The July/August issue of the Tennessee Bar Journal is now available online and arriving in mailboxes next week. This issue's cover story by Travis Vest is an in depth look at metadata: what it is and how you can use it in building a case. Feature stories include a trademark fight between the Cincinnati Bearcats and the Cheatham Middle School Bearcats by Andrew Coffman and a primer on Tennessee's construction payment retainage law from Phillip Byron Jones. New TBA President Heidi Barcus shares her vision for the 2025-2026 bar year in her first President's Perspective, Buddy Stockwell explains the significance of the ABA's new Model Rule on conditional admission, Wade Davies breaks down the factors involved in calculating sentencing and Russell Fowler looks back 100 years to the Scopes Trial in Dayton. Read updates from TBA's Annual Convention, a book review, a legislative update and more!

Tennessee Attorney General (AG) Jonathan Skrmetti recently announced the opening of the new Civil Rights Enforcement Division (CRED), which is now accepting discrimination complaints under the Tennessee Human Rights Act and Tennessee Disability Act. This past legislative session, the Tennessee General Assembly approved SB861/HB910 to dissolve the Tennessee Human Rights Commission and create the Civil Rights Enforcement Division within the AG's office to provide civil rights enforcement. The division will serve as a specialized unit combating illegal discrimination in employment, housing, public accommodations and education in Tennessee. Tennesseans who believe they have experienced unlawful discrimination can file complaints with CRED here. Read more in a press release from the office. Any complaints pending with the commission must be filed again with CRED within 90 days according to The Tennessean.

The Davidson County Jail recently failed a state inspection for the first time in several years due to overcrowding. Sheriff Daron Hall told News Channel 5 that the downtown Nashville facility is experiencing overcrowding and has no way to increase capacity. The current jail was built just five years ago and cost $200 million. Hall also says that the jail's Harding Place campus, south of downtown, must be replaced to increase capacity and for safety. He says the city is "spending over a million dollars a year on band aids on those facilities." Total capacity at the two campuses is about 2,300 inmates. Combined they are currently housing 300 inmates over capacity.

The Tennessee Justice Center (TJC) honored Selendy Gay PLLC as its 2025 Pro Bono Firm of Year and Elizabeth Marlowe as Attorney of the Year. The New York City firm was honored for its work on the TennCare redetermination litigation, A.M.C. v. Smith, a class action in federal court. The firm stepped in as pro bono counsel, joining forces with TJC, the National Health Law Program and the National Center for Law and Economic Justice, securing a victory in court. Marlowe left the full-time practice of law a few years ago and began volunteering with the Casework Team at the TJC. “I would urge anyone who is considering expanding their pro bono volunteering to consider putting in some time at TJC, even if it is just a few hours a month,” said Marlowe. “Out of everything I've done in my career, that was always the most satisfying, to run into one of my clients out in the wild with their families and see them thriving.” See photos from the awards reception and read more in a press release from the organization.

The U.S. Senate narrowly passed President Donald Trump’s sweeping “One Big, Beautiful Bill Act” after intense negotiations and a 27-hour amendment marathon, with Vice President J.D. Vance casting the tie-breaking vote. Key to the bill’s passage was securing the support of Sen. Lisa Murkowski, R-Alaska, whose concerns about deep Medicaid and SNAP cuts were addressed through last-minute changes and a $50 billion rural hospital relief fund. The legislation extends Trump-era tax cuts, boosts military and border security funding, phases out renewable energy credits, and raises the debt ceiling by $5 trillion. In a near unanimous vote, senators removed the bill's provision limiting states' ability to enact laws regulating artificial intelligence according to the Associated Press. A group of Tennessee state lawmakers had urged the Senate to remove the provision, which could have impacted the state's ELVIS Act, The Tennesse Journal reports. Despite the Senate win, the bill faces serious hurdles as it goes back to the House, The Hill reports.

The U.S. District Court for the Middle District of Tennessee will appoint a new full-time magistrate judge upon the resignation of Magistrate Judge Alistair Newbern, effective Jan. 2, 2026. Application forms and more information on the position may be obtained from Chief Deputy Clerk Vicki Kinkade, 719 Church St., Ste. 1300, Nashville, TN 37203. The application form is also available as a download from the court’s website. Applications must be submitted by applicants personally and must be received by Aug. 15. More information and the requirements for candidates are laid out in the public notice of appointment.

The Tennessee Judicial Conference Foundation (TJCF) has passed a resolution to honor the late Judge James Curwood Witt Jr. with a legacy scholarship. The foundation will match funds up to $12,500, which will yield a $1,500 annual scholarship to the University of Tennessee Winston College of Law. Knoxville attorneys Ann Short and Eric Butler will serve as chairs of the effort. According to the TJCF, Judge Witt was a valued member of the court and Tennessee legal community. He served as a former presiding judge of the Court of Criminal Appeals, and at 27 years of service, was the longest-serving member in the court’s history. Donations may be made online or by check, payable to the TJCF, with a notation to fund the Judge Curwood Witt Scholarship. Checks should be mailed to Tennessee Judicial Conference Foundation, c/o Suzanne Keith, 629 Woodland St., Nashville, TN 37206. Questions may be directed to Ann Short, 865-637-2142 or Eric Butler, 865-546-4646.

Tennessee Rep. Jay Reedy, R-Erin, filed paperwork with the Federal Election Commission to run for the 7th Congressional District seat, which encompasses parts of Davidson, Montgomery and Williamson counties. The seat currently is held by U.S. Rep. Mark Green, who announced last month that he would take a job in the private sector. The Tennessee Lookout reports that Reedy has said he has been bothered by the federal government’s slow reaction to flood damage in Waverly in August 2021, and that he supports eliminating the U.S. Department of Education. Other Republican candidates for the post are former Tennessee General Services Commissioner Matt Van Epps, Springfield resident Jon Thorpe and Jason Knight of Clarksville. No Democrats have entered the race yet according to the paper.

President Donald Trump has nominated former U.S. Attorney Michael Dunavant to be the chief federal prosecutor for the Western District of Tennessee, a position he held during Trump's first term. The Daily Memphian reports that during his tenure, Dunavant oversaw a shift in the federal office, from a focus on reviewing police conduct and policies to a focus on backing law enforcement. Prior to his first stint as U.S. attorney, Dunavant served as district attorney general for Tennessee's 25th Judicial District, which covers Tipton, Fayette, Hardeman, Lauderdale and McNairy counties. He replaces career prosecutor Joe Murphy, who has been the interim U.S. attorney since Trump fired interim U.S. Attorney Reagan Fondren, who was appointed when U.S. Attorney Kevin Ritz stepped down.

TBA CLE Summer Camp is in session! Beat the heat this summer and take your CLE on demand from the comfort of your home, office or cabin in the woods. TBA CLE will be replaying popular titles throughout the month of July, whether you need one hour of credit or 15. Watch for a weekly update of upcoming courses in this publication and on social media. This week features Friends ... An Ethical Sitcom?; From Bonnie and Clyde to Bernie Madoff — What the Biggest Thieves in History Teach About Attorney Ethics; and Ethics Update: Current Developments from the Board of Professional Responsibility. Interested in something else? View all Summer Camp offerings, which include sessions on law tech, practice management, effective communication, ethics and more!