TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 26, 2021

Legislation designed to limit transgender athlete participation in high school sports cleared two key legislative hurdles this week, and is expected to head toward final votes in the House and Senate the Tennessean reports. The bill, SB228/HB3, passed the Senate Education Committee and the House Education Administration Committee despite criticism from advocacy groups that the legislation discriminates against transgender children. The bills would require transgender athletes in middle and high schools to compete under their gender at birth, rather than the gender they align with. Earlier this week, Rep. Eddie Mannis, R-Knoxville, — Tennessee’s only openly gay lawmaker — warned his colleagues that a ban on transgender athletes could have a tremendous negative impact on transgender kids. WPLN has that story.

Posted by: Stacey Shrader Joslin on Feb 26, 2021
News Type: TBA CLE

The TBA Corporate Counsel Section is planning its Annual Forum for April 21. This year’s four-hour CLE will cover a range of topics including what to expect from the new Biden administration with regard to regulations; labor and employment law updates; using technology to manage a law office; and how COVID-19 is impacting labor and employment, human resources, workplace liability, vaccines and more. Speakers include Adam Dougherty with Ogletree, Deakins, Nash, Smoak & Stewart; Geoffrey Lindley with Rainey, Kizer, Reviere & Bell; and Jason Little with The Carlstar Group. Registration is now open.

Posted by: Kate Prince on Feb 25, 2021
News Type: Congressional News

The American Bar Association is asking leaders of the Senate and House Judiciary Committees to support key legal reforms involving the federal courts, access to legal services, the criminal justice system and immigration. ABA President Patricia Lee Refo sent a second letter to leaders of the Senate and House Appropriations Committee urging them to support more money for the federal courts, Legal Services Corporation and rural broadband. Here is the letter to the Judiciary Committee and the letter to the Appropriations Committee.  

Posted by: Kate Prince on Feb 25, 2021
News Type: Congressional News

A U.S. House subcommittee yesterday heard from three federal judges who spoke about case delays and high workloads as lawmakers considered whether to expand the number of federal judgeships, the ABA Journal reports. Judges and law professors said they feared litigants may think they can’t get their day in court as cases are delayed and oral arguments are curbed due to increased filings that don’t match increases in federal judgeships. The last time Congress increased the number of judgeships was in 2002, and then only a handful were added. Lawmakers from both sides of the aisle showed interest in expanding judgeships, but there were disagreements over timing and whether to split the 9th U.S. Circuit Court of Appeals at San Francisco.

Posted by: Kate Prince on Feb 25, 2021

A new report from practice management company Clio has found that solo practitioners struggled more significantly than larger law firms in adapting to remote work throughout the pandemic, Robert Ambrogi’s LawSites reports. The report also found that solos who harnessed modern legal technologies fared significantly better during 2020 than those who did not — bringing in $50,000 more in revenue on average — and solos who continue to adapt and innovate are most likely to do well both in the immediate future and in years to come. Clio’s Legal Trends for Solo Law Firms, published earlier this week, used data from its annual Legal Trends Report, which is based on analysis of data from tens of thousands of legal professionals and surveys of legal professionals and legal consumers.

Posted by: Barry Kolar on Feb 25, 2021
News Type: Legal News

Speculation is growing on potential candidates to fill the open U.S. attorney posts across Tennessee. All three of the current attorneys have resigned as is common when the control of the White House changes parties. Tennessee Lookout breaks down some of the potential candidates President Joe Biden will be considering in both Middle and East Tennessee.

Posted by: Kate Prince on Feb 25, 2021

Vanderbilt Law School’s director of diversity, equity and community will have a new title after anonymous donors committed to fund an endowed directorship in honor of longtime law professor Robert Belton, the Nashville Post reports. Professor Yesha Yadav has overseen the office since its creation last summer and her new title is associate dean and Robert Belton Director of Diversity, Equity and Community. Belton was the first Black professor to gain tenure at Vanderbilt Law School and was an expert in labor and employment law. He joined the faculty in 1975 after five years as an attorney with the NAACP Legal Defense and Educational Fund and a stint in private practice. Belton retired in 2009 and died in 2012 at the age of 76.

Posted by: Kate Prince on Feb 25, 2021
News Type: Legal News

The TBA Young Lawyers Division concluded its leadership application process for the 2021-2022 bar year with eight new officers and district representatives deemed to be elected. The new officers are: Treasurer, Justin Faith; East Tennessee Governor, Alex McVeagh; Middle Tennessee Governor, Sean Aiello; West Tennessee Governor, Kortney Simmons. The new district representatives are: District 1, Hunter Shelton; District 5, Logan Threadgill; District 7, Kelly Gray; District 9, Rachel Bishop. A number of board vacancies remain, including vice president and secretary. Any member of the YLD interested in filling a vacant position or wishing to nominate someone for the position has until March 5 to email their statement of interest or nomination to Stephanie Vonnahme. A full list of remaining vacancies can be found here

Posted by: Kate Prince on Feb 25, 2021

A proposed constitutional amendment that would allow voters to change the way Tennessee’s Attorney General is selected cleared the Senate Judiciary Committee on Tuesday, the Chattanoogan reports. Senate Joint Resolution 0001 (SJR0001) calls for a transparent nomination process by the Tennessee Supreme Court in selecting the State Attorney General, followed by a confirmation vote of the nominee by a majority of both houses of the Tennessee General Assembly. The TBA has expressed its opposition to the resolution, a decision that is detailed in today’s episode of the TBA Legislative Updates podcast. In addition, TBA Public Policy and Government Affairs Director Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley cover SB0633/HB0385, a proposal that would make it a criminal offense if a bystander witnesses a medical emergency and fails to report it to emergency services immediately. You can watch the full video of Legislative Updates on the TBA’s Facebook page. It is also available as a podcast on the TBA’s website or anywhere you listen to podcasts.

Posted by: Kate Prince on Feb 25, 2021
News Type: COVID-19 News, TBA CLE

Since the COVID-19 pandemic began, Nashville Chancellor Ellen Hobbs Lyle and 20th Judicial District Chancery Court staff attorney Justin Seamon have conducted seven bench trials and over 60 hearings using Zoom Video Conferencing and a YouTube channel with all attorneys, parties, witnesses and court staff participating remotely. Watch as they detail their experience on the CLE webcast Our 9-Month Journey Conducting Zoom Trials During the Pandemic. The pair will discuss the pros, cons and logistics of conducting trials via Zoom, how to prepare witnesses, appropriate safeguards for remote witness testimony, managing trial exhibits, public access to the proceedings, and the ramifications of this technology for the future of litigation. Catch this webcast replay on March 10 from noon until 2 p.m. CST.


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