TBA Law Blog


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Posted by: Kate Prince on Jun 11, 2020
News Type: TBA CLE

The Intellectual Property Law Forum originally scheduled for April 17 will now be a virtual CLE event, held over two days, July 15 - 16. The TBA's IP Section Executive Council has put together a compelling program to discuss IP with vices front and center. The first day of the program will provide accounts of bad actors running afoul of trade secret law, provide insight into the life of hackers and finish with ways to avoid trouble with online information. The sessions run from 1 to 4 p.m. CDT. Attendees can earn two general and one dual CLE hours. The program continues on day two exploring the various forms of available IP protection for the cannabis industry and ends with insights into how to best distinguish and protect your home brew from others. Those sessions run from 1 to 3 p.m. CDT. Attendees can earn two general CLE hours. In an effort to provide flexibility, attorneys can register to attend day one, day two or the full, two-day program.  Find out more about the sessions, speakers and registration options available by clicking here.

Posted by: Kate Prince on Jun 9, 2020
News Type: Legal News

The University of Tennessee College of Law, its Legal Clinic and the Black Law Student Association have all issued statements following the death of George Floyd at the hands of Minneapolis police. The College of Law announced it is creating a Diversity Action Plan with “specific objectives and measurable outcomes that promote diversity, equity and inclusion in our law school.” The UT Legal Clinic has pledged to be more intentional about addressing systemic racism in its client representation and clinic seminars and says it will embark on a “deliberate listening process with the communities most harmed by systemic racism to learn how we can be more responsive to their needs.” The Black Law Student Association in its statement demanded change throughout the criminal justice system. “This change should focus on implicit bias, inadequate training, criminalization based on race, police oversight boards, and over policing of Black neighborhoods,” the group said. “Black Lives Matter today, tomorrow and always.”

Posted by: Kate Prince on Jun 9, 2020

Rep. Mike Carter, R-Ooltewah, has issued a public apology after making an “inappropriate” comment to an African American colleague, the Commercial Appeal reports. Carter, a white man, made the comment during a House Civil Justice Subcommittee meeting, when he tried to give Rep. Joe Towns, D-Memphis, a chance to speak, but could not get his attention. "He's getting the secret formula to Kentucky Fried Chicken," Carter said. "Pretty concentrated on that." Carter said he would let Towns "get the recipe" before returning to him. In House chambers hours later, Carter appeared to fight back tears while apologizing for his remarks, calling them inappropriate and saying he looked forward to working on any issues of “racial reconciliation” in the future. Towns said he appreciated Carter’s apology. "Historically in our country we've had a lot of problems," Towns said, noting recent developments around the country and in Tennessee. "It's very critical that we have to mind our words as it relates to women and children and ethnic groups that have been maligned over a period of time."

Posted by: Kate Prince on Jun 9, 2020

The American Civil Liberties Union is considering a second lawsuit against the Shelby County Sheriff’s Office over COVID-19-related health conditions at the Shelby County Jail, the Daily Memphian reports. A demand letter from the ACLU and a wide range of organizations and attorneys was sent to Sheriff Floyd Bonner on Monday, alleging unsanitary conditions and inadequate preventative measures are jeopardizing the health of detainees in the jail. The letter claims detainees have limited access to drinking water, are given utensils and cups that are not cleaned and have “vomit and feces on the clothing, bedding and towels.” The letter gives the sheriff until 2 p.m. on Thursday to agree to remedy 15 alleged deficiencies, ranging from inadequate testing to a lack of hand sanitizer and soap. The ACLU filed a federal class action suit against the Sheriff’s Office last month that seeks habeas corpus hearings to obtain the release of medically vulnerable detainees. As many as 70 sheriff’s employees and 160 detainees have tested positive for COVID-19.

