This appeal concerns a petition to terminate the parental rights of a mother to her young daughter. The trial court found by clear and convincing evidence that three grounds for termination existed as to Mother: (1) persistent conditions; (2) substantial noncompliance with a permanency plan; and (3) failure to manifest an ability and willingness to assume custody or financial responsibility. The trial court also found that termination was in the best interest of the child. The mother appeals. We reverse the trial court’s finding that clear and convincing evidence established the ground of substantial noncompliance with a permanency plan. However, we affirm its findings that the remaining grounds were proven and that termination was in the best interest of the child.

The U.S. District Court for the Western District of Tennessee and U.S. Rep. David Kustoff are inviting members of the legal community to attend a ceremony commemorating the naming of the courthouse at 111 S. Highland Ave. in Jackson as the James D. Todd United States Courthouse. The event will take place June 7 at 3 p.m. CDT. A reception will follow the ceremony. RSVP by May 17 to Cynthia Edwards, 470-312-3439. View the invitation. Kustoff's bill naming the courthouse passed the U.S. Congress in 2022. In a press release issued at the time Kustoff said, “For 36 years, Judge James Todd has displayed his faithfulness and commitment to the federal bench, to the legal profession and to the Constitution. Naming the courthouse for him “is a truly fitting tribute to such a respected jurist.”

Sen. Ken Yager, R-Kingston, has announced his candidacy for reelection to the Tennessee Senate. Yager, who serves in a key leadership role as the Chairman of the Senate Republican Caucus, is seeking a fifth term representing Senate District 12. In a statement, Yager said his tenure in the Senate has been “marked by a steadfast commitment to our community and local governments.” The LaFollette Press has his full announcement.

A Tennessee-based cleaning company has agreed to pay nearly $650,000 in civil penalties after federal investigators found the company employed at least 24 children at two slaughtering and meatpacking facilities, the U.S. Department of Labor has announced. Under the agreement, Fayette Janitorial Service LLC also must hire a third party to implement company policies to prevent the illegal employment of children and create a program for reporting concerns about child labor violations. The Labor Department obtained a preliminary injunction against the company in late February after an investigation discovered at least 24 children, including those as young as 13, were working overnight sanitation shifts at facilities in Iowa and Virginia. The Commercial Appeal has more from USA Today.

TikTok has sued to block a new law that requires it to divest from its parent company ByteDance or cease operations in the United States. The case likely will “spark a landmark clash over free speech, government power and the balance between open commerce and national security,” Reuters reports. The legal complaint argues broadly that the new law, which passed with bipartisan support, reflects an “extraordinary and unconstitutional assertion of power” that unfairly singles out TikTok. It also argues that the law puts all media at risk by circumventing free speech protections. U.S. officials have accused the company of sharing users' data with the Chinese government. The company has denied those claims.

The TBA’s Court Square Series is back with stops planned in Jackson, Cookeville and Chattanooga this spring and summer. The Jackson program will take place the afternoon of May 22 and feature Judge Christy Little discussing courtroom best practices, John Day covering law office management and ethics and Nancy Choate talking about estate planning. The Cookeville program will take place the afternoon of May 30 and feature a panel of three judges, Beverly Sharpe with the Board of Professional Responsibility and a legislative update with Nathan Ridley. The Chattanooga program will take place June 7 and feature Judge Marie Williams talking about courtroom best practices, Judge Barry Steelman discussing criminal law and Rob Malin providing an update on estate planning. The Court Square Series is intended to bring top speakers to local legal communities and foster relationships and collegiality among lawyers across the state.

Day three of Well-Being Week in Law focuses on career and intellectual well-being with the goals of finding personal satisfaction, professional growth and financial stability. Lawyers are encouraged to engage in creative or intellectually challenging activities that foster ongoing development. These include picking an area for personal growth and making a specific action plan for the next three months; building breaks into the work day to maintain focus, brain health and mental well-being; and swapping TV-watching for activites that foster growth. Get resources to help with each of these.

E-signature vendors offer legally-binding signing services clients can execute from anywhere. Use this chart to compare the vendors on key features. Find this and more in the Building a Firm section of TBA’s Law Practice Management Center.

The Corporate Transparency Act (CTA) has been in effect for four months, and the Financial Crimes Enforcement Network (FinCEN) began accepting beneficial ownership information (BOI) reports on Jan. 1, as planned. There were no last minute injunctions or catastrophic glitches with the FinCEN website[1], and the rollout appears to have gone relatively smoothly. The FinCEN website is informative and user friendly, and the filing process itself is relatively straightforward, especially for reporting companies with only one or two beneficial owners.

On March 1, a federal district court in the Northern District of Alabama declared the CTA unconstitutional and enjoined the government from enforcing the CTA against the plaintiffs in that action, which include members of the National Small Business Association as of March 1. A notice of appeal was filed by the government on March 11. In the meantime, the CTA remains applicable to all other reporting companies, which are still required to file BOI reports as provided in FinCEN's regulations. Two other lawsuits have been filed in Maine and Michigan and also challenge the CTA's constitutionality, and Sen. Tommy Tuberville, R-Alabama, has vowed to introduce legislation to overturn the CTA in its entirety.

As a refresher, the CTA requires many different types of business entities to report their beneficial ownership information to FinCEN. Reporting companies include corporations, LLCs, limited partnerships and other entities created by the filing of a document with a secretary of state or similar office. There are 23 exemptions, most of which exempt reporting for highly regulated industries (e.g., financial services). A few other notable exemptions are tax-exempt entities, large operating companies, publicly traded companies and inactive entities. Reporting companies in existence before Jan. 1, 2024, must file an initial report by Jan. 1, 2025. Reporting companies created on or after Jan. 1, 2024, and before Jan. 1, 2025, must file an initial report within 90 calendar days of formation. Beneficial owners are the individuals who ultimately own or control the reporting company. They include anyone who is a senior officer or owns at least 25% of a reporting company, directly or indirectly, or has any other form of substantial control over the reporting company.

FinCEN continues to issue new guidance regarding the BOI reporting process. The most recent update to its BOI Frequently Asked Questions (FAQs),[2] issued on April 18, consists of 14 newly issued FAQs and two updated FAQs on topics including the status and beneficial ownership of homeowners associations, beneficial ownership through trusts and corporate trustees, fluctuations in the size of a reporting company and how beneficial ownership information may be accessed by authorized recipients.

One of the biggest challenges for law firms is making sure clients are aware of the new reporting requirements and assisting clients with the filing process. Most accounting firms and financial advisors are not handling CTA work and are instead often advising clients to consult with their attorneys, since determining who the beneficial owners are for reporting companies with complex ownership structures can require careful legal analysis. Managing CTA work with clients is an evolving process, given the legal challenges to the CTA itself and the responsibility associated with making and updating BOI filings, and law firms will need to continue to develop robust CTA protocols to ensure compliance and manage risk.

Laura McKinney is a shareholder at Chambliss, Bahner & Stophel P.C. and a current executive council member of the TBA Business Law Section. She is chair of the Business and M&A practice groups at Chambliss and advises clients on a variety of transactional matters, including mergers and acquisitions, commercial contracting, entity formation and other business issues.

The annual Robert Ballow Excellence in Writing Awards were presented to Nashville School of Law (NSL) 4L students in April. Seven students were recognized for their performance in the Rigorous Writing Exercise (RWE) program. The RWE is a project all NSL students embark on as a requirement of graduation. Working with a volunteer mentor from the legal community, students research and write a 15-20 page paper on the topic of their choice. See the list of winners and read their work.