TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 5, 2021

The TBA Executive Committee amended its recent COVID-19 Safety Protocols this week. Pursuant to the new policy, all in-person, indoor TBA events, meetings and programs will have the following restrictions effective immediately and until further notice:

  • TBA will comply with the more restrictive protocols and requirements of the host venue at the time of an event, meeting or program.
  • If there are no venue rules in place, TBA will, at a minimum, encourage masking for attendees.
  • TBA staff will wear masks when indoors at the office or at indoor events or meetings when not eating or drinking.
  • Social distancing may be required, and attendance may be limited to ensure compliance at all in-person events.
  • Attendees at in-person events will remain subject to TBA’s COVID-19 Safety Acknowledgement.
Posted by: Stacey Shrader Joslin on Nov 5, 2021
News Type: Legal News

A report recently released by the American Bar Association (ABA) shows that the FreeLegalAnswers website has surpassed the 10,000 volunteer mark. Sponsored by the ABA Standing Committee on Pro Bono and Public Service, FreeLegalAnswers.org is an on-line virtual legal clinic through which income-eligible clients can post civil legal questions to be answered by volunteer attorneys. Currently, 40 jurisdictions are live and an additional five have committed to participate. The report also found that 186,849 legal questions have been posed on the site since its launch in 2016, with the bulk related to family and children issues. Read more about these developments and how the site has helped clients during the pandemic and Celebrate Pro Bono Month. In Tennessee, the public may post questions on TNFreeLegalAnswers.

Posted by: Stacey Shrader Joslin on Nov 5, 2021
News Type: Your Career

The federal public defender in the Middle District of Tennessee is seeking two assistant federal public defenders in its Capital Habeas Unit. The individuals will be responsible for representing death-sentenced clients in federal habeas corpus proceedings. Candidates must be admitted to the practice of law and eligible for admission to the federal bar and the Tennessee bar. The ideal candidate will have experience dealing with capital litigation and mentally ill persons. Preference will be given to those who apply by Nov. 22. To apply, send a cover letter, resume, three references and a writing sample to TNM_HR@fd.org. Get full application instructions in this job announcement.

Posted by: Stacey Shrader Joslin on Nov 5, 2021
News Type: Upcoming

The Washington County Bar Association will hold its winter social on Dec. 6 from 6-9 p.m. at The Windsor Speakeasy in Downtown Johnson City. Admission of $20 per person includes beverages and heavy hors d'oeuvres. Tickets are limited to 50 people due to the size of the venue. RSVP online.

Posted by: Stacey Shrader Joslin on Nov 5, 2021
News Type: Legal News

Clio has released its 2021 Legal Trends Report, which finds that clients want more flexibility in meetings, communications and payment options with their attorneys. Clio CEO and co-founder Jack Newton announced the findings saying, “... the changes we’ve seen in the past year will be here to stay ... The idea of a bricks-and-mortar law office being the primary place that lawyer-client interactions happen is gone.” The survey also showed that consumer demand for communication with lawyers via portals, text messaging and mobile apps has grown as well. Finally, consumers indicated that online payments are their strongest preference for paying for legal services, the ABA Journal reports.

Posted by: Stacey Shrader Joslin on Nov 5, 2021
News Type: Legal News

Nashville leaders have been seeking to honor Diane Nash but after facing resistance to naming Public Square Park for her, Councilmember Nancy VanReece is proposing to rename the plaza in front of the city’s historic courthouse. The site provides entry to city hall and several courtrooms, and is often the site of rallies and demonstrations, WPLN reports. As a Fisk University student 60 years ago, Nash became a key player in the Nashville Student Movement, leading thousands of activists to that same plaza to protest discrimination by local businesses. The initiative to honor Nash is part of the city's efforts to recognize civil rights leaders. This week, a mural dedicated to John Lewis, who also was involved in the Nashville student effort and went on to become a key member of the national civil rights movement, was unveiled, News Channel 5 reports.

Posted by: Stacey Shrader Joslin on Nov 5, 2021

The Biden administration’s requirement that all employers with more than 100 workers mandate COVID-19 vaccines or impose regular testing for staff will officially take effect Jan. 4, 2022, but challenges have already begun. Tennessee Attorney General Herbert H. Slatery III and six other attorneys general today filed a petition with the U.S. 6th Circuit Court of Appeals challenging the mandate. The group is asking the court to stay the emergency rule issued by the Occupational Safety and Health Administration (OSHA). They argue that OSHA lacks statutory and constitutional authority to take action against risks that are equally prevalent at work and in society at large since Congress specified that the rule making authority was designed to protect employees from dangers at their work places. National Public Radio also reports that other suits are expected from various groups of attorneys general and governors. And legislative challenges have been introduced in the U.S. Congress by Republican Tennessee lawmakers. Rep. Tim Burchett has introduced the “Keeping Our COVID-19 Heroes Employed Act” to protect essential workers from termination under the mandate. Sen. Marsha Blackburn has introduced the same bill in the Senate, the Claiborne Progress reports.

Posted by: Stacey Shrader Joslin on Nov 5, 2021

The American Civil Liberties Union, Lambda Legal, a 14-year old transgender boy and others are suing Tennessee over its law banning trans students participating in school sports. The student, Luc Esquivel, is a freshman at Farragut High School in Knoxville, WCYB reports. Esquivel is seeking to try out for the school’s boys' golf team. This is the ACLU’s fifth challenge to an anti-trans law passed this year.

Posted by: Stacey Shrader Joslin on Nov 5, 2021
News Type: Your Career

The Knox County Commission is soliciting resumes from anyone interested in an appointment to the seat of Knox County General Sessions Court Judge Geoffrey Emery, who is retiring Dec. 31. The appointee will serve out the remainder of Emery's term, which expires in August 2022. Applicants must be licensed to practice law in Tennessee, be older than 30 years of age, have lived in Tennessee for at least five years, and have lived in Knox County for at least one year. Resumes should be submitted to the commission by 4 p.m. EST on Nov. 29. For more information, contact commission@knoxcounty.org or 865-215-2534.

Posted by: Stacey Shrader Joslin on Nov 5, 2021
News Type: TBA CLE

The TBA Federal Law Section will host a one-hour live virtual CLE on Dec. 8 from noon to 1 p.m. CST on the federal Economic Espionage Act. The program will look at the difficulties of prosecuting under the act and how prosecutors are turning to classic wire fraud and false statements criminal statutes to obtain convictions. The CLE will use the recent case of United States v. Anming Hu from the Eastern District of Tennessee as a case study. In that matter, the defendant’s motion for a judgment of acquittal was granted after a mistrial, and the defendant was acquitted on all counts.


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