The TBA will be closed Wednesday in observance of New Year’s Day and will reopen at 8 a.m. CST on Thursday. Visit the TBA website to access CLE offerings for your year-end needs and contact information for individual staff members. Happy New Year!

John P. Williams, currently of counsel with Tune, Entrekin & White, has recently published his first book, "Montgomery Bell: Tennessee Frontier Capitalist" (2024, Acclaim Press). It is the first-ever biography of Bell, Tennessee’s most successful ironmaster in the first half of the 19th century — a time when iron was the essential ingredient in products for the kitchen, the farm and the military. Williams’ biography of Bell traces his odyssey from his Pennsylvania roots during the American Revolution, through his 12 years as a Kentucky hatter, to his 50-year career in the iron business in Tennessee. Many Tennessee attorneys received their high school education at Montgomery Bell Academy, founded in 1867 with a bequest from Bell. The Bells Bend section of Davidson County is named for Montgomery Bell as a result of his ownership of 6,000 acres in that area for more than 30 years and his construction of a home, grist mill and sawmill in Bells Bend. Montgomery Bell State Park in Dickson County is also named for Bell because several of his iron furnaces were located in that county.

On Dec. 26, the U.S. 5th Circuit Court of Appeals issued an order vacating the government’s motion to stay a district court's preliminary injunction against the Corporate Transparency Act (CTA), stating the action was necessary to "preserve the constitutional status quo while the merits panel considers the parties' weighty substantive arguments." This order follows a series of legal actions regarding the CTA. Earlier this month, a Texas district court issued a nationwide preliminary injunction, halting all reporting requirements under the CTA. The 5th Circuit had initially stayed the injunction, reinstating the mandatory reporting requirements. However, after the Dec. 26 order, the court lifted the stay, again halting the reporting requirements until the appeal is resolved. As a result, the original nationwide preliminary injunction is now in force. The New York Times has more on this decision.

The Federal Trade Commission (FTC) earlier this month announced a final Junk Fees Rule to prohibit bait-and-switch pricing and other tactics used to hide total prices and bury junk fees in the live-event ticketing and short-term lodging industries. According to a press release from the FTC, the final rule does not prohibit any type or amount of fee, nor does it prohibit any specific pricing strategies. It simply requires that businesses that advertise their pricing be transparent about prices and fees with consumers up front. The FTC estimates the rule will save consumers up to 53 million hours per year that would otherwise be spent searching for the total price of live-event tickets and short-term lodging.

Gov. Bill Lee on Dec. 18 led a bipartisan coalition of 33 governors, urging President Joe Biden to act following a decision earlier this month by the People’s Republic of China (PRC) to halt foreign adoptions. According to a press release from the governor's office, the suspension of China’s intercountry adoption program has indefinitely delayed the adoptions of more than 260 children already matched to American families in 44 states, 12 of which are in Tennessee. While the PRC’s decision to cease intercountry adoptions is within its purview, the governors are asking the Chinese government to complete adoptions already in process in accordance with the Hague Convention.

Michael Wortham has been arrested for allegedly sending death threats to retired Davidson County Judge Stan Kweller. According to Fox 17 News, an investigation began in May and led to the arrest of the 31-year-old, who was identified as the owner of the social media account sending the threats. Police believe the threats are related to a custody decision in which Wortham lost his parental rights. Wortham has been booked into the Davidson County Jail on outstanding warrants for aggravated stalking and retaliation for past action.

Memphis law firms Harkavy Shainberg Kaplan PLC and Williams McDaniel PLLC will merge to become Harkavy McDaniel Kaplan and Salomon PC. The Memphis Business Journal reports the new firm will have a total of 14 attorneys. Harkavy McDaniel Kaplan and Salomon will be located at the Triad Centre II, 6060 Poplar Ave., Memphis 38119, where Harkavy Shainberg Kaplan currently operates. Williams McDaniel is moving from its current office at 717 S. White Station Rd. The combined firm will focus on litigation, estate planning, probate, and both commercial and residential real estate. Read more from Here Memphis.

This week's installment of TBA's Indigent Representation Primer is now available. The new post highlights the demand for indigent defense in the criminal justice system and the impact on the broader legal system when representation is not readily available. Millions of Americans cannot afford a private attorney, relying on appointed counsel, whether public defenders or private attorneys, who are designated to take indigent cases. Available research estimates at least 80% of criminal defendants at the state level and 90% of defendants in federal felony cases are eligible for appointed legal counsel. The criminal justice system continues to balance these growing needs with adequate funding, manageable caseloads, and consistent standards for appointed counsel. The strain on appointed counsel systems is not just a problem for criminal defendants, the entire legal system is impacted by delayed trials, overburdened courts and disrupted proceedings. In addition, challenges in indigent representation systems ultimately affect victims, the families of defendants, children caught in the system and the larger community. The TBA Indigent Representation Primer will look at more of these indirect effects in upcoming installments. Read past primer posts.

The Tennessee Department of Correction has created a new lethal injection protocol, clearing the way for the state to schedule executions again, Knox News reports. Gov. Bill Lee called off all executions indefinitely in 2022 and ordered an independent investigation into the state's lethal injection procedures. The investigation found that the state had failed to follow the protocol it implemented in 2018. Under the new protocol, the state will administer a single drug, pentobarbital, replacing the three-drug cocktail previously used, the paper reports. "The death penalty is an extremely serious matter, and that is why I instructed the Tennessee Department of Correction to review the lethal injection protocol to leave no question that procedures are correctly followed," Lee said. Federal Public Defender Kelley Henry responded to the announcement noting the lack of detail and said she is "awaiting the release of the United States Department of Justice’s review of the use of single drug pentobarbital in executions," which Attorney General Merrick Garland ordered in 2021. The revised protocol was made in consultation with the Tennessee Attorney General’s Office. The Tennessee Supreme Court will be responsible for scheduling execution dates.

President Joe Biden secured the 235th judicial confirmation of his presidency last week. According to AP News, Biden and Senate Democrats have focused on adding women, minorities and public defenders to the federal judiciary, with about two-thirds of his appointees being women and a solid majority being people of color. Biden has also prioritized appointing civil rights lawyers, public defenders, and labor rights attorneys to broaden the professional backgrounds of the judiciary. More than 45 of his appointees are public defenders, and more than two dozen have served as civil rights lawyers. “When I ran for President, I promised to build a bench that looks like America and reflects the promise of our nation. And I’m proud I kept my commitment to bolstering confidence in judicial decision-making and outcomes,” Biden said in a statement. The latest confirmation could be Biden’s last, leaving office with one Supreme Court justice, 45 appeals court judges, 187 district court judges and two judges on the U.S. Court of International Trade, NBC News reports.