TBA Law Blog


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Posted by: Barry Kolar on Mar 2, 2021
News Type: Legal News

The Tennessee Bar Association issued a statement Tuesday challenging a Tennessee House resolution that would consider removing Nashville Chancellor Ellen Hobbs Lyle from office. House Resolution 23 (HR 23) would “have a chilling effect on the administration of justice in our state and threatens the bedrock principle of separation of powers, which lies at the core of Tennessee’s system of government,” the statement says in part. Read the full statement from TBA President Michelle Greenway Sellers.

Posted by: Kate Prince on Mar 2, 2021
News Type: COVID-19 News, TBA CLE

Distance communication is here to stay for a while, meaning new issues with both competence and communication. The CLE Performer Stuart Teicher is here to walk you through What to Watch Out For in a Post-COVID World Part 1: The 3 C's: Competence, Communication, and COVID. Don’t miss this webcast replay on March 4 from noon until 1 p.m. CST, worth one dual credit hour of CLE.  

Posted by: Stacey Shrader Joslin on Mar 1, 2021

The TBA today launched a new Practice Management Center for members. The center offers tech support and law office management resources at every stage of practice. TBA has teamed up with Affinity Consulting Group to offer members access to resources, whitepapers, checklists, comparison charts, best practices and ethical considerations. Content includes resources for opening a law firm, building a practice, managing a firm, protecting a firm, and winding down a practice. Members who need additional support have free access to a team of tech gurus. At no cost members can email tech questions or schedule a 30-minute free consultation for business and office management advice, including practice management, time keeping, billing and accounting, document automation and more. TBA members also can get discounts for outsourced bookkeeping, firm tech training, trust account review, new firm launch packages, tech analysis and recommendations. 

Posted by: Stacey Shrader Joslin on Mar 1, 2021
News Type: Upcoming

The Nashville Bar Association and Nashville Bar Foundation will hold their annual golf tournament May 13 at the Hermitage Golf Course in Old Hickory. The fun begins at noon with range balls. The tournament starts at 1 p.m. and runs through 6 p.m. Entry fees include range balls, greens fee, cart, beverages, snacks and dinner. Prizes for teams and individual contests include longest drive, longest putt and closest to pin. Learn more and register here.

Posted by: Stacey Shrader Joslin on Mar 1, 2021

A federal court in Nashville issued a preliminary injunction for Tennessee's so-called "abortion reversal" law on Friday, the Tennessean reports. The law would require providers to tell patients that chemical abortions using the drug mifepristone can be reversed halfway through the procedure. In the injunction, the court said the Constitution does not allow lawmakers to create such a requirement. That decision comes after the court issued a temporary restraining order against the law last year. Medical groups said that "abortion reversal" is not backed up by science and there is little information about the procedure's safety. Supporters of the bill say it gives women more options.

Posted by: Stacey Shrader Joslin on Mar 1, 2021
News Type: Legal News

The Biden administration will allow families separated at the southern border by the Trump administration to reunite and remain in the United States, the White House announced today. Homeland Security Secretary Alejandro Mayorkas said families will be given the choice of being reunited in the states or in their country of origin. If they choose to stay in America, they will be provided a legal pathway to stay. Some groups said the move did not go far enough because it does not lay out specific work authorizations for those who stay. The Hill has the details.

Posted by: Stacey Shrader Joslin on Mar 1, 2021

The U.S. Senate Judiciary Committee voted 15-7 today to advance attorney general nominee Merrick Garland to the Senate floor for a final vote on his confirmation, U.S. News reports. Garland won bipartisan support with senators Chuck Grassley, R-IA, and Lindsey Graham, R-SC, voting to move the nomination forward. On March 9, the committee intends to hold a confirmation hearing for Lisa Monaco and Vanita Gupta, President Joe Biden's choices to serve in the number two and three jobs at the department. Kristen Clarke, nominated by Biden to serve as assistant attorney general for the Civil Rights Division, has not yet been scheduled for a confirmation hearing.

Posted by: Stacey Shrader Joslin on Mar 1, 2021
News Type: Legal News

Legal Aid Society of Middle Tennessee and the Cumberlands announced last week that it is now a partner of “Safe at Home,” the Tennessee Secretary of State’s statewide address confidentiality program. The program helps victims of domestic abuse, stalking, human trafficking, rape, sexual battery or any other sexual offense protect themselves by protecting their address. Under current law, most state and local government records are available for public review but often contain information that makes it easy for abusers to track and find their victims. Safe at Home prevents that by providing approved applicants a substitute address that may be used for legal purposes. LAS says it has certified application assistants and attorneys lined up to help participants enroll in the program. Read more in a release from the organization.

Posted by: Stacey Shrader Joslin on Mar 1, 2021

A federal judge in California on Friday approved a $650 million class action settlement to resolve claims that Facebook was using photo face-tagging and other biometric data without the permission of users. The ruling affects nearly 1.6 million Facebook users in Illinois who claimed the company’s practices violated Illinois privacy laws. U.S. District Judge James Donato called the settlement one of the largest ever for a privacy violation. Each class member is expected to receive at least $345. Facebook has since changed its photo-tagging system, the Associated Press reports.

Posted by: Stacey Shrader Joslin on Mar 1, 2021

The Tennessee Supreme Court today reinstated a jury verdict against Shalonda Weems, a Davidson County woman found guilty of aggravated child neglect. The court concluded that the evidence at trial could have led a reasonable jury to determine that the state successfully proved all of the necessary elements beyond a reasonable doubt. Following the jury verdict, Weems filed a motion for judgment of acquittal. The trial court and the Court of Criminal Appeals found that the evidence was insufficient to prove Weems acted knowingly. The Supreme Court said the lower court erred in applying the standard of review when considering the motion for judgment of acquittal, improperly weighed the evidence, failed to disregard countervailing evidence, and failed to recognize the jury’s ability to draw inferences and make conclusions from the evidence presented.


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