TBA Law Blog


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Posted by: Julia Wilburn on Feb 16, 2024
News Type: Legal News

A group of women suing Johnson City and multiple police officers is now accusing city officials of victim-shaming, pushing back against public statements suggesting they deserve blame for being victims of an alleged serial rapist, the Tennessee Lookout reports. Johnson City Manager Cathy Ball has said the victims could be, to some degree, “at fault” for their assaults because they “consumed and partook of illegal drugs.” The lawsuit alleges mishandling of the investigation into local businessman, Sean Williams, and claims officers with the Johnson City Police Department took hundreds of thousands of dollars in cash from Williams while refusing to take meaningful steps to "stop his sexually predatory behavior," News Channel 9 reported in December. “Survivors deserve to be treated with respect,” one Jane Doe said. Ball said in a statement that “protecting victims and the community is the top priority of the Johnson City Police Department."

Posted by: Julia Wilburn on Feb 16, 2024
News Type: TBA CLE

Make plans now to attend a May 2 webcast to hear from a representative of the Tennessee Department of Revenue, who will provide an introduction to the state franchise and excise tax. The event will begin at noon CDT and provide one general CLE credit. More information coming soon!

Posted by: Julia Wilburn on Feb 16, 2024

Legal technology and TBA member advantage company Clio has announced it will heighten its focus and investment on technology for mid-sized law firms of more than 20 employees, according to the legal blog LawSites. Clio states that more than 1,000 mid-sized law firms already subscribe to its services, so it will more heavily invest in products tailored to that market. In conjunction with the announcement, Clio released its 2024 Legal Trends for Mid-Sized Firms report, which finds a significant discrepancy in the adoption of cloud-based legal practice management software between mid-sized and smaller law firms, signaling a potential gap in artificial intelligence readiness and technological integration across the mid-sized segment.

Posted by: Julia Wilburn on Feb 16, 2024

Franklin Republicans Rep. Jake McCalmon and Sen. Jack Johnson have introduced HB1906/SB1801, which would extend the statute of limitations for minor victims of child sexual abuse by 15 years. Fox 17 Nashville reports that the bill would give minor victims of trafficking for a commercial sex act up to 30 years after they turn 18 to sue for injuries or illnesses that occurred during the abuse. Currently, victims are able to file civil actions against alleged perpetrators for up to 15 years after their 18th birthday.

Posted by: Julia Wilburn on Feb 16, 2024

Several bills have been moving through the legislative process this week. A House panel has advanced a bill that would make it illegal for an adult to help a minor get an abortion without parental consent. The TN Ledger reports that, if enacted, the measure would make it illegal for an adult who "recruits, harbors or transports" a pregnant minor within the state to get an abortion without consent from the minor's parents or guardians. In other news, the proposed ELVIS Act unanimously passed the House Banking and Consumer Affairs Subcommittee following testimony from singer and actress Chrissy Metz, songwriter board member Jamie Moore and Recording Industry Association of America Senior Vice President of Public Policy Jessie Richard. The bill would protect the individual voice, image and likeness against irresponsible uses of AI technology, according to the Tennessean. A bill to require students to have firearm safety training at school has passed the House Education Instruction Subcommittee, WPLN reports. And legislation that would give officiants the power to refuse to marry anyone with whose habits or lifestyle they disagree is headed to the governor for his signature, reports Fox Chattanooga. Opponents say the bill is unnecessary and that the law already allows pastors to refuse to perform marriages. Finally, two bills have been delayed, according to news reports. "Jillian's Law," which would close a loophole for those currently deemed incompetent to stand trial, has been paused until legislators "ensure it does not become law without the funding to pay for it," according to WJHL. Also delayed was proposed legislation that would ban the practice of running for two offices at the same, The Tennessee Journal reports.

Posted by: Julia Wilburn on Feb 16, 2024

TBA’s Legislative Updates podcast is new with TBA lobbyist Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley. This week they discuss several bills that are moving through the legislative process, including HB2320/SB2375 on debtor/creditor relations; the rolling professional privilege tax bill, HB2586/SB1841; HB1804/SB1690 on child custody and support; HB2710/SB2254, TBA's conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, TBA's adoption clean-up bill. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Julia Wilburn on Feb 16, 2024
News Type: Upcoming

Belmont College of Law's Law Journal will present its inaugural symposium, "Drawing Back The Curtain: Discussions of Negotiations, Mediations and Alternative Dispute Resolution in the Entertainment and Sports Industries" on March 1 from 9 a.m. to 1 p.m. CST. The event will feature three panels of attorneys, industry professionals and professors from sports, music publishing and music recording industries. The group will discuss the increasing importance of out-of-court conversations that can profoundly influence the rights of artists and athletes regarding contractual rights, intellectual property rights, privacy rights and profitability. Attorneys can register here. See the attached flyer for more information.

Posted by: Julia Wilburn on Feb 16, 2024

It's Leap Year, so why not spend your extra day giving back to the community by volunteering with West Tennessee Legal Services (WTLS)? The group will hold a virtual Simple Wills and Power of Attorney Clinic during the day on Feb. 29 CST. All volunteers will participate virtually using the WTLS document automation software and calling clients to complete their needed documents. WTLS will handle meeting with clients to sign the documents. Sign up here.

Posted by: Julia Wilburn on Feb 8, 2024
News Type: Legal News

The Smith County Board of Education and Board of Commissioners recently reached a settlement in a lawsuit that was filed last November. The suit alleged that the county violated the Open Meetings Act by not giving proper public notice of meetings and that certain commission members met and/or deliberated privately regarding county finances, reports the Smith County Insider. In a joint statement, the two parties said, "Throughout the process, it has been the Board of Education’s goal to be in a position to continue to provide outstanding educational opportunities to Smith County students. Likewise, the county commissioners sought to find a solution that allows county services to be delivered in a manner that creates the least burden on the taxpayer. The resolution of the issues provides a mechanism for both public bodies to 'have a seat at the table,' for the implementation of policies and procedures, and to move forward."

Posted by: Julia Wilburn on Feb 8, 2024

The Tennessee House of Representatives today passed a bill that requires the “safety of the community” be a magistrate’s first consideration in determining whether a defendant is released on bail. According to the Daily Memphian, the bill, HB1642/SB2562, sponsored by House Majority Leader William Lamberth, R-Portland, and Sen. Brent Taylor, R-Memphis, is one of several related to bail under consideration in the General Assembly this session. Present law requires a magistrate to consider several factors in determining bail in order to ensure the defendant’s appearance in court. Those factors include the amount of time they’ve lived in the community, their employment status and financial condition, the severity of the alleged offense and the probability of conviction. “All the other factors will still be considered by the judge or the magistrate, but it makes public safety the first factor,” Lamberth said Thursday. The bill passed by a vote of 80-13, with three abstaining. “The safety of the community is already the priority of the criminal justice system,” said Rep. John Ray Clemmons, D-Nashville. State Rep. Justin J. Pearson, D-Memphis, said that “instead of attacking bail, we need to address the root causes of the problems, such as poverty, the lack of opportunity, gun violence."


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