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Posted by: Katharine Heriges on Jul 26, 2019
This year's Tax Law Forum on Sept. 20 will have several substantive sessions focusing on trust taxation, qualified opportunity zones, sales tax, international tax and QBI.  End your day with a unique attorney well-being session co-presented by Venerable Panamwela Wajirabuddhi Thero, the Chief Abbot and Tax Law Section Chair-elect Terry Olsen.
Posted by: Katharine Heriges on Jul 25, 2019
Don't have time during the week to get your ethics hours? Stop by the Bar Center in Nashville on Aug. 10 for three hours of ethics hours and hot coffee! Speakers will address timely, relevant topics designed to benefit and protect your practice.  
Posted by: Katharine Heriges on Jul 25, 2019

After it was presided over by founder Judge Seth Norman for more than 20 years, the Davidson County Drug Court Residential Treatment Program was led by Judge Jennifer Smith for the first time earlier this month. Judge Smith was appointed by former Gov. Bill Haslam last year to fill Norman’s seat following his retirement. She oversaw her first drug court docket on July 2, after spending months getting to know the operations and staff that keep the program running.

Posted by: Katharine Heriges on Jul 25, 2019
The U.S. House today overwhelmingly approved a bill meant to stop the intentional mistreatment of Tennessee Walking Horses, USA Today reports. The Prevent All Soring Tactics (PAST) Act won approval on a 333 to 96 vote. The legislation amends the 1970 Horse Protection Act, which banned sored horses from competing in shows, exhibitions or sales. However, the older law was widely ignored, and the new version, sponsored by U.S. Rep. Steve Cohen, D-Memphis, would tighten restrictions and increase penalties. U.S. Rep. Scott DesJarlais, whose district is home to many Tennessee Walking Horse breeders and trainers, spoke in opposition of the bill during a House debate Wednesday night. The South Pittsburg Republican said horse inspectors were "abusing the process" and that owners were being disqualified from performing in shows. "The only problem with the Tennessee Walking Horses today is that the current inspection methods are subjective," Desjarlais said.
Posted by: Katharine Heriges on Jul 25, 2019
District Attorney Craig Northcott, facing criticism for expressing doubt about whether Muslims and LGBT individuals are entitled to legal protections, says his critics are trying to infringe upon his religious rights, NewsChannel5 reports. His argument came during a court hearing in which the attorney for student activist Justin Jones unsuccessfully tried to get the Coffee County DA disqualified as a special prosecutor. Davidson County General Sessions Judge Dianne Turner said she believed that she did not have the authority to remove a prosecutor unless there were questions about the validity of the person's law license.
Posted by: Katharine Heriges on Jul 25, 2019
U.S. Attorney General Bill Barr recently announced that the federal government will resume capital punishment for the first time in nearly two decades, ABC News reports. The Department of Justice said in the announcement that Barr asked Acting Director of the Federal Bureau of Prisons to schedule executions of five inmates. All executions will take place at U.S. Penitentiary Terre Haute, Indiana, between December 2019 and January 2020. Seventy-eight federal defendants have been sentenced to death between 1988 and 2018. Only three have been executed and 12 were removed from death row.
Posted by: Katharine Heriges on Jul 25, 2019
Williamson County lawyer Tiffany Marcilynne Johns on Wednesday received a public censure from the Board of Professional Responsibility. Johns was hired to defend a client on a petition for contempt. The petition alleged that Johns’ client had sent text messages to a neighbor in violation of an order of protection. Prior to any evidentiary hearing on the matter, Johns recommended that her client settle the matter by paying the neighbor’s alleged lost wages and attorney fees, without any proof of the wages provided, in a total amount “up to $5,000.” Johns and opposing counsel believed an agreement had been reached on these terms, but over the next two weeks, Johns’ client sent her two text messages and an email indicating she did not believe the matter had been settled. Opposing counsel then provided a draft order for Johns’ approval which stated that her client would pay the neighbor $5,500. Johns told opposing counsel to sign her name to the order without providing a copy of it to her client for review.  
Posted by: Katharine Heriges on Jul 25, 2019
Loudon County lawyer Arthur Wayne Henry was disbarred from the practice of law on Wednesday. In the handling of an estate, when an heir of the decedent attempted to purchase the decedent’s real estate, Henry misappropriated the purchase money. When the heir of the decedent attempted to purchase the real estate a second time, Henry misappropriated the purchase money again and forged a deed in an effort to hide his actions. In the representation of a number of other clients, he failed to act diligently, failed to adequately communicate with his clients, failed to place unearned fees in his trust account, made misrepresentations to the clients to make them think their cases were progressing normally, and failed to advise his clients that he had been suspended. When terminated, Henry failed to refund the unearned fees and return his clients’ files.
Posted by: Katharine Heriges on Jul 24, 2019
The Sixth Circuit Court of Appeals today dismissed Tennessee legislators’ lawsuit intended to block refugee resettlement in the state due to lack of standing. In March 2018, a federal judge dismissed the lawsuit on multiple grounds, including the Tennessee General Assembly’s lack of standing to bring the lawsuit and the state’s failure to show that refugee resettlement in Tennessee violates the U.S. Constitution. The Sixth Circuit affirmed the district court’s decision, stating that the Tennessee General Assembly had not alleged an injury that would give it standing.
Posted by: Katharine Heriges on Jul 24, 2019
A federal judge last week decided to leave in place a Trump administration rule that imposes restrictions on individuals seeking asylum in the United States if they passed through a third country on their way to the border between the U.S. and Mexico, Fox News reports. The rule requires people seeking asylum to first apply in one of the countries they pass through on their way to the U.S. It was quickly met with a legal challenge from advocacy groups, who moved for a temporary restraining order blocking the rule. After a hearing in Washington, D.C. U.S. District Judge Timothy J. Kelly denied the motion. The rule will remain in place for the duration of the case, unless the decision is successfully appealed.

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