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Posted by: Stacey Shrader Joslin on Jul 1, 2024

The Federal Bureau of Investigation (FBI) has issued a new warning for lawyers and law firms to be on the lookout for cybercriminals offering fake legal services to recover digital assets. Victims have reported losses totaling nearly $10 million in the last year. In one scam, a potential victim receives notification that a criminal investigation is pending against them for failure to report possession of a cryptocurrency to an anti-money laundering regulator. The consumer is then offered a settlement to avoid a criminal conviction and sent a link to pay. Experts say most victims will pay the fine and not tell anyone about it. Read more in a public service announcement from the bureau.

Posted by: Stacey Shrader Joslin on Jul 1, 2024

The Knoxville Bar Association and the U.S. Bankruptcy Court for the Eastern District of Tennessee, in partnership with Legal Aid of East Tennessee (LAET), will hold a Debt Relief Clinic on Aug. 17 to provide pro bono legal services to income-eligible consumer debtors in Knox, Blount, Loudon and Sevier counties. The clinic will begin at 8:45 a.m. EDT at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. Volunteer lawyers will conduct initial meetings with the clients to discuss their situations and options. Those interested in helping should register online.

Posted by: Stacey Shrader Joslin on Jul 1, 2024

Nashville has seen a recent string of violent suspects who have been released from custody after doctors determined they were mentally unfit to stand trial, but not a risk to themselves or others. In several recent cases, such individuals are alleged to have committed additional violent crimes after release. Two new state laws go into effect today to try to fix the system by mandating mental health evaluations and treatment for misdemeanor offenders and requiring automatic commitment for anyone deemed mentally unfit to stand trial. The Tennessean reviews three, high-profile cases. In related news, the paper also looks at concerns that the new laws will leave more people languishing in overcrowded jails due to the state’s lack of treatment programs and staffing for psychiatric beds.

Posted by: Stacey Shrader Joslin on Jul 1, 2024

Tennessee's ELVIS Act (Ensuring Likeness Voice and Image Security) went into effect today, ushering in a new era of legal ramifications for those who abuse artificial intelligence (AI) in their music-making process, the Tennessean reports. The new law enacts voice protections against deepfakes and unauthorized uses of individuals’ voices and likenesses. The paper conducted a dozen interviews with lawyers, tech companies and music trade organizations to find out what experts expect to happen in the coming months. Common themes among their findings? The ELVIS Act will lead to onslaught of legal action.

Posted by: Stacey Shrader Joslin on Jul 1, 2024

A federal judge in Texas on Friday temporarily blocked a Biden administration rule that would extend mandatory overtime pay to millions of salaried workers. U.S. District Judge Sean Jordan said the rule improperly bases eligibility for overtime pay on workers' wages rather than their job duties. The decision prohibits the U.S. Department of Labor from applying the rule to state workers in Texas pending the outcome of a wider legal challenge by the state. According to Reuters, Texas is seeking to strike the rule down nationwide. In the meantime, the Nashville Business Journal looks at the impact of the new rule on the rest of the country.

Posted by: Stacey Shrader Joslin on Jul 1, 2024

Youth residing in the Hamilton County Juvenile Detention Center recently presented artwork to the juvenile court. Under the tutelage of artist Olga de Klein and her colleagues, the young people created small, colorful pieces of art on three mosaic-style canvases. Hamilton County Juvenile Court Judge Robert Philyaw, Court Clerk Gary Behler, magistrates and staff gathered in the courthouse lobby to dedicate a display of the artwork. de Klein teaches weekly art classes in the detention center – a program that began in 2014. Since then, hundreds of Hamilton County youth have had opportunities to learn how to draw, sketch and paint, write poetry, engage in photography and more during the time they are detained. Chattanoogan.com has more on the story.Hamilton County Juvenile Court Judge Robert Philyaw, Court Clerk Gary Behler, Magistrates, and staff gathered in the courthouse lobby for dedication and display of artwork made by youth in the detention center.

Posted by: Stacey Shrader Joslin on Jul 1, 2024

A three-judge panel of the 10th U.S. Circuit Court of Appeals has allowed President Joe Biden to move forward with implementing a key part of a new student debt relief plan designed to lower monthly payments for millions of Americans, Reuters reports. The move puts on hold an injunction issued by a judge in Kansas last week. That judge had concluded that the Higher Education Act of 1965 did not clearly authorize the type of "unprecedented and dramatic expansion" of income-based repayment plans envisioned. The Saving on a Valuable Education (SAVE) Plan provides more generous terms than past income-based repayment plans, lowering monthly payments for eligible borrowers and allowing those whose original principal balances were $12,000 or less to have their debt forgiven after 10 years.

Posted by: Jarod Word on Jul 1, 2024

The TBA Appellate Practice Section on Aug. 1 will host a free Zoom webinar revisiting key historical precedents. Presenters Nate Kinard and Paul Krog will explore eight rulings from classic cases, analyzing their intriguing stories, colorful characters and profound legal impacts. The webinar will provide a fresh perspective on time-honored principles that all Tennessee appellate lawyers should know. Registration is required to receive the link. Participants may also receive 1.5 hours of general CLE credit for a $60 processing fee. Contact jword@tnbar.org with any questions.

Posted by: Jarod Word on Jul 1, 2024

The U.S. Supreme Court on Friday issued its ruling on Loper Bright Enterprises v. Raimondo, upending the 40-year-old Chevron doctrine. The doctrine, named after a previous Supreme Court decision, mandated federal courts concede to relavent agencies for interpretation of ambiguous laws. Proponents of Chevron contend that scientists, economists and other specialists have more expertise than judges in determining certain regulations. In Loper, the Supreme Court limited the broad regulatory authority of federal agencies, saying the Administrative Procedure Act (APA) requires courts to exercise their own independent judgment when deciding such cases. The APA, according to Chief Justice John Roberts, “makes clear that agency interpretations of statutes — like agency interpretations of the Constitution — are not entitled to deference.” The New York Times has provided a list of ways the ruling could affect the environment, health care, worker protections, food and drug safety, the financial sector and more.

Posted by: Katelyn Barham on Jul 1, 2024

While employees and employers have legitimate reasons to want to record work-related conversations, potential employees or even clients, they should be aware of the potential legal repercussions for doing so secretly. Federal and state wiretapping laws seek to protect parties in a conversation from being secretly recorded and to keep non-participants from “listening in.” Katelyn Barham breaks down the legality of recording phone and video chat conversations, the consequences of doing so without proper consent and best practices for companies who do business in more than one state are on the minds of many employers.


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