Tennessee Attorney General (AG) Jonathan Skrmetti and a bipartisan coalition of 51 attorneys general issued follow-up letters to nine voice service providers indicating it appears they continue to be in violation of state and federal laws by routing allegedly unlawful robocalls across their networks. The letters provide information about the work of the Anti-Robocall Multistate Litigation Task Force and analyses of each provider’s illegal or suspicious robocall traffic. The letters also warn providers that if they fail to act to cease transmitting illegal call traffic, the states may pursue enforcement actions. A press release from the AG’s office notes that one such enforcement action already is being pursued against Avid Telecom.

Two large law firms have reached preemptive agreements with the Trump administration to avoid similar actions taken against other firms this spring. The terms of the deals were described in social media posts from the president. Bloomberg Law reports that Milbank will spend $100 million on pro bono services, avoid what the president characterized as “illegal DEI discrimination,” represent clients regardless of political views and include partners with diverse political ideologies on its pro bono committee. Willkie Farr & Gallagher agreed to spend $100 million in pro bono work and affirm its commitment to “merit-based hiring, promotion and retention” and not engage “in illegal DEI discrimination and preferences,” the president said. The Associated Press has more on that agreement. Earlier this spring, the administration began issuing executive orders targeting law firms, beginning with Covington & Burling. One targeting Paul Weiss was revoked after that firm agreed to spend $40 million in pro bono services for mutually agreed projects, renounce partisanship in hiring and choosing clients, and use merit-based employment practices. Three others, Jenner & Block, Perkins Coie and Wilmer Cutler Pickering Hale and Dorr, have sued and won temporary restraining orders pausing parts of those orders. The ABA Journal has more on those cases.

Stewart County General Sessions Court Judge Andy Brigham is being honored for his service to CASA in Stewart County. A profile from News Channel 5 says Brigham worked to bring CASA to the county and has spent 14 years “giving a voice to children in need.” The piece concludes that “his dedication, humility and kindness make him stand out as a true leader.” A donation of $250 from Bart Durham Injury Law will be made to the organization in honor of the recognition. To nominate someone for the channel’s “My Hero” feature contact myhero@newschannel5.com.

The Tennessee Supreme Court imposed a public censure on Bedford County lawyer Richard Lamar Dugger on April 9. The court found that Dugger violated Rules of Professional Conduct 1.1, 1.3, 3.2 and 3.4 in representing one client in a bankruptcy case and a second client in a landlord tenant case. In the first complaint, the court found that Dugger failed to include his client’s home in a bankruptcy matter, which resulted in his client’s home being foreclosed. In the second matter, Dugger failed to appear in court, failed to take action following the entry of an adverse judgment against his client and delayed the outcome of the case.

The U.S. House of Representatives has passed legislation limiting the authority of federal district judges to issue nationwide orders. The Associated Press reports that HR 1526, which passed by a vote of 219-213, limits the scope of injunctive relief ordered by a district judge to those parties before the court, rather than applying the relief nationally. In the U.S. Senate, similar bills have been introduced by Senate Judiciary Chair Chuck Grassley, R-Iowa, (S. 1206) and Missouri Republican Sen. Josh Hawley (S. 1099). The Hill has more on Grassley’s proposal.

The Tennessee Board of Professional Responsibility (BPR) has issued two new ethics opinions. The first, 2025-F-171, addresses the ethical propriety of a non-disparagement clause in a products liability case settlement agreement that makes the lawyers in Firm A parties to the settlement proposed by Firm B. The second, 2025-F-172, addresses limited scope legal services provided by a private attorney. That opinion states that attorneys may engage in limited scope representation so long as it is reasonable under the circumstances and the client gives informed consent, preferably in writing. Attorneys also must follow the Tennessee Rules of Civil Procedure, specifically Rule 11.0l(b) and (c) regarding disclosure of such limited scope representation. See all past opinions from the board. Update: On April 21, 2025, the Board of Professional Responsibility voted to withdraw formal ethics opinion 2025-F-172.

The 23rd edition of the Alimony Bench Book is now available. Published by the TBA’s Family Law Section, the book provides a ready resource for dealing with alimony cases in Tennessee. Current Family Law Section members can access their copy at no cost on the Family Law eCommunity page but must be logged into their TBA account. Others may purchase an electronic copy for $25 from the TBA Store.

The TBA Young Lawyers Division is partnering with Legal Aid Society of Middle Tennessee and the Cumberlands for an expungement clinic on May 19. Volunteers are needed from 4-7 p.m. CDT at Doors of Hope located at 428 E. Bell St., Murfreesboro, TN 37130. Contact Morgan Hanna for more information and to volunteer.

Legislation that would have established a presumption that joint legal custody and equally shared parenting time is in the best interest of the child failed to pass the House Judiciary Committee by a vote of 16-3, leaving it dead for the year. The bill, HB1131 was sponsored by Rep. Antonio Parkinson, D-Memphis. The Senate version of the bill, SB1331, is sponsored by Sen. Jeff Yarbro, D-Nashville. George Spanos, chair of the TBA Family Law Section, testified against the bill, and the TBA Government Affairs team worked to educate lawmakers on the need to maintain current law, which requires the judge to look at the facts of each individual case and determine custody based on what is in the best interest of each child.

The TBA Family Law Section’s legislation, HB492 — sponsored by House Judiciary Committee Chairman Andrew Farmer, R-Sevierville — successfully passed the House Judiciary Committee. The Senate version, SB540, sponsored by Sen. John Stevens, R-Huntingdon, passed the Senate on March 6. The legislation, as amended, removes the three-year threshold for trial courts to consider a parent’s failure to pay child support from the best interest of the child factors in TCA 36-6-106(a)(16). As amended, the bill also amends the grandparent visitation statute (TCA 36-6-306) to add a new subsection (g) that will allow trial courts the discretion to award attorney’s fees and expenses to either party in a grandparent visitation case.

Lateral hiring at law firms rebounded in 2024, with overall hiring up nearly 14%, according to the National Association for Law Placement’s 2024 Lateral Hiring Survey. The increase follows a two-year downturn and includes a significant rise in lateral associate hiring, which surged by almost 25%. According to the report, partner lateral hiring saw a 2% increase, while other lateral lawyer categories remained flat. Smaller firms, which appeared to capitalize on a reduction in lateral hiring by larger firms in 2022-2023, experienced a reversal in 2024, with hiring down 11%. Firms of more than 1,000 lawyers saw a 21% increase in hiring. The survey also revealed a continued trend toward remote hiring flexibility, though fully remote lateral hires remain rare. According to the National Jurist, legal experts note that the shift in hiring patterns reflects broader market adjustments, with large firms re-entering the market and smaller firms facing challenges competing for top talent.