Joe Kwon of Joe Kwon Law in Nashville is guest host on the latest episode of the TBA BarBuzz podcast. Kwon helps cover recent legal news, what’s been going on at the bar association over the last month and news events and updates for the month of October. BarBuzz is part of the TBA Podcast Network and is available anywhere you listen to podcasts and on the TBA’s website.  

Memphis attorney and TBA member Brooke Hyman has been promoted to chief of staff for the legislative division of the Memphis City Council. Hyman joined the council four years ago, serving as the senior legal and legislative analyst. Prior to working for the council, she served as assistant public defender at the Shelby County Office of the Public Defender. Hyman is a member of the TBA’s Young Lawyers Division and of the TBA Leadership Law Class of 2020. “This is a wonderful opportunity and I am so grateful,” Hyman said of her promotion in an email to her TBALL classmates. The 2020 TBALL program was cut short due to the COVID-19 pandemic, but Hyman and other class members will continue the program in the spring of 2021.

The news item of George S. Petkoff’s passing in yesterday’s issue of TBA Today contained an incorrect date. In 1976, Petkoff founded The Law Offices of George S. Petkoff. In 2008, he formed Petkoff and Feigelson with David I. Feigelson. He was serving as of counsel with that firm at the time of his death.

Bar examinees across the country faced technical problems both days of the first-ever national online bar exam, though it appears that the vast majority of the more than 30,000 people taking the test were able to access it, Law.com reports. Some test takers reported delays in being able to log in to the exam or having to restart their computers in order begin testing. Software company ExamSoft administered the exam in 18 jurisdictions, including Tennessee, on Monday and Tuesday of this week and said more than 98% of test takers were successful in starting the exam. Some examinees expressed skepticism of those figures since the number did not include those who called the support line and simply hung up after being put on hold for too long. Yesterday, the move for diploma privilege got a boost when the Lawyers’ Committee for Civil Rights and the Consortium for Citizens With Disabilities sent a letter to the Conference of Chief Judges requesting that jurisdictions adopt temporary diploma privilege programs for the duration of the COVID-19 pandemic.

The U.S. Supreme Court yesterday heard the case of Google v. Oracle, which is testing the copyrightability of computer command structures such as Java. The justices seemed all over the map on software copyrightability, but three of them clearly questioned the appellate court's failure to respect a 2016 jury verdict in favor of Google on fair use, the National Law Journal reports. The justices could uphold the jury verdict or send the case back to the U.S. Court of Appeals for the Federal Circuit for reconsideration. The case, dubbed the “World Series of IP” back in 2012 by a federal judge, has long been seen as having the potential to reshape the law of copyright and fair use.

Memphis Judge William Acree ruled last week that two business owners, Greg Grant and M. LaTroy Alexandria-Williams, willfully violated an earlier order barring them from distributing ballots that look like lists of candidates officially endorsed by the local Democratic party, the Memphis Commercial Appeal reports. The business owners were sentenced to 10 days imprisonment for criminal contempt of court, but Acree suspended the sentences so long as the pair do not have any further violations through the Nov. 3 election. Local candidates, including Memphis Mayor Jim Strickland, have pumped thousands of dollars into look-alike Democratic ballots. Business owners can still produce lists of favored candidates without the word "Democratic" on them, Acree said. The Shelby County Democratic Party brought suit against Grant and Alexandria-Williams saying look-alike ballots cause confusion, especially since the local party does not endorse candidates in primary elections.

A documentary that chronicles the legal case against death row inmate Abu-Ali Abdur’Rahman was featured during the Nashville Film Festival last week, Nashville Public Radio reports. The film, "You Don’t Know Me,” sheds light on the mistakes made at Abdur’Rahman's trial, including an acknowledgement from the defense attorney that he did not provide adequate representation. The jury was never told that Abdur’Rahman suffered from mental illness after enduring severe abuse as a child, or that no blood was found on his coat after the alleged stabbing. Multiple jurors have since testified that they regret their decision to impose the death penalty and if given the chance to do it over would vote differently. Nashville’s district attorney overturned Abdur’Rahman’s death sentence last summer, citing misconduct and racial bias during the trial. The state has appealed that decision.

Memphis lawyer George S. Petkoff died Oct. 3 after a short illness. He was 83. Petkoff earned his law degree from the University of Memphis School of Law in 1964. Following graduation, he worked for several years as a claims representative with a major liability insurance carrier and spent 10 years in private practice with an insurance defense firm. In 1976, he founded The Law Offices of George S. Petkoff. In 2008, he formed Petkoff and Feigelson with David I. Feigelson. He was serving as of counsel with that firm at the time of his death. Petkoff’s love of planes and flying led him into the practice of aviation law, representing the Memphis-Shelby County Airport Authority, major airlines, private pilots, aircraft manufacturers, owners and mechanics. He also helped establish the practice of aviation law in Tennessee. Services were held today in Memphis. Memorial donations may be sent to St. Jude Children’s Research Hospital, 501 St. Jude Place, Memphis, TN 38105.

The Tennessee Supreme Court today asked the Board of Professional Responsibility to review the case of Davidson County lawyer David Paul Von Wiegandt, who pled guilty in September to the misdemeanor offense of driving under the influence in Davidson County Circuit Court. The court referred the matter to the BPR for “whatever action the board may deem warranted.”

The Tennessee Supreme Court last week issued an order adopting proposed changes to Rule 9, Section 27.4, which pertain to the status of an attorney seeking to transfer to disability inactive status during the course of disciplinary proceedings. The court solicited comments on the proposed change through Oct. 1. It received just one comment and that came from the Board of Professional Responsibility, which stated that it supports the proposed amendments. The amendments take effect immediately. See the changes being made in this red-line version.