On Dec. 26, the U.S. 5th Circuit Court of Appeals issued an order vacating the government’s motion to stay a district court's preliminary injunction against the Corporate Transparency Act (CTA), stating the action was necessary to "preserve the constitutional status quo while the merits panel considers the parties' weighty substantive arguments." This order follows a series of legal actions regarding the CTA. Earlier this month, a Texas district court issued a nationwide preliminary injunction, halting all reporting requirements under the CTA. The 5th Circuit had initially stayed the injunction, reinstating the mandatory reporting requirements. However, after the Dec. 26 order, the court lifted the stay, again halting the reporting requirements until the appeal is resolved. As a result, the original nationwide preliminary injunction is now in force. The New York Times has more on this decision.

The Federal Trade Commission (FTC) earlier this month announced a final Junk Fees Rule to prohibit bait-and-switch pricing and other tactics used to hide total prices and bury junk fees in the live-event ticketing and short-term lodging industries. According to a press release from the FTC, the final rule does not prohibit any type or amount of fee, nor does it prohibit any specific pricing strategies. It simply requires that businesses that advertise their pricing be transparent about prices and fees with consumers up front. The FTC estimates the rule will save consumers up to 53 million hours per year that would otherwise be spent searching for the total price of live-event tickets and short-term lodging.

Gov. Bill Lee on Dec. 18 led a bipartisan coalition of 33 governors, urging President Joe Biden to act following a decision earlier this month by the People’s Republic of China (PRC) to halt foreign adoptions. According to a press release from the governor's office, the suspension of China’s intercountry adoption program has indefinitely delayed the adoptions of more than 260 children already matched to American families in 44 states, 12 of which are in Tennessee. While the PRC’s decision to cease intercountry adoptions is within its purview, the governors are asking the Chinese government to complete adoptions already in process in accordance with the Hague Convention.

Michael Wortham has been arrested for allegedly sending death threats to retired Davidson County Judge Stan Kweller. According to Fox 17 News, an investigation began in May and led to the arrest of the 31-year-old, who was identified as the owner of the social media account sending the threats. Police believe the threats are related to a custody decision in which Wortham lost his parental rights. Wortham has been booked into the Davidson County Jail on outstanding warrants for aggravated stalking and retaliation for past action.

President-elect Donald Trump has urged the U.S. Supreme Court to pause the implementation of a law that would ban the app TikTok or force its sale. He argues he should have time after taking office to pursue a "political resolution" to the issue, Reuters reports. The court is set to hear arguments in the case on Jan. 10, 2025. The law would require TikTok's Chinese owner, ByteDance, to sell the platform to an American company or face a ban. The U.S. Congress voted in April to ban the app unless ByteDance sells it by Jan. 19, 2025. In 2020, Trump tried to block the app in the United States and force its sale to American companies because of its Chinese ownership. According to the report, Trump met with TikTok’s CEO in December after expressing that he had a "warm spot" for the app and favored allowing TikTok to continue operating in the United States for at least a little while.

Join TBA Young Lawyers Division President, Sean Aiello, for the next installment of the Rookie Series. Focusing on the complexities of criminal and civil contempt, this presentation addresses recent developments, pitfalls and practical application of the contempt process with a focus on the interplay with domestic relations statutes. Click here for more information or to register for the webcast on April 16 at noon CST.

Memphis law firms Harkavy Shainberg Kaplan PLC and Williams McDaniel PLLC will merge to become Harkavy McDaniel Kaplan and Salomon PC. The Memphis Business Journal reports the new firm will have a total of 14 attorneys. Harkavy McDaniel Kaplan and Salomon will be located at the Triad Centre II, 6060 Poplar Ave., Memphis 38119, where Harkavy Shainberg Kaplan currently operates. Williams McDaniel is moving from its current office at 717 S. White Station Rd. The combined firm will focus on litigation, estate planning, probate, and both commercial and residential real estate. Read more from Here Memphis.

The Tennessee Supreme Court has ordered a change in the classification of personal contact information that attorneys provide to the Board of Professional Responsibility. Personal contact information now will be considered confidential and not public record. The change was requested by the board in June. After receiving comments from the Tennessee Bar Association, the Knoxville Bar Association and others that lawyers should be asked to provide alternative contact information that can be made public, the court allowed TBA and the board to develop new language, which it now has adopted. The alternative contact information must be submitted by Jan. 1, 2025. Read more in a press release from the Administrative Office of the Courts.

This week's installment of TBA's Indigent Representation Primer is now available. The new post highlights the demand for indigent defense in the criminal justice system and the impact on the broader legal system when representation is not readily available. Millions of Americans cannot afford a private attorney, relying on appointed counsel, whether public defenders or private attorneys, who are designated to take indigent cases. Available research estimates at least 80% of criminal defendants at the state level and 90% of defendants in federal felony cases are eligible for appointed legal counsel. The criminal justice system continues to balance these growing needs with adequate funding, manageable caseloads, and consistent standards for appointed counsel. The strain on appointed counsel systems is not just a problem for criminal defendants, the entire legal system is impacted by delayed trials, overburdened courts and disrupted proceedings. In addition, challenges in indigent representation systems ultimately affect victims, the families of defendants, children caught in the system and the larger community. The TBA Indigent Representation Primer will look at more of these indirect effects in upcoming installments. Read past primer posts.

The defendant, Keith Lamar March, was convicted by a Knox County Criminal Court jury of unlawful possession of a weapon after having been convicted of a felony crime of violence, failure ot drive on the right side of the roadway, and evading arrest. Following a sentencing hearing, the trial court imposed an effective sentence of fourteen years in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court.