The Senate Republican Caucus met Tuesday and voted to keep its same leadership group, the Nashville Post reports. In addition to nominating Sen. Randy McNally, R-Oak Ridge, to his fourth term as speaker, Republicans also voted to return Jack Johnson, R-Franklin, as majority leader and Ken Yager, R-Kingston, as caucus chair. Rounding out the Senate leadership group are treasurer Ferrell Haile, R-Gallatin, secretary Dawn White, R-Murfreesboro, chaplain Shane Reeves, R-Murfreesboro, and vice treasurer Bill Powers, R-Clarksville. House Republicans, who likewise dominate the lower chamber, have not yet voted on new leaders, though House Speaker Cameron Sexton, R-Crossville, has not drawn any public challengers. 

Yale Law School says it will no longer participate in the U.S. News & World Report law school rankings, despite its history of always taking the top spot, the ABA Journal reports. Yale Law dean Heather K. Gerken said the school won’t be supplying its data to U.S. News & World Report, but it will provide information to would-be students “in a public, transparent and useful form.” Gerken said she thinks U.S. News has good intentions, but that its rankings are “profoundly flawed” because they disincentivize programs that support public-interest careers, provide need-based aid and help working-class students. “Granting exclusive access to a flawed commercial rankings system is counterproductive to the mission of this profession and the core values of Yale Law School,” Gerken said.

The Hamilton County Commission today passed a resolution calling on attorney John Konvalinka to take legal action against Mayor Weston Wamp if his dispute with County Attorney Rheubin Taylor isn’t settled by Friday. According to the Chattanoogan, the resolution authorizes Konvalinka "to take such action as is necessary to enforce each and every resolution" that the commission earlier passed in support of Taylor. Wamp fired Taylor in October, but the longtime county attorney has stayed on, citing a four-year contract. The matter has already gone to chancery court.

Kay Griffin PLLC has an immediate opening in its Nashville office for an associate attorney. The position will primarily focus on commercial, construction and tort litigation. Two to five years of litigation experience is preferred. Visit the TBA’s JobLink site for instructions on how to apply or browse all available job openings.

The TBA Dispute Resolution Section will host a webcast later this month that will focus on technology in the realm of Access to Justice (ATJ). “Dispute Resolution 2022: The Future of Technology in the Access to Justice Realm” will take place on Nov. 29 from noon until 1 p.m. CST and will explore the experiences of mediators using remote technology to help resolve disputes across a wide spectrum of dispute types. Learn more and register here.  

Tennessee Attorney General Jonathan Skrmetti is concerned about possible violations to consumer protection laws after Taylor Swift fans yesterday reported spending hours trying to get presale tickets to the singer’s 2023 tour, the Tennessean reports. Fans with special presale codes for tickets found huge queues, site crashes and inflated prices when trying to purchase tickets through Ticketmaster. Skrmetti called Ticketmaster a “very dominant market player” at a press conference this morning and said his office wants “to make sure that they're treating consumers right and people are receiving fair opportunity to purchase the tickets…” No actual allegations of wrongdoing have been made yet, but Skrmetti was clear he sees the size of the company as a possible detriment if its near-monopoly disincentivizes customer support and fair dealing.

State Sen. Randy McNally, R-Oak Ridge, has been nominated to another term as speaker, the Tennessee Journal reports. The Senate Republican Caucus made the nomination, which would have McNally serve another two-year term. McNally succeeded former Speaker Ron Ramsey in 2017. He served four terms in the state House before being elected to state Senate in 1986. The full Senate will officially vote on the speaker in January. But with Republicans holding a 27-6 advantage, it’s largely considered a formality.

The TBA on Tuesday filed a comment with the Board of Professional Responsibility (BPR) in response to its proposed Formal Opinion 2022-F-168, which addresses whether lawyers who do not reside in Tennessee, but work remotely full-time as in-house counsel for an organization with its principal place of business in Tennessee and are not licensed in Tennessee or registered as in-house counsel in Tennessee are engaging in the unauthorized practice of law. The TBA believes the guidance provided by the proposed opinion will be helpful to in-house counsel who are evaluating whether they should register with the Board of Law Examiners under Tennessee Supreme Court Rule 7, § 10.01. However, the proposed opinion makes several references to in-house counsel licensed in other states “practicing Tennessee law” or engaging in “the practice of Tennessee law” while they are not physically present in Tennessee. The proposed opinion also repeatedly relies on the phrase “the practice of Tennessee law” as a description of a lawyer’s activity to be evaluated under Rule 5.5. This phrase is not used in Rule 5.5, nor is it used in the primary statutory law governing UPL in Tennessee, Tenn. Code Ann. §§ 23-3-101 and 23-3-103. There are several likely reasons for this absence. While the TBA commends the BPR for its efforts to address an important issue through the opinion, the TBA recommends that the opinion be revised in several important respects. See the filed comment and suggested additions and deletions. 

The Tennessee Supreme Court today issued an order amending Rule 8. The housekeeping amendments were made to rules 5.5, 5.7, 7.1 and 7.3(f)(2). Read the order here.  

Attorney General Jonathan Skrmetti today announced a settlement has been reached with Walmart to resolve allegations that the company contributed to the opioid addiction crisis by failing to appropriately oversee the dispensing of opioids at its stores. Walmart must pay $3 billion nationally and make significant improvements in how it handles opioids. Under the settlement, Tennessee and its local governments could receive more than $70 million if all incentives are met. State attorneys general on the executive committee, attorneys representing local governments and Walmart have agreed to this settlement, and it is now being sent to other states for review and approval. The settlement requires approval from 43 states by the end of the year. Read more from the Attorney General’s Office.