Posted by: Kate Prince on Jun 9, 2020

The state Senate on Monday passed a bill that could potentially hamper efforts to have the controversial Nathan Bedford Forrest bust removed from the Capitol, the Tennessean reports. In its original form, SB1694 would extend the life of the Capitol Commission, the group responsible for deciding the fate of the bust, which was scheduled to expire this year. However, the bill’s sponsor, Rep. Kerry Roberts, R-Springfield, also amended the legislation to add the House and Senate chief clerks to the commission. With both Republican-controlled chambers having expressed opposition to removing the bust, the two chief clerks could counter votes to have it removed. The amendment was never discussed or filed in a committee, which Roberts said was “strictly an oversight.” The bill now goes before the House.

Posted by: Kate Prince on Jun 9, 2020
News Type: Legal News

Tennessee has reached an agreement with Harris Jewelry for its unlawful credit services business and deceptive and misleading representations related to that business. According to the Attorney General's office,  the store promoted and profited from a financing scheme called the “Harris Program," which was marketed to active duty service members as a way to establish or repair their credit. Customers were encouraged to select expensive jewelry to maximize the amount of credit extended, which Harris determined based on their branch of service and time remaining on active duty. Convoluted payment plans made it near impossible to determine the total cost of the transaction and the “retail” prices bore little resemblance to the amount paid at the end of the financing contract. Under the settlement, Harris is required to pay $800,000 in debt relief and refunds to certain consumers and will pay the state $306,000 if it defaults on any part of the judgement. Read the final judgement and complaint.

Posted by: Kate Prince on Jun 9, 2020

The TBA’s virtual 2020 Convention, which will take place entirely online the week of June 15, will offer several opportunities for lawyers to gather for roundtable discussions. Sessions include a Law Firm Managing Partners Roundtable on Monday, an In-House Counsel Roundtable and General Practice Roundtable on Tuesday, and a Diversity and Inclusion Roundtable on Wednesday. Check out all the roundtable options here. This year’s convention also is offering virtual law school gatherings. Connect with alumni from your law school and hear updates from the deans and other leaders. All convention programming is free for TBA members but registration is required.

Posted by: Kate Prince on Jun 5, 2020

After a recess in March due to the COVID-19 pandemic, the Tennessee General Assembly is officially back in session. And if the legislature is back in session, so are TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley. A new episode of the TBA Legislative Updates podcast is out now and features a status report on the professional privilege tax and TBA-sponsored bills, including legislation from the Business Law (SB1990/HB1886), Real Estate (SB1989/HB1885) and Adoption Law (SB1769/HB1676) sections. Legislative Updates is part of the TBA Podcast Network and can be found on the TBA’s website and anywhere you listen to podcasts.

Posted by: Kate Prince on Jun 4, 2020
News Type: Your Career

Legal Aid of East Tennessee is now hiring for a staff attorney available out of the Knoxville, Chattanooga, Johnson City or Morristown office to assist seniors in general civil legal matters. This position will be part of a state-wide Elder Trust Consortium, a first-of-its-kind partnership between legal aid programs in Tennessee to bring high-quality legal services to seniors. Ten years of legal experience is preferred. Demonstrated commitment to high-quality legal work and equal access to justice is required. The position is funded through October 2021 and continuation is contingent on continued grant funding. Applicants should submit a letter of interest, resume, three references and a writing sample to Crystal Lugo, Human Resource Specialist, Legal Aid of East Tennessee, 535 Chestnut Street, Suite 360, Chattanooga, TN, 37405.

Posted by: Kate Prince on Jun 4, 2020
News Type: Legal News

Reference and customer support services at Fastcase will be unavailable Friday as the company gives its New York and Washington, D.C., based employees a paid mental health holiday. The Fastcase, Docket Alarm and NextChapter software services will all be online and functioning. Fastcase Vice President of Alliances and Business Development Joe Patz Vineyard says its team has been “buckling down” to put users first during the COVID-19 pandemic and after a week of standing in solidarity with “those who are fighting for human rights,” the break is needed. “These events have pressured a team already stretched very thin, and to support our co-workers, we are going to close all Fastcase offices for a paid mental health holiday tomorrow.”


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