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2nd Circuit Upholds Donor Disclosure Requirements in New Citizens United Case

Posted by: Katharine Heriges on Feb 21, 2018
The 2nd U.S. Circuit Court of Appeals in New York rejected an appeal from the conservative group Citizens United that sought to eliminate requirements for charities to disclosure their donors, Reuters reports. The group claimed that the requirement violated the First Amendment rights of donors. The decision affirmed a previous one from 2016 in a U.S. District court. Citizens United is the same group behind the landmark 2010 U.S. Supreme Court decision that allowed unlimited independent spending by corporations in political campaigns.

Davidson County Lawyer Remains on Disability Inactive Status

Posted by: Katharine Heriges on Feb 21, 2018
On Nov. 17, 2017, the law license of Nashville attorney David Dwayne Harris was transferred to disability inactive status for an indefinite period. The court referred the matter to a hearing panel for a formal hearing to determine Harris’s capacity to continue to practice law and to respond to or defend against disciplinary complaints. On Feb. 21, the court entered an Order finding that Harris should remain on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed.

Sweeping Music Copyright Package Headed to U.S. House Committee Next Month

Posted by: Katharine Heriges on Feb 21, 2018
House Judiciary Committee Chair U.S. Rep. Bob Goodlette, R-Virginia, plans to introduce an umbrella music licensing bill next month, The Tennessean reports. The bill will include the Music Modernization Act, the Classics Act and the AMP Act. The Music Modernization Act would overhaul the digital mechanical licensing process and lead to better payouts for songwriters, according to advocacy groups representing songwriters and publishers. The Classics Act would require digital radio companies to pay artists and labels royalties for songs recorded prior to 1972. The AMP Act would codify the existing practice of paying music producers compensation stemming from digital royalties earned by artists.

Caseload Study Finds Need for More Judges

Posted by: Katharine Heriges on Feb 21, 2018
The Tennessee Comptroller of the Treasury has issued the Tennessee Judicial Weighted Caseload Study for the most recent fiscal year, 2016-2017. The study estimated a net deficit of 9.76 judges across the state in 2017, and a net deficit of 4.22 full-time equivalent judges in 2016. Meanwhile, filings in 2017 increased across the state by 1,093 cases, including a 10.5 percent increase in first degree murder cases and a 14.14 percent increase in felony assault and battery cases. Read more at tncourts.gov.

Newton Firm Launches in Chattanooga

Posted by: Katharine Heriges on Feb 21, 2018
Chris and Mike Newton have opened a new practice in Chattanooga called The Newton Firm, the Hamilton County Herald reports. The firm will focus on personal injury litigation, disability claims, wills and estates and business disputes. Mike Newton comes to the practice from a regional firm where he represented major corporations and businesses. Chris Newton previously worked as an in-house attorney for a large disability insurance company, and also is a certified public accountant.

Campaign Finance Complaints Filed Against Harwell

Posted by: Katharine Heriges on Feb 21, 2018
House Speaker Beth Harwell, R-Nashville, has been hit with two ethics complaints related to her campaign for governor, the Nashville Post reports. The complaints, both filed with the Tennessee Registry of Election Finance by the leader of a local tea party organization, allege illegal coordination between the Harwell campaign and her PAC, as well as the lacking of assets to back up her $3.1 million self-endorsed loan to the campaign.

Powers of Attorney 2.0 Online CLE

Posted by: Katharine Heriges on Feb 21, 2018
In this online video, attorney Barbara Moss will talk about financial powers of attorney. She will also discuss the durable power of attorney act, appointment of conservator, effects of death, disability or incapacity, and gifting. 

Shelby County Environmental Court Judge Retires

Posted by: Katharine Heriges on Feb 20, 2018
Shelby County General Sessions Environment Court Judge Larry Potter announced yesterday that he will retire, the Memphis Daily News reports. His retirement will be effective March 1. Potter started the court 33 years ago, after serving as a City Court judge with a regular docket of blight and code enforcement complaints within Memphis. He was re-elected to the bench six times. The Shelby County Commission must now fill the vacancy, and a special election could be added to the Aug. 2 ballot.

Nashville Councilman Aims to Eliminate Pretrial Jail Fees

Posted by: Katharine Heriges on Feb 20, 2018
Nashville Metro Councilman Freddie O’Connell filed a resolution last week to remove pretrial jail fees for defendants in Davidson County, the Nashville Scene reports. Currently Metro charges defendants who can’t afford bail $44 per day to be housed in jail. When paid, those fees go directly into the city’s general fund, but only a tiny fraction of the millions in assessed fees get collected. The resolution must go through a 30-day review period before it can appear on the council’s agenda. 

Supreme Court Rejects Challenge to California Gun Laws

Posted by: Katharine Heriges on Feb 20, 2018
The U.S. Supreme Court has declined to hear a Second Amendment case that challenged a 10-day waiting period for the purchase of guns in California, NPR reports. Justice Clarence Thomas issued an angry dissent to the decision, accusing his fellow justices of treating the second amendment as a “disfavored” constitutional right. Though such laws are designed to prevent impulsive violence and suicides, gun rights activists argued that it violates the right to bear arms. 
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