The Tennessee Ethics Commission voted Tuesday to dismiss a set of complaints against Republican state Sen. Brent Taylor of Memphis over public comments he made about “No Kings” protesters. The Tennessee Journal reports that the commission found that the grievances were outside the panel’s jurisdiction and warned against the “weaponization” of the body for political disputes.

TBA staff member Laura Labenberg has been promoted to the position of Director of the Young Lawyers Division and Law Student Development, a move applauded by both TBA and Young Lawyers Division (YLD) leadership. Labenberg joined the TBA in September 2022 in a coordinator role supporting the Young Lawyers Division (YLD) and law students across the state. She previously served as a professor of rhetoric at Hofstra University and executive director of an educational nonprofit in New York. Earlier in her career in higher education, Labenberg served as a grants coordinator and conference coordinator. She earned her doctorate in educational leadership and policy studies at Hofstra University. According to TBA Executive Director Sheree Wright, the promotion reflects Labenberg’s outstanding service to the TBA and YLD over the past three years.

Tennessee lawyers participated in the National College of Bar Presidents (NCBP) and American Bar Association (ABA) annual meetings over the past week. Among the many events was a reception hosted by the Tennessee Bar Association (TBA) to honor Sherie Edwards, who served as TBA president from 2021-2022 and treasurer from 2011-2018. Edwards retired as vice president of corporate and legal for State Volunteer Mutual Insurance Company last year. She is currently president-elect of the Nashville Bar Association and will take office as president later this year. She serves on the NCBP Executive Council and several not-for-profit boards, and will be starting a mediation practice later this fall. Thank you to our reception sponsors: Silver Sponsor Lewis, Thomason; Bronze Sponsors Belmont College of Law, Lincoln Memorial University Duncan School of Law and Wiseman | Ashworth | Trauger | Moore | Silvus; and Patron Sponsors Tasha Blakney, Katie Edge, Marcy Eason, Randy Noel, Charles Swanson and Danny Van Horn. Also during the Annual Meeting, Nashville lawyer and ABA House of Delegates Chair Jonathan Cole presided over that body, which considered a range of proposals. See photos and read more about the NCBP and ABA meetings.

Save the date for this year’s Disability Law Forum, which will take place Oct. 23 as a live virtual event. The program will run from 9 a.m. to 12:30 p.m. CDT. Stay tuned for more details coming soon to the TBA CLE website. Disability Law Section members enjoy discounted registration. Not a section member yet? Join here.

The deadline to file petitions to run to replace former U.S. Rep. Mark Green Ballot in the 7th Congressional District was Tuesday. The primary ballot is now set with 11 Republicans, four Democrats and four Independents. The group includes six sitting state representatives, according to The Tennessee Journal. WPLN looks at each of the candidates. Rep. Green resigned from Congress on July 20. The primary election is set for Oct. 7, with the general election scheduled for Dec. 2.

The Tennessee Board of Professional Responsibility (BPR) has cleared Davidson County District Attorney (DA) Glenn Funk of an ethics complaint filed by Comptroller Jason Mumpower, the Nashville Banner reports. The complaint related to the use of video cameras in the DA’s office and campaigning by staff. Following a September 2024 report by Mumpower’s office, the BPR launched a nine-month inquiry and found that the “complaint was without merit.” This follows Funk being cleared of any criminal wrongdoing by Attorney General Jonathan Skrmetti last year. “The summary dismissal of Comptroller Mumpower's complaint by the Board of Professional Responsibility and the clearance letter from the State Attorney General were the obvious conclusions to these investigations as General Funk's Office operates at the highest levels of professionalism and integrity,” said Greg Reed, who represented Funk.

The Tennessee Lawyers Assistance Program (TLAP) will host a free suicide prevention training using the QPR (Question, Persuade, Refer) method on Sept. 10 from 11:30 a.m. to 1 p.m. CDT. Participants will learn to recognize the warning signs of a suicide crisis and how to question, persuade and refer someone to help, similar to how CPR or the Heimlich Maneuver can save lives. The free session, limited to 20 participants, will include lunch and provide guidance on identifying common causes of suicidal behavior, helping someone in crisis and accessing support for oneself. For more information and to register, visit the TBA website.

BOGGS, Circuit Judge. In this interlocutory appeal from a district-court order granting class certification under Federal Rule of Civil Procedure 23(b)(3), we are required to grapple with two major issues of securities-fraud law. First, when may a plaintiff class be accorded a presumption of reliance under the Supreme Court’s decision in Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128 (1972), in a case that alleges both omissions and misrepresentations to argue for liability under section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. §§ 78a–78rr; id. § 78j(b), and United States Securities and Exchange Commission (“SEC”) Rule 10b-5, 17 C.F.R. § 240.10b-5? And second, under the Supreme Court’s decision in Comcast Corp. v. Behrend, 569 U.S. 27, 35 (2013), when has a district court conducted a “rigorous analysis” of whether a plaintiff class has established that “damages are susceptible of measurement across the entire class”? For the reasons given in some detail below, we hold that the class certification was defective on both grounds, though perhaps not fatally so, and remand for further consideration under the standards set out in this opinion.

JANE B. STRANCH, Circuit Judge. These consolidated petitions for review challenge a rule of the Federal Communications Commission imposing reporting requirements on telecommunications carriers in the event of data breaches involving customers’ personally identifiable information. Petitioners contend that the reporting requirements exceed the Commission’s statutory authority and violate the Congressional Review Act. For the reasons set forth below, we DENY the petitions for review.

NALBANDIAN, Circuit Judge. A jury found Matthew Mercer-Kinser guilty of his second child pornography crime. On appeal, he claims insufficient evidence supported his conviction, that the district court admitted unfairly prejudicial evidence, and that the child pornography statute is unconstitutionally overbroad, both facially and as applied to him. We reject each argument, so we AFFIRM his conviction for the knowing receipt of child pornography.