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State Lawmaker Under Fire for Potential Campaign Donor Issues

Posted by: Katharine Heriges on Jun 5, 2017
State Sen. Brian Kelsey, R-Germantown, is under scrutiny for potentially reimbursing donors from his failed Congressional campaign using cash from his state campaign account, The Tennessean reports. Kelsey allegedly funneled thousands of dollars from his state campaign to lawmakers that donated to his campaign for the Republican nomination for the 8th District U.S. Congressional seat. Kelsey and his colleagues deny any coordination or wrongdoing, but an attorney with the Washington, D.C.-based Campaign Legal Center said that the payment amounts and dates of transactions appear to be a "straw donor scheme" and could warrant a Federal Election Commission investigation.

Wall Street Firms Score Victory in SCOTUS SEC ruling

Posted by: Katharine Heriges on Jun 5, 2017
The U.S. Supreme Court today scaled back the Securities and Exchange Commission’s ability to recover ill-gotten profits from defendants’ misconduct, finding that the SEC’s recovery method known as “disgorgement” is subject to a five-year statute of limitations, Reuters reports. The unanimous ruling sided in favor of investment advisor Charles Kokesh, and signaled a win for Wall Street firms that fought to limit the SEC’s powers. In the opinion, Justice Sonia Sotomayor said that disgorgement counts as a penalty and is subject to the same statute of limitations that already exists for all other penalties. 

TSC: Defendant Has No Appeal From Denial of Motion for Return of Property

Posted by: Katharine Heriges on Jun 2, 2017
The Tennessee Supreme Court has unanimously ruled that a defendant in a criminal case has no right to appeal a decision denying his request for the return of property that was seized during a criminal investigation when the defendant failed to file a pretrial motion to suppress the evidence. Ray Rowland of Memphis had property, including firearms, seized from him and he later pleaded guilty to aggravated assault by use or display of a deadly weapon. Rowland filed a motion for return of the firearms three years later. That motion was denied, but was granted on appeal. The Supreme Court reversed the Court of Criminal Appeals and dismissed the appeal.

Harwell Asks State AG to Join Suit Against Drug Companies

Posted by: Katharine Heriges on Jun 2, 2017
Tennessee House Speaker Beth Harwell, R-Nashville, has asked Attorney General Herbert Slatery to join a lawsuit filed by the Ohio attorney general against drug companies over the opioid crisis, the Nashville Post reports. Ohio Attorney General Mike DeWine sued five drug makers Wednesday, accusing them of intentionally misleading patients about the dangers of painkillers. The companies sued were Purdue Pharma, Endo Health Solutions, Teva Pharmaceutical Industries and its subsidiary Cephalon, Johnson and Johnson and its subsidiary Janssen Pharmaceuticals, and Allergan. Mississippi is currently the only other state that has joined the suit. 

Judge Rejects Pilot Execs Account of Federal Agents as ‘Storm Troopers’

Posted by: Katharine Heriges on Jun 2, 2017
U.S. Magistrate Judge Bruce Guyton has rejected the portrait drawn by former Pilot Flying J executives of federal agents as scary “storm troopers” who bullied them into talking, the Knoxville News Sentinel reports. “The court finds that nothing about the ongoing execution of the search warrant transformed the familiar office location into an environment that a reasonable person would deem to be hostile,” Guyton wrote. Attorney for former Pilot Flying J executives wanted to keep jurors from hearing anything they said to agents during a 2013 Tax Day raid on the company’s headquarters.

Suit Filed Over Pinnacle Acquisition Deal

Posted by: Katharine Heriges on Jun 2, 2017
Tennessee-based Pinnacle Bank has hit a snag in its attempt to acquire North Carolina-based BNC Bancorp – a lawsuit has been filed on behalf of the BNC Bancorp shareholders, the Nashville Business Journal reports. The suit alleges that BNC’s board of directors "failed to disclose certain material information that is necessary for shareholders to properly assess the fairness of the proposed merger, thereby rendering certain statements in the proxy incomplete and misleading."

Green Will Not Enter Governor’s Race

Posted by: Katharine Heriges on Jun 2, 2017
Sen. Mark Green, R-Clarksville, will not re-enter the Tennessee gubernatorial race, The Tennessean reports. The state senator said he will instead focus his efforts on Washington and providing “real help to President Trump.” Green initially said he would seek the office but put his plans on hold when President Donald Trump considered him for the role of Army Secretary. Green later withdrew his name from consideration for the position.

Feds Ask for Dismissal of Tennessee Refugee Suit

Posted by: Katharine Heriges on Jun 2, 2017
The federal government filed a motion to dismiss Tennessee’s lawsuit over refugee resettlement today, The Tennessean reports. In March, Tennessee became the first state to sue the government over refugee resettlement, citing a violation of the 10th amendment. In its motion to dismiss, the federal government argues the state's claims lie outside the jurisdiction of the court and that Tennessee law doesn’t allow the General Assembly to bring the lawsuit on behalf of the state.

Corporate Counsel: Recent Developments in Employment Law

Posted by: Katharine Heriges on Jun 2, 2017
Corporate counsel attorneys, what do you need to know about changes in employment law? Attorney Stacie Caraway appears in a CLE available on the TBA website to give an overview of recent developments. Topics include court, agency and legislative developments.

Justice Department Asks SCOTUS to Reinstate Travel Ban

Posted by: Katharine Heriges on Jun 2, 2017
The Justice Department asked the U.S. Supreme Court today to reinstate President Donald Trump’s temporary ban on travel from six Muslim-majority countries, the ABA Journal reports. The DOJ submitted a cert petition asking the Court to reverse a decision from last week by the 4th Circuit Court of Appeals that said the Trump administration’s second attempt at a travel ban “drips with religious intolerance, animus, and discrimination.” The government argues that the ban should not be invalidated based on “speculation about officials’ subjective motivations drawn from campaign-trail statements by a political candidate.”
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