DOJ Sues TikTok Over Online Privacy, Gets Support for Divesting Requirement

The U.S. Department of Justice (DOJ) has filed a lawsuit against TikTok and parent company ByteDance for failing to protect children's privacy on the social media app, The Hill reports. The government says TikTok violated the Children's Online Privacy Protection Act, which requires that services aimed at children obtain parental consent to collect personal information from users under age 13. In related news, a group of 21 states and more than 50 U.S. lawmakers on Friday backed the DOJ in another TikTok case defending a federal law that requires ByteDance to sell TikTok's U.S. assets by Jan. 19, 2025, or face a ban. Read the filing in that case.

Bradley Announces New Practice Group Leaders in Nashville Office

Bradley Arant Boult Cummings recently announced Scarlett Singleton Nokes as the new leader of its Government Enforcement and Investigations Practice Group and John P. Rodgers as the new leader of its Labor & Employment Practice Group. Both are partners in the firm’s Nashville office. Nokes is a former federal prosecutor in Birmingham, Nashville and Savannah, and now represents clients in a range of matters related to internal investigations, internal risk analysis, government investigations, white-collar criminal defense, regulatory and compliance issues, civil litigation matters, and enforcement actions. Rodgers handles employment-related litigation and counsels clients on termination and disciplinary decisions, as well as issues related to the Americans with Disabilities Act, Fair Labor Standards Act and Family and Medical Leave Act. He assists employers with transactional needs and devotes substantial attention to ERISA litigation.

New Law Requires Parental Consent for School Nurses to Treat Non Emergencies

Schools across the state are opening this week and school nurses are learning about a new "consent to treat" law that went into effect July 1. School nurses will no longer be able to provide non-emergency care without a signed parental consent form on file. Emergencies are the exception to the new requirements. The Nashville Banner reports that alleged violations of the law could result in the nurse losing her license or facing a civil lawsuit. Sen. Ferrell Haile, R-Gallatin, sponsored the Families’ Rights and Responsibilities Act and said that the intent of the bill was “not to change current practice” but instead to recognize the rights of parents to control the education and medical treatment of their children.

Black, Minority Farmers Receive Federal Grants Following Lending Program Discrimination

Federal grants have been issued to more than 1,500 Black and minority farmers, ranchers and forest landowners in Tennessee who experienced discrimination in U.S. Department of Agriculture farm lending programs prior to January 2021, reports the Tennessee Lookout. Funds were granted to 626 producers and 958 individuals in the state who had planned to start a farming or ranching operation, for a total of 1,584 awardees. National Black Farmers Association President John Boyd called the payouts "historic" in a statement posted to the association’s website. While the statement describes the application process as “lengthy and complex, compounding the pain and frustration felt by many farmers,” Boyd said it was worth it in the end.

Federal Judge Finds Google Violated Antitrust Law

Tennessee Attorney General Jonathan Skrmetti has announced a “major bipartisan win” in federal court against Google following a ruling from U.S. District Court Judge Amit Mehta that Google violated federal antitrust law, specifically Section 2 of the Sherman Act, regarding the monopolization of its search and advertising business. In a statement released today, Skrmetti said, “I’m proud my Office was part of the trial team that successfully proved Google is an illegal monopolist. We will continue to work alongside our AG partners and the Department of Justice’s Antitrust Division to protect consumers from Google’s anticompetitive conduct.” Reuters has more on the ruling.

Former TBA President Named to NCBP Council

Former TBA President Sherie Edwards was elected to the executive council of the National Conference of Bar Presidents (NCBP) during the group’s Annual Meeting in Chicago last week. The NCBP — a nonprofit founded in 1950 to provide resources and training for state and local bar association leaders — met in conjunction with the American Bar Association (ABA), ABA Young Lawyers Division and National Association of Bar Professionals. See a photo from the meeting.

Edwards (left) with TBA President Ed Lanquist

TBA Wins 2024 Educational Outreach Award for Its Reporters Workshop

The TBA’s Reporters Workshop — a two-day event designed to educate journalists about the Tennessee legal system and issues related to media law — has received a Community & Educational Outreach Award from the National Association of Bar Executives (NABE) and LexisNexis. TBA Executive Director Sheree Wright was on hand to accept the award at a luncheon in Chicago as part of the NABE’s 2024 Annual Meeting. The program brings selected journalists to Nashville each April for sessions centered on investigative journalism, Tennessee's Open Meetings and open records laws, reporter's privilege, defamation, and covering courts and state and local governments. Produced jointly by the TBA and the Tennessee Association of Broadcasters, the program also is made possible by the generous support of the Tennessee Press Association and several Tennessee law firms. See a photo from the awards luncheon.

