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Posted by: Azya Thornton on Oct 25, 2024

The Plaintiff sought specific performance related to a real estate transaction. The trial court denied relief, concluding that the series of papers introduced by the Plaintiff as a purported real estate contract between the parties did not constitute a valid contract. Furthermore, the trial court concluded that specific performance was inappropriate because the court could not discern hte terms of the purported contract. The Plaintiff appeals. We affirm.

Posted by: Azya Thornton on Oct 25, 2024

U.S. 6th Circuit Court of Appeals Judge Amul Thapar recently spoke in Washington, D.C., calling on donors and alumni to reconsider their financial support of law schools until they hire more scholars who embrace "originalism" and better equip lawyers to argue cases based on that legal doctrine. "Make no mistake: money talks," Thapar said, asserting that financial pressure can prompt changes in legal education. Reuters reports that Thapar also called out law schools for their perceived lack of conservative legal thought. He described today's law school curriculum as overly focused on "postmodern philosophy" and critical theory, arguing it does not prepare students for practice in today's courts.

Posted by: Liz Slagle Todaro on Oct 25, 2024

Mark your calendar for TBA's 2025 Day on the Hill and Big Shrimp Legislative Reception, which will be held March 19 in Nashville. The events give Tennessee lawyers an opportunity to meet with legislators and talk to them about issues important to the profession, including funding for indigent representation. Read more about the 2024 events and sign up to connect with TBA's Grassroots Advocacy Initiative and upcoming events.

Posted by: Azya Thornton on Oct 25, 2024

Tennessee's congressional delegation on Monday sent a letter urging U.S. House and Senate leaders to provide meaningful federal aid for farmers affected by Hurricane Helene. According to WKRN News, the letter called on Congress “to take swift and thorough action in appropriating critical funding” to meet the agricultural relief demands of states affected by Hurricane Helene like Tennessee, and added that the state received copious amounts of rain and runoff from surrounding states, acutely affecting the agriculture industry. Last week, the United States Department of Agriculture (USDA) estimated that farmers in affected states would receive over $233 million in indemnities, but Tennessee was not included in USDA’s estimated indemnity payments.

Posted by: Azya Thornton on Oct 25, 2024

The Governor’s Council for Judicial Appointments will consider six applicants when it meets Nov. 18 in Jackson to select nominees for the Court of Appeals Western Section vacancy. The applicants are Tony A. Childress, Steven W. Maroney, James R. Newsom III, Jeffrey E. Nicoson, Craig P. Sanders and Valerie L. Smith. The public hearing for this position will be Nov. 18 at 9 a.m. CST in the courtroom of the Tennessee Supreme Court Building, 6 Hwy 45 Bypass, Jackson 38301. The commission is expected to vote immediately following the interviews and forward three names to Gov. Bill Lee for his consideration. The vacancy on the court will occur Jan. 4, 2025, following the retirement of Judge Arnold B. Goldin. Learn more about the candidates in a press release from the Administrative Office of the Courts.

Posted by: Azya Thornton on Oct 25, 2024

The overall crime rate in Memphis dropped 10.6% through the first three quarters of 2024 compared to the same period in 2023, according to data the Memphis Shelby Crime Commission released Thursday. The Daily Memphian reports Memphis saw a 2.6% drop in its major violent crime rate and a 20.3% decline in its major property-crime rate from January to September of this year. Robberies, murders and rapes decreased by 22.5%, 11.5% and 8.8%, respectively. The commission, an independent nonprofit, calculates rates based on incidents or victims per 100,000 residents. While countywide figures are not yet available, the commission expects to release them soon, the paper reports.

Posted by: Azya Thornton on Oct 25, 2024

The Tennessee Department of Correction (TDOC) will conduct its annual “Operation Blackout” on Halloween to monitor sex offenders on probation and parole, Fox Chattanooga reports. Officers across the state will visit the homes of sex offenders whose convictions involve children to ensure they are abiding by any restrictions imposed by their probation or parole. Offenders are prohibited from distributing treats to children and from being present at any home where items are being distributed to trick-or-treaters. There are more than 26,000 registered sex offenders in the state with 5,000 of them under state supervision. TDOC plans to visit the homes of several hundred high-risk sex offenders.

Posted by: Azya Thornton on Oct 25, 2024

The TBA’s General, Solo & Small Firm Section hosted a networking reception at Fait La Force Brewing in Nashville yesterday. The event brought together attorneys for conversation and camaraderie. A big thanks to section leaders Crystal Cole and Emma Elliott who helped organize the event and to David Anthony with Exo Legal for sponsoring. Want to be more involved in TBA’s General Solo & Small Firm Section? Attorneys interested in joining the section can sign up for exclusive programming, CLE discounts and networking opportunities. See a picture from the event.

Posted by: Jamie Rhode on Oct 25, 2024

As corporate in-house counsel, you are your company's navigator through the complex legal landscape that modern corporations must traverse. Your role is pivotal in steering the organization clear of legal pitfalls while ensuring compliance and safeguarding its interests. The challenges you face are diverse, reflecting the multifaceted nature of today's business environment.

Here, we delve into a collective list compiled by the executive council of the Corporate Counsel Section of the top legal issues that are most likely to demand your attention and expertise:

  • Contract review/negotiations across divisions,
  • Contract management,
  • Corporate subsidiary/affiliate shared services,
  • Designing and implementing legal training,
  • FLSA rules,
  • Compliance with internal policies and procedures,
  • Competitive pay/pay equity,
  • Multi-state licensing requirements,
  • Corporate governance and entity management,
  • Data security requirements and data privacy hygiene, and
  • “Fringe tasks” (a.k.a., tasks that don’t fit squarely in any department but they sound kind of legal-related so the legal department takes responsibility).

In-house counsel plays a critical role in addressing these challenges, requiring a proactive and strategic approach to legal management. By staying informed and prepared, you can navigate these legal issues effectively, protecting and advancing the interests of your organization. If you have thoughts, questions or concerns about these or any other facet of in-house practice, we encourage you to utilize the TBA Section Talk discussion forum to connect with other in-house attorneys. Instructions for signing up to the forum and how to access it are available on TBA's website.

Posted by: Laura Labenberg on Oct 25, 2024

TBA YLD Immediate Past President Quinton Thompson and YLD Board Member Constance Brown were honored by the Ben F. Jones Chapter of the National Bar Association (NBA). The Memphis attorneys received their awards at the 2024 Barristers' Ball: A Night at the Oscars. Brown was awarded the A.A. Latting Award for Community Service. Arvis "A.A" Latting was one of the few Black lawyers practicing in Memphis in the 1940s and was also a professor at LeMoyne-Owen College where he mentored the “Founding Five” members of the NBA's Memphis Chapter, including Ben F. Jones. Thompson received the newly established Ricky Wilkins Young Lawyer of the Year Award. This prestigious award recognizes an exceptional attorney who is under the age of 40 or has less than 10 years of legal practice. The award honors the legacy of Wilkins who epitomized outstanding contributions to the legal profession, dedication to professional excellence and commitment to service within the community or the broader legal field. See photos from the event.


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