TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 23, 2021

Tennessee Gov. Bill Lee recently announced that the Federal Emergency Management Agency will grant his request for a major disaster declaration to help 13 counties impacted during severe winter storms in February, WSMV reports. The counties are Bedford, Cannon, Coffee, DeKalb, Fentress, Jackson, Moore, Overton, Pickett, Putnam, Scott, Shelby and Smith. The declaration means they will be able to seek reimbursement for emergency work and the repair or replacement of damaged facilities and infrastructure. The storm in mid-February brought rain, heavy snow, ice and very cold temperatures, resulted in power losses for more than 20,000 Tennesseans, and caused six fatalities.

Posted by: Stacey Shrader Joslin on Apr 23, 2021
News Type: TBA CLE

The TBA will present Biden Your Time Until the Next Tax Bill next Wednesday from noon to 1 p.m. CDT. The CLE will cover potential changes to the Tax Code that have been discussed by the Biden administration, both during and prior to the 2020 presidential campaign. The presentation will consider the ramifications such changes could have for taxpayers and their planning for income, gift and estate taxes. The program is one installment of the Tax Law CLE Series 2021, a collection of one-hour webinars that will look at current issues impacting taxpayers.

Posted by: Kate Prince on Apr 22, 2021
News Type: Legal News

The Tennessee Justice Center (TJC) today filed a complaint challenging the Department of Health and Human Services’ approval of the TennCare III project through the end of 2030. TJC says the approval caps the amount of federal funding available for Medicaid services and allows the state to restrict coverage of prescription drugs. It also permits the State to continue some features of TennCare, including the elimination of three-months’ retroactive coverage and the requirement that beneficiaries enroll in managed care plans. TJC, alongside the National Health Law Program and King & Spalding LLP, filed on behalf of 13 Medicaid beneficiaries. Read more from TJC.

Posted by: Kate Prince on Apr 22, 2021
News Type: Congressional News

The U.S. Senate on Tuesday confirmed Lisa Monaco as deputy attorney general, the No. 2 position at the Justice Department, Reuters reports. Monaco, who was approved by a 98-2 vote, will oversee a vast portfolio encompassing criminal and national security investigations, as well as all U.S. Attorney's Offices across 94 districts. The deputy attorney general position is also instrumental in developing criminal justice policies, from sentencing to clemency. Prior to her confirmation, Monaco worked at the law firm of O’Melveny & Myers. Before that, she served a variety of roles in the Justice Department and White House.

Posted by: Kate Prince on Apr 22, 2021
News Type: Legal News

The COVID-19 pandemic is likely to blame for a 2.6% dip in full-time legal employment for law students who graduated in 2020, Westlaw Today reports. That data was released on Tuesday by the American Bar Association’s Section of Legal Education and Admissions to the Bar. According to the ABA Journal, there was a small increase in hiring at large law firms, and also growth in law school-funded jobs, solo practitioner work and public interest positions. Government jobs, however, decreased by 9.9% and business and industry work fell by 8%.   

Posted by: Kate Prince on Apr 22, 2021
News Type: Legal News

Store owners who were falsely arrested during “Operation Candy Crush” in Rutherford County have reached a $1.3 million settlement with local officials, the Daily News Journal reports. A class-action lawsuit against Rutherford County Sheriff Mike Fitzhugh, Smyrna Police Chief Kevin Arnold, District Attorney General Jennings Jones and Assistant District Attorney John Zimmerman was brought after plaintiffs were arrested in 2018 on charges of selling candy made with CBD, a product not proven to be an illegal derivative of marijuana. All charges were later dropped. The Tennessee Attorney General's Office provided staff legal counsel for Jones and hired Nashville law firm Neal & Harwell to represent Zimmerman. Plaintiffs were represented by attorney Chris Smith of Nashville civil rights firm David Randolph Smith & Associates, which also recently settled a police misconduct lawsuit against the City of Chattanooga.

Posted by: Kate Prince on Apr 22, 2021

Longtime state Senator Thelma Harper has died, the Nashville Post reports. Harper was the longest-serving woman in state Senate history, as well as the first African American female state senator. She served the state’s 19th District for three decades. "Whether she was fighting landfills for her neighbors, serving a community organization or leading a hearing in the legislature, Thelma Harper was a strong voice for her community, for justice and our most vulnerable children," the Senate Democratic Caucus said in a statement. "While this is a sad day for Tennessee, our state is a better place for her legacy of leadership. Thelma Harper loved the Tennessee Senate and the Tennessee Senate loved her right back." Harper decided not to run for re-election in 2018 and was replaced by then-Rep. Brenda Gilmore.

Posted by: Kate Prince on Apr 22, 2021
News Type: TBA CLE

The TBA’s Business Law Section will host a two-day forum May 20 - 21 from 9 a.m. until 12:15 p.m. both days. Join this virtual program for an examination of the critical aspects of valuation rules and guidelines in the context of M&A deals. Forum faculty includes certified valuation experts, business law professors, M&A attorneys, investment bankers and venture capital firms focusing on early-stage investments. Register now for the forum worth one dual and five general CLE credits.

Posted by: Kate Prince on Apr 22, 2021

TBA Member Carla Lovell has been added to the management committee of Nashville law firm Sherrard Roe Voigt & Harbison, the Nashville Post reports. Lovell has been with the firm since 1995 and was elevated to member in 2005. Her practice includes tax and estate planning, charitable planning and business succession. Firm member and former TBA President Bill Harbison calls Lovell a “critical member” of Sherrard Roe and says they “look forward to her leadership in this role.” Lovell is also a member of the TBA’s Estate Planning & Probate Section and the Tax Law Section.

Posted by: Kate Prince on Apr 22, 2021
News Type: Legal News

Six attorneys have applied to fill a circuit court vacancy in the 19th Judicial District. That district includes Montgomery and Robertson counties. The applicants include: Carl Daniel Brollier Jr.; Nathaniel Ray Flinchbaugh; Adrienne Gilliam Fry; Gregory D. Smith; M. Joel Wallace; Joseph P. Weyant. The Trial Court Vacancy Commission will hold a public hearing June 2 at 9 a.m. CDT at the Montgomery County Historic Courthouse, located at One Millennium Plaza, Clarksville, TN 37040. The Commission will vote after the hearing and forward three names to Gov. Bill Lee for consideration. The Administrative Office of the Courts has more on each applicant.


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