Join the TBA Construction Law Section for its 2022 virtual forum on Jan. 28 from 9 a.m. to 1:15 p.m. CST. The program will explore the unique aspects of the mechanics' and materialmen's lien law as well as issues such as when liens on leaseholds are proper, who qualifies as an "owner" for purposes of serving notices of nonpayment and lien, and what exactly is "visible commencement of operations" and "completion of the improvement." There will also be an ethical discussion on several topics, including whether an attorney can "bluff" by serving a notice of nonpayment and/or notice of lien when certain prerequisites have not been satisfied. The half-day CLE program qualifies for three hours of general credit and one hour of dual credit.

Four Waller Lansden attorneys have joined the Nashville office of New York-based law firm Epstein Becker Green. Christopher Dunn, Jeremy Oliver and Keith Randall are joining the firm as members, while Briant Shumard is joining as an associate, Nashville Post reports. The four focus on health care construction matters, including design, construction and real estate litigation for health care providers and real estate investors. The firm established its Nashville presence in 2017 and picked then-Waller partner Richard Westling to launch the office.

The Tennessee Court of Workers’ Compensation Claims says it will continue to proceed with its plan to hold in-person settlements beginning this month but with “a broad caveat.” The court now says it will be up to local judges, the employee and their counsel, and the employer and their counsel to make a collective judgement about how to proceed. Bottom line? The court says to call the office where an in-person settlement is sought to see if it can be safely arranged.

Longtime Tennessee Bar Journal Editor Suzanne Craig Robertson has announced that she plans to leave the TBA later this spring. Robertson has edited the Tennessee Bar Journal and anchored the TBA’s award-winning communications team for more than 34 years. “We are sad to lose her, and grateful for all she has given to the TBA over the years,” TBA Executive Director Joycelyn Stevenson said. “She will be greatly missed by all of us and the hundreds of members she has worked with over the years who appreciate her talent as a writer and editor, her intelligence, her passion, her personality and her loyalty.” Robertson said it has been “a wrenching decision because I love this magazine and this association. It has been my honor to work with this staff, Editorial Board, columnists and other volunteers all these years, doing this important work for Tennessee lawyers.”

Lawrence County lawyer Thomas Joseph Dancison Jr. received a censure from the Tennessee Supreme Court on Dec. 30. The court found that Dancison, while representing a client in a domestic matter, created a conflict of interest by engaging in sexualized conversation and conduct. Dancison pled guilty to simple assault pursuant to Tenn. Code Ann. § 39-13-101(a)(3) for intentional or knowing physical contact with a client that a reasonable person would consider “extremely offensive or provocative.” His actions violated Rules of Professional Conduct 1.7 and 8.4.

Two federal judges have blocked President Joe Biden's vaccine mandate for the Head Start program within the past few days. Louisiana Judge Terry Doughty blocked the mandate in 24 states — including Tennessee — while Judge James "Wesley" Hendrix issued an almost identical ruling in Texas, Knoxnews reports. Doughty's ruling said the Biden administration failed to provide proper notice and public comment period for the order and does not have the power to issue the mandate without congressional authority. It was Doughty's second injunction against a Biden vaccine mandate. He earlier blocked a requirement for health care workers.  Tennessee Attorney General Herbert H. Slatery III joined the multi-state lawsuit on Dec. 21.

The state has asked a federal judge to halt his previous order on masks in schools while a newly filed appeal is pending in a higher court, the Tennessean reports. Last Thursday, attorneys for the state filed a motion in federal court asking U.S. District Judge Waverly D. Crenshaw to delay implementing his Dec. 10 order, which blocked a new state law that would prevent schools from issuing mask mandates and strip local health and school officials of their ability to set COVID-19 quarantine policies. Crenshaw had blocked the state ban on mask mandates at the request of parents seeking to protect students with disabilities under the Americans with Disabilities Act (ADA). The state argues that existing disability accommodation laws provide enough protection for students and the law in question allows for individual ADA accommodations.

U.S. Supreme Court Chief Justice John Roberts Jr. says that judicial ethics, financial disclosures and inappropriate workplace behavior will receive “focused attention” by the judiciary’s policymaking body in the coming months, Law.com reports. The court’s year-end report released last month also says Roberts will direct the U.S. Judicial Conference to address how venue is chosen for patent cases. Questions about that process have been raised by a number of U.S. senators who say the “extreme concentration” of patent cases in Waco, Texas, may be an indication of forum-shopping. Reuters looks at that issue.

The TBA this week launched the SOLACE Program to support all members of the legal community, including judges and court personnel, attorneys, law clerks, paralegals, legal secretaries, and their families. Started in 2002 by the Louisiana Bar Association, SOLACE is a voluntary program that matches those in need — due to a death, catastrophic illness, injury or other loss — with those who can help. Several bar associations across the country have adopted this program and the stories of how the legal community is helping are inspiring. In Tennessee, the program will accept requests for financial assistance, clothing, housing, transportation and medical community contacts. Requests should be sent to SOLACE@tnbar.org. The TBA will review requests and share them in TBA Today, allowing volunteers to connect directly with the parties in need. The TBA will not collect donations or facilitate any transactions. The program, which stands for “Support of Lawyers/Legal Personnel — All Concern Encouraged,” is one of TBA President Sherie Edwards’ initiatives for 2022. Learn more about the program and how it works at TBA.org/solace.

The #FreeBritney movement garnered much media attention in 2021, focusing on the negative aspects of conservatorships ­— loss of individual rights — while ignoring its primary purpose, which is protection of the vulnerable. In the new Tennessee Bar Journal, Beth Weems Bradley and Sarah Hearn Sexton write about the many safeguards that are in place with conservatorships. President Sherie Edwards writes about the TBA's initiatives Your Path to Well-Being, the Women in the Profession Committee, and the SOLACE program. Poppy O'Guinn Steele examines how the U.S. Supreme Court and the state of Tennessee have addressed the unique needs of deaf children, and Kevin Balkwill writes about what a lawyer can expect to go through on the difficult, but possible, road to recovery from addiction and the road to license reinstatement. There is a lot more in this issue; read the January/February online.