TBA Law Blog


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Posted by: Laura Labenberg on Feb 17, 2025
News Type: Legal News

Nashville attorney Darius Walker Jr. will serve as the TBA Young Lawyers Division (YLD) president in 2027-2028. His election to the post was uncontested. After taking office as vice president at this summer's TBA Convention, Walker will become president-elect in June 2026 and president in June 2027. He has served as YLD treasurer for the last three years and is a member of the TBALL class of 2025. Walker earned his law degree from The University of Memphis Cecil C. Humphreys School of Law and is an associate at Ogletree Deakins in their Sports and Entertainment Industry Group. He has been recognized as a Best Lawyers: Ones to Watch in America for Civil Rights Law and Mid-South Super Lawyers Rising Star.

Posted by: Azya Thornton on Feb 17, 2025
News Type: Legal News

A federal judge is expected to rule that Germantown school officials may maintain a ban on Herbie, a seizure-alert dog they say has been more disruptive than helpful to a student with multiple disabilities, the Daily Memphian reports. U.S. District Court Judge Thomas L. Parker said in a hearing last week he would deny a request to lift the ban after the student’s parents filed a lawsuit in November. They claim Germantown officials violated federal disability laws in banning Herbie. The school district argues that the dog did not follow the student’s commands and “posed a danger” to him and other students. Parker found the school was not intentionally discriminating against the student by banning the dog. He said the official ruling will come soon but did not offer a timeline. “The ruling that I’m making today ... is not necessarily forever and always,” Parker said. “... Perhaps the court could revisit this question down the road.”

Posted by: Azya Thornton on Feb 17, 2025
News Type: TBA CLE

The TBA will host its 29th Annual Labor and Employment Law Forum on May 2 at the Bradley L. Barrett Training Center in Nashville from 8:30 a.m. to 3:30 p.m. CDT. The forum will provide insights into current labor and employment law topics. More information about topics and speakers now is available on the TBA website.

Posted by: Azya Thornton on Feb 17, 2025
News Type: Legal News

A recent ruling by U.S. District Court Judge Jon McCalla has raised concerns about the future of the Kendrick Consent Decree, a federal order that has long prevented the Memphis Police Department (MPD) from spying on citizens, the Commercial Appeal reports. McCalla's decision modifies the decree by replacing a private attorney who monitors police activities with two lawyers employed by the city of Memphis and assigned to the Memphis Police Department. Memphis lawyer Ed Stanton has been serving in the role since 2018. The ACLU of Tennessee, city outside counsel Bruce McMullen and Stanton support the change, saying the independent monitor role was not intended to be permanent. Others — including attorney Bruce Kramer, who first sued the city in 1976 over MPD’s illegal surveillance — argue that the shift risks undermining protections against civil rights violations. The Kendrick Consent Decree, established in 1978 after the MPD was found to have spied on political activists, has been crucial in safeguarding First Amendment rights, supporters say.

Posted by: Azya Thornton on Feb 17, 2025
News Type: Legal News

Aprio, a U.S.-based business advisory and accounting firm, and Radix Law, a full-service business law firm in Arizona, announced last week they have entered into an exclusive letter of intent to merge into Aprio Legal LLC, a full-service Alternative Business Service (ABS) law firm. The new firm will provide a holistic approach to serving entrepreneurs and business leaders, according to an Aprio press release. Both Aprio Legal and Radix Law are licensed by Arizona's ABS program, with Aprio receiving approval in May 2024 and Radix Law in 2021. The merger is expected to be finalized in late spring. Last month, KPMG — another accounting firm seeking to enter the legal services market — had its application put on hold after the state’s Supreme Court requested additional information.

Posted by: Azya Thornton on Feb 17, 2025
News Type: Passages

Springfield attorney Larry Wayne Simmons died Friday following a 46-year legal career. Simmons served as a corporal in the U.S. Marine Corps before earning his law degree at the Nashville School of Law. He began his career as an attorney in 1970 and later served as the Adams city attorney and as a city judge in Springfield. Funeral services will be held on Feb. 18. Visitation will take place from 11 a.m. to 2 p.m. CST in the chapel of Austin & Bell Funeral Home, 509 N. Walnut St., Springfield, TN 37172. The service will take place at 2 p.m. Burial will follow at Hillcrest Cemetery, 3141 US-31W., White House, TN 37188. Memorial donations may be made to St. Jude Children's Research Hospital, 501 St. Jude Place, Memphis, TN 38105, or to Churches of Christ Disaster Relief Effort, P.O. Box 111180, Nashville, TN 37222-1180.

Posted by: Azya Thornton on Feb 17, 2025
News Type: Legal News

The city of Johnson City agreed last week to pay $28 million to settle a lawsuit filed by multiple anonymous women who accused the city police department of failing to investigate a man who allegedly drugged and sexually assaulted dozens of women between 2018 and 2021. The department has denied allegations of corruption or bribery in the handling of the cases, according to WPLN News. The accused assailant, Sean Williams, is currently in jail on charges of producing child sexual abuse images and escaping police custody, though he has not yet been charged in connection with the women's allegations. The lawsuit is one of three accusing the police department of mishandling evidence that Williams was drugging and assaulting women for years. The city said it has since improved department practices, including adopting a new sexual assault investigation protocol and creating a "comfortable space" for victim interviews.

Posted by: Laura Labenberg on Feb 17, 2025
News Type: Legal News

Those interested in an appointed position on the TBA Young Lawyers Division's 2025-2026 Board should review available positions and complete the online application by Feb. 28. Get details on positions and a link to the application on the YLD's webpage.

Posted by: Azya Thornton on Feb 14, 2025
News Type: Legal News

About 30 religious organizations sued the U.S. Department of Homeland Security (DHS) in federal court Tuesday, challenging its recent decision to conduct immigration raids in places of worship. According to Bloomberg Law, the complaint filed in the U.S. District Court for the District of Columbia claims the revocation of a previous DHS policy that restricted immigration enforcement in or near places of worship violates the First Amendment's freedom of religion protections and other federal laws. The new lawsuit echoes and expands on arguments made in a similar lawsuit filed Jan. 27 by five Quaker congregations, which is currently pending in U.S. District Court in Maryland. A memorandum filed last week by the Department of Justice, opposing the thrust of the Quaker lawsuit, outlined further arguments that may also apply to the new lawsuit, AP News reports. The memo suggests that the plaintiffs' request to block the new enforcement policy is based on speculation of hypothetical future harm, making it insufficient grounds for issuing an injunction.

Posted by: Azya Thornton on Feb 14, 2025
News Type: TBA CLE

The 2025 Business Law Forum will take place on April 24 in Nashville, offering a full day of education and networking for Tennessee's business law community. The event will feature two sessions: "TN Business Law 101" in the morning, aimed at early career professionals and seasoned practitioners looking for a refresher, and "Advanced Topics" in the afternoon for those dealing with more complex legal issues. The morning session will cover topics like Tennessee-specific laws in debt financing and M&A transactions, entity formation and drafting lessons through a multi-firm panel. The afternoon will feature Vice Chancellor Travis Laster from the Delaware Chancery Court, followed by discussions on tax provisions in LLC and partnership agreements, and the ethics challenges of entity formation. Attendees can register for the full day or choose to attend just the morning or afternoon sessions based on their interests. For more information and to register for this event, visit TBA’s website


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