The Tennessee Department of Correction (DOC) is proposing a $6.8 million increase to CoreCivic’s contract next year, raising the total payout to $244.5 million despite the company’s history of failing to meet contractual obligations and an ongoing federal civil rights investigation. Tennessee Lookout reports that CoreCivic, which runs four Tennessee prisons, has paid over $29.5 million in penalties since 2022 for issues like staffing shortages, with turnover rates reaching 146% last year. Trousdale Turner Correctional Center, a CoreCivic facility under federal scrutiny, has faced significant safety risks, including contraband smuggling and a 188% guard turnover rate.

Last week, U.S. District Judge Sean Jordan in Texas blocked a new rule from the Biden administration that would have expanded access to overtime pay to millions more salaried workers across the U.S. The Associated Press reports that the judge agreed with the state of Texas and a group of business organizations that the Department of Labor (DOL) exceeded its authority when it finalized the new rule earlier this year, ruling that the department could not prioritize employee wages over job duties when determining eligibility. The rule would have increased the threshold at which employers are required to pay overtime to salaried workers from $43,888 a year to $58,656 a year, marking the biggest increase in decades. Jordan had temporarily blocked the rule in June.

The TBA received the Excellence in Continuing Education Programming Award for the Young Lawyers Division's (YLD) "Rookie's Guide Series" from the Tennessee Society of Association Executives (TNSAE) at the group's annual meeting on Nov. 13. The curated series fills a unique need in the legal community, offering a “crash course” for young lawyers to learn the basics of a range of practice areas. Members of the TBA YLD suggested the series concept based on their own experiences in the first few years following law school. For many lawyers, the law school experience focuses on overarching legal concepts, but does not provide practical insights into the range of legal issues lawyers are asked to handle, leaving a gap following graduation. The series fills that gap by providing an honest look at the practice areas covered, including basic issues a lawyer should expect to encounter as well as the ethical and other pitfalls to avoid when handling cases in this area. TNSAE President Edithann Buckles Wadewitz presented the award to TBA's Executive Assistant Karen Belcher, who was at the award ceremony representing the association.

Four people have been arrested and charged in a drug smuggling scheme at the Shelby County Jail. Two corrections deputies, an inmate and the inmate's girlfriend were charged with bribery of a public servant, possession of contraband in a penal facility and possessing marijuana with the intent to distribute. The deputies were further charged with official misconduct. The Daily Memphian reports that Sheriff Floyd Bonner estimated that during the scheme, those involved made “thousands of dollars.” He also noted that smuggling occurs at prisons and jails around the country, requiring continual vigilance on the part of law enforcement.

The company Walton Tennessee and three of its investors have filed a lawsuit challenging a new state law set to go into effect Jan. 1, 2025, that will prohibit people living in China, Iran, North Korea and other countries subject to the International Traffic in Arms Regulations from owning land in Tennessee. The Tennessean reports that the law states that foreign owners have to divest their property by the start of the year or face criminal prosecution and civil penalties, including eventually losing their land without compensation. The plaintiffs are a U.S. citizen living in Shanghai, an Italian citizen living in Hong Kong and a U.S. citizen in South Carolina who say that they, along with other investors living in the U.S., will lose more than $100 million if the state takes their properties.

The TBA Criminal Justice Section will provide an upcoming CLE exploring how lawyers can ethically and effectively manage media relations in high-profile cases. Based on personal experience and real-world scenarios, News Channel 5 reporter Nick Beres along with former reporter turned lawyer Amy Mohan, criminal defense expert David Raybin and communications expert Eric Kowalczyk, will detail the balance between protecting a client's legal interests and shaping the public narrative. The session will address avoiding common pitfalls, complying with ethical obligations and utilizing communication strategies to safeguard both legal outcomes and clients' reputations. Learn more and register here. Criminal Justice Section members enjoy a discounted rate. Not a section member yet? Join here.

An article published today by The Washington Post examines the death penalty in America. Currently, the nation holds approximately 2,100 prisoners with death sentences, around half incarcerated in states with a moratorium on executions. Capital punishment is sanctioned in 27 states, many of which have paused executions because of court orders and inability to obtain drugs for lethal injections. This has led to a three-fold increase in the average amount of time condemned inmates spend on death row. The Post found that around half the inmates on death row were sentenced more than 25 years ago, with many prisoners dying of other causes or having their sentences commuted or overturned before they could be executed. Tennessee Gov. Bill Lee in 2022 paused all executions in the state pending a third-party review of lethal injection testing oversight. Lee has said he is working with the state Department of Corrections to resume capital punishment. There are currently 45 Tennessee inmates on death row.

Four Tennessee attorneys were inducted as fellows in the American College of Trial Lawyers (ACTL) at the group's annual meeting in Nashville in September. Charles Malone, a partner in K&L Gates' Nashville office; Donna Mikel, founding partner of Mikel & Hamill in Chattanooga; Christopher Poole, of counsel to Chambliss, Bahner & Stophel in Chattanooga; and Christopher Vescovo, managing partner of Lewis Thomason's Memphis office, were among the 88 inductees from the U.S., Canada and Puerto Rico. Fellowship in the ACTL, which was founded in 1950, is extended by invitation only to experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of 15 years trial experience before being eligible. Membership also is limited to no more than one percent of the total lawyer population of any state or province.

The Tennessee Bar Association will hold its first-ever Conference on Artificial Intelligence & the Law (TCAIL) in Nashville on Dec. 6. Today, TBA is announcing a special registration rate for the month of November and the final speaker line up. The day will begin with an introductory session presented by TBA AI Task Force Chair A.J. Bahou, followed by sessions on AI and the substantive practice of law, including how AI impacts legal research, document generation, e-discovery and more. Next up will be a dynamic judicial panel moderated by Tennessee Supreme Court Justice Sarah Campbell where judges and former judges like Penny White, Jimmy Turner and Tom Greenholtz will share insights into how AI can affect evidence evaluation. Afternoon sessions will address the ethical implications of AI in legal practice, led by Brian Faughnan, and close with an exploration of AI in digital evidence and investigations. Given the importance of learning more about this rapidly changing technological advancement and to make this innovative program accessible to all lawyers, the registration price has been reduced for the month of November to $150 for TBA members and just $100 for Law Tech and General Solo & Small Firm Section members. Non-members can attend for $350, which includes TBA membership! Don't miss out on this opportunity! Register today.

Still need to get continuing legal education hours before the end of the year? Then you will not want to miss the TBA's CLE sale starting tomorrow and running through the end of the month! Just in time for Thanksgiving, the TBA is expressing its gratitude to members by offering a 60% discount on three curated CLE packages of premium content! Choose from a three-hour package, 10-hour package or 15-hour package. Take advantage of this limited time deal from Nov. 19-30. Buy now and watch at your convenience through the end of the year. Interested in other programs? Check out all available courses or other packages from the TBA.