The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has released Formal Opinion 516, offering guidance for lawyers seeking to end a representation under Rule 1.16(b)(1). The opinion clarifies when a lawyer’s withdrawal would have a "material adverse effect" on the client’s interests, which would prevent withdrawal, including if it significantly harms the client’s progress, increases costs or hinders the client’s ability to achieve legal objectives. It also notes that lawyers may mitigate these effects and withdraw without violating the rule if the harm is minimized. The opinion concludes that lawyers should exercise care and thoughtfulness in deciding whether to accept an engagement and generally refrain from ending a relationship without good cause, but even careful lawyers may occasionally need to end representation.

The Metropolitan Nashville Police Department has released the final report on the Covenant School shooting, WKRN news reports. The 48-page report covers several topics, including the shooter’s motive and a detailed account of the attack. In March 2023, six people were killed, and the shooter, Audrey Hale, was fatally shot by Metro officers. According to the report, Hale had sought notoriety, acted alone in planning and carrying out the attack, and left no reason for the attack or choice of target. In 2024, a judge ruled in favor of Covenant families who fought to keep Hale’s writings sealed after a legal battle over their release. Despite that ruling, the Tennessee Star claimed to have published 90 pages of the so-called manifesto in September 2024.

A proposal that would allow public schools to take certain actions involving children without legal immigration status is headed to the state Senate floor after clearing the Finance, Ways, and Means Committee yesterday. The Senate version of the bill would require school districts to verify each student’s immigration status. For children without citizenship or a visa, schools could choose whether to enroll them, deny them, or charge their families tuition based on the state’s per-student funding model. Last Wednesday, the House version of the bill advanced in the House Education Committee, according to WPLN News.

The U.S. Supreme Court unanimously overturned a lower court ruling today, finding the Food and Drug Administration (FDA) acted lawfully in blocking two vaping companies from marketing fruity and dessert-flavored liquids for their electronic nicotine products. The decision rejected an earlier ruling from the U.S. Court of Appeals, The Hill reports. In an opinion written by Justice Samuel Alito, the court upheld the FDA’s approach, stating that the agency had made its decisions based on whether the products appealed to young people. The FDA has authorized the sale of only 34 electronic cigarette products, with all but one being tobacco-flavored, a flavor less popular among youth. In 2020, two companies petitioned the FDA to sell flavors such as sour grape and pink lemonade but the agency rejected those applications. The companies sued and the 5th U.S. Circuit Court of Appeals found in their favor. The FDA then appealed to the Supreme Court.

Baker Donelson has appointed new leaders within its Health Law and Public Policy Department. Nashville lawyer Michaela D. Poizner has been named chair of the department while Memphis lawyer Craig C. Conley has been named chair of the Health Care Litigation Group. Poizner will oversee more than 200 attorneys and public policy advisors across 11 states and Washington, D.C. She previously served as chair of the Health Law Group and founded the firm's Behavioral Health Initiative. Conley will lead a multidisciplinary team in the Health Care Litigation Group, representing health care clients nationwide. A graduate of the University of Memphis School of Law, Conley has held several bar leadership roles, including serving on the TBA Young Lawyers Division Board.

Thank you for your support of the Family Law Section! It’s been a busy year, led by section Chair George Spanos. Our section's CLEs are taking the form of a series of webcasts this year — thus far, we have featured a course focused on integrating AI into a trial practice and a case law and legislative update, with more on the way. Be on the lookout for a webcast on the art of the family law consultation coming this summer! If you missed the previous webcasts, no worries; the sessions are available on-demand. As a reminder, your section membership includes a discount on all Family Law Section-sponsored CLE!

In the meantime, you don’t have to wait to connect with colleagues: the section directory is a great resource for meeting other family law attorneys or for referrals. If you have thoughts or ideas for future section initiatives, please don’t hesitate to reach out to TBA staff coordinator Jamie Rhode.

As the chair of the TBA Business Law Section, I want to thank you for being a member of the section and supporting our work. Over the past few years, the section has emphasized providing top-notch learning opportunities for business law practitioners at our annual Business Law Section Forum, which is coming up later this month. Past forum videos can be found in the TBA CLE course catalog. 
 
Our section has been instrumental in providing valuable feedback on pending legislation to the Tennessee General Assembly. Our executive council members’ insights and expertise have been crucial in shaping these discussions. Over the years, our collective efforts have contributed significantly to the legislative process. Our executive council members also regularly publish insightful content in the TBA Business Law Section Connect email newsletter and collaborate with the Tennessee Secretary of State’s offices on new initiatives or addressing members’ concerns.
 
In addition to our legislative work, I am excited to announce this year’s TBA Business Law Forum will be held in Nashville on April 24. These events have always been a platform for learning and networking, and this one promises to be no different. This year’s program includes topics for both early career professionals and seasoned practitioners, including special speaker Vice Chancellor Travis Laster from the Delaware Court of Chancery. Registration is open for both the full day program and for the morning and afternoon half-day sessions. We are excited to invite our community members to attend and participate in this event. 
 
Our executive council consists of a diverse group of active practitioners and academics from different regions across Tennessee. We highly value open communication within our section, so please share your ideas, questions or concerns regarding business law matters with me or any other member of the council. A list of all executive council members can be found here.
 
Thank you for your time and consideration.

Katie Smalley

Save the date to attend the TBA’s 2025 Health Law Primer and Health Law Forum this fall. The primer will take place Nov. 12 in the Nashville office of Barnes & Thornburg. Designed for those new to health law practice, the primer provides a general health law overview and practical tips to identify and avoid the pitfalls of real-life situations in the heavily regulated health care industry.

On Nov. 13-14, the forum will take place in Nashville’s Music City Center. This two-day event will dig deeper into topics relevant to seasoned practitioners, providing 12 general and three dual hours of CLE credit. The premier program for Tennessee health care lawyers allows you to fulfill all necessary CLE requirements for the year and an opportunity to connect with colleagues from across the state. Speaker lineup, topics and signup info coming soon.

The Tennessee Bar Association’s online renewal for 2025-2026 is now open! Renew your membership to continue your access to TBA Today, the Tennessee Bar Journal, three free hours of CLE, resources for starting and building a new firm, and free legal research through vLex Fastcase, as well as savings on a range of products and services. Be sure to check out TBA's Preventing Legal Malpractice providers and Law Firm in a Box, and watch for more information this fall about TBA’s Group Health Insurance enrollment. Attorneys not participating in the TBA's firm billing program can log in and renew through their MyTBA dashboard. The TBA membership team will be working with firm administrators for those participating in firm billing so check with your firm administrator if you have questions about that process.

In "Reflecting on the Use of Inclusive Language" by Jennifer Safstrom, we are reminded of the importance of language and its power in promoting inclusion. She explains how the use of inclusive language is also an ethical responsibility for lawyers. Safstrom teaches the Stanton Foundation First Amendment Clinic at Vanderbilt Law School. Before joining Vanderbilt's law faculty, Safstrom worked at Georgetown University Law Center and the American Civil Liberties Union of Virginia. She earned her law degree at Georgetown University Law Center and her bachelor of arts at the University of Miami. Safstrom serves on the YLD Board as the Chair of the Diversity Committee.