TBA Law Blog


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Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

Barnes & Thornburg’s Nashville office has relocated to a new building and larger office space of the Broadwest office tower at 1600 West End Ave., Ste. 800, Nashville, TN 37203. Jay Knight, partner-in-charge of the Nashville office, talked about the move in a release saying, “Moving to the Broadwest office tower is a strategic move that will empower our attorneys and business professionals to better serve our clients, foster innovation and deepen relationships in the local community.” The Nashville Business Journal notes that the firm entered the Nashville market last year with the opening of an interim office in The Moore Building at 827 19th Ave. S. The new Broadwest office is more than double the size of its previous space.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

Thirteen federal judges on Monday sent a letter to Columbia University's president stating they will not hire law clerks from the university in response to what they called the school’s "failure to deal with pro-Palestinian protests over the war in Gaza." Law.com reports that the letter says, “As judges who hire law clerks every year to serve in the federal judiciary, we have lost confidence in Columbia as an institution of higher education. Columbia has instead become an incubator of bigotry. As a result, Columbia has disqualified itself from educating the future leaders of our country.” According to reporting from Reuters, the head of Columbia's law school responded with a statement asserting that its graduates are "consistently sought out by leading employers in the private and public sectors, including the judiciary." A law school spokesperson did not comment on whether any of the 13 judges had ever hired Columbia Law graduates as clerks.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

The Administrative Office of the Courts (AOC) has released new episodes of its Court Talk podcast. In "The Mechanics of Appellate Opinions," host Joe Byrd welcomes Stacy Lynch, director of the Court Improvement Program to discuss how attorneys can navigate the juvenile court system effectively, including discussion of Rule 13, Rule 40, and necessary information regarding guardian ad litems, CASA volunteers, Safe Baby Court, court findings of potential dependency and neglect, and more. In "Appointed Counsel," hosted by Judge Jeffrey Usman, judges of the Tennessee Court of Appeals and Court of Criminal Appeals pull back the curtain on appellate courts. Judges Jill Ayers, Frank Clement, Tom Greenholtz and Steve Stafford explore a wide variety of topics ranging from arguing cases before appellate courts to the issuance of opinions.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

The Tennessee Bureau of Investigation (TBI) on Thursday stated that their rate for processing rape kits fell by 64% from the end of 2022 to March of this year. Action News 5 reports that the state’s turnaround times for sexual assault kits drew heavy scrutiny after the murder of Eliza Fletcher in September 2022. TBI had attributed its long delays to staffing woes and low pay.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

Nashville’s Metro Council has passed legislation requiring the Metro Nashville Police Department (MNPD) to submit quarterly use of force reports. MNPD already presents the council with reports pertaining to crime and traffic stops. Councilmember Delishia Porterfield sponsored the legislation, working on it with MNPD. The data now will include demographic information for subjects (age, gender, ethnicity); specific age of minor subjects; number of instances a firearm was displayed or discharged by an officer, in addition to other use of force; number of incidents where subjects suffered injuries in relation to the use of force and whether these incidents were in compliance with police policy; and if a Taser was used, the total taser discharges and the average number of taser cartridges used per incident. WPLN has the story.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

The gun safety group Everytown has released a report finding that 112,000 guns were reported stolen in the U.S. in 2022, with just over half taken from cars, a number that has tripled in the last decade. The Commercial Appeal reports that the study, which analyzed FBI crime data from 337 cities across 44 states, notes that Memphis had the highest number of cases in 2022 with 2,210 gun theft from car incidents, up from 329 in 2013. Atlanta and St. Louis were in the number two and three spots. The study notes that cities in states with high gun ownership and lax gun safety laws see nearly 18 times the rate of gun thefts from cars compared to states with stronger laws.

Posted by: Laura Labenberg on May 10, 2024
News Type: Legal News

The TBA YLD held its inaugural Trial College event at Belmont University College of Law in Nashville today. The program covered a range of litigation topics including getting prepared for trial, putting together a trial notebook, prepping witnesses, conducting voir dire, and planning and presenting opening statements. It concluded with a panel of experienced judges designed to provide insights from the judicial perspective. TBA YLD President Quinton Thompson and TBA YLD Past President Billy Leslie served as host and moderator. See photos from event.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

U.S. District Court Judge Aleta Trauger last week ruled that Tennessee teachers can move forward with their lawsuit challenging a three-year-old state law restricting what they can teach about race, gender and bias. The lawsuit claims that the language of the law is unconstitutionally vague and that the state’s enforcement plan is subjective. The statute restricts teachers from discussing 14 concepts that the legislature deemed "cynical" or "divisive." Chalkbeat reports that Trauger also cited shortcomings of related rules, developed by the state education department, to outline the processes for filing and investigating complaints, appealing decisions and levying punishment that could strip teachers of their licenses and school districts of state funding.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: Legal News

Longtime Nashville intellectual property lawyer Jack Waddey has launched a new firm with Chanelle Acheson. Waddey Acheson will focus on intellectual property, corporate investigations, government investigations, artificial intelligence and litigation. The firm is touting its reliance on technological advances to provide better results at a lower cost. Waddey has more than 50 years of experience. According to a press release, he has secured hundreds of patents and trademarks and served as a mediator since 1998. Acheson has experience in a broad range of complex litigation matters and using technology in case and client management. The firm is located at 1030 16th Ave. S., Floor 2, Ste. 165, Nashville, TN 37212. It can be reached at info@waddeyacheson.com or 615-839-1100.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion yesterday that provides guidance for when a lawyer can seek advice on a listserv. Formal Opinion 511 relies on Rule 1.6 of the ABA Model Rules of Professional Conduct to conclude that seeking advice on a listserv is unethical “if there is a reasonable likelihood that the lawyer’s questions or comments will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer’s client or the situation involved.” In a press release issued with the rule, the ABA says that in most cases, the model rules forbid posting questions or comments relating to a representation unless the lawyer has secured the client’s informed consent. Memphis attorney Brian Faughnan is one of 10 members of the committee that issued the opinion. The TBA is studying this new opinion and will be providing additional information for members.


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