Attorney General Herbert Slatery today announced his office has reached a settlement agreement with DOC Disinfectant for making false and deceptive claims that its cleaning products were FDA and EPA approved, could eliminate COVID-19 and protect surfaces from the virus for up to 90 days. DOC also used the names and logos of many well-known companies on its website, including Panda Express, McDonald’s, iHeartRadio and others who confirmed they had never worked with DOC or approved use of their logos. DOC continued its false claims, even after it received a letter from the AG’s office. Under the terms of the settlement, DOC must pay $5,000, stop making false claims of eliminating COVID-19, stop implying its products have been approved by the FDA and EPA and more. Read more on the AG’s website.

Davidson County lawyer Ivan Omar Lopez today received a public censure from the Tennessee Supreme Court. The Board of Professional Responsibility filed a petition for discipline after Lopez failed to ensure the timely entry of a final decree of divorce in 2015 and for his failure to take timely action in 2019 after being advised the final decree was not in the court file and had not been entered. Lopez executed a conditional guilty plea acknowledging he had violated Tennessee Rules of Professional Conduct 1.3 and 8.4 (d). A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Gov. Bill Lee has received the names of three attorneys to consider for the 16th Judicial District Circuit Court vacancy. The Trial Court Vacancy Commission met today and, after a public hearing and public interview of five candidates, chose to forward the following three names to the governor: Trevor H. Lynch, John G. Mitchell III and James A. Turner. The vacancy was created by the retirement of Judge David Bragg. The 16th Judicial District covers Rutherford and Cannon counties. Read more on the candidates from the Administrative Office of the Courts.

Gov. Bill Lee has appointed attorney Carter Lawrence to serve as commissioner of the Department of Commerce and Insurance, the Tennessee Journal reports. Lawrence was previously the department’s chief deputy and last year served as interim commissioner after Julie Mix McPeak left for the private sector. He succeeds Hodgen Mainda, who resigned following a sexual misconduct investigation. Mainda has denied any wrongdoing. “Carter is a proven public servant who has stewarded key priorities for the administration throughout his tenure,” Lee said in his statement on Lawrence’s promotion. I’m confident he’ll continue to support Tennessee businesses and consumers with integrity.”

The Tennessee Supreme Court has ruled that Knox County Criminal Court Judge Kyle Hixson cannot be forced off the bench in a half dozen cases for “overstatements” he made on his campaign website, the Knoxville News Sentinel reports. Hixson’s campaign website claimed he oversaw “all” prosecutions in his former job as Knox County Deputy District Attorney General, prompting a handful of defendants to claim Hixson could not be a fair judge over their cases. The Tennessee Court of Criminal Appeals took up the case in March, ruling that Hixson was bound by his campaign rhetoric, even if it was hyperbole. But, the state Supreme Court disagreed with the lower appellate court, stating “a reasonable person would be hard-pressed to believe” that Hixson handled up to 60,000 cases a year. However, the high court also made it clear that the justices do not condone resume padding.

The Montgomery County Veterans Treatment Court graduated 16 members this week, marking the largest class in the program’s history. Each week, Montgomery County General Sessions Judge Kenneth R. Goble Jr. presides over the court, which was created in 2012 to help veterans overcome mental health or substance abuse issues. This year’s graduates completed a rigorous 12-month program and on Tuesday, the day before Veterans Day, were promoted to “Phase V VTC for life,” a phrase used to remind graduates that the issues they face require continued vigilance, but also that they are part of a community support system that will be there for them as long as they need it. Since its creation, VTC has graduated 346 veterans with a range of needs. Read more from the Administrative Office of the Courts.

Lewis Thomason shareholder Whitney Kimerling has been appointed to serve on the Metro Short Term Rental Appeals Board in Nashville. The board hears and decides appeals from decisions made by the zoning administrator regarding short-term rental permits where it is alleged that the zoning administrator is in error or acted arbitrarily. Kimerling’s practice focuses on the defense of manufacturers in product liability claims pending in Tennessee and throughout the U.S. Her work also includes medical malpractice, premises liability, and transportation litigation. She is a member of the TBA Leadership Law Class of 2019, a member of the TBA Young Lawyers Division and of its Tort and Insurance Law Section. 

The TBA Bankruptcy Law Section will present The Small Business Reorganization Act and the CARES Act: Basics of Subchapter V Reorganizations and Current Developments on Dec. 7 from 1 to 2:30 p.m. CST. Virtually join bankruptcy attorneys and an experienced bankruptcy judge as they review the basics of basics of SBRA, as enhanced by the CARES Act and recent decisions of the courts applying this important small business legislation during a recession. The panel will also review the decision attorneys must make when guiding small business clients through the unfamiliar territory of Chapter 11 or SBRA’s subchapter V. Remember: all 2020 CLE hours can be taken online and TBA members get discounted pricing on all CLE programs.

The next installment in the Entertainment & Sports Section's 2020 Webcast Series is set for Dec. 2 from 3 to 4 p.m. CST. They All Fall Down: Confederate Monument Removal Cases & Public Art Policy will explore what place, if any, Confederate monuments have in the public sphere. Kristi Arth, assistant professor of law at Belmont University College of Law, will provide an in-depth look at monument removal lawsuits, emergent linguistic trends in court opinions related to public art policy, and how public art theory can better inform judicial decisions. Remember: all 2020 CLE hours can be taken online and TBA members get discounted pricing on all CLE programs.

The Dickson County Justice Center, a new 70,000-square-foot facility in Charlotte, will officially open its doors on Nov. 30, the Tennessean reports. The paper has published pictures of the new center ahead of its open house on Nov. 15.  All county courts will now be housed in the facility, located on Highway 49 neighboring the Charlotte Square.