The federal courts will remain open and continue operations for at least two weeks should Congress fail to pass legislation to avert the fourth government shutdown in a decade, reports Reuters. The Republican-controlled U.S. House of Representatives and the Democratic-led Senate have until Sept. 30 to approve legislation to keep federal agencies open. Bills moving through Congress would give the federal judiciary a modest budget increase for 2024. Though most government functions would cease Oct. 1 should no spending measure be passed, the federal judiciary retains some ability to stay open by using court fee balances and other funds not dependent on congressional appropriations.

Tennessee and 15 other states have been accused by the Biden administration of underfunding their historically Black land-grant universities by billions of dollars over the last 30 years, reports the Tennessean. A letter from the secretaries of education and agriculture to Gov. Bill Lee said Tennessee has underfunded Tennessee State University by $2.1 billion. That figure was the highest among all states that received letters. Land-grant universities were created by the Morrill Act of 1862 allowing the federal government to give states land that they could sell to fund a university that emphasized agriculture and "mechanical arts." In 1890, a second Morrill Act required states to either end racial discrimination at their land-grant colleges or create separate schools for Black students. Tennessee State was created by the second Morrill Act.

Tennessee faces an epidemic of stolen guns from automobiles but statistics show the perpetrators are rarely caught and arrested, reports the Tennessean. Of 5,386 reported cases of guns stolen from cars statewide last year, less than 4% resulted in an arrest, according to numbers from the Tennessee Bureau of Investigation. The report also shows gun theft from a vehicle has among the lowest clearance rates for all theft-type crimes. A Tennessean report last month found that the majority of gun theft charges from 2022-2023 in Davidson County were dropped or dismissed due to lack of evidence. Attorneys noted a new law that stiffened the penalty for stealing a weapon from a misdemeanor to a felony has made cases harder to prosecute.

Settlement talks to resolve a lawsuit claiming federal court officials mishandled a former North Carolina public defender's sexual harassment complaints collapsed yesterday, reports Reuters. The U.S. Department of Justice, which is defending the judiciary, said in a court filing that mediation with former public defender Caryn Devins Strickland aimed at averting a trial had ended without a deal. A federal appeals court last year revived Strickland's claims from her 2020 lawsuit that she was sexually harassed by a superior and was stonewalled in her efforts to have the judiciary address her complaint. Strickland's husband is acting as her lawyer after other attorneys left the case citing conflicts.

TBA's Corporate Counsel Section will host two webinars this fall. The first, "Cybersecurity and Data Privacy: Regulations, Cyber Threats, and AI — Key Issues that Lawyers Must Understand" will take place Oct. 13 at noon CDT. The webinar will focus on data privacy and cybersecurity issues and the complex challenges that lawyers must understand to effectively represent their clients. Please join Baker Donelson attorneys Matt White and Alex Koskey for a discussion on critical legal and risk management considerations regarding the cyber threat landscape. The second webinar is scheduled for Dec. 7 at noon CST. Laura Chastain, ethics counsel for the Board of Professional Responsibility (BPR), will discuss the BPR's Formal Ethics Opinion 2022-F-168 regarding in-house counsel that reside and are licensed in other states. Registration will be available soon, so keep an eye on TBA's CLE calendar!

Members of the TBA Young Lawyers Division (YLD) Board and YLD Fellows gathered at the Hard Rock Hotel in Cancun, Mexico, this past weekend for the Fall Board Meeting. YLD President Quinton Thompson gave special recognition to Nashville lawyer Alix Rogers, Murfreesboro lawyer Morgan Hanna and Cookeville lawyer Amber Vargas for their work holding pro bono wills clinics this summer for essential workers. Rogers also was recognized for her work training YLD district coordinators across the state and for leading a panel of lawyers at a recent law school visit. Finally, Memphis lawyer Jeffrey Moore was awarded the “disco gavel” for his enthusiasm and efforts to bring people together. During the meeting, members planned for upcoming events, including additional pro bono clinics, the Diversity Leadership Institute, the Tennessee State High School Mock Trial competition and Diversity Law Week. They also discussed long range planning and how best to engage young lawyers across the state. See photos from the meeting, which was held during Mexico's Independence Day celebration.

The TBA Adoption Law Section will hold its annual forum on Sept. 25 at the Tennessee Bankers Association's Barrett Training Center in Nashville. 2023 was a banner year for adoption legislation in Tennessee, so you won’t want to miss this informative program! The agenda includes two full hours on legislative updates, plus an hour for case law updates. Additional topics include the basics of adoption law for newer practitioners, as well as a dual hour on secondary trauma. Don't forget to register now!

Last week, Governor Bill Lee announced that applications are now open for the Tennessee Strong Families Grant Program. The program provides the opportunity for nonprofit organizations, including pregnancy centers, to partner with the state to provide support based on the needs of mothers, children and families. Services include pregnancy support, support for Tennesseans considering adoption, and housing assistance for moms in crisis. The grant program is just one facet of the Governor’s Strong Tennessee Families initiative, which dedicated a historic investment of more than $600 million in the State’s FY23-24 budget. Application materials for the grants are available online in addition to webinars and training and technical assistance. Read the full press release.

Tennessee Attorney General Jonathan Skrmetti is warning of a new scam that utilizes a forged signature of Tennessee Department of Commerce & Insurance Commissioner Carter Lawrence to lure Facebook Marketplace shoppers into purchasing a nonexistent tractor. Skrmetti also announced a settlement with Tempoe LLC, which ends the company’s misleading leasing practices and relieves consumers of unfair payment obligations. Over the past several weeks, Skrmetti also has taken action on a range of matters. He joined colleagues from other states in urging the U.S. Congress to study AI and its harmful effects on children and enact the Protecting Hunting Heritage and Education Act; urging the FDA to ban flavored disposable e-cigarettes; and warning financial service providers that the Net Zero Financial Service Providers Alliance (NZFSPA) may violate state and federal antitrust and consumer protection laws.

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition then was circulated to the full court.* Less than a majority of the judges voted in favor of rehearing en banc. Therefore, the petition is denied.