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Posted by: Katharine Heriges on Jan 9, 2019

Honorees to be Recognized at Upcoming Awards Luncheon

NASHVILLE, Jan. 9, 2019 -- Two distinguished Tennessee attorneys and a recent University of Tennessee College of Law graduate will be honored with the state's top public service awards at a ceremony this month. The awards will be presented by the Tennessee Bar Association at its 2019 Public Service Luncheon on Jan. 19 at the Downtown DoubleTree Hotel in Nashville. Held each year as part of the association's Leadership Conference, the luncheon also will feature remarks by legal community leaders including TBA President Jason Pannu and past American Bar Association President Robert Grey, Jr who currently serves as president of the Leadership Council on Legal Diversity.
 
Posted by: Katharine Heriges on Jan 9, 2019
Justice Brett M. Kavanaugh issued his first opinion for the U.S. Supreme Court yesterday, The ABA Journal reports. The unanimous opinion held that federal judges don’t have the authority to decide whether a dispute can be arbitrated when the contract gives the decision to the arbitrator. The Supreme Court ruled in a dispute between a dental equipment manufacturer and a distributor, Henry Schein Inc. v. Archer and White Sales Inc.
Posted by: Katharine Heriges on Jan 9, 2019
Following a 2013 database breach, Neiman Marcus Group LLC has agreed to pay a $1.5 million settlement to resolve an investigation with 43 states and the District of Columbia, including Tennessee. According to a release from Tennessee Attorney General Herbert Slatery, of the 370,000 payment cards that were compromised in the breach, 1,896 were determined to be associated with Tennessee consumers. Tennessee’s share of the settlement funds is $28,659.04.
Posted by: Katharine Heriges on Jan 9, 2019
Deputy Attorney General Rod Rosenstein, who had been overseeing the Robert Mueller's special counsel investigation, plans to step down after Mueller finishes his work, Fox News reports. Rosenstein wants to ensure a smooth transition for incoming Attorney General nominee Bill Barr and plans to transition out of the job in the coming weeks. The Mueller investigation will reportedly conclude in mid-to-late February.
Posted by: Katharine Heriges on Jan 8, 2019

Richard Wirtz, University of Tennessee professor emeritus and former College of Law dean, died Jan. 3 in Knoxville. Prior to teaching the law, Wirtz worked with the Peace Corps, clerked for Judge Robert A. Ainsworth Jr. of the U.S. Court of Appeals for the Fifth Circuit, and practiced law in Seattle. He joined the College of Law in 1974 and served as dean from 1991 to 1998, during which time he helped establish both the Center for Advocacy and the Clayton Center for Entrepreneurial Law, and oversaw the renovation of the College of Law. Following his term as dean, Wirtz was a Fulbright Scholar. He retired in 2004. A celebration of Wirtz’s life will be held with friends and family on Feb. 16. In lieu of flowers, donations may be made to Compassion & Choices, the Tennessee Justice Center or Alzheimer’s Tennessee.

Posted by: Katharine Heriges on Jan 8, 2019

Thirty-three Tennessee attorneys and 33 out-of-state attorneys have been suspended for failure to pay the 2018 annual registration fee and/or noncompliance with mandatory IOLTA reporting requirements. See a list of all administrative suspensions here.

Posted by: Katharine Heriges on Jan 8, 2019

The Tennessee Supreme Court has issued a number of orders suspending Tennessee-licensed attorneys who have not paid their 2018 annual registration fee to the Board of Professional Responsibility and/or have not filed a mandatory compliance statement that eligible client funds are held in accounts participating in the Interest on Lawyers’ Trust Accounts (IOLTA) program. The court also has issued orders for those attorneys who filed their IOLTA report but did not pay their fee, and those attorneys who paid their fee but did not file the IOLTA report.

Posted by: Katharine Heriges on Jan 8, 2019

The Tennessee Supreme Court has issued four orders adopting rules amendment that will go into effect on July 1, subject to the green light from the Tennessee General Assembly. The orders include amendments to the Tennessee Rules of Criminal Procedure, the Tennessee Rules of Evidence, the Tennessee Rules of Juvenile Practice and Procedure and the Tennessee Rules of Civil Procedure. The court previously requested comments on the proposed changes, with the comment period ending yesterday.

Posted by: Katharine Heriges on Jan 8, 2019

Video teleconferencing arraignments at the Greene County Detention Center could begin in late February or March, The Citizen Tribune reports. A $15,000 Court Security grant was recently approved by the state Administrative Office of the Courts and the Tennessee Supreme Court. Circuit Court Clerk Chris Shepard and a team plan to travel next week to the Jefferson County Detention Center in Dandridge to see how the video arraignment system works there. 

Posted by: Katharine Heriges on Jan 8, 2019
Defense attorneys for a man facing the death penalty in the state's massive gang racketeering case say the Hamilton County District Attorney's Office needs to be disqualified from the prosecution, The Times Free Press reports. Citing an "appearance of impropriety," attorneys Steven Moore and Fisher Wise argued that District Attorney General Neal Pinkston's office needs to be taken off the case because a former defense attorney who previously represented two of the defendants became a prosecutor for Pinkston last fall. Criminal Court Judge Tom Greenholtz said he will consider the issue further and release an order at a later date.

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