied to the DEA about having an effective program to prevent prescription drugs from being diverted to the black market. Purdue also admitted to paying doctors through a speakers program to induce them to write more painkiller prescriptions. The guilty pleas were part of a criminal and civil settlement announced last month between Purdue and the Justice Department. The deal includes $8.3 billion in penalties and forfeitures, but the company will only pay the federal government $225 million as long as it executes a settlement moving through federal bankruptcy court with state and local governments and other entities suing it over the toll of the opioid epidemic.

Posted by: Kate Prince on Nov 25, 2020
News Type: Legal News

Attorney General Herbert Slatery and Attorneys General of 45 additional states and the District of Columbia have reached a settlement agreement with The Home Depot, resolving a multi-state investigation into a 2014 data breach. The breach exposed the credit card information of roughly 40 million customers after hackers gained access to Home Depot’s network and deployed malware on the company’s self-checkout system. Per the settlement, Home Depot must pay $17.5 million to the states. Tennessee will receive $253,004.06 of that settlement. Additionally, Home Depot must implement and maintain a series of data security practices. Read the settlement terms here.

Posted by: Kate Prince on Nov 25, 2020

The Republican Caucus in the Tennessee House of Representatives has voted to close its meetings to the press, WPLN reports. Traditionally, the GOP Caucus allowed reporters to attend and report on events and discussions from the party meetings, but on Tuesday voted to shift away from this practice. Caucus Chair Rep. Jeremy Faison says the new rule is standard policy in legislatures across the country and that leadership will talk to reporters after each meeting to answer questions. Per Senate rules, the Senate GOP Caucus will continue to keep its meetings open.

Posted by: Kate Prince on Nov 25, 2020
News Type: Legal News

The U.S. Justice Department has rescheduled the execution date of Lisa Montgomery, the only female on federal death row, the Associated Press reports. Montgomery’s original execution date of Dec. 8 was delayed after her two Tennessee-based federal public defenders contracted the COVID-19 virus and asked for more time to prepare a clemency appeal. The execution is now scheduled for Jan. 12, eight days ahead of the inauguration of President-elect Joe Biden, a vocal opponent of the death penalty. Montgomery’s execution would be the first time the federal government has put a woman to death in more than six decades, and it would be one of three federal executions set for that week. Montgomery’s lawyers have argued that their client suffers from serious mental illnesses.

Posted by: Kate Prince on Nov 25, 2020
News Type: Wellness Wednesday

The holiday season can be stressful, and with the added stressors the pandemic has contributed, it’s more important than ever to take proactive steps to safeguard your mental health this Thanksgiving. An article from Medical News Today lays out five tips to help fend off the seemingly inevitable blues of a physically distant Thanksgiving. Topping the list are three mood-boosters that are often recommended—getting good sleep, keeping active and eating and drinking well. The article also recommends addressing any loneliness you might experience by making an effort to make contact either by phone or video chat with family and friends. Finally, align your expectations and be prepared for the different positions family and friends might take on the COVID-19 pandemic. It’s important to have clear and frank discussions with loved ones about what they can expect at Thanksgiving this year. 

Posted by: Kate Prince on Nov 25, 2020
News Type: TBA CLE

Don't miss the 2020 Environmental Law Forum, which will take place tomorrow from 10 a.m. to 2:30 p.m. CST! This year's virtual program will feature updates regarding PFAS litigation, OSHA compliance for environmental professionals, TDEC protocols, ethics and more. Learn from seasoned experts while earning three general and one dual credit hours of CLE. Connection info will be sent following registration. Remember: all 2020 CLE hours can be taken online and TBA members get discounted pricing on all CLE programs.

When: Tomorrow, Dec. 2, 10 a.m. CST
Where: Zoom Webinar, connection information sent following sign up

REGISTER NOW

Posted by: Kate Prince on Nov 25, 2020
News Type: Legal News

The TBA will be closing at 1 p.m. CST today and will remain closed all day on Thursday and Friday in observance of the Thanksgiving holiday. We will reopen Monday at 8 a.m.  


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