Tennessee Attorney General Jonathan Skrmetti has announced a settlement with BlackRock Inc. resolving allegations that the global investment firm misled consumers about the role of environmental, social and governance (ESG) factors in its investment practices. The settlement concludes a lawsuit filed by the state of Tennessee in 2023 under the Tennessee Consumer Protection Act. According to a press release, BlackRock must increase its disclosure, implement compliance measures, ensure communications with investors are consistent and commit to casting shareholder votes solely in the financial interests of investors. As part of the settlement, Tennessee will dismiss the lawsuit without prejudice, reserving the right to refile if BlackRock fails to substantially comply.

The Supreme Court unanimously upheld a law requiring TikTok’s China-based parent company to divest from the app, setting up a ban to take effect Sunday. The justices sided with the Biden administration, ruling the divest-or-ban law does not violate the First Amendment, The Hill reports. President-elect Donald Trump had previously urged the justices to delay the deadline so he could negotiate a deal, but the court declined. The Biden administration does not plan to enforce the law before the inauguration, leaving the decision to Trump and seemingly allowing the app to stay online for now. The court was unanimous in its judgment, though Justices Sonia Sotomayor and Neil Gorsuch filed separate concurrences. TikTok has argued divestment is not feasible and that it will “go dark” starting Sunday.

The U.S. Department of Justice is rescinding its protocol that allowed single-drug lethal injections for federal executions. The Tennessean reports the decision to not use pentobarbital, a sedative that is notoriously difficult for governments to source, comes after a department review raised concerns about the potential for "unnecessary pain and suffering." The decision was communicated in a letter from the attorney general to the director of the federal Bureau of Prisons. Last month, Tennessee decided to resume executions using solely pentobarbital, after a yearslong pause related to the combination of drugs used before. The pause on federal executions remains in place while the U.S. Department of Justice evaluates other manners of execution.

Longtime Knoxville criminal defense attorney Wade Davies has opened The Davies Law Firm. He is joined by associate attorney Georgia Miller and paralegal Meghan Franklin. The firm will focus on federal and state criminal defense, white collar investigations and defense, and BPR matters. Their office is located at 800 S Gay St #700, Knoxville 37929 and can be reached at (865) 686-6333 or online at wadedavies.law. Davies is a member of the Tennessee Bar Journal editorial board and the criminal law columnist for Journal.

Combining the disciplines of history and law, Memphis attorney Bryce Ashby and Rhodes College history professor Michael J. LaRosa in a new book explore the economic and historical challenges present in each Latin American nation that force "out" migration. "Immigration, Policy and the People of Latin America: Seven Sending Nations" unpacks the contemporary socio/political and economic realities of the seven sending nations — Colombia, Cuba, Haiti, Honduras, Guatemala, Mexico and Venezuela — and explains the complexity of immigration laws (as passed by Congress), executive actions taken by individual presidents in the United States, and some state initiatives. Read an interview with the authors and Chapter 16.

The Tennessee Supreme Court has addressed allegations from the U.S. Department of Justice (DOJ) that the Tennessee Board of Law Examiners (TBLE) and the Tennessee Lawyers Assistance Program (TLAP) violated the Americans with Disability Act by discriminating against two bar applicants “due to a substance use disorder or mental health disorder.” In a news release, the court says it “strongly disagrees” with the assertion that either agency discriminated against applicants based on health status or disability. “Both TBLE and TLAP follow well-established administrative processes that are designed to avoid discrimination against any applicant.” The statement continues that the court, TBLE and TLAP “have been and remain committed to treating persons with disabilities, including bar applicants with disabilities, with dignity and respect, and in compliance with all legal rights afforded to such applicants.” Read the full statement.

The U.S. Department of Justice (DOJ) has filed a lawsuit against Fayette County, alleging that the Board of County Commissioners violated the Voting Rights Act when it adopted its 2021 redistricting plan. According to a news release from the agency, the new plan allegedly denied the city’s Black voters an equal opportunity to elect candidates of their choice. The suit, which was filed in the U.S. District Court for the Western District of Tennessee, argues that commissioners “deliberately rejected multiple districting plans that would have combined Black communities in districts that would allow Black voters to elect representatives of their choice.” According to Tennessee Lookout, Fayette County Mayor Rhea “Skip” Taylor confirmed the county is reviewing the lawsuit, but declined further comment.

The U.S. 6th Circuit Court of Appeals panel recently heard arguments on whether the state’s voter registration policies disenfranchised some 500,000 residents with felony convictions. The Nashville Banner reports that the case stems from a 2020 class action lawsuit filed by the Tennessee State Conference of the NAACP, which claims that the policies violate the National Voter Registration Act by being overly complex and inequitable. A federal judge had temporarily blocked the rules in April, but the state successfully appealed to maintain them during litigation. At the hearing, the state's attorney argued that the NAACP lacked legal standing to challenge the rules, while the NAACP contended that the state's actions hinder voter registration efforts.

A federal judge has upheld a court-imposed gag order against Nashville lawyer Daniel Horwitz. The Tennessean reports that Senior Judge Julia Smith Gibbons of the U.S. 6th Circuit Court of Appeals, who was assigned to hear the case for the U.S. District Court for the Middle District of Tennessee, dismissed a lawsuit brought by Horwitz and the nonprofit public interest law firm Institute for Justice. After the ruling Horwitz pledged to “continue to fight” for the right to speak out. The gag order, imposed by U.S. Magistrate Judge Jeffery Frensley, prevents Horwitz from speaking publicly about a case he brought against private prison operator CoreCivic.

The U.S. Supreme Court has turned down former state senator Brian Kelsey’s plea to consider his conviction and sentencing for campaign fraud. Action News 5 reports that the court denied certiorari in the case on Monday without providing an explanation. In 2022, Kelsey pleaded guilty to violating campaign finance laws and conspiring to defraud the Federal Election Commission to benefit his 2016 campaign for U.S. Congress. He later tried to withdraw his guilty plea, arguing that federal prosecutors violated his plea agreement. That request was denied, and he was sentenced to 21 months in prison. Kelsey then petitioned the 6th U.S. Circuit Court of Appeals, which upheld the lower court’s actions. That decision was then appealed to the Supreme Court.