Saying the public has a “strong interest” in seeing the actions of federal agents during a 2018 raid on a slaughterhouse in Grainger County, U.S. Magistrate Chris Steger rejected an attempt by the agents to keep a video of the raid from being released. He has ordered it be released by Friday. Tennessee Lookout and Paul McAdoo with the Reporters Committee for Freedom of the Press had filed for the video to be unsealed. According to news source, the video shows the U.S. government engaged in excessive force during the raid, including a segment where one agent placed his boot on the neck of a worker who was facedown with his hands behind his back.

A three-judge panel of the Tennessee Court of Criminal Appeals ruled yesterday that Confederate memorabilia in a Giles County courthouse is not “inherently prejudicial” for jurors who deliberate cases there. The jury room, which was decorated by the United Daughters of Confederacy, features a Confederate flag, portraits of Confederate President Jefferson Davis and Gen. John C. Brown, and other memorabilia. The case was brought by Barry Jamal Martin, who challenged his conviction on drug charges based on the memorabilia. According to Tennessee Lookout, the ruling directly contradicts a prior decision by another panel of the court that did vacate a conviction based on the jury’s exposure to the memorabilia. This panel said in a footnote that it was not bound by the previous decision. Giles County leaders previously voted to move the memorabilia to a museum but had not completed that task before Martin was tried.

A coalition of attorneys general has reached an agreement in principle with opioid maker Endo International that will provide up to $450 million to participating states and local governments, ban promotion of opioids and require the company to turn over millions of documents for a public online archive, Tennessee Attorney General Herbert H. Slatery III announced today. Endo, which filed for bankruptcy earlier this week, was accused by the group of boosting its opioid sales by using deceptive marketing that downplayed the risk of addiction and overstated the benefits. Slatery said that Endo’s tactics in Tennessee, “were especially profitable for them and devasting for us.” The settlement is contingent on final documentation and Bankruptcy Court approval.

Knoxville lawyer Stephen Ross Johnson recently was sworn in for a two-year term as treasurer of the National Association of Criminal Defense Lawyers. Johnson is a criminal defense trial and appellate attorney with Ritchie, Davies, Johnson & Stovall. He is a past chair of the TBA’s Criminal Justice Section and served as the associate general counsel for the association. He is also a past president of the Tennessee Association of Criminal Defense Lawyers, the Hamilton Burnett American Inn of Court and the Tennessee Innocence Project. For many years, he was an adjunct professor and director of the Innocence and Wrongful Convictions Clinic at the University of Tennessee College of Law. Read more in a release from his firm.

The pandemic and other recent stressful events have made empathetic communications even more necessary. Most business consultants — and certainly most workers — agree that empathy is a critical leadership skill that can forge a stronger, more cohesive and more motivated workforce. Joel Schwartzberg writes in the Harvard Business Journal about four elements that are critical for empathetic communications: listening, acknowledging distress, demonstrating care and taking appropriate action to mitigate the situation or provide comfort. Schwartzberg provides examples of how each of these elements can be employed and ends with a list of do’s and don’ts to demonstrate greater empathy.

The TBA’s Tax Law Section will hold its annual forum on Sept. 30 in person in Nashville. The program will run from 10 a.m. to 3 p.m. CDT and include sessions on the SECURE Act; required minimum distributions; state business, excise, sales and use taxes; ethics; and more. Speakers include Shelton Chambers with Chambliss Bahner & Stophel, Hannah Smith with Sherrard Roe Voigt & Harbison and Steven Christopher with the Tennessee Board of Professional Responsibility. Get more details here.

The United States Trustee is seeking candidates for appointment as a standing trustee to administer bankruptcy cases in the U.S. Bankruptcy Court for the Western District of Tennessee. A successful applicant will be required to undergo a background check and must qualify to be bonded. Although standing trustees are not federal employees, appointments are made consistent with federal Equal Opportunity policies, which prohibit discrimination in employment. Learn more about the position and get instructions for applying on the TBA’s JobLink platform. All resumes must be received on or before Sept. 15. 

Meet TBA Director of Public Policy & Government Affairs Berkley Schwarz! Berkley works closely with the Tennessee legislature and government agencies to advocate for the legal profession by educating lawmakers on TBA’s policy positions in order to advance TBA’s legislative priorities and stop or amend legislation that adversely affects lawyers and/or the practice of law. Berkley keeps everyone at the TBA laughing, so it makes sense that the emoji she uses most on her phone is a laughing face. “My kids call the crying laughing emoji the ‘mom’ emoji,” she says.

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff members makes the association run. Check back every Wednesday for a new staff profile in TBA Today and on the TBA's Facebook, Twitter and Instagram accounts.

FedEx is seeking a senior attorney in Memphis to provide legal counsel, advice, review and direction to the corporation, its subsidiaries, various departments and to members of management to ensure effective operation in accordance with federal, state and local laws. Six years of experience and demonstrated competence as a practicing attorney in relevant area of law is required. Instructions on how to apply can be found in the job posting. Find more job postings on the TBA’s JobLink site.

President Joe Biden today signed a landmark climate change and health care bill into law, the Associated Press reports. The legislation includes the most substantial federal investment in history to fight climate change — some $375 billion over the decade — and would cap prescription drug costs at $2,000 out-of-pocket annually for Medicare recipients. It also would help an estimated 13 million Americans pay for health care insurance by extending subsidies provided during the COVID-19 pandemic. The measure is paid for by new taxes on large companies and stepped-up IRS enforcement of wealthy individuals and entities, with additional funds going to reduce the federal deficit.