The Biden administration’s requirement that all employers with more than 100 workers mandate COVID-19 vaccines or impose regular testing for staff will officially take effect Jan. 4, 2022, but challenges have already begun. Tennessee Attorney General Herbert H. Slatery III and six other attorneys general today filed a petition with the U.S. 6th Circuit Court of Appeals challenging the mandate. The group is asking the court to stay the emergency rule issued by the Occupational Safety and Health Administration (OSHA). They argue that OSHA lacks statutory and constitutional authority to take action against risks that are equally prevalent at work and in society at large since Congress specified that the rule making authority was designed to protect employees from dangers at their work places. National Public Radio also reports that other suits are expected from various groups of attorneys general and governors. And legislative challenges have been introduced in the U.S. Congress by Republican Tennessee lawmakers. Rep. Tim Burchett has introduced the “Keeping Our COVID-19 Heroes Employed Act” to protect essential workers from termination under the mandate. Sen. Marsha Blackburn has introduced the same bill in the Senate, the Claiborne Progress reports.

The American Civil Liberties Union, Lambda Legal, a 14-year old transgender boy and others are suing Tennessee over its law banning trans students participating in school sports. The student, Luc Esquivel, is a freshman at Farragut High School in Knoxville, WCYB reports. Esquivel is seeking to try out for the school’s boys' golf team. This is the ACLU’s fifth challenge to an anti-trans law passed this year.

The Knox County Commission is soliciting resumes from anyone interested in an appointment to the seat of Knox County General Sessions Court Judge Geoffrey Emery, who is retiring Dec. 31. The appointee will serve out the remainder of Emery's term, which expires in August 2022. Applicants must be licensed to practice law in Tennessee, be older than 30 years of age, have lived in Tennessee for at least five years, and have lived in Knox County for at least one year. Resumes should be submitted to the commission by 4 p.m. EST on Nov. 29. For more information, contact commission@knoxcounty.org or 865-215-2534.

The TBA Federal Law Section will host a one-hour live virtual CLE on Dec. 8 from noon to 1 p.m. CST on the federal Economic Espionage Act. The program will look at the difficulties of prosecuting under the act and how prosecutors are turning to classic wire fraud and false statements criminal statutes to obtain convictions. The CLE will use the recent case of United States v. Anming Hu from the Eastern District of Tennessee as a case study. In that matter, the defendant’s motion for a judgment of acquittal was granted after a mistrial, and the defendant was acquitted on all counts.

Make plans now to attend the TBA’s Environmental Law Forum set for Dec. 10 from 9 a.m. to 1:30 p.m. CST. The forum will be presented virtually. Speakers include Wilson Buntin with the Tennessee Attorney General's Office, Leah Dundon with Beveridge & Diamond, David Higney with Grant, Konvalinka & Harrison, and Jeremy Hooper and Matt Taylor with the Tennessee Department of Environment and Conservation. Chattanooga attorney and section chair Jennifer Brundige with the Tennessee Valley Authority is producing this year's forum.

The University of Tennessee College of Law is seeking applications for the position of associate director for the Bettye B. Lewis Career Center. This senior level position will handle planning, management, supervision of staff and operation of the career center. A key focus, and significant aspect, of the position is to analyze and evaluate courses of action, including the creation and implementation of strategic decisions and plans. A law degree and four years of experience, or a degree in a relevant field and seven years of experience, is required. See the full job description and application instructions.

The Tennessee Supreme Court on Monday denied a motion from Davidson County attorney Kevin Williams Teets Jr. asking the court to set aside an Oct. 31 order suspending him from the practice of law for one year. The court took the action after the Board of Professional Responsibility recommended denial of the motion.

Tennessee Attorney General Herbert H. Slatery III joined with the attorneys general of Ohio and Kentucky to file a lawsuit today challenging the Biden Administration’s COVID-19 vaccine mandate for federal contractors. The suit, filed in the U.S. District Court for the Eastern District of Kentucky, asserts that the administration’s vaccination requirement is unlawful and unconstitutional because it violates state sovereignty and was not considered by the U.S. Congress. The attorneys general also argue that the mandate will cause harm to the citizens of their states. Read more about the suit and access the filing on the AG’s website.

Hamilton County Assistant District Attorney Chris Post has been named DUI Prosecutor of the Year by the members of the Tennessee District Attorneys General Conference, Chattanoogan.com reports. In presenting the award, Hamilton County District Attorney General Neal Pinkston said that Post has “completely changed the process by which ... agencies investigate serious injury and fatal crashes caused by impaired drivers.” Post has served in the district attorney’s office for six years. He previously was the DUI coordinator in the 26th Judicial District. The award presentation took place as part of the conference’s fall meeting in Chattanooga.

The U.S. Justice Department has reopened its Office for Access to Justice, a unit created in 2016 to help low-income Americans who need legal representation. The move fulfills a promise by President Joe Biden to reinvigorate the office, which was shut down during Donald Trump’s administration, Reuters reports. The administration also recently released the 2021 report of the Legal Aid Interagency Roundtable, which brings together more than two dozen federal agencies to address legal service challenges. This year's report focused on access to justice in the age of COVID-19.