The Tennessee Board of Professional Responsibility on April 21 voted to withdraw Formal Opinion 2025-F-172, which was issued March 14 and addressed limited scope legal services provided by a private attorney. Formal Opinion 2025-F-171, also issued March 14 and still applicable, addresses the ethical propriety of a non-disparagement clause in a products liability case settlement agreement that makes the lawyers in Firm A parties to the settlement proposed by Firm B. See all past opinions from the board.

Death row prisoner Harold Wayne Nichols on April 18 sued Tennessee Attorney General Jonathan Skrmetti, Tennessee Department of Correction Commissioner Frank Strada, Riverbend Maximum Security Institution Warden Kenneth Nelsen, as well as the unknown members of the execution team — listed as "John Does" in his lawsuit — in an attempt to delay his Dec. 11 execution until litigation over the state's new execution protocol is resolved. The Tennessean reports that the state has agreed to not execute at least two others on death row until their lawsuits conclude. Nichols argues the terms of that agreement must be extended to him or else the state is "unequally applying" its laws. Nichols' suit also makes several arguments against the new protocol itself, echoing many of those made in an earlier filing by other Tennessee death row prisoners. The U.S. Department of Justice in January rescinded its protocol allowing single-drug lethal injections for federal executions.

University of Memphis Cecil C. Humphreys School of Law Assistant Dean for Law Admissions, Recruitment and Scholarships Dr. Sue Ann McClellan has announced her retirement, effective June 30. “Sue Ann’s vast experience and wealth of knowledge far exceeds that of so many peers,” said former law school Dean Katharine Schaffzin. “As a faculty member on the Admissions Committee or as dean, I have always deferred to her assessment in informing admissions decisions and recruitment strategies. Sue Ann’s kindness and humanity shine when she interacts with prospective students." In commenting on her career, McClellan stated, “It has been a privilege and an honor to open the door to the legal profession for every single one of these students." Read this tribute to McClellan from the law school.

The final episode of the season for the TBA’s Legislative Updates podcast features TBA lobbyists and attorneys Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams & Reese. In this legislative session wrap-up, they discuss the passage of the state budget, key accomplishments from the TBA’s lobbying efforts and a preview of priorities for the 2025 session. Listeners can support the TBA’s advocacy work by contributing to LAWPAC. Tune in to the podcast on the TBA website or through this link.

The Trial Court Vacancy Commission is accepting applications for a circuit and chancery court judge in the 32nd Judicial District and to fill a vacancy in the 6th Judicial District Criminal Court. The 32nd Judicial District vacancy was created following the retirement of Judge Michael E. Spitzer. To be considered for the vacancy, interested individuals should apply by noon CDT on May 14. The commission will hold a public hearing to interview candidates on June 10. The vacancy in the 6th Judicial District Criminal Court follows the elevation of Judge Steven Sword to the Court of Criminal Appeals. Applications for this vacancy also must be submitted by May 14 at noon CDT. A public hearing for this position will be held June 17. Applications and additional information for both vacancies can be found on the Administrative Office of the Court's judicial resources page.

A judge ruled Thursday that Alphabet’s Google illegally dominates two markets for online advertising technology. According to Reuters, U.S. District Judge Leonie Brinkema found Google liable for “willfully acquiring and maintaining monopoly power” in the markets for publisher ad servers and ad exchanges, which sit between buyers and sellers. The decision clears the way for a future hearing to determine what steps Google must take to restore competition in those markets, such as selling off parts of its business. A trial date has not yet been set. It is the second court ruling finding that Google holds an illegal monopoly, following a similar judgment in a case over online search. The U.S. Department of Justice has said Google should be required to divest at least its Google Ad Manager, which includes the company’s publisher ad server and ad exchange. Read more in a statement from Tennessee Attorney General Jonathan Skrmetti.

The trial of former Tennessee House Speaker Glen Casada and his chief of staff, Cade Cothren, will begin tomorrow. The government alleges 20 counts of money laundering, bribery, wire fraud and theft related to the operations of a mailer company, Phoenix Solutions. The trial likely will feature a long list of Republican lawmakers and operatives called to testify, including Speaker of the House Cameron Sexton, R-Crossville, House Majority Leader William Lamberth, R-Portland, Rep. Todd Warner, R-Chapel Hill, and more, the Nashville Banner reports.

A man charged with murder at age 17 — and whose charges were later dismissed — is suing the Memphis Police Department for $5 million. Ladarrius Perry alleges he was arrested and prosecuted without probable cause, which led to 2 1/2 years in the Shelby County Jail, according to The Daily Memphian. Perry was charged in 2021 with the 2020 shooting death of a 41-year-old woman in Southwest Memphis. The lawsuit claims police officers, who are named as defendants, used illegal tactics and threats during his interrogation — including telling Perry they would charge his 13-year-old cousin with the murder — which led to his confession. The charges were dismissed Dec. 13, 2023, for lack of probable cause. But the dismissal didn’t come without “cost, scars, and a lifetime of adjustments,” the suit alleges.

The Tennessee Board of Law Examiners has released statistics about the state's February 2025 bar exam. According to the board, 244 individuals — 102 first time test takers and 142 repeaters — took the exam. They represent 60 different law schools and saw an overall pass rate of 44%. First-time test takers saw a pass rate of 58%. For first time test-takers at Tennessee law schools, Belmont University College of Law and Vanderbilt University Law School saw a 100% pass rate, followed by the University of Tennessee College of Law at 88%, Lincoln Memorial University Duncan School of Law at 77%, University of Memphis School of Law at 50%, and Nashville School of Law at 44%. See all statistical information released by the board or see the list of those who passed.

TBA CLE hit the road to Louisville, Kentucky, April 4-5 for an unforgettable weekend of continuing legal education, hosted in collaboration with the Louisville Bar Association and inspired by the city’s famed Urban Bourbon Trail. The event kicked off that Friday afternoon with Louisville attorney and bourbon historian Brian Haara, who delivered an eye-opening presentation on the surprising ways bourbon law helped shape American commercial law. Haara, an attorney at Fultz Maddox Dickens, is the author of "Bourbon Justice."

Davidson County Chancellor Anne Martin followed with an insider’s perspective on Tennessee’s Business Courts, offering valuable insights from the bench. That evening, attendees enjoyed a specially curated four-course dinner featuring local Kentucky flavors at the acclaimed Proof on Main.

Saturday’s sessions began with a dynamic ethics program led by TBA President Ed Lanquist Jr., Court of Appeals Judge Neal McBrayer and Martin. Using scenes from popular films, the trio guided participants through a thoughtful discussion of legal ethics highlighting both the “reel” and real-life challenges attorneys face in practice. The weekend wrapped up with bourbon tastings and tours along the Urban Bourbon Trail, where participants chose from renowned distilleries including Angel’s Envy, Rabbit Hole, Old Forester and Peerless Distilling Co. View photos from the trip. Want to join the next destination CLE? Visit TBA's website to stay in the loop.