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Tennessee Joins $18.5 Million Settlement with Target Over Data Breach

Posted by: Katharine Heriges on May 24, 2017
Tennessee has joined 46 other states and the District of Columbia in an $18.5 million settlement with Target Corporation, as a result of the company’s 2013 data breach, Attorney General Herbert Slatery’s office announced today. An estimated 770,000 Tennesseans were impacted by the attacks, which gained access to customer payment information including card numbers, debit PINs and more. As part of the settlement, the state of Tennessee will receive $311,616 and Target is required to implement additional security policies and practices. 

Trump Hires Private Counsel for Russia Probe

Posted by: Katharine Heriges on May 24, 2017
President Donald Trump has selected New York litigator Marc Kasowitz to serve has his private attorney while a special counsel investigates his campaign’s potential ties to Russia, Reuters reports. Kasowitz is expected to bring other lawyers onto the team to protect Trump, separate from the White House Counsel’s Office, which is led by Donald McGahn. Kasowitz has represented Trump in the past, including assisting with fraud claims levied against Trump University.

Sessions to Visit Memphis Tomorrow

Posted by: Katharine Heriges on May 24, 2017
U.S. Attorney General Jeff Sessions will pay a visit to Memphis tomorrow to speak with law enforcement, Action News 5 reports. He will talk to federal, state and local law enforcement about efforts to combat violent crime in the city. Sessions has cited Memphis in the past when discussing cities with rising opioid addiction and violent crime rates, alongside Chicago and Baltimore.

May 31 is CLE Compliance Deadline

Posted by: Katharine Heriges on May 24, 2017

May 31 is the deadline for establishing CLE compliance by mailing the Affidavit of Completion (hours earned, fees paid and Affidavit of Compliance filed). Use your prepaid TBA membership credits to take any of the more than 200 online videos the TBA offers to avoid the $200 delinquent compliance fee. See a breakdown of CLE compliance deadlines. 

Columnist Examines Indigent Representation Report

Posted by: Katharine Heriges on May 23, 2017
In a new piece published in The Tennessean, columnist Keel Hunt examines the Indigent Representation Task Force’s report released earlier this year, and highlights the paramount importance of a working justice system, the struggles public defenders face and the necessity of every person having access to a skilled lawyer. Former Tennessee Supreme Court justice and current Dean of Nashville School of Law William C. Koch, the task force’s chair, elaborated: “Fundamental fairness says that everybody stands on the same floor and no one has an advantage over anyone else.” 

TSC: Prevailing Party Entitled to Contractually Agreed-Upon Attorney’s Fees

Posted by: Katharine Heriges on May 23, 2017
The Tennessee Supreme Court has reversed a decision of the Court of Appeals, which declined to award attorney’s fees on appeal in a post-divorce proceeding. In a divorce case, the husband and wife agreed to a provision that would award attorney’s fees to the prevailing party in any subsequent legal proceedings. A trial court awarded the wife, as the prevailing party, the attorney’s fees she requested, but the Court of Appeals declined to award fees for the appeal. In a unanimous opinion, the Supreme Court found that the Court of Appeals must apply standard rules regarding contractual interpretation and enforcement.

Appeals Court Finds FAA Can’t Require Drone Users to Register Devices

Posted by: Katharine Heriges on May 23, 2017
The Federal Aviation Administration (FAA) last week lost its appeal of a lawsuit brought by a lawyer and drone hobbyist who challenged FAA rules requiring drone devices to be registered, Associations Now reports. The court sided with Taylor in accordance with a 2012 law passed by Congress preventing the regulation of “model aircraft.” However, even those who championed the ruling noted that changes should possibly be made to the law. Academy of Model Aeronautics President Rich Hanson applauded the ruling, but said that federal registration makes sense “at an appropriate threshold of weight, capability, and other safety-related characteristics."

Attorney’s Posts Under Fictitious Name Raise Questions on 6th Circuit Nomination

Posted by: Katharine Heriges on May 23, 2017
A nominee for the Cincinnati-based 6th U.S. Circuit Court of Appeals and prominent Kentucky attorney admitted to authoring more than 400 blog posts under a pseudonym, the ABA Journal reports. Many posts authored by John K. Bush cover his personal thoughts on topics that are still under or subject to litigation, such as the Affordable Care Act and the public financing of political campaigns. The Alliance for Justice calls the nature of the posts “inflammatory and, often, offensive.”

SCOTUS Holds Caps on Political Contributions

Posted by: Katharine Heriges on May 23, 2017
The U.S. Supreme Court yesterday affirmed a lower court’s decision upholding limits on direct contributions to political parties, the ABA Journal reports. Justices Clarence Thomas and Neil Gorsuch voted in dissent, indicating that on campaign finance cases, Gorsuch might lean as conservative as Thomas, who believes that all campaign finance limits should be subject to strict scrutiny.  

ABA Issues Clarification to Recent Guidance on Secure Client Info

Posted by: Katharine Heriges on May 23, 2017
The American Bar Association has issued a revision to its recent guidance on securing communication of protected client information. The revision clarifies that the opinion does not alter Formal Ethics Opinion 11-459 and notes that the change in Model Rule 1.6(c) supports that same opinion. The revisions do not substantively alter the opinion.
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