Paid Opportunity for July 2024 Bar Examinees

July 2024 bar exam takers have a paid opportunity to participate in a prototype exam for the upcoming NextGen Bar Exam. The pre-test will be held in October across 32 jurisdictions and will offer participants $1,500 each. While a good-faith effort is required, applicants do not need to specifically study for the exam. Those interested should ensure their contact information is up to date with the National Conference of Bar Examiners (NCBE) and their local jurisdiction's bar examiners, as application details will be sent out on Aug. 19. The Tennessee Supreme Court announced in April that the NextGen test will be administered in Tennessee starting in July 2027.

Lauren Castor Named TLAP Clinical Director

Lauren Castor has been promoted to the position of Tennessee Lawyers Association Program (TLAP) clinical director. Castor has been a clinical case manager for the program since March 2021. In a release from TLAP, Executive Director J. E. "Buddy" Stockwell III said that Castor’s advancement is marked by years of excellent service and recent licensure by the state as an LPC-MHSP (temp). “Lauren is dedicated to supporting TLAP’s mission of providing excellent clinical support tailored specifically to the demanding needs of lawyers, judges and law students. Her clinical leadership will continue to generate advances in TLAP’s mission to provide confidential assistance, help to support fitness to practice law and education about mental health challenges in the legal profession,” he said.

Memphis Nonprofit, ACLU Sue Over State Bail Law

Memphis nonprofit Just City, along with the American Civil Liberties Union of Tennessee, has sued officials in Shelby County's criminal justice system over a state law that prevents judges from considering a defendant’s financial condition when setting bail. The groups allege that the new law, enacted in May, unconstitutionally subjects arrestees to "discriminatory wealth-based detention" in violation of due process and equal protection guarantees. The filing argues that not considering someone’s ability to pay bail will result in widespread pretrial detention of people who do not need to be detained for the safety of the community. Prior to enactment of the law, Shelby County officials required judges to use an "ability-to-pay calculator" to determine affordable bail. The suit, filed in federal district court, seeks an injunction to block the law, effectively reinstating the previous practice, the Commercial Appeal reports. Read more and access the filing from the ACLU.

U.S Senate Approves Major Federal Judiciary Expansion

The U.S Senate has unanimously passed the JUDGES Act, which would add 66 new judgeships to federal district courts over the next decade. Above the Law reports that the effort aims to address a growing caseload and alleviate the burden on overworked judges in 25 district courts in 13 states. The bill, if enacted, would be the first major expansion of the federal judiciary since 1990. Delaware Sen. Chris Coons, a lead cosponsor of the legislation, stated, "For decades, Congress has failed to authorize new federal judgeships, creating a massive backlog of case filings for our nation’s federal judges." The bill now goes to the U.S. House of Representatives.

Ogles Confirms FBI Confiscated His Cell Phone

In an ongoing investigation into U.S. Rep. Andy Ogles' campaign finance disclosures, the Maury County Republican has confirmed that the FBI had taken possession of his cell phone. “It has been widely reported for months that my campaign made mistakes in our initial financial filings,” Ogles said in the post made to X, formerly known as Twitter. “We have worked diligently with attorneys and reporting experts to correct the errors and ensure compliance going forward. It is my understanding that they are investigating the same well-known facts surrounding these filings." An FBI spokesperson declined to comment. The Tennessean has the story.

Nashville Lawyer Becomes Chair of ABA House of Delegates

Jonathan Cole, a lawyer with Baker Donelson in Nashville, became chair of the American Bar Association (ABA) House of Delegates at the conclusion of the 2024 ABA Annual Meeting in Chicago. As chair of the House of Delegates, the ABA’s policymaking body, Cole will serve for two years in the second-highest office in the association. Action taken by the House of Delegates on specific issues becomes official policy of the ABA. Cole has been a member of the House of Delegates since 2009 and currently serves as one of Tennessee's state delegates. Cole received his law degree from the University of Tennessee College of Law in 1994. Read more in a press release from the ABA and see a photo from the event.

Diversity Law Week Receives Recognition at ABA Annual Meeting

The TBA Young Lawyers Division's (YLD) Diversity Law Week program was recognized at the American Bar Association (ABA) annual meeting in Chicago. The program received an achievement award as one of the top state programs in the country related to diversity. The program was created by Quinton Thompson, immediate past YLD president. Program co-chairs were Chattanooga attorney Ariel Anthony, Memphis attorney Kevin Christopher and Nashville attorney Erin Shackelford. Over the course of the week, 100 diverse high school students across the state had an opportunity to shadow attorneys, explore courtrooms and immerse themselves in law school for a day. See photos from this year's Chattanooga program, Memphis program and Nashville program.

