The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has released Formal Opinion 516, offering guidance for lawyers seeking to end a representation under Rule 1.16(b)(1). The opinion clarifies when a lawyer’s withdrawal would have a "material adverse effect" on the client’s interests, which would prevent withdrawal, including if it significantly harms the client’s progress, increases costs or hinders the client’s ability to achieve legal objectives. It also notes that lawyers may mitigate these effects and withdraw without violating the rule if the harm is minimized. The opinion concludes that lawyers should exercise care and thoughtfulness in deciding whether to accept an engagement and generally refrain from ending a relationship without good cause, but even careful lawyers may occasionally need to end representation.

The Metropolitan Nashville Police Department has released the final report on the Covenant School shooting, WKRN news reports. The 48-page report covers several topics, including the shooter’s motive and a detailed account of the attack. In March 2023, six people were killed, and the shooter, Audrey Hale, was fatally shot by Metro officers. According to the report, Hale had sought notoriety, acted alone in planning and carrying out the attack, and left no reason for the attack or choice of target. In 2024, a judge ruled in favor of Covenant families who fought to keep Hale’s writings sealed after a legal battle over their release. Despite that ruling, the Tennessee Star claimed to have published 90 pages of the so-called manifesto in September 2024.

A proposal that would allow public schools to take certain actions involving children without legal immigration status is headed to the state Senate floor after clearing the Finance, Ways, and Means Committee yesterday. The Senate version of the bill would require school districts to verify each student’s immigration status. For children without citizenship or a visa, schools could choose whether to enroll them, deny them, or charge their families tuition based on the state’s per-student funding model. Last Wednesday, the House version of the bill advanced in the House Education Committee, according to WPLN News.

The U.S. Supreme Court unanimously overturned a lower court ruling today, finding the Food and Drug Administration (FDA) acted lawfully in blocking two vaping companies from marketing fruity and dessert-flavored liquids for their electronic nicotine products. The decision rejected an earlier ruling from the U.S. Court of Appeals, The Hill reports. In an opinion written by Justice Samuel Alito, the court upheld the FDA’s approach, stating that the agency had made its decisions based on whether the products appealed to young people. The FDA has authorized the sale of only 34 electronic cigarette products, with all but one being tobacco-flavored, a flavor less popular among youth. In 2020, two companies petitioned the FDA to sell flavors such as sour grape and pink lemonade but the agency rejected those applications. The companies sued and the 5th U.S. Circuit Court of Appeals found in their favor. The FDA then appealed to the Supreme Court.

Baker Donelson has appointed new leaders within its Health Law and Public Policy Department. Nashville lawyer Michaela D. Poizner has been named chair of the department while Memphis lawyer Craig C. Conley has been named chair of the Health Care Litigation Group. Poizner will oversee more than 200 attorneys and public policy advisors across 11 states and Washington, D.C. She previously served as chair of the Health Law Group and founded the firm's Behavioral Health Initiative. Conley will lead a multidisciplinary team in the Health Care Litigation Group, representing health care clients nationwide. A graduate of the University of Memphis School of Law, Conley has held several bar leadership roles, including serving on the TBA Young Lawyers Division Board.

The Tennessee Bar Association’s online renewal for 2025-2026 is now open! Renew your membership to continue your access to TBA Today, the Tennessee Bar Journal, three free hours of CLE, resources for starting and building a new firm, and free legal research through vLex Fastcase, as well as savings on a range of products and services. Be sure to check out TBA's Preventing Legal Malpractice providers and Law Firm in a Box, and watch for more information this fall about TBA’s Group Health Insurance enrollment. Attorneys not participating in the TBA's firm billing program can log in and renew through their MyTBA dashboard. The TBA membership team will be working with firm administrators for those participating in firm billing so check with your firm administrator if you have questions about that process.

Tennessee Attorney General (AG) Jonathan Skrmetti is alerting customers of genetic testing company 23andMe of their rights to download their personal data from their account, delete their account and instruct the company to destroy their biological sample and not use it for research purposes following the company’s bankruptcy filing. All of these options are protected under Tennessee’s Genetic Information Privacy Act (GIPA), which went into effect in July 2023, Skrmetti said in a press release. "Our genetic information is some of our most personal data, giving insight about not just us but our families,” he said.

A 36-year-old Shelby County Jail inmate, Courtney Berry, was discovered "unresponsive in a restroom" Sunday morning, according to a statement from the Shelby County Sheriff's Office to the Commercial Appeal. "Lifesaving measures were taken by staff members and Memphis Fire Department paramedics," the sheriff's office said in a statement. "A pre-existing medical condition may have played a part in the event." The investigation into Berry's death is ongoing. He was arrested without bond while a petition by state prosecutors to revoke his suspended sentence was pending. He previously had been convicted of criminal attempt to possess a firearm while being a convicted felon. Berry's death is at least the fifth so far this year. In early February, four inmates died within a week.

One week after Tennessee's Republican U.S. Sens. Marsha Blackburn and Bill Hagerty wrote an op-ed calling for the Tennessee Valley Authority's (TVA) board to be replaced, President Donald Trump fired Michelle Moore from the TVA Board of Directors. Moore was dismissed on March 27, according to a March 28 filing with the U.S. Securities and Exchange Commission. All five members of the board, down from six after Moore's termination, were nominated by President Joe Biden and confirmed to five-year terms by the U.S. Senate. Three members, who were nominated by President Trump during his first term, rolled off after their terms expired. The board needs five of its nine members to conduct business. In other news, TVA announced on Monday that Chief Operating Officer Don Moul would succeed Jeff Lyash as CEO on April 9 following Lyash's retirement. Knox News has the story

The Tennessee Supreme Court will hear two cases — Alan C. Cartwright v. Thomason Hendrix PC, et al. and Alice Cartwright Garner et al. v. Thomason, Hendrix, Harvey, Johnson & Mitchell PLLC, et al. — during its April 9 docket in Jackson. The two cases are related actions involving similar legal issues. The cases will be heard at the Tennessee Supreme Court, 6 US-45 Bypass, Jackson 38301, beginning at 9 a.m. CDT and livestreamed to the TNCourts YouTube page. Read more about the cases in a press release from the Administrative Office of the Courts.