TBA Law Blog


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Posted by: Kate Prince on Apr 23, 2020

House Minority Chair Mike Stewart, D-Nashville, is calling for Gov. Bill Lee to waive weekly unemployment certifications for hundreds of thousands of Tennesseans, the Daily Memphian reports. The request is an attempt to take the burden off the state’s claims system, which went offline for four hours earlier this week. The Department of Labor and Workforce Development seems set to reject the request, with Commissioner Jeff McCord calling the certifications “essential” and mandated by the federal government. However, Stewart argues the governor has the power to “sweep away” legal requirements during an emergency. The state has received 324,000 new unemployment claims since March 16, but as of Wednesday had only distributed benefits to 210,000 people.

Posted by: Kate Prince on Apr 23, 2020

Attorney General Herbert H. Slatery has joined a bipartisan coalition of 34 attorneys general in recommending actions to help homeowners who have been affected by the COVID-19 pandemic. The group sent letters today to the Federal Housing Finance Administration (FHFA) and the Department of Housing and Urban Development (HUD) applauding federal efforts to suspend evictions and foreclosures, but urging more action be taken. The letters make three recommendations for FHFA and HUD: revise forbearance programs so missed payments are automatically placed at the end of the loan’s term; expand eligibility for disaster relief loss mitigation programs; and clarify that the moratorium on foreclosures and evictions applies to all aspects of the foreclosure and eviction process. Read more from the AG’s office.

Posted by: Kate Prince on Apr 23, 2020
News Type: COVID-19 News, TBA CLE

COVID-19 Response: 60 Minutes of Legal and Regulatory Hot Topics for Healthcare Providers is a new installment in the TBA’s on-demand webcast series, Navigating the Pandemic. This CLE program features a panel of regulatory, privacy and transactional practitioners who address the torrent of legal and regulatory changes, supplemental payment programs and telehealth and privacy concerns stemming from the ongoing response to the COVID-19 pandemic. The program is good for one general CLE credit and available now on the TBA’s website.  

Posted by: Stacey Shrader Joslin on Apr 22, 2020

Attorney General Herbert H. Slatery III and North Carolina Attorney General Josh Stein are leading a bipartisan group of 27 attorneys general in urging the Federal Communications Commission and the telecommunications industry to extend commitments to protect consumers struggling financially during the pandemic. In a letter to the FCC, the group expresses appreciation for the industry's quick action to waive late fees, open Wi-Fi hotspots, and not terminate service for nonpayment. But they argue the original commitment of 60 days is not long enough as Americans continue to rely on the Internet and telecommunications systems for work and school, and to stay informed and safe.

Posted by: Stacey Shrader Joslin on Apr 22, 2020

Three lawsuits have been filed against Chattanooga Mayor Andy Berke and the city, all alleging the city violated Constitutional rights by temporarily banning drive-in church services to stop the spread of COVID-19. Berke since has removed the ban and said he would allow drive-in services. The suits, filed by Metropolitan Tabernacle Church and two individual residents, allege violations of the right to the free exercise of religion, to assemble and to free speech. Read more from the Times Free Press.

Posted by: Stacey Shrader Joslin on Apr 22, 2020

The Utah Supreme Court yesterday issued an order adopting an emergency diploma privilege for recent law graduates who meet a lengthy list of criteria, making it the first state to allow this year’s graduates to skip the bar exam. To qualify, students must have graduated between May 2019 and June 2020 from a law school that had a first-time bar pass rate of 86% or higher in 2019. They may not have previously sat for the exam and must have registered for the July exam by April 1. Finally, they must complete 360 hours of legal work under the supervision of an experienced attorney licensed in the state. When all requirements are met, graduates will be fully admitted. Law schools and graduating students have been urging courts to provide relief, but the National Conference of Bar Examiners, which develops the test, says abandoning the exam puts the public at risk by opening the profession to unqualified lawyers, Law.com reports.

Posted by: Stacey Shrader Joslin on Apr 22, 2020

The Tennessee Department of Children's Services is taking action after a juvenile in a Memphis treatment facility tested positive for COVID-19, Fox 17 News reports. The department is doing mass testing of all youth and staff at the Memphis Center for Independence one day after news of the positive test. The teen in question has been quarantined at the facility and will not return to the general program until a full recovery is documented. CSI is operated under contract by Youth Opportunity Investments. It houses 48 youth and employees 60 staff.

Posted by: Stacey Shrader Joslin on Apr 22, 2020

Three additional law firms with offices in Tennessee have announced changes in the wake of the COVID-19 pandemic, Law.com reports. Dickinson Wright, with an office in Nashville, says it is implementing a 3% reduction in its workforce, canceling its summer associate program (but providing job offers to all) and deferring the fall class of associates to January 2021. FordHarrison, with offices in Memphis and Nashville, has canceled its summer associate program. Greenberg Traurig, with an office in Nashville, has canceled its summer associate program and may delay its fall associate class, though it is leaving that decision to individual offices. For 2Ls, the firm is extending a job offer and a $10,000 advance against first-year salaries. For 1Ls who have a summer associate offers for 2021, it will provide a $5,000 advance on that salary. Finally, individual offices can bring summer associates on as hourly interns to make up for the missed “real world” experience of a summer program. Finally, Ogletree Deakins, which previously announced cuts in hours and salaries and cancellation of its summer associate program, now says it also will reduce pay for equity partners by 20%, associates by 15% and highly compensated staff by 10% for the rest of the year.

Posted by: Joycelyn Stevenson on Apr 21, 2020

The TBA filed a petition with the Tennessee Supreme Court today requesting a modification to Rule 13 to allow interim billing by appointed counsel providing indigent representation in non-capital cases. “The TBA appreciates the Court’s successful efforts to date and its ongoing pursuit of additional recurring funding for court appointed counsel," TBA President Sarah Sheppeard said of the filing. "The recent suspension of in-person proceedings due to the public health crisis, however, requires additional action for attorneys who now more than ever need to be compensated on an interim basis for work they have already completed on cases.” The TBA asks attorneys and associations who support this effort to reach out to the Court when the comment period opens. 

Posted by: Kate Prince on Apr 21, 2020

Attorney General Herbert Slatery has reached a settlement with Matthew and Noah Colvin of Hixon, who had stockpiled hand sanitizer and antibiotic wipes to sell online. Slatery’s office issued a stop and desist order to the Colvins last month and they surrendered the approximately 17,000 bottles of hand sanitizer to a nonprofit organization. In the settlement, the Colvins are prohibited from selling emergency or medical supplies grossly in excess of the price generally charged during any declared state of abnormal economic disruption related to the COVID-19 pandemic. Read more from the Attorney General’s office.


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