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Posted by: Chelsea Bennett on Aug 12, 2024

In case you missed it, recordings from the recent TBA Labor & Employment Law Forum are available on-demand as individual videos or in a convenient 1-Click CLE package. This package includes an overview of the Pregnant Workers Fairness Act and the PUMP Act. Holland & Knight's Stan Graham presents the much-loved Case Law Update session. Hear the latest wage and hour decisions and trends in a fun point/counterpoint presentation. There is also a session that provides an update from the EEOC, while the next session analyzes non-competes and employee restrictive covenants in Tennessee. There is also a dual credit Artificial Intelligence (AI) and the legal profession session. As always, Labor & Employment Law Section members receive a section member discount on both the individual videos and the 1-click package.

Posted by: Justin Gilbert on Aug 12, 2024

In this TBJ Select-exclusive article, authors Justin Gilbert and Sophie Bruce walk readers through the case of a student, W.A., who received individualized education programs (IEPs) for his severe dyslexia throughout his school career. Tragically, those IEPs focused on fluency and comprehension without first teaching W.A. the more basic, foundational skill of how to read. By his senior year in high school, W.A. still could not consistently spell his own name.

Posted by: Laura Labenberg on Aug 12, 2024

The TBA Young Lawyers Division, in conjunction with the Justice for All Tennessee Supreme Court Initiative, is hosting a Essential Documents for Essential Workers (EDEW) clinic from 9 a.m. to noon CDT on Aug. 26 at the Sumner County Fire Department located at 119 GFD Memorial Blvd. in Gallatin. The Toll Firm will be providing refreshments for volunteers. Please email gbenitone@raineykiser.com for more information.

Posted by: Laura Labenberg on Aug 12, 2024

At the TBA Convention in June, YLD Board members were asked to submit tips on incorporating wellness into their lives as attorneys. We will be sharing these tips and other wellness ideas over the next year. You may have just had a new fiscal year start or maybe you are working towards the end of the calendar year to reach your billing goals. Either way, things can be stressful! Try to take time for yourself by doing the following:

  • Find someone to talk to (without violating lawyer-client confidentiality of course!). Several young attorneys noted that they go to therapy, talk to friends or co-workers to reduce stress. Lawyering can be stressful, but you are not alone!
  • Other young attorneys recommended checking out the Calm app from your smartphone app store. Calm is a mindfulness and meditation app designed to help users reduce stress, improve focus and enhance overall well-being.
  • Be kinder to yourself by regulating your self-talk. If you are putting yourself down remember to ask the question, "Would I say this to my friend?" Give yourself the grace you would give to others.
  • Stand up! Monique Tello, M.D., a clinical instructor at Harvard Medical School in Boston stated in "Prevention," an online wellness publication, "that when we sit for prolonged periods, toxins also sit, which promotes damage to our blood vessels, increasing our risk for heart disease and related diseases." To counteract this, stand up once an hour.
Posted by: Laura Labenberg on Aug 12, 2024

The TBA and Memphis Bar Association (MBA) YLD groups will hold a YLD Judiciary Mixer on Sept. 19 from 5:30-7:30 p.m. CDT. Enjoy drinks and heavy hors d'oeuvres generously provided by NST Law at the law firm's office, 488 S. Mendenhall Rd., Memphis 38117. RSVP online by Sept. 16.

Posted by: Julia Wilburn on Aug 9, 2024

Attorneys are needed to staff two upcoming legal clinics in Knoxville. The Veteran's Legal Advice Clinic is scheduled for Aug. 14 from noon-1 p.m. EDT. This is a general advice and referral clinic which serves between 20 and 30 veterans in the community. A Debt Relief Legal Advice Clinic will be held Aug. 17 from 9 a.m.-noon EDT. If a client qualifies for and desires to file a bankruptcy petition, during the clinic the volunteer attorney and client will schedule a follow-up appointment to move forward with a case. Both clinics will take place at the Knox County Public Defender's Community Law Office, 1101 Liberty Street.

Posted by: Chelsea Bennett on Aug 9, 2024

In case you missed it, recordings from the recent TBA Business Law Forum are available on-demand as individual videos or in a convenient 1-Click CLE package. This package includes an interesting dual credit session for business lawyers that offers observations on professional responsibility and ethics using characters, transactions and business dealings from HBO Max's Succession. Another session features Tennessee Attorney General Jonathan Skrmetti, who provides an overview of important cases and developments that effect the practice of law, consumers and private business in Tennessee. Two sessions take a deep dive into the much discussed Corporate Transparency Act. The last session looks at the nonprofit and for-profit legal entities comprising the business of OpenAI (the developer of ChatGPT). As always, Business Law Section members receive a section member discount on both the individual videos and the 1-click package.

Posted by: Azya Thornton on Aug 9, 2024

COLE, Circuit Judge. Applicant Marta Lidia Tista-Ruiz De Ajualip is a native citizen of Guatemala who applied for asylum and withholding of removal for herself and on behalf of her three children and grandson, all of whom entered the United States on March 5, 2016.2 Marta’s family left Guatemala because they were afraid that Marta’s son-in-law, Marvin, would act on his threats to kill them. Because the Board’s denial of asylum and withholding of removal is inconsistent with this court’s precedent and other immigration authority, we grant Marta’s petition for review and remand for further proceedings.

Posted by: Azya Thornton on Aug 9, 2024

JOHN K. BUSH, Circuit Judge. In 2020, during protests led in part by the organization known as Black Lives Matter (BLM), plaintiff Eric Noble made the mistake of sharing an insensitive meme on his personal Facebook page. Only his Facebook friends, who numbered less than 100, could see his posting. He took down the meme less than 24 hours after it went up and after his mother had advised that he do so. But it was too late. Some of Noble’s Facebook friends who worked with him at the Cincinnati and Hamilton County Public Library (“the Library”) saw the post. They complained to the Library. After an investigation, Noble’s bosses did not think his quick removal of the meme was good enough that he should be forgiven. Instead, the Library terminated his employment as a security guard.

Posted by: Azya Thornton on Aug 9, 2024

A decision to grant rehearing en banc vacates the previous opinion and judgment of the court, stays the mandate, and restores the case on the docket as a pending appeal. Accordingly, it is ORDERED that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal.


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