TBA Law Blog


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Posted by: Stacey Shrader Joslin on Dec 27, 2023
News Type: Legal News

U.S. Attorney Henry C. Leventis for the Middle District of Tennessee announced yesterday that his office has reached an agreement with the Metropolitan Government of Nashville and Davidson County to settle allegations that Metro violated the Americans with Disabilities Act (ADA) by failing to provide reasonable modifications that would allow disabled individuals to attend public meetings remotely. As part of the settlement, Metro will revise its ADA policies and pay $500 to the complainant. Read more in a news release from the U.S. attorneys office.

Posted by: Stacey Shrader Joslin on Dec 27, 2023
News Type: Legal News

As 2024 approaches, the Tennessee Attorney General’s Office Division of Consumer Affairs urges Tennesseans to make a renewed effort to protect themselves and the elderly from scams in the new year. The office has provided key tips to help consumers avoid scam loss, including being aware of fake debt collectors, using only verified customer service contacts for questions about accounts, thoroughly scrutinizing online offers, hiring only licensed contractors, and avoiding transactions involving gift cards, cryptocurrency or wire transfer. Consumers also can sign up for fraud alerts and learn more about reporting scams from the Federal Trade Commission.

Posted by: Paul Burch on Dec 26, 2023

Attorney General Jonathan Skrmetti announced Thursday he is leading a bipartisan coalition of 18 attorneys general urging Congress to pass the NCAA Accountability Act of 2023. The legislation would ensure that NCAA provides transparent due process in its investigations and create fairness for student-athletes, coaches and institutions. It would also authorize the Department of Justice to take legal action, including fines or removal, against the NCAA or individuals who violate the law. Read the full press release.

Posted by: Paul Burch on Dec 26, 2023

A three-judge panel on Friday issued a temporary injunction blocking a state law that would have replaced nearly half of the members of the Nashville sports authority with state-appointed members, reports the Tennessean. The unanimous ruling held that the 2023 law infringes on Nashville's "constitutionally protected interest in control over its local affairs." Metro Director of Law Wally Dietz said in a statement the city remains "ready to protect the rights of Metropolitan Nashville … in the hope that 2024 results in an improved relationship between the State and Metro Nashville." The decision marks the fourth time this year that courts have sided with Metro Nashville in its legal fights with the state. 

Posted by: Paul Burch on Dec 26, 2023
News Type: Legal News

The number of whistleblowers receiving awards from the Securities and Exchange Commission (SEC) dropped sharply in fiscal year 2023, reports Bloomberg Law. The agency received more than 18,000 tips in the fiscal year ending Sept. 30, a 50% jump from the previous year, according to the SEC annual report to Congress. Only 68 tipsters received awards, compared to more than 100 in 2021 and 2022. The lure of payouts, such as the $279 million that went to one tipster last year, along with no increase in the program’s budget, may be taxing the SEC’s ability to keep up with the intent of the legislation.

Posted by: Paul Burch on Dec 21, 2023
News Type: Legal News

The special prosecutor investigating Shelby County Clerk Wanda Halbert reported to Shelby County commissioners that “to date, we have not received in writing one formal complaint or grievance in the form of an email, letter or any other type of documented correspondence," according to the Daily Memphian. Hamilton County District Attorney General Coty G. Wamp is serving as special prosecutor to investigate if there are grounds for a move to oust Halbert from her position for mismanagement of the office. Wamp said Halbert’s tenure as clerk has included a backlog of registration renewals and violation of state law governing the release of public records requested in the probe. Halbert has denied wrongdoing and said her office has not received full funding from the county administration.

Posted by: Paul Burch on Dec 21, 2023
News Type: Legal News

Tennessee released letter grades for every public K-12 school in the state on Thursday, with more than a quarter receiving Ds or Fs under a controversial new grading system, reports the Tennessean. Schools that receive a D or F may be asked to appear before the State Board of Education which could order corrective plans or academic and financial audits. Technical issues with testing and disruptions during the coronavirus pandemic delayed the report, first enacted by 2016 legislation. Opponents of the grading system say it is overly simplistic and does not "capture the hard work of Tennessee students and educators." Advocates say letter grades are a simpler, more transparent way for parents to understand school performance. 

Posted by: Paul Burch on Dec 21, 2023
News Type: Legal News

A group of 11 nonfiction authors joined a lawsuit in Manhattan federal court alleging copyright violations by OpenAI and Microsoft when training the models behind ChatGPT and other artificial-intelligence based software, reports Reuters. The writers, including Pulitzer Prize winners Taylor Branch and Kai Bird, co-writer of the J. Robert Oppenheimer biography adapted into the 2023 film, told the court Tuesday the companies used their work to train OpenAI's language models. "The defendants are raking in billions from their unauthorized use of nonfiction books, and the authors of these books deserve fair compensation and treatment for it," the writers' attorney said on Wednesday. The case is one of several brought by copyright owners against OpenAI including authors John Grisham, George R.R. Martin and Jonathan Franzen.

Posted by: Paul Burch on Dec 21, 2023
News Type: Legal News, Upcoming

The TBA will be closed Friday and Monday in observance of the Christmas holiday. We will reopen Tuesday at 8 a.m. CST. Online CLE programming will remain available throughout the holidays.

Posted by: Stacey Shrader Joslin on Dec 20, 2023
News Type: Legal News

A conservative legal advocacy group has sued the State Bar of Wisconsin, claiming its diversity fellowship program for law students violates the free speech rights of bar members whose dues are used to fund it, according to Reuters. The lawsuit, filed by the Wisconsin Institute for Law & Liberty yesterday on behalf of a Wisconsin attorney, is the latest in a series of legal challenges to diversity programs after the U.S. Supreme Court ruled in June that colleges and universities cannot consider race in admissions. The attorney claims he should not have to pay for the program because it is unconstitutional and not germane to the core functions of the bar. The state bar responded saying it will "vigorously defend" the diversity program.


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