The YLD is replaying three CLE webcasts from earlier in the year to help lawyers refresh and rejuvenate their practice. The three one-hour programs will be broadcast in August from noon to 1 p.m. CDT each day. Join Immediate Past TBA President Tasha Blakney, Immediate Past TBA YLD President Brittany Faith and their colleagues for informative and lively talks on How to Measure Success on Aug. 14, How to Log Off When Your Workday is Done on Aug. 25 and How to Use Your Engagement Letter on Aug. 30. The first program will teach the business concept of key performance indicators for lawyers, focusing on the different ways to measure success, how to hit goalposts all year round instead of waiting until the end of the year, and how to self-evaluate including receipts, hours and other trackable key performance indicators.

The American Bar Association (ABA) today named Alpha M. Brady as the association’s new executive director. Brady, the first person of color to lead the ABA, has been serving as interim executive director since the departure of former Executive Director Jack Rives in March. She joined the ABA staff in 1988 and rose through the ranks at the association before being named deputy executive director in 2022. “During our search, we evaluated many outstanding candidates," Search Committee Chair Palmer Gene Vance II said. "Alpha Brady, with her long history within the ABA and her abundant talents as a leader, stood out as clearly the best.”

A precautionary lockdown was ordered for Memphis-Shelby County Schools today after an armed man attempted to enter and then fired a weapon outside the Margolin Hebrew Academy-Feinstone Yeshiva of the South, the Daily Memphian reports. Memphis Police Department Chief Cerelyn "CJ" Davis said officers later located the man's vehicle and conducted a traffic stop. He was fired on by officers as he exited the vehicle with his gun out. The suspect is in critical condition and has been transported to Regional One. The Tennessee Bureau of Investigation is investigating the shooting.

In this interlocutory appeal, the employer challenges the trial court’s decision not to approve a proposed settlement and its alleged refusal to issue an order explaining the basis of its decision. Following a first settlement approval hearing, in response to the employer’s motion, the trial court issued an order in which it expressly declined to enter an order explaining the basis for its decision not to approve the proposed settlement. That order was not timely appealed. Following a second settlement approval hearing, during which the trial court orally declined to approve the settlement, no order was issued, but the employer filed a transcript of the second hearing and a notice of appeal six business days after the hearing. Upon careful review of the record and relevant precedent, we dismiss the employer’s appeal and remand the case for any additional proceedings as may be appropriate.

Davidson County lawyer Michael Lloyd Freeman today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Freeman violated Rules of Professional Conduct 1.3 (diligence), 3.4(c) (fairness to opposing party and counsel) and 8.4(d) (prejudice to the administration of justice). A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

The Tennessee Supreme Court reinstated Williamson County lawyer Georgia B. Felner to the practice of law in Tennessee today. Felner was suspended by the court on June 28, 2019, for a period of three years, with a minimum 18 months to be served on active suspension and the remainder on probation, pursuant to Tennessee Supreme Court Rule 9, Sections 12.2 and 14.

NALBANDIAN, Circuit Judge. Tyler Smith pleaded guilty to conspiring to distribute methamphetamine. As a repeat offender, he faced a statutory mandatory minimum of 180 months. But because Smith cooperated, the government moved for a downward departure and a release of the mandatory minimum, which the district court granted. The district court then sentenced Smith to 158 months’ imprisonment. Smith now appeals, arguing that the district court improperly calculated the starting guidelines range for the downward departure. Finding no error, we affirm.

SUTTON, Chief Judge. In passing the Affordable Care Act, Congress created a “Shared Responsibility Payment” for individuals who did not purchase qualifying individual health insurance plans. Congress eventually eliminated the Payment. That development did not end debates over whether the Payment is a tax or a penalty. At issue today is whether the Payment amounts to a “tax . . . measured by income” under the Bankruptcy Code’s provisions for prioritizing the payment of some debts over others. We join the Third and Fourth Circuits in concluding that it is.

The Defendant, Thakelyn J. Tate, was convicted by a jury of conspiracy to possess more than twenty-six grams of cocaine with the intent to sell or deliver in a drug-free zone. See T.C.A. §§ 39-17-417(c) (2018) (subsequently amended) (possession of a controlled substance) (2018), 39-17-432 (2018) (subsequently amended) (drug-free zone), 39-12- 103 (2018) (conspiracy). The jury likewise determined that the Defendant committed a criminal gang offense, enhancing the felony classification of the conviction. See id. § 40- 35-121 (2019). The court imposed a fifteen-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support the criminal gang enhancement. We affirm the judgment of the trial court.

The Defendant, Johnathan Lee, was convicted in the Shelby County Criminal Court of attempted first degree premeditated murder in which the victim suffered serious bodily injury, attempted second degree murder, employing a firearm during the commission of a dangerous felony, two counts of burglary of a motor vehicle, and theft of property valued more than $1,000 and received an effective twenty-four-year sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions of attempted first and second degree murder, (2) his convictions of attempted first and second degree murder are inconsistent and mutually exclusive, (3) the trial court erred by denying his pretrial motion to suppress his recorded statement to police because he did not waive his Miranda rights voluntarily, (4) the trial court erred by admitting his recorded statement into evidence at trial because only a small portion of the statement was probative, (5) the trial court gave a misleading and incomplete jury instruction on self-defense and erred by refusing to instruct the jury on voluntary intoxication, and (6) the trial court erred at sentencing by considering an aggravated assault charge that had been dismissed and by giving his misdemeanor convictions too much weight. Upon review, we affirm the judgments of the trial court but remand the case for sentencing as to count one, attempted second degree murder, and entry of a corrected judgment.