TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 14, 2022

Make plans now to join colleagues for the 2022 TBA Annual Convention, taking place in person at the downtown Nashville Hilton June 15-18. Don't miss key convention events such as the Better This Year and Legislative Update CLE programs, Bench Bar CLE and Luncheon, and Lawyers Luncheon, where TBA President Sherie Edwards will pass the gavel to incoming president Tasha Blakney. In person law school breakfasts will return for the first time since 2019, as will the Thursday evening Bench/Bar social event, which will include dinner and a live band on the rooftop of Nashville's new 5th & Broad entertainment venue. Register now and be sure to reserve your hotel room by May 24 to take advantage of the TBA group rate.

Posted by: Kate Prince on Apr 14, 2022

The Tennessee Supreme Court today denied a petition from the Nashville Bar Association (NBA) that would have required attorneys to annually complete two hours of CLE programming on diversity, inclusion, equity and elimination of bias. The NBA’s proposed amendment to Rule 21, section 3.01(a) was published by the Supreme Court in September 2020 and public comments were accepted until March 2021. The high court said it received 57 comments from members of the bar, the public and other organizations. In today’s order, the court recognized “the importance of ensuring that our judicial system and the legal profession are free from bias or prejudice and encouraging related continuing legal education,” but ultimately declined the NBA’s petition. Read the order here.  

Posted by: Kate Prince on Apr 14, 2022

A new episode of the TBA Legislative Updates podcast is now streaming with TBA Public Policy & Government Affairs Director Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley. This week, Berkley and Brad discuss the Tennessee Supreme Court’s ruling on the Senate redistricting plan and the TBA’s probate bill (HB2359/SB1799) which just cleared the Senate, as well as providing an update on the professional privilege tax. To see a list of all of TBA’s bills, visit our online bill tracker. Legislative Updates airs every Thursday on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Stacey Shrader Joslin on Apr 13, 2022
News Type: Legal News

Professor Anming Hu, a world-renowned nanotechnology expert, has returned to the classroom at the University of Tennessee two years after being labeled as a spy by the federal government, WPLN reports. After a jury deadlocked on the charges, U.S. District Judge Tom Varlan dismissed the case. Hu is now back to his position with tenure, back pay and $300,000 to rebuild his lab. In a statement, UT Provost John Zomchick said the school is “pleased and grateful” to welcome Hu back to the faculty. Meanwhile, the Department of Justice is ending the China Initiative, but some people charged under it are still going to trial. The news outlet recaps the events leading up to Hu’s arrest and how his case played out.

Posted by: Stacey Shrader Joslin on Apr 13, 2022

The Tennessee Supreme Court today vacated an injunction issued by a three-judge panel that prevented enforcement of a redistricting plan enacted by the General Assembly for state Senate districts. The lower court had issued the injunction after finding the map violated the state constitution. It gave the legislature 15 days to rectify the map and extended the filing deadline for Senate candidates. The state appealed to the Court of Appeals, but the Tennessee Supreme Court, on its own motion, granted appeal, saying the case raised issues of compelling public interest. Today the court said the lower court failed to “adequately consider the harm the injunction will have on the election officials and also failed to adequately consider the public interest in ensuring orderly elections and avoiding voter confusion.” The court vacated the injunction and set a new filing deadline of 4 p.m. tomorrow. Justice Sharon G. Lee dissented from the majority opinion.

Posted by: Stacey Shrader Joslin on Apr 13, 2022
News Type: Upcoming

The Memphis Lawyers’ Chapter of the Federalist Society is hosting an event on April 28 from noon to 1 p.m. CDT on the topic of the “The Electoral Count Act.” Panelists will include Memphis attorney John L. Ryder with Harris Shelton and Nashville attorney Junaid Odubeko with Bradley. U.S. Magistrate Judge Charmiane G. Claxton will moderate the discussion. The event will take place at the Hu Hotel, 79 Madison Ave., Memphis, TN 38103. Register online or contact Greg Grisham at Fisher & Phillips.

Posted by: Stacey Shrader Joslin on Apr 13, 2022
News Type: BPR Actions

The Tennessee Supreme Court today suspended David Dwayne Harris from the practice of law for two years, less the 75 days he has already served on suspension. On May 1, 2020, Harris was suspended from the practice of law for two years, with 60 days to be served on active suspension and the remainder to be served on probation so long as he met certain conditions, including making restitution within a year. After a year passed, the Board of Professional Responsibility reported that Harris failed to pay the restitution and filed a petition to revoke probation. The court adopted the recommendation, revoked the probation, and reinstated the full two-year suspension.

Posted by: Stacey Shrader Joslin on Apr 13, 2022
News Type: Legal News

A new entertainment tax credit, an incentive for everything from television shows and films to video game development and post-production, was recently announced by the Tennessee Department of Revenue and Department of Economic and Community Development. The credit was initiated last July after a bill became law allowing for a payroll tax credit up to 40% with a 10% incentive for economically distressed areas, and a 9.25% to 9.75% sales tax break for goods and services used for production. Categories eligible for the tax credit include scripted and unscripted television shows, feature films, video game development, animation, commercials and audio/visual postproduction, the Nashville Post reports.

Posted by: Stacey Shrader Joslin on Apr 13, 2022
News Type: Legal News

A new nonprofit recently launched in Tennessee to advocate for public policy changes in the adoption system, with the goal of making the Tennessee the most adoption-friendly state in the nation. According to a news release, The Adoption Project plans to research policies that exist across the country and then develop best practices for the child welfare system. The group is led by CEO Jeremy Harrell, a government relations strategist, and COO Jennifer Donnals, a former chief of staff at the Tennessee Department of Children’s Services. Both also are adoptive parents. Two advisory committees also have been recruited to support the group’s work. Former Gov. Bill Haslam will serve as honorary chair of the Founder’s Committee, while former First Lady Crissy Haslam will serve as honorary chair of the Policy Committee. Read more about the group’s launch.

Posted by: Stacey Shrader Joslin on Apr 13, 2022
News Type: Wellness Wednesday

For the first time, attorneys surveyed in Bloomberg Law’s quarterly Attorney Workload and Hours survey reported experiencing burnout in their job more than half the time, and an increased number — nearly half — reported their overall well-being had declined. Those who reported a decline in well-being also reported lower job satisfaction scores. The latest version of the survey asked in-house and law firm attorneys about their job satisfaction, workload, well-being, job status and work culture in the fourth-quarter of 2021. Bloomberg has more analysis. Then watch your mailbox in coming weeks for the May/June 2022 issue of the Tennessee Bar Journal. It offers a deep dive into what legal burnout is and what you can do about it. The issue also will be online on May 2.


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