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Posted by: Stacey Shrader Joslin on Jan 16, 2024

The TBA’s 19th Annual Bankruptcy Law Forum will take place April 12-14 in a new location! After many years of hosting the forum in Gatlinburg, the program will move to Chattanooga for 2024. Make plans now to join colleagues for this three-day experience, learning from some of the region’s top bankruptcy practitioners, Chapter 13 trustees and sitting judges. The forum’s most unique element — pairing attendees with judges in small groups to discuss specific consumer and commercial case problems — also is back to help attendees analyze the real-world problems bankruptcy lawyers face. Other topics include developments impacting mortgages in bankruptcies, new amendments to Article 9 of the UCC, ethical issues that arise in bankruptcy and case law updates. Finally, attendees will join faculty and judges on Saturday evening for dinner.

Posted by: Paul Burch on Jan 16, 2024

The Tennessee General Assembly, which earlier canceled work on Tuesday, now will remain out for the rest of the week, House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, said in a joint statement, the Tennessean reports. "Due to the extreme weather, dangerous temperatures and resulting treacherous road conditions, we have decided to close the Cordell Hull Building and cancel all official legislative meetings for the rest of this week," the two legislative leaders said. Due to winter weather, Gov. Bill Lee closed all state offices on Tuesday and Wednesday as well.

Posted by: Paul Burch on Jan 16, 2024

Due to inclement weather, Tennessee Supreme Court Buildings in Nashville, Knoxville and Jackson, as well as the Administrative Office of the Courts will be closed tomorrow. Oral arguments scheduled in Knoxville for tomorrow have been postponed. Visit https://www.tncourts.gov/ for more information. The Memphis Bar Association in an email this afternoon announced numerous court closings for tomorrow including Shelby County Circuit Court, Chancery Court, Probate Court, Criminal Court, General Sessions Civil and Criminal and Juvenile Court, as well as Memphis city courts and federal courts in Memphis and Jackson. The Knoxville Bar Association reports that the U.S district courts in the Eastern Grand Division determine closings and delays on a case-by-case basis, but make every effort to contact attorneys with matters before the court that will be affected.

Posted by: Paul Burch on Jan 16, 2024

Tennessee legislators intend to thwart future legal challenges to the state’s franchise tax by eliminating a provision in the 1935 law that faces a “pending challenge," state Revenue Commissioner David Gerregano said this week. According to the Tennessee Journal, Gerregano told Senate Finance Chair Bo Watson, R-Hixson, that tax experts in his department identified a “significant legal risk” in the way the tax is structured, which could prove “extremely costly” to Tennessee taxpayers. Companies doing business in Tennessee face paying business franchise and excise taxes of 0.25%. The franchise tax is projected to raise $1.732 billion in the current budget year.

Posted by: Liz Slagle Todaro on Jan 16, 2024

The Tennessee legislature is back in session, and lawmakers are focused on your issues. The Tennessee Supreme Court recently announced its intention to ask the governor and General Assembly to increase compensation for court-appointed attorneys in the juvenile and criminal courts. Court-appointed attorneys, who represent the indigent, including children, are grossly underpaid in Tennessee. Because of this, fewer and fewer attorneys can afford to take cases representing the indigent, resulting in a crisis in our legal system. It’s time for Tennessee attorneys to convey to their elected legislators how serious this problem is and the toll it is taking on the entire judicial system. Learn more from the TBA Government Affairs team and then reach out to your legislators and ask them to support increased funding for indigent representation (find your Tennessee legislators here). Also, please respond to this survey and join TBA’s Grassroots Advocacy efforts to receive action alerts as relevant policy issues arise, including indigent representation. Finally, please sign up to join us for TBA Day on the Hill on March 20.

Posted by: Paul Burch on Jan 16, 2024

The U.S. Supreme Court announced Friday it will take up the case of the Memphis 7, a group of Starbucks baristas who claim they were fired in retaliation for trying to organize a union, the Commercial Appeal reports. In 2022, a federal judge ordered Starbucks to reinstate the employees and the Cincinnati-based U.S. Sixth Circuit Court of Appeals affirmed that decision last year. At issue is the standard federal courts use to require companies to keep employees on the payroll while their cases are being decided. Starbucks says the standard used varies depending on jurisdiction. It is asking the Supreme Court to "level the playing field" for employers by "ensuring that a single standard is applied."

Posted by: Stacey Shrader Joslin on Jan 16, 2024

A news story in Friday’s issue of TBA Today incorrectly attributed the source of proposed amendments to Tennessee Supreme Court Rule 9, section 16, which, if adopted, would have replaced section 16 in its entirety and changed the procedure for complaints against members of the board, district committee members and disciplinary counsel. It also mischaracterized the position of the Board of Professional Responsibility. The Tennessee Supreme Court itself initiated the proposed changes and solicited public comment on them. Among the comments received were those from the board, which opposed the changes. On Friday, the court instead adopted “minor revisions” to the rule. See a red line version of the section and the new rule in this order from the court.

Posted by: Paul Burch on Jan 16, 2024

Tennessee Gov. Bill Lee last week unveiled the "Ensuring Likeness Voice and Image Security (ELVIS) Act," a first-of-its-kind bill aimed at protecting singers and songwriters from unlawful use by artificial intelligence (AI), reports WSMV4. Lee made the announcement at historic RCA Studio B in Nashville, where Elvis Presley recorded for over a decade. The bill would prohibit people from using AI to replicate a performer’s voice without permission and would add an artist’s voice to existing image and likeness protections in Tennessee.

Posted by: Paul Burch on Jan 16, 2024

The TBA's Leadership Law Program (TBALL) held an opening retreat for the 2024 class at Henry Horton State Park this past weekend. Featured speakers and presenters included TBA President Jim Barry, TBA Executive Director Sheree Wright, Nashville School of Law President and Dean William C. Koch Jr. and attorney Randall L. Kinnard. The weekend also included a judge’s panel led by TBALL alumni now serving on the bench. The 2024 class will hold meetings in Nashville, Knoxville, Chattanooga and Columbia, culminating in a graduation ceremony in Memphis during the annual TBA Convention. The TBALL program aims to serve the legal profession by equipping participants with the vision, knowledge and skills necessary to serve as leaders. Now in its 20th year, the 2024 class includes participants from around the state. Learn more about the class and the program. See pictures from the event.

Posted by: Paul Burch on Jan 16, 2024

The TBA Young Lawyers Division (YLD) Board held its winter meeting this past weekend at Paris Landing State Park. YLD President Quinton Thompson presented Stars of the Quarter Awards to Anthony Adewumi for his work as an ambassador of the YLD, Samantha Ellis for her development of CLE programs, and Faith Watson for creating “Beyond the Bar: Resources & Opportunities for Those Who Do Not Pass” as a resource for those who do not pass the bar exam on the first try. Thompson also expressed appreciation for all board members and their outstanding effort in their roles. The Diversity Leadership Institute’s (DLI) Class of 2024 also met during the weekend for the first time. The law school students participated in sessions designed to help them prepare for their future, heard from TBA President Jim Barry and networked with YLD leaders. The class sessions were organized by DLI Co-Chairs Brande Boyd and Rod Watson. See pictures from the event.


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