A new law sponsored by state Sen. Ken Yager, R-Kingston, and Rep. Ed Butler, R-Rickman, strengthens penalties for indecent exposure by inmates in correctional facilities from a Class A misdemeanor to a Class E felony. The new law aims to protect prison staff by cracking down on misconduct by inmates and reduce the number of incidents. At the time of its passage, Yager said, “Indecent exposure has no place in our correctional facilities, and unfortunately, this misconduct has become an increasing method for inmates to abuse and harass correctional staff.” Since the law went into effect July 1, the Tennessee Department of Corrections has identified 109 inmates across the state who could be charged under the new law. It will be up to local district attorneys to decide whether to charge and prosecute these cases, the LaFollette Press reports.

Knox County Assistant District Attorney Robert DeBusk resigned Tuesday following allegations that he lied under oath about violating attorney-client privilege by accessing protected communications between inmates and their defense attorneys. DeBusk was suspended after questions arose about his improper access to an email and a recorded voicemail from jail inmates to their attorneys, raising concerns about his handling of privileged information. Knox News has the story.

Legal Aid Society of Middle Tennessee, Belmont Law, TBA YLD, the Davidson County Criminal Clerk’s Office and Tennessee Justice Center are partnering for two expungement clinics on Nov. 9 from 10 a.m. to 1 p.m. CST. One will take place at Belmont Law while the other will take place at the Tennessee Justice Center. The clinics are part of the Capitol City Pro Bono challenge. Volunteers are needed at both locations. Sign up using this form. Contact squintero@las.org or ginny.blake@belmont.edu with questions.

The Southern Environmental Law Center (SELC) last week sued the Tennessee Valley Authority (TVA) in the U.S. District Court for the Eastern District of Tennessee. The lawsuit, filed on behalf of three environmental groups, claims that the TVA spent millions on the gas plant through agreements with pipeline operator Enbridge and GE before it studied negative environmental effects or renewable energy alternatives, or received community feedback, Knox News reports. The suit also alleges that the agreements, and a 2022 contract for combustion turbines from GE, violate the National Environmental Policy Act (NEPA). Kingston was the site of the catastrophic coal ash spill in 2008 which resulted in more than a decade of litigtation over safety violations between workers and their families and Jacobs Solutions. A settlement was reached in 2023.

The TBA's Law Office Technology & Management Section is presenting the latest installment of it's law tech webcast series on Nov. 19 from 1:30 p.m. to 2:15 p.m. CST.  In "Our Era of AI: Responsible AI & Microsoft Copilot," attorneys will learn about how Microsoft embraces Responsible AI in its development of AI solutions and how the Microsoft legal department uses the Microsoft Copilot AI solution to achieve more. For more information or to register visit the TBA’s website.

The Shelby County District Attorney's office last week announced that a new bail-setting form will include a “law-enforcement notes” section, replacing the previous bond-recommendation section. The form will include information on a defendant’s evidence of flight, evasion, violence, other crimes and other relevant information. The Daily Memphian reports that the new bail-setting form is the latest change to Shelby County’s bail-setting process, which has received criticism from local residents and state legislators who claim it often does not do enough to protect the community.

Lawyers and legal professionals witnessed a sea change in technology recently, and the pace is not slowing. Use this checklist as a starting point for analyzing the training needs of your firm and building an effective, lasting infrastructure that empowers employees to learn. Find this and more in the Management Section of TBA’s Law Firm in a Box.

TBA Intellectual Property (IP) Section and Entertainment & Sports Law Section members are invited to a combined section networking happy hour event at Hi-Fi Clyde's in Nashville on Nov. 7 from 5-7:30 p.m. CST. Have a drink (or two) on the TBA and meet fellow IP and Entertainment & Sports Law Section members! There are a variety of games available at Hi-Fi Clyde's including foosball, shuffleboard and ping pong.  Please complete the RSVP, so we can better track the expected number of guests.

We hope to see you there!

TBA's annual Hot Topics in Real Estate seminar, presented in partnership with the Tennessee Land Title Association, will be held virtually on Nov. 8 from 9 a.m to 4:15 p.m. CST. Topics will include powers of attorney, the new FINCEN rules, AI and the annual case law and legislative updates. Participants include Al Frazier with Fidelity National Financial Title Group, Ryan Martinez with Alliant National Title Insurance, Dr. Susan Tanner with the University of Louisville Brandeis School of Law, and Charles Welch Jr. with Phelps Dunbar. Real Estate Section members enjoy discounted registration fees. Not a member of the section? Join here.

SUTTON, Chief Judge. Nicholas and Stacy Boerson submitted crop insurance claims to Great American Insurance Company after a disappointing corn and soybean harvest. When the insurer declined to cover the claims until the resolution of a federal fraud investigation, they sued for breach of contract, bad faith adjustment, and violations of Michigan and federal insurance laws. We affirm the district court’s dismissal of all of the claims, some of them due to lack of subject matter jurisdiction, others due to a binding arbitration clause.