Investiture Set for State Supreme Court’s Newest Justice

An investiture ceremony for incoming Tennessee Supreme Court Justice Mary L. Wagner will take place Sept. 9 at 2 p.m. CDT at the Germantown Performing Arts Center in Germantown. The oath will be administered by Gov. Bill Lee. The theater is located at Performing Arts Center, 1801 Exeter Rd., Germantown 38138. View the invitation. RSVP to emily.rhea@shelbycountytn.gov to attend.

Anderson Bar Association Holding Reception for Interim Chancellor

The Anderson County Bar Association is hosting a celebration on Aug. 30 to thank Chancellor Jamie Brooks for serving as interim chancellor since Nichole Cantrell stepped down. The event will take place from 10-11 a.m. EDT at the Anderson County Chancery Court. Coffee and light snacks will be provided. View the invitation.

Peace & Justice Initiative Hosts ‘Evening with Attorney Fred Gray’

The Columbia Peace and Justice Initiative in Maury County will host an evening with the legendary civil rights attorney Fred Gray. The in-person event will feature Gray sharing his insights and stories. All proceeds will support creation of a Thurgood Marshall Statue at the roundabout of South Main St. and East 8th St. in downtown Columbia. The event will take place Sept. 19 from 6-7:30 p.m. CDT at 101 Unity Dr., Columbia 38401. Register to attend.

Former Chattanooga City Councilman, City Administrator Dies

Former Chattanooga City Councilman and City Administrator Moses Freeman died Aug. 3 at age 86. He represented Chattanooga's District 8 from 2013-2017 and he dedicated himself to improving the city's Martin Luther King Jr. Boulevard. Fox Chattanooga has remembrances of Freeman from city leaders. Visitation will be Aug. 11 from 2-6 p.m. EDT at John P. Franklin Funeral Home, 1101 Dodds Ave., Chattanooga 37404. Services are scheduled for Aug. 12 at 11 a.m. EDT at Second Missionary Baptist Church, 2305 E. Third St., Chattanooga 37404.

Hamilton County Lawyer Censured

The Tennessee Supreme Court has issued a public censure with conditions for Chattanooga attorney Shaheen Iltaf Imami. On April 10, the state of Michigan imposed a public reprimand on Imami conditioned on successful completion of two practice management trainings. Michigan found that Imami failed to preserve complete records of account funds for a period of five years; failed to promptly deliver funds owed to his client or third party; failed to promptly render a full accounting; failed to hold property of clients or third parties separate from his own funds; failed to deposit all client or third party funds in an appropriate IOLTA or non-IOLTA account, and/or failed to appropriately safeguard other property; engaged in conduct prejudicial to the administration of justice; and engaged in conduct exposing the legal profession to obloquy, contempt, censure or reproach in violation of Michigan Rules of Professional Conduct 1.15(b)(2) and (3), 1.15 (d) and 8.4(c). and Michigan Court Rules 9.104(1) and (2). On May 8, the Tennessee Supreme Court directed Imami to respond why the discipline imposed in Michigan should not also be imposed in Tennessee. The court reports that Imami did not respond.

Marion County Lawyer Placed on Disability Inactive Status

The law license of Marion County lawyer Howard Graham Swafford Jr. has been transferred to disability inactive status. Swafford may not practice law while on inactive status but may petition the Tennessee Supreme Court for reinstatement by showing by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.

Looking for Ethics Hours This Summer?

If you are looking for ethics hours this summer, the TBA has five webcasts scheduled to run throughout the month of August. Check out Taylor Swift is a Genius, Even About Legal Ethics on Aug. 13; Airplane Etiquette and Attorney Ethics on Aug. 14; Learn By Doing: An Hour of Legal Writing Exercises on Aug. 16; Ethics Update from the Board of Professional Responsibility on Aug. 22; and Ethics Homeshow: AI, Ethics Rules and More on Aug. 23. Check out these and other programs from the TBA to beat the heat (and CLE deadlines) this month.

Use TBA Benefits to Save Money and Access Insurance

Practicing law can be expensive. Being a lawyer is more than just the law — it’s a business. Use TBA membership benefits to help you save money and get access insurance options you need. Immediate savings include unlimited legal research in all 50 states, 3 three free hours of CLE, and members discounts, student loan refinancing, and access to group health insurance, life insurance and preferred providers for malpractice insurance. These benefits can will help your bottom line and keep costs low to help you focus on the practice of law. Learn more about the savings available.