TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 26, 2023
News Type: Legal News

The U.S. Supreme Court’s strike against affirmative action is expected to be a boon for U.S. law firms as they respond to a rise in demand for advice about how to comply and guard against new legal challenges, Reuters reports. Firms with higher education, anti-discrimination and employment practices tell the news source they have seen an uptick in business since the court ended consideration of race in college admissions. While the case had no direct effect on employers, attorneys told Reuters that corporations also have been seeking advice on diversity policies given their concerns about lawsuits being filed in the wake of the ruling.

Posted by: Stacey Shrader Joslin on Jul 26, 2023
News Type: Legal News

The Tennessee Education Association (TEA), the state’s largest teachers union, is suing in federal court to block the “prohibited concept” law of 2021, the Tennessee Journal reports. The suit, brought against the state education commissioner and members of the state board of education, challenges the constitutionality of the law for its vague language and subjective enforcement. The suit also claims the law interferes with “instruction on difficult but important topics” included in state standards, which were “developed and approved by Tennesseans.” The TEA is asking the court to issue a permanent injunction against enforcement of the law and declare the law unconstitutional under the 14th Amendment.

Posted by: Stacey Shrader Joslin on Jul 26, 2023
News Type: TBA CLE

If you missed Stuart Teicher's presentation "From Bach to Beyonce: What Musical Arrangements Teach About Legal Writing" in June, the webcast will replay this Friday from noon to 1 p.m. CDT. Join Teicher to learn how to tackle the hardest part of legal writing: the organization phase. Among other topics, he will talk about how to create a "mind map" and get into details about outlining your work.

Posted by: Paul Burch on Jul 25, 2023
News Type: Legal News

A federal judge in California has blocked a new Biden administration rule limiting access to asylum, reports WKRN-Nashville. The decision will take effect in two weeks. In his ruling, U.S. District Court Justice Jon Tigar referenced U.S. asylum law, writing that the new policy undermines the clear intent of Congress in establishing a safe haven for those fleeing persecution and danger. The ruling is a loss for the Biden administration, which had required that asylum-seekers must first seek the protections of another country along their route to the U.S.

Posted by: Paul Burch on Jul 25, 2023
News Type: Legal News

President Joe Biden says his administration is moving forward with new regulations meant to push insurance companies to increase their coverage of mental health treatments, the Associated Press reports. The new rules would require insurers to study patient outcomes to ensure mental and physical health benefits are administered equally. The proposed regulations still need to go through a public comment period,

Posted by: Paul Burch on Jul 25, 2023
News Type: BPR Actions

Davidson County lawyer Kevin McLean Kelly received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court today for violating Rule of Professional Conduct 1.3 (diligence); 1.4 (communication); 1.16 (terminating representation); and 3.2 (expediting litigation). Kelly failed to stay abreast of a Tennessee Court of Criminal Appeals opinion issued on Nov. 30, 2020, failed to apprise his client of the opinion and failed to preserve his client’s right to appeal. Kelly also did not timely withdraw from the representation, which would have allowed his client to retain new appellate counsel or proceed pro se.

Posted by: Paul Burch on Jul 25, 2023
News Type: BPR Actions

Knox County lawyer Darren Vincent Berg was temporarily suspended from the practice of law today in Tennessee. The court took the action upon finding that Berg poses a threat of substantial harm to the public. Berg is immediately precluded from accepting any new cases and must cease representing existing clients by Aug. 24. After that date, Berg shall not use any indicia of lawyer, legal assistant or law clerk, nor maintain a presence where the practice of law is conducted.

Posted by: Paul Burch on Jul 25, 2023
News Type: Legal News

The attorney general’s office of consumer protection is advising student loan borrowers that due to a Department of Education announcement on June 14 automatically discharging certain qualifying student loans, borrowers should be on the look out for companies offering relief that they cannot provide. For information about your federal student loan or to learn if you qualify for the Department of Education’s loan programs, visit the Federal Student Aid website.

Posted by: Paul Burch on Jul 25, 2023
News Type: Legal News

Two transgender patients whose medical records were acquired as part of an investigation into potential billing fraud at Vanderbilt University Medical Center (VUMC) have filed a class-action suit against the hospital in chancery court, reports the Nashville Scene. The suit alleges the medical center shared the patient’s medical information in violation of hospital privacy policies and the Health Insurance Portability and Accountability Act (HIPAA). In addition, the suit alleges, “VUMC knew about the State’s active targeting of the transgender community.” The suit goes on to claim some of the patient records that were disclosed were not patients of the VUMC Transgender Health Clinic; that patient’s personal information was not protected; and that patients were not informed their records had been acquired by the Tennessee attorney general’s office.

Posted by: Paul Burch on Jul 25, 2023
News Type: Upcoming

The TBA Attorney Well Being Committee will present a free webinar, Ready for Wellness? Taking Next Steps Into Therapy, tomorrow from 2:30-3:30 p.m. CDT. The webinar will provide insight into how to find a therapist who fits your individual needs. Register here to learn more about the guest speakers.


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