The Endangered Species Act (ESA) turned 50 this year, marking a milestone for this landmark legislation. The law has proven successful, with a 99% rate of survival for “endangered” or “threatened” plants and animals, but some worry the act itself may be imperiled. Conservation has become a hot-button political issue, with a number of lawmakers and industry groups saying it stymies growth. In just the past year, bills to strip protection from birds, bats, grizzlies and grey wolves have been passed or introduced. ESA proponents say a major hurdle is funding, which can be nominally offset by allocating more money to state and tribal conservation programs. The U.S. Fish and Wildlife Service proposed regulatory changes this year to encourage voluntary efforts, but advocates say these efforts aren’t enough. “[The Fish and Wildlife Service] is not getting the job done,” said Noah Greenwald, endangered species director with the Center for Biological Diversity. “Part is lack of funding, but it’s mixed with timidity.” Tennessee is no stranger to ESA controversy, with its Tennessee Valley Authority v. Hill case marking the first time the act was challenged in the U.S. Supreme Court. PBS has more.

Join the TBA at the Animal Law Forum on Sept. 22 for a CLE like no other. The event will take place at the Nashville Zoo, featuring interesting topics for animal lovers. One session will feature service dogs, including court canines and animals from the Tennessee Department of Correction’s service dog training program. Judges, handlers and overseers will discuss the training process for these animals and provide takeaways from the projects. Other topics include pets in divorce, the recent TWRA raptor case, ethics and more. Click here to register.

Law firms are “once again snapping up office space at the highest clip in years,” Law.com reports. Building off a strong first quarter, U.S. law firm leasing activity remained robust in the second quarter, resulting in the strongest period on record since the start of the pandemic, according to real estate services company Savills. In all, the 3.3 million square feet leased in the first half of the year was up 22.3% compared to the same period in 2022. Tom Fulcher, chair of the Legal Tenant Practice Group at Savills suggests that leasing will continue at a more stable pace as law firms settle into a “new normal.” Read more from the company's U.S. Law Firm Activity Report Q2 2023.

The American Bar Association (ABA) released a statement today from President Mary Smith in response to "recent efforts of some elected officials and advocacy groups to attack diversity programs at law firms." Smith argues that, "Diversity, equity and inclusion programs help remove the barriers that block the recruitment and retention of legal talent from underrepresented groups" and that efforts to expand the legal field would be "significantly damaged by the loss of diversity and pipeline programs." Forbes has a breakdown of two lawsuits challenging corporate diversity programs at law firms in Dallas and Miami.

Three Tennessee lawyers recently were honored by national legal organizations. Former TBA President Danny Van Horn was named a new member of the American Law Institute, which works to refine, clarify and improve the practice of law. Van Horn practices in the Memphis office of Butler Snow. In addition, Chattanooga attorney Justin Faith was named a fellow of the American Bar Foundation, which conducts research on law, legal processes and legal institutions. Faith practices with Gearhiser, Peters, Elliott & Cannon. Finally, Nashville lawyer Junaid Odubeko was reappointed co-chair of the American Bar Association Litigation Section's Privacy and Data Security Committee. He practices at Bradley Arant Boult Cummings.

The corruption trial of former Tennessee House Speaker Glen Casada and his Chief of Staff Cade Cothren has been rescheduled from October to March 5, 2024, following their request for more time to review evidence. The pair is alleged to have engaged in a kickback scheme through Cothren's company, Phoenix Solutions, which profited from House members' mailers. Former Rep. Robin Smith, who was involved in the case, has pleaded guilty and is cooperating with authorities. Additionally, former Sen. Brian Kelsey is appealing a 21-month prison sentence for federal campaign finance violations. The Tennessee Lookout reports on both developments.

Tennessee conservatorship attorneys are reflecting on the "unusual nature" of the conservatorship at the center of Michael Oher's lawsuit against Shaun and Leigh Anne Tuohy. The Washington Post reports that local experts agree the choice of a conservatorship was, at the very least, unusual when there are other options available, and possibly more appropriate to the situation. Patrick McKenrick, a Knoxville attorney and adjunct professor at the University of Tennessee College of Law says, "Tennessee conservatorships were designed for people with mental or physical disabilities," but in the 2004 filing, the Tuohys acknowledge Oher has no known disabilities.  Nashville attorney Barbara Moss says there are "several other 'unusual' aspects of the conservatorship agreement, including a request that Oher be declared 'a resident member of [the Tuohys’] household' as part of the conservatorship." Moss noted that it was also “strange” that the petition was signed by an out-of-state attorney, a family friend of the Tuohys who was later listed as Oher's attorney in the contract for "The Blind Side" movie.

The U.S. District Court for the Eastern District of Tennessee will host a public reading of the U.S. Constitution on Sept. 15 to celebrate Constitution Day. The event will be held on the steps of the James H. Quillen United States Courthouse, 220 W. Depot St., Greeneville 37743, from 11:30 a.m. to approximately 1 p.m. EDT. Members of the public, school groups and members of the bar are invited to join the celebration by reading the Constitution in segments of one minute or less. Those interested in participating should check in at the bottom of the courthouse steps upon arrival.

In this divorce action, Wife appeals the trial court’s classification and distribution of assets, formation of a parenting plan, and calculation of Husband’s child support obligation. Wife also appeals the denial of her petition for criminal contempt. As appellee, Husband raises issues regarding the allocation of the parties’ equity in the marital property, the enrollment of the child in private school, and the distribution between the parties of education expenses for the child. Upon review, we affirm the trial court’s decisions regarding the division of the parties’ property after minor modification, vacate the trial court’s decisions regarding child custody and child support, and remand the case to the trial court for further proceedings. Wife is barred from appealing the denial of her criminal contempt petition and we decline to award Wife her attorney’s fees incurred on appeal.

A Knox County jury convicted the Defendant, Sean Longmire, of one count of first degree murder and three counts of attempted first degree murder. On appeal, the Defendant asserts that the evidence is insufficient to support his convictions. After a thorough review, we affirm the judgments of the trial court.