TBA Law Blog


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Posted by: Julia Wilburn on Jul 9, 2025
News Type: Legal News

The Tennessee Attorney General’s (AG) Office is warning consumers about scams related to the popular weight-loss drugs Ozempic, Wegovy, Mounjaro and Zepbound (GLP-1 drugs). Skyrocketing consumer demand for these medications plus the high price tag and tight supplies have created opportunities for scammers to cash in, the office reports. Before seeking out alternative sources for these medications, consumers should be aware of the risks. The Tennessean reports that scammers in China, Turkey and India are selling counterfeit products that falsely claim to contain semaglutide, the active ingredient in prefilled injectable pens sold under the brand names Ozempic and Wegovy, which many doctors prescribe for weight loss.

Posted by: Julia Wilburn on Jul 9, 2025
News Type: Legal News

Knox County has dismantled the long-standing leadership at the Richard L. Bean Juvenile Detention Center following reports of alleged poor medical care, missing medication and retaliatory firing of whistleblowers. An 18-month transition plan approved by county commissioners will place control of the facility under the Knox County Sheriff's Office (KCSO) effective Jan. 1, 2026, while oversight will be provided by a newly appointed board and continued check-ins by the Tennessee Department of Children’s Services. The shift drew criticism due to concerns about the sheriff’s department, including a recent inmate death at the county jail. The overhaul follows the forced resignation of Richard Bean, who had run the facility since 1972 allegedy with little oversight and a handpicked board of trustees. Knox News has the story.

Posted by: Julia Wilburn on Jul 9, 2025
News Type: TBA CLE

In this webcast replay, Stuart Teicher tells true stories about lawyers who break the law and the ethics rules they break (or could have broken). This session is about a judge who harassed his staff, played favorites with lawyers and conducted himself in a professionally questionable manner. Ethics topics include the connection between competence, withdrawal and mental health issues; how sexual harassment creates problems; the duty to report lawyer and judicial misconduct; and how the rule on supervision guides lawyers in creating an ethically positive office environment. Visit the TBA website to register.

Posted by: Stacey Shrader Joslin on Jul 9, 2025
News Type: BPR Actions

Kentucky lawyer Michael James Thompson received a public censure from the Tennessee Supreme Court on July 9. The court found that while representing a client in a custody proceeding, Thompson exchanged sexualized communications with the client, which created a conflict of interest. The court also determined that Thompson communicated with the client about the custody proceeding through Instagram messaging, which did not include any privacy controls. It imposed the censure in Tennessee for violations of Kentucky Rules of Professional Conduct 1.6 (protecting confidential information) and 1.7(a)(2) (concurrent conflict of interest).

Posted by: Stacey Shrader Joslin on Jul 9, 2025
News Type: BPR Actions

Wayne County lawyer Joshua Howard Polk received a public censure from the Tennessee Supreme Court on July 9. After agreeing to represent clients in a water rights case, a third party joined the litigation. Polk determined that a conflict of interest was created by the new party, which mandated his withdrawal. While the court said it was reasonable for Polk to help his clients identify subsequent counsel, it found that he waited 14 months to withdraw. This resulted in unnecessary delay in the litigation, halting progress on the case and postponing a hearing on the opposing party’s motion for summary judgment. The court determined that his actions violated Rules of Professional Conduct 1.3, 1.7(a)(2), 1.16(a). 3.2 and 8.4(d).

Posted by: Azya Thornton on Jul 9, 2025
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion today that provides guidance to lawyers exercising peremptory challenges in the jury selection process. According to a release, the opinion states that a lawyer who knows or reasonably should know that their use of peremptory challenges constitutes unlawful discrimination violates ABA Model Rule 8.4(g). The opinion also clarifies that