TBA Law Blog


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Posted by: Azya Thornton on Mar 5, 2025
News Type: Legal News

The Nashville Bar Foundation (NBF) honored the 2025 Class of Fellows on Saturday in Nashville. The NBF Fellows Program recognizes Nashville Bar Association members who have practiced for at least 10 years and have made outstanding contributions to the legal profession and public good while demonstrating a strong commitment to the foundation’s goals. Each year, the NBF provides funding for projects that align with its mission. The David Rutherford Award was presented to Judge Joe P. Binkley Jr., an honor given annually to a fellow who exemplifies professionalism, charitable contributions and a spirit of collegiality in the legal community. A full list of honorees and grant recipients is available in the NBF’s press release.

Posted by: Azya Thornton on Mar 5, 2025
News Type: TBA CLE

Elder Law Basics 2025, a virtual CLE program designed for attorneys new to elder law or seeking a refresher, will take place on April 10 from 10 a.m. to 3:15 p.m. CDT. The program will cover key aspects of elder law, with experienced practitioners providing insights on recent developments and best practices. Registrants will receive connection details and course materials the week of the event. For information and to register visit the TBA website.

Posted by: Azya Thornton on Mar 5, 2025
News Type: Legal News

Immigration enforcement activity at Nashville jails has surged in recent weeks, with Immigration and Customs Enforcement (ICE) increasing detention requests and taking more individuals into federal custody for deportation proceedings, the Nashville Banner reports. In February, ICE agents picked up nearly four times as many people from Nashville jails as they did in the same month last year. The Davidson County Sheriff’s Office does not directly contact ICE, but its booking system automatically sends arrest information to the agency. Under a state law passed last year, local law enforcement in Tennessee must honor ICE detainer requests, allowing the agency 48 hours to take an undocumented immigrant into custody. In February 2024, ICE made 33 detainer requests, taking 11 individuals into custody. Last month, the Sheriffs office received 75 requests, with 42 people later picked up by ICE agents.

Posted by: Azya Thornton on Mar 5, 2025
News Type: Legal News

Shelby County Commissioner Edmund Ford Jr., who was federally charged with bribery and tax evasion last week, has been placed on leave from his job with the City of Memphis, the Commercial Appeal reports. Ford, a senior financial literacy coordinator, provides virtual and in-person classes on credit, homeownership and investing. Earlier this week, Shelby County Mayor Lee Harris asked the Board of Commissioners to prevent Ford from proposing grants while facing criminal charges and said he plans to meet with legal authorities and county officials to determine any necessary further action, according to The Daily Memphian.

Posted by: Azya Thornton on Mar 5, 2025
News Type: Legal News

A former board member of Tennessee's Inmate Disciplinary Oversight Board and former Shelby County assistant district attorney has been indicted on statutory rape charges, the Commercial Appeal reports. Vanessa Murtaugh was indicted Feb. 27 on one count of statutory rape by an authority figure and one count of aggravated statutory rape. She resigned from the oversight board the next day. The indictment states that the victim was 17 years old at the time and that Murtaugh used her legal, professional or occupational status to facilitate the alleged crime. Murtaugh was booked into custody Monday, with bail set at $50,000.

Posted by: Azya Thornton on Mar 5, 2025
News Type: Legal News

In a Metro Council meeting on Tuesday, the body passed a bill on the second of three readings that would allow cooperation between the police department and private security cameras through surveillance technology such as Fusus. According to the Nashville Banner, unlike a version defeated last year, this legislation contains “guardrails” against certain use of video footage. Four amendments were made to the legislation such as requiring officers to document and justify camera access, independent audits of access records and a ban on AI-powered lip-reading. Amendments also limit police access to residential cameras and mandate the preservation of footage showing potential excessive force. The proposal won approval on the first reading in January and the third and final reading is expected at the next council meeting.

Posted by: Azya Thornton on Mar 5, 2025
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility today released a formal opinion that provides clarification on when a lawyer may divulge information when they are a victim of a crime by a client or prospective client. Formal Opinion 515 states that such disclosures are implicitly permitted under Model Rule 1.6 to allow for investigation, prosecution or other remedies. The exception also applies when the victim is someone associated with or related to the lawyer, provided the lawyer is a witness to the crime. The committee also noted that a client-lawyer relationship is unlikely to continue after such an incident and that lawyers typically must inform clients of the disclosure under Rule 1.4.

Posted by: Julia Wilburn on Mar 5, 2025
News Type: Legal News

Friday’s TBA Estate Planning & Probate Forum was a huge success with more than 280 in-person attendees. This forum remains the premier event for Tennessee planners and professionals of related practice areas. The daylong event featured expert speakers covering topics such as community property trusts, AI developments, a probate panel, ethics, legislative updates and much more. The continued growth is a testament to the topnotch programming, presenters and hard work of the Estate Planning Section leadership. Event sponsors were onsite to provide information regarding their organizations to TBA members. Thanks to presenting sponsor Holland & Knight, breakfast sponsor Magnolia Trust Company, lunch sponsor Pendleton Square, break sponsors FirstBank and Argent Trust, wifi sponsor ABA Retirement Funds, and exhibitors American Cancer Society, Case Auctions, Conservatorship Assocition of Tennessee, Cumberland Trust, Discovering Connections, Diversified Trust, Peachtree Planning, and Southeastern Trust. See pictures from the event.

Posted by: Azya Thornton on Mar 5, 2025

On March 18 at noon EDT, ABA Retirement will host a webinar for members on 401(k) fees. The session will cover types of fees, the impact of purchasing power, the relationship between services and fees and fiduciary obligations. It will also provide resources to help firms strengthen their fiduciary practices. For more information and to register, visit this link

Posted by: Julia Wilburn on Mar 4, 2025

The Tennessee Supreme Court on Monday reset execution dates for four men on death row after a five year pause in the procedure. The Tennessean reports that the court set the following dates: Oscar Franklin Smith, execution date May 22: Byron Lewis Black, execution date Aug. 5; Donald Ray Middlebrooks, execution date Sept. 24; and Harold Wayne Nichols, execution date Dec. 11. Gov. Bill Lee temporarily halted executions after a 2022 investigation found that the state had failed to follow the execution protocol it set in 2018. Gary Wayne Sutton, the fifth person who was scheduled to die before Lee's 2022 announcement, did not have his execution date set by the court. The state created new lethal injection protocol in December 2024 that would use a single drug, pentobarbital, replacing the three-drug cocktail previously used. In January, the U.S. Department of Justice rescinded its protocol that allowed single-drug lethal injections for federal executions.


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