Federal courts will allow remote public access to certain proceedings to continue as they did during the COVID-19 pandemic, but with new restrictions, Reuters reports. The new policy adopted by the U.S. Judicial Conference allows judges presiding over civil and bankruptcy cases to provide live audio access in non-trial proceedings and those that have no witness testimony. The policy falls short of calls by lawmakers and advocates to go further in allowing remote access to other court proceedings, including former President Donald Trump's criminal trials, but goes beyond what the judiciary had generally allowed before the pandemic.

Nashville Police are seeking information about a shooting that occurred last Friday, which is being described as a random act of road rage, the Tennessean reports. Davidson County Chancellor I'Ashea Myles was driving west on Interstate 440 at about 8:50 p.m. when a suspect fired at her vehicle. Myles was struck by broken glass from the shooting, but was not injured, according to police. A passenger in the car sustained non-life threatening gunshot wounds to her hand and leg. Investigators said the suspect vehicle involved in the case was a white, late model sedan with glossy paint and a temporary tag. Nashville Crime Stoppers is offering $5,000 for information leading to the arrest and indictment of those responsible.

Join colleagues on Nov. 14 from noon to 1 p.m. CST to learn how to save time, reduce paper and increase completion rates of client questionnaires. Danielle DavisRoe with TBA’s member advantage partner Affinity Consulting will discuss free and inexpensive tools to electronically gather data from clients during this webcast. Learn more or register here.

Salaried workers who have been ineligible for overtime pay would benefit from a proposed Biden administration regulation. The Department of Labor’s new rule would require employers to compensate full-time non-exempt workers for any overtime worked if they make less than $55,068 annually, an increase from the current salary threshold of $35,568. The rule would also provide automatic changes every three years to the salary level to keep up with changes in earnings. The new standard salary level proposed by the agency would be tied to the 35th percentile of weekly earnings of salaried workers in the lowest-wage region of the country. There is voter support for the measure, but many industry and governmental groups oppose the increase, claiming that it will unreasonably increase costs for employers. Read more from the Tennessee Lookout.

TBA's Corporate Counsel Section will host two webinars this fall. The first, titled "Cybersecurity and Data Privacy: Regulations, Cyber Threats, and AI — Key Issues that Lawyers Must Understand" will take place on Oct. 13 at noon CDT. Data privacy and cybersecurity issues have been one of the most significant challenges facing businesses over the last several years. Cyberattacks have continued to evolve at a rapid pace and the costs associated with these attacks are more significant than ever. Numerous states and industries have enacted privacy laws, rules and regulations which create additional compliance requirements for businesses. Finally, the evolution of artificial intelligence (AI) and other emerging technologies are transforming the way we work and live. These issues present complex challenges that lawyers must understand to competently and 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 current state of comprehensive data privacy laws and the use of AI, including how cybercriminals are leveraging emerging technologies to launch more sophisticated cyberattacks. This discussion will include practical tips for how lawyers can help organizations address this evolving 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!

The Defendant, William Paul Watson, pled guilty to possessing more than one-half gram of cocaine with intent to sell within a drug-free zone and received a fifteen-year sentence to be served at one hundred percent. More than ten years later, he filed a motion to be resentenced pursuant to Tennessee Code Annotated section 39-17-432(h). The trial court held a hearing, granted the Defendant’s motion, and resentenced him to fifteen years with eight years to be served at one hundred percent and the remainder to be served at a thirtyfive percent release eligibility. On appeal, the Defendant contends that the trial court imposed an illegal sentence. The State argues that we should dismiss the appeal for lack of jurisdiction under Tennessee Rule of Appellate Procedure 3(b) and that, in any event, the Defendant’s sentence is not illegal. Based upon the oral arguments, the record, and the parties’ briefs, we agree with the Defendant, reverse and vacate the judgment of the trial court, and remand the case for further proceedings consistent with this opinion.

The petitioner, Justin L. Kiser, appeals the denial of his petition for post-conviction relief, which petition challenged his five convictions of especially aggravated kidnapping, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the post-conviction court’s denial of post-conviction relief.

The Defendant, Raffell M. Griffin, Jr., was convicted by a jury of conspiracy to possess with the intent to sell or deliver more than twenty-six grams of cocaine in a drug-free zone, a Class B felony, and first degree premeditated murder. See T.C.A. §§ 39-17- 417(c) (2018) (subsequently amended) (possession of a controlled substance), 39-12-103 (2018) (conspiracy), 39-13-202(a)(2) (2018) (subsequently amended) (first degree murder). The jury found that the Defendant committed a criminal gang offense, enhancing by one level the felony classification of the convictions. See id. § 40-35-121 (2019) (subsequently amended) (gang enhancement). The trial court imposed a twentyfive year sentence for the conspiracy conviction, to be served consecutively with a life sentence for the murder conviction. On appeal, the Defendant contends that: (1) the evidence is insufficient to support the Defendant’s conviction for first degree murder; (2) the trial court erred in admitting hearsay evidence; (3) the trial court erred by allowing Investigator Philip Jinks to testify as an expert in gang investigations; (4) the trial court failed to conduct an adequate investigation of alleged juror misconduct; and (5) the trial court failed to apply mitigating factors in sentencing. We affirm the judgments of the trial court.

The Nashville Bar Association (NBA) and the Nashville Bar Foundation are partnering with Habitat for Humanity of Greater Nashville this fall on a house build. They are in need of additional donations to meet their goal and make the build possible. Please consider volunteering on Sept. 23 from 7:30 a.m. - 3:30 p.m. CDT to help build the home and join the NBA team for a fun and rewarding day. Click to donate or volunteer.

Following the denial of her application for a beer permit, Amanda B. Wolfe (“Ms. Wolfe”) filed a Petition for Writ of Certiorari in the Circuit Court for Hawkins County (the “trial court”) against Surgoinsville Beer Board (the “Beer Board”) and the Town of Surgoinsville (collectively, “the City”), seeking a trial de novo. Ms. Wolfe contended that the Beer Board incorrectly reviewed her application for a beer permit under a newly amended ordinance. After a bench trial, the trial court ruled in Ms. Wolfe’s favor, ordering the issuance of her beer permit and finding that the amended ordinance lacked a rational basis. Having reviewed the record, we affirm the judgment of the trial court.