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Posted by: Julia Wilburn on Dec 17, 2024

The TBA will host a webcast replay of "Ethics Update: Current Developments from the Board of Professional Responsibility (BPR)" on Dec. 31 at 10 a.m. CST. Earn an hour of dual credit with Eric Fuller, disciplinary counsel in the BPR's litigation department, as he reviews the latest ethics updates. Register here and wrap up your CLE requirements for 2024!

Posted by: Julia Wilburn on Dec 17, 2024

Crime rates in Memphis are trending down from last year, according to data from the Memphis Police Department. The Daily Memphian reports that year-to-date, overall violent crime incidents are down around 8% compared to the same point last year, and at the same time, arrests are up, likely due to a new department task force. Murders are down 31%, guns stolen from cars have decreased 24%, juvenile arrests for gun charges are down 7.3% and car thefts and car break-ins are down 38% and 19%, respectively. The number of interstate shootings also has decreased.

Posted by: Julia Wilburn on Dec 17, 2024

The Biden administration has released a rule “overhauling” the H-1B work visa program with the aim of streamlining the application process and limiting abuse of the program. An article from The Hill highlights the changes, which include clarifying who can apply for an H-1B work visa, expanding the definition of specialty occupation positions, and spelling out the requirements for nonprofit and governmental research organizations to sponsor visas. Of note, the changes impose H-1B eligibility requirements on third-party beneficiaries rather than applicant organizations; codify numerical cap exemptions for research jobs to allow nonprofits and academia to sponsor visas year-round; allow foreign nationals transitioning from a student visa to an H-1B to avoid gaps in employment; and expand the government’s authority to conduct site visits to ensure proper implementation of the visa.

Posted by: Laura Labenberg on Dec 17, 2024

Save the date to join colleagues on May 9, 2025, for the 2nd Annual TBA Young Lawyers Division Trial College. The program will be held at Belmont University College of Law and will cover a range of litigation topics, including putting together a trial notebook, planning for and presenting opening and closing statements, conducting direct and cross examination and working with expert witnesses. A panel of distinguished judges will wrap up the day with judicial insights for trial success. Registration will start at 8 a.m. CDT followed by programming from 8:30 a.m. to 4:45 p.m. at the Randall and Sadie Baskin Center, 1901 15th Ave. S, Nashville 37212. Click here for more information and to register.

Posted by: Julia Wilburn on Dec 17, 2024

Several new state laws are set to take effect Jan. 1, 2025, reports the Tennessean. The Protecting Children from Social Media Act requires social media companies to verify users' ages before they can create an account. If the user is a minor, the company must confirm "express parental consent" before the minor is allowed to create an account. The Protect Tennessee Minors Act limits minors from accessing pornography online. Companies may either require users to match an uploaded photo with a state ID or use "a commercially reasonable method relying on public or private transactional data to verify" that users are over 18 years. Both the social media and pornography age verification laws are facing free speech lawsuits in federal courts. Also on Jan. 1, residents of China, Iran, North Korea and other countries subject to the International Traffic in Arms Regulations will be prohibited from owning agricultural land in the state. It was challenged in court on Oct. 31 by investors in the Walton Tennessee company. Other laws taking effect in the new year are HB1814, which requires landlords to provide contact information for the "agent" authorized to manage the property; a new law requiring alcohol servers to be trained on preventing date-rape drugging and the role of alcohol and drugs in sexual assault; and SB1919, requiring medical providers with TennCare to begin prescribing birth control as a 12-month refill, allowing patients to get a year's worth of contraceptives without returning for multiple doctor visits.

Posted by: Stacey Shrader Joslin on Dec 17, 2024

The Tennessee Supreme Court has rejected proposed disciplinary action against Sullivan County lawyer Samuel Ervin White and referred the matter back to the Board of Professional Responsibility. In its order, the court said the following: “Based on our review of the entire record in this matter, [we have] concerns that the recommended sanction, particularly the period of active suspension, is too lenient given the number of complaints, the serious nature of the alleged misconduct, including abandonment of vulnerable clients, and dishonesty in communications with clients, other lawyers and disciplinary counsel.” White had agreed to a conditional guilty plea to resolve complaints filed against him on Oct. 29.

Posted by: Julia Wilburn on Dec 17, 2024

Lincoln Memorial University Duncan School of Law (LMU Law) has announced the hiring of Lucille C. McGee as director of experiential learning and assistant professor of law. McGee is a graduate of Harvard University’s Derek Bok Center for Teaching and Learning, where she earned a higher education teaching certificate in 2020. She received her law degree from the Appalachian School of Law and a degree in English from the University of Georgia. In her new role, McGee will oversee LMU Law’s experiential learning programs, including clinics, externships and simulation courses. She also will teach practice-oriented courses such as externships and pleadings and practice. Read more in a press release from the law school.

Posted by: Julia Wilburn on Dec 17, 2024

After a state investigation found Nashville District Attorney (DA) Glenn Funk's office secretly recorded criminal defense attorneys, office employees and visitors, a special prosecutor has been appointed to handle a 24-year-old murder case. Robert Nash, DA for Montgomery and Robertson counties, will take over the case of Calvin Atchison from Funk's office. The Tennessean reports that in October, Judge Cynthia Chappell postponed the trial for Atchison, who is accused of killing a North Nashville woman in 2000. Atchison's defense attorney Ben Powers had asked Chappell to disqualify the Nashville DA's office from prosecuting the case because Powers and a private investigator were pictured in the state's audit report about the situation. State investigators also found an audio recording of the two as they worked in the Funk's office.

Posted by: Azya Thornton on Dec 17, 2024

The TBA has released the December episode of its BarBuzz podcast. "A Discussion on Health and Wellness for Lawyers During the Holidays" features Brad Bald from Lifestyle Communities and Lauren Castor from the Tennessee Lawyers Assistance Program (TLAP) and focuses on the importance of mental health and wellness for attorneys during the holiday season. Bald and Castor share insights on upcoming programs and resources offered by the TBA Attorney Well Being Committee and TLAP, while also discussing their personal strategies for prioritizing well-being during the busy holidays. The conversation also emphasizes the need for legal professionals to take advantage of available resources and support each other to maintain mental health during this time of year. BarBuzz is a monthly show that recaps legal happenings from across Tennessee, upcoming events at the bar, attorney shout outs and more. It is available on the TBA’s website or wherever you listen to podcasts. Find past episodes at the BarBuzz archive.

Posted by: Julia Wilburn on Dec 17, 2024

Eugene W. Ward, Nashville attorney and husband of Grand Ole Opry star Jeannie Seely, died Dec. 13 at age 92. He received his undergraduate degree from Lincoln Memorial University in 1956 and his law degree from the University of Tennessee College of Law in 1959. Ward practiced law in Morristown for two years before being appointed to assistant general counsel at the Tennessee Public Service Commission. He later served as general counsel, and then in 1986, moved to Nashville Electric Service (NES). He retired in 2011 as general counsel and vice president. Ward was a member of the Nashville and Tennessee Bar Associations, as well as the American and the Tennessee Valley Public Power Associations and the Tennessee Municipal Electric Power Association. Services will take place at Spring Hill Funeral Home and Cemetery, 5110 Gallatin Pk., Nashville 37216 on Dec. 19. Visitation will begin at 11 a.m. CST with a celebration of life at 1 p.m. The family requests that memorial donations be made to Shriner's Hospital for Children or the Opry Trust Fund.


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