TBA Law Blog


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Posted by: Paul Burch on Sep 19, 2023
News Type: Legal News

The federal courts will remain open and continue operations for at least two weeks should Congress fail to pass legislation to avert the fourth government shutdown in a decade, reports Reuters. The Republican-controlled U.S. House of Representatives and the Democratic-led Senate have until Sept. 30 to approve legislation to keep federal agencies open. Bills moving through Congress would give the federal judiciary a modest budget increase for 2024. Though most government functions would cease Oct. 1 should no spending measure be passed, the federal judiciary retains some ability to stay open by using court fee balances and other funds not dependent on congressional appropriations.

Posted by: Paul Burch on Sep 19, 2023
News Type: Legal News

Tennessee and 15 other states have been accused by the Biden administration of underfunding their historically Black land-grant universities by billions of dollars over the last 30 years, reports the Tennessean. A letter from the secretaries of education and agriculture to Gov. Bill Lee said Tennessee has underfunded Tennessee State University by $2.1 billion. That figure was the highest among all states that received letters. Land-grant universities were created by the Morrill Act of 1862 allowing the federal government to give states land that they could sell to fund a university that emphasized agriculture and "mechanical arts." In 1890, a second Morrill Act required states to either end racial discrimination at their land-grant colleges or create separate schools for Black students. Tennessee State was created by the second Morrill Act.

Posted by: Paul Burch on Sep 19, 2023
News Type: Legal News

Tennessee faces an epidemic of stolen guns from automobiles but statistics show the perpetrators are rarely caught and arrested, reports the Tennessean. Of 5,386 reported cases of guns stolen from cars statewide last year, less than 4% resulted in an arrest, according to numbers from the Tennessee Bureau of Investigation. The report also shows gun theft from a vehicle has among the lowest clearance rates for all theft-type crimes. A Tennessean report last month found that the majority of gun theft charges from 2022-2023 in Davidson County were dropped or dismissed due to lack of evidence. Attorneys noted a new law that stiffened the penalty for stealing a weapon from a misdemeanor to a felony has made cases harder to prosecute.

Posted by: Paul Burch on Sep 19, 2023
News Type: Legal News

Settlement talks to resolve a lawsuit claiming federal court officials mishandled a former North Carolina public defender's sexual harassment complaints collapsed yesterday, reports Reuters. The U.S. Department of Justice, which is defending the judiciary, said in a court filing that mediation with former public defender Caryn Devins Strickland aimed at averting a trial had ended without a deal. A federal appeals court last year revived Strickland's claims from her 2020 lawsuit that she was sexually harassed by a superior and was stonewalled in her efforts to have the judiciary address her complaint. Strickland's husband is acting as her lawyer after other attorneys left the case citing conflicts.

Posted by: Jamie Rhode on Sep 19, 2023
News Type: TBA CLE

TBA's Corporate Counsel Section will host two webinars this fall. The first, "Cybersecurity and Data Privacy: Regulations, Cyber Threats, and AI — Key Issues that Lawyers Must Understand" will take place Oct. 13 at noon CDT. The webinar will focus on data privacy and cybersecurity issues and the complex challenges that lawyers must understand to effectively represent their clients. Please join Baker Donelson attorneys Matt White and Alex Koskey for a discussion on critical legal and risk management considerations regarding the cyber threat landscape. The second webinar is scheduled for Dec. 7 at noon CST. Laura Chastain, ethics counsel for the Board of Professional Responsibility (BPR), will discuss the BPR's Formal Ethics Opinion 2022-F-168 regarding in-house counsel that reside and are licensed in other states. Registration will be available soon, so keep an eye on TBA's CLE calendar!

Posted by: Stacey Shrader Joslin on Sep 18, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti is warning of a new scam that utilizes a forged signature of Tennessee Department of Commerce & Insurance Commissioner Carter Lawrence to lure Facebook Marketplace shoppers into purchasing a nonexistent tractor. Skrmetti also announced a settlement with Tempoe LLC, which ends the company’s misleading leasing practices and relieves consumers of unfair payment obligations. Over the past several weeks, Skrmetti also has taken action on a range of matters. He joined colleagues from other states in urging the U.S. Congress to study AI and its harmful effects on children and enact the Protecting Hunting Heritage and Education Act; urging the FDA to ban flavored disposable e-cigarettes; and warning financial service providers that the Net Zero Financial Service Providers Alliance (NZFSPA) may violate state and federal antitrust and consumer protection laws.

Posted by: Stacey Shrader Joslin on Sep 18, 2023
News Type: Legal News

Cleotha Abston-Henderson is slated to have the first of his criminal cases go to trial in early 2024, Shelby County Criminal Court Judge Lee V. Coffee said Friday. The first trial will center on allegations that he raped Alicia Franklin in 2021. He has been charged with aggravated rape, aggravated kidnapping and unlawful possession of a firearm as a convicted felon in that case, the Commercial Appeal reports. After disposition of that case, Abston-Henderson will stand trial for allegedly kidnapping and killing Memphis teacher Eliza Fletcher in September 2022. The Fletcher case, Coffee said, should be tried by the end of 2024. Shelby County Deputy District Attorney Paul Hagerman said the Franklin case was set earlier given that the alleged offense took place almost a year before the Fletcher case.

Posted by: Stacey Shrader Joslin on Sep 18, 2023
News Type: Politics

Nashville Mayor-Elect Freddie O'Connell on Friday announced an initial set of advisers who will guide his transition into office. Among the group are local lawyers David Esquivel with Bass Berry & Sims, Bob Mendes with Sherrard Roe Voigt & Harbison and Junaid Odubeko with Bradley Arant Boult Cummings. The group will focus on three areas: how Nashville works, how Nashville moves and how Nashville grows, the Nashville Business Journal reports.

Posted by: Stacey Shrader Joslin on Sep 18, 2023
News Type: Legal News

Birmingham-based Bradley Arant Boult Cummings has tapped Nashville attorney A.J. Bahou to head its new practice group focused on artificial intelligence, the Nashville Post reports today. The cross-disciplinary AI Practice Group will advise companies on the creation, regulation and use of AI technology, including in the health care, technology and financial services sectors. Read more from the firm. Bahou is a frequent speaker at TBA education programs and serves as chair of the TBA's Special Committee on the Future Practice of Law and on the executive councils for the TBA’s Health Law Section, Intellectual Property Section and Law Office Technology & Management Section.

Posted by: Paul Burch on Sep 18, 2023
News Type: Upcoming

The Tennessee Department of Revenue will host a free live webinar Sept. 26 at 9 a.m. CDT to discuss recent changes to business tax law under the Tennessee Works Tax Act, which became law during the recent legislative session. Learn more or register here. The webinar is one in a series of educational sessions held by the department each month.


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