TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 13, 2020
News Type: BPR Actions

Davidson County lawyer David Scott Parsley was suspended from the practice of law yesterday for one year, with three months to be served on active suspension and the remainder on probation. During the probation, Parsley must meet monthly with a practice monitor, who will assess his case load, case management, trust account, compliance with trust account rules, accounting procedures, and office management procedures. The court found that Parsley engaged in a business transaction with a client and friend without properly informing them of the conflict of interest. These actions violated Rules of Professional Conduct 1.3 and 1.8.

Posted by: Stacey Shrader Joslin on Oct 13, 2020
News Type: BPR Actions

Davidson County lawyer Scott David Johannessen received a censure from the Tennessee Supreme Court yesterday. The court found that Johannessen violated Rules of Professional Conduct 1.7, 8.4(d) and 1.1. As the sole member of a limited liability company that was a member of another company called FYI, Johannessen was appointed as the attorney for FYI for particular issues. He then hired an attorney and filed an involuntary bankruptcy petition against FYI. The next day, he filed a notice of appearance in the bankruptcy proceeding as a pro se creditor, alleging FYI owed him personally. The court found that these action created a significant risk that representation of his client would be materially limited by his interest as sole member of the other company and by his personal interest as a creditor against FYI.

Posted by: Stacey Shrader Joslin on Oct 13, 2020
News Type: TBA CLE

The executive council of the TBA Construction Law Section is currently planning the section's annual forum, scheduled for January 2021. Watch for details on the date and format of the program. This year's programming will provide an in-depth legislative update in addition to a legal technology update related to remote mediations and depositions. Stay tuned for details.

Posted by: Stacey Shrader Joslin on Oct 12, 2020
News Type: Legal News

The Tennessee Bureau of Workers’ Compensation has unveiled a new resource to help pro se litigants navigate the complexities of workers’ compensation claims. The bureau partnered with the Tennessee Alliance for Legal Services, Lincoln Memorial University-Duncan School of Law and legal technology company LawDroid to study barriers to accessing justice. The group identified one major hurdle, that of filling out and returning forms required to proceed with a claim. To address this, the team built an interactive chatbot that allows injured workers to complete forms by typing or speaking into any device. “WC Bot” is free to use and available to the public. It can be accessed at www.HELP4TN.org. Funding for the project was provided by the Tennessee Bar Foundation’s grant program.

Posted by: Stacey Shrader Joslin on Oct 12, 2020
News Type: Legal News

The Nashville Metro Council last week approved a second exemption to a new law limiting the proliferation of investor-owned short-term rentals in residential neighborhoods, the Tennessean reports. The rule bans new non-owner-occupied hotel-style rentals from opening within 100 feet of a park, daycare facility, school or church. It also forces owners to seek waivers from the council before renting new unoccupied properties. It does not affect homeowners renting out rooms in the house where they live. At its November meeting, the council is expected to take up two additional measures: one that would reverse a ban on duplex owners renting a unit unless both sides of the duplex are owned, and one that would ban owner-occupied properties from advertising all bedrooms in the home for rent. That proposal also would require owners not to leave the site for more than 15 consecutive hours in any 24-hour period.

Posted by: Stacey Shrader Joslin on Oct 12, 2020
News Type: Legal News

The American Bar Association, in collaboration with dozens of American law schools, is forming a Legal Education Police Practices Consortium to contribute to the national effort to examine and address legal issues in policing and public safety. The group announced that 52 law schools — including Tennessee law schools Lincoln Memorial University-Duncan School of Law and University of Memphis Cecil C. Humphreys School of Law — have agreed to collaborate on projects to develop and implement better police practices over the next five years.

Posted by: Stacey Shrader Joslin on Oct 12, 2020
News Type: Legal News

Bob Corker, a former Chattanooga mayor and U.S. senator, will join One-to-One Health, a physician-led corporate health management company that partners with employers to provide high-quality health care services to their employees, Chattanoogan.com reports. The company reported last week that Corker will serve as its chairman. Corker retired from the U.S. Senate in 2018.

Posted by: Stacey Shrader Joslin on Oct 12, 2020
News Type: TBA CLE

The TBA Entertainment & Sports Law Section will present the second installment of its webcast series on Wednesday from noon to 1 p.m. CDT. The program, Recent Cases in Copyright and Entertainment Law, will focus on cases decided this year dealing with the Copyright Act and in the field of entertainment. Topics to be covered include statutes of limitations, who owns the law, whether tattoos on basketball players depicted in video games are protected, whether a state can be liable for copyright infringement and whether cartoon characters are protected by copyright. The program is certified for one general CLE credit.

Posted by: Stacey Shrader Joslin on Oct 12, 2020
News Type: Legal News

Tennessee Attorney General Herbert. H. Slatery III today announced an update to a global settlement framework between state attorneys general, local jurisdictions and opioid manufacturer Mallinckrodt. Under the new settlement pending before the bankruptcy court, Mallinckrodt will pay $1.6 billion into a trust that will go toward abating the opioid crisis. Funds will be paid in three installments: $450 million upon emergence from bankruptcy; $200 million annually on the first and second anniversary of emergence from bankruptcy; and $150 million annually on the third through seventh anniversaries of emergence from bankruptcy. The company also has agreed that its opioid business will be subject to stringent injunctive relief that will prevent marketing and ensure systems are in place to prevent drug misuse. Details about how much each state will receive, how the money will be distributed, and how the trust will be administered are all still being negotiated, Slatery said.

Posted by: Stacey Shrader Joslin on Oct 12, 2020
News Type: Upcoming

The YWCA Nashville & Middle Tennessee will host “Stand Against Racism: Domestic Violence in a Time of Crisis” on Oct. 29 from noon to 1 p.m. The event is virtual and free for all those who register. Panelists will address the parallel and intersecting traumas of domestic violence and racism with a focus on the need for domestic violence prevention and intervention strategies to address the effects of racism. View a flyer for the event.


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