Join the United States Patent and Trademark Office (USPTO) for their next #WEWednesday event virtually or in person at the Nashville Entrepreneur Center on Sept. 6 at noon CDT. Kathi Vidal, director of the USPTO, will moderate a panel that embodies innovation, entrepreneurship, mentorship and IP expertise. Breaking through barriers, these successful women have fostered ideas into prosperous ventures making a lasting impact. They will be sharing their riveting journeys and unveiling the significance of IP protection to attract investment, network and connect with mentors.

Speakers:

• Kathi Vidal: Under Secretary of Commerce for Intellectual Property and Director, USPTO
• Lindsey Cox: CEO, LaunchTN
• Kayla Rodriguez Graff: Co-Founder, SweetBio
• Toni Hickey: Chief Legal Officer & Corporate Secretary, Atmus Filtration Technologies
• Cris Lacy: Co-President, Warner Music Nashville
• Shannen Stewart: Founder, Heels & Handshakes

Find out more information and register to attend here.

ALICE M. BATCHELDER, Circuit Judge. Daja Smith and Davonte Hoskins were co-conspirators in a large bank-fraud scheme, in which they called the victims, pretending to be from their bank, gained access to the victims’ accounts, and stole their money. Both pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft, and both appealed, arguing that their sentences are procedurally unreasonable. We affirm.

Defendant, James Howard Smith, entered nolo contendere pleas to two counts of rape of a child, a Class A felony, and one count of aggravated sexual battery, a Class B felony. The trial court imposed consecutive sentences of forty years for each of the two rape of a child convictions and ten years for the aggravated sexual battery conviction, resulting in an effective sentence of ninety years. On appeal, Defendant contends the trial court imposed an excessive sentence. After review, we affirm the judgments of the trial court.

Marvin S.C. Dang has become the first Asian American lawyer to be elected an officer of the American Bar Association in its 145-year history, the organization has announced. Dang was elected secretary for a three-year term as one of five officers on the ABA Board of Governors. He is currently a managing member of the Law Offices of Marvin S.C. Dang LLLC in Honolulu. He also is a partner in the Law Offices of Nelson & Kennard, a California law firm doing business in eight states. Dang co-manages the Hawaii office, focusing on civil litigation.

The plaintiff, who was a student at the University of Tennessee of Knoxville (“UTK”), was assaulted while residing in a dormitory on campus. She filed an action with the Tennessee Claims Commission (“the Commission”) against UTK and the State of Tennessee (“the State”) predicated on Tennessee Code Annotated § 9-8-307, which provides that claims may be brought against the State for, inter alia, negligent care, custody, and control of persons or negligently creating or maintaining dangerous conditions on state-controlled real property. Following a hearing, the Commission dismissed the plaintiff’s claims, determining that she had failed to demonstrate the required elements of a negligence claim. The plaintiff has appealed. Based upon our review, we determine that the Commission lacked subject matter jurisdiction to adjudicate the plaintiff’s claims pursuant to Tennessee Code Annotated § 9-8- 307(a)(1)(C) and (E). We therefore reverse the Commission’s determination that it maintained subject matter jurisdiction concerning this action, and we remand this matter to the Commission for dismissal of the plaintiff’s claims based on lack of subject matter jurisdiction.

Law schools are replacing open-ended diversity questions in their applications in an effort to gain a deeper understanding of candidates after the Supreme Court court ruled in June against the use of affirmative action programs in the admissions process, reports Reuters. Duke Law School and the University of Texas School of Law have added “personal background” statements with essay prompts. And this year, Harvard Law School is requiring a “statement of purpose” and “statement of perspective” to learn how a candidate's background has shaped them. Most U.S. law schools will begin accepting applications for next fall on Sept. 1. The U.S. Department of Education released new guidance last week to colleges and universities on how to legally encourage racial diversity on their campuses.

The Tennessee Board of Professional Responsibility recently issued two new ethics opinions. The first, 2023-F-169, addresses what steps lawyers should take when departing a law firm and what steps firms should take to protect clients. The second, 2023-F-170, addresses acceptance of credit card payments and the use of payment platforms such as Venmo. TBA CLE ethics speaker Brian Faughnan provides his take on the opinions in his blog Faughnan on Ethics.

The Tennessee Supreme Court yesterday reinstated four lawyers who had been suspended for failing to complete annual continuing legal education requirements in 2022. View the order or see the list of those reinstated online.

The Sept. 8 Topgolf Tee-off will feature a session comparing the relative advantages and disadvantages of estate-planning-centered probate through use of a last will and testament as compared to planning using living trusts. Expert Rob Malin will provide best practices and explore the pros and cons of each. Other timely topics at the program include silent trusts and the Corporate Transparency Act. Breakfast and lunch are provided, with two hours of Topgolf play included following the presentations. Bring a team, learn and compete at this one-of-a-kind learning opportunity. Space is limited so register now before it’s too late!

A federal appeals court yesterday rejected a bid by gun rights advocates to block the Biden administration from enforcing new regulations aimed at privately made firearms known as "ghost guns," reports Reuters. The St. Louis-based 8th U.S. Circuit Court of Appeals ruled that gun rights organizations and 16 Republican state attorneys general who joined the suit had not established they would be irreparably harmed by the rule, which went into effect in August 2022. The rule updated the definition of a "firearm," "frame" and "receiver" under the Gun Control Act of 1968 to address the rise of ghost guns which can be assembled from kits and purchased online without a background check.