TBA Law Blog


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Posted by: Julia Wilburn on Apr 26, 2024

In the final days of the 113th General Assembly, the House passed SB2763/HB2035, which would block local governments from passing their own version of an extreme risk protection order. According to the Tennessean, Democrat members criticized the legislation as a power grab over local control and pointed out that Republicans blocked any substantive debate on the issue during the legislative session. Bill sponsor Rep. Jody Barrett, R-Dickson, said he brought the bill to maintain "consistency," but also noted an ideological opposition to red flag laws. The Senate passed the bill earlier this month. It now goes to Gov. Bill Lee for his consideration. In 2023, Lee had proposed an order of protection but the legislature did not consider it during a special August session that year.

Posted by: Berkley Schwarz & Julia Wilburn on Apr 26, 2024

TBA’s Government Affairs team was successful in shepherding all four of TBA’s legislative proposals through the Tennessee General Assembly before legislators adjourned for the year. The latest episode of Legislative Updates takes a closer look at all of the TBA's bills plus the franchise/excise tax bill and conference report. Listen to attorney and TBA lobbyist Berkley Schwarz and TBA lobbyist and Adams and Reese attorney Brad Lampley on the TBA's Facebook page or wherever you get your podcasts. Read more in our legislative report on bills covering indigent representation funding, the cost of electronic medical records, conservatorships, adoption clean-up and birth certificates in adoptions.

Posted by: Julia Wilburn on Apr 26, 2024
News Type: Legal News

Buddy Stockwell, executive director of the Tennessee Lawyers Assistance Program (TLAP), was recently a guest on The Legal Mindset Corner podcast. He discussed the unique mental health challenges that come with being a lawyer, having the courage to ask peers if they are okay, eliminating the stigma around substance use disorders and more. Listen to or watch the discussion on YouTubeSpotify or Apple Podcasts.

Posted by: Berkley Schwarz & Julia Wilburn on Apr 26, 2024

The Tennessee General Assembly adjourned the 2024 legislative session sine die on April 25 at 5:12 p.m. CDT. Notably, the House and Senate were unable to reach a compromise between their respective amendments to Gov. Bill Lee’s education freedom scholarship plan, thus causing the governor to pull the bill for the year. Legislators now return to their respective districts where the majority of them will soon engage in campaign preparations, given that half of the Senate and all of the House seats are slated for reelection. Read more about the legislature's action on the state budget, indigent representation fee increase and franchise tax law compromise.

Posted by: Julia Wilburn on Apr 26, 2024

Artificial Intelligence (AI) creates opportunities for health-related businesses in areas such as consumer engagement, patient monitoring, diagnosis and treatment decision augmentation, research and drug discovery, staffing, scheduling, revenue cycle management and more. These opportunities pose numerous challenges, with data privacy and security ranking high on the list. The path to AI success in health care includes a governance framework that reduces risks in a way that supports overall business and patient care goals. This free webcast on Monday will provide a brief overview of AI systems and discuss the privacy and security risks associated with using them in health care or wellness applications.

Posted by: Stacey Shrader Joslin on Apr 26, 2024
News Type: Passages

The Bankruptcy Section of the Memphis Bar Association will hold a celebration of the life and career for David S. Kennedy, the late U.S. bankruptcy judge for the Western District of Tennessee, on May 13 from 3-5 p.m. CDT. The event will take place at the Cecil C. Humphreys School of Law, 4th Floor Reading Room, 1 Front St., Memphis 38103. To attend, please email Johnell Goins no later than May 6. Kennedy died Nov. 26, 2023, at the age of 79. Memorial donations may be made through the University of Memphis Foundation to the Hon. David S. Kennedy Bankruptcy Achievement Award Fund (find the fund by clicking on the "search all funds" button). View an invitation to the event.

Posted by: Julia Wilburn on Apr 26, 2024
News Type: Upcoming

The U.S. 6th Circuit Court of Appeals will hold a Bench Bar Reception on April 30 from 4:30-6:30 p.m. CDT at the Tempo Hotel, 127 Rosa L. Parks Blvd., Nashville 37203. The event will occur during the court’s scheduled sitting in Nashville, April 29-May 3. RSVP here by April 28. The event will include a cash bar.

Posted by: Stacey Shrader Joslin on Apr 26, 2024
News Type: BPR Actions

The Tennessee Supreme Court on April 22 suspended 18 attorneys for failure to pay the annual registration fee; 11 of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2024 or access all administrative suspensions dating back to 2005.

Posted by: Stacey Shrader Joslin on Apr 25, 2024
News Type: Legal News

Shelby County Sheriff’s deputies relocated some inmates after a power surge broke cell locks at the Shelby County Jail, commonly referred to as 201 Poplar. Some doors were able to be manually locked. Others were not, so inmates in those cells were relocated. The locking mechanism, which is electric with a manual back-stop, broke in mid-April after a power surge, the sheriff’s office said. "This did not impact regular operations. The parts have been ordered," Lt. Joseph Fox, a public information officer said in a statement to the Commercial Appeal. No injuries were reported by inmates or corrections officers.

Posted by: Stacey Shrader Joslin on Apr 25, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti, alongside Arkansas Attorney General Tim Griffin, is leading a coalition of 17 States in suing the federal Equal Employment Opportunity Commission (EEOC) over its new rule mandating workplace abortion accommodations through an “illegal interpretation of the Pregnant Workers Fairness Act of 2022.” Read more in a release from Skrmetti's office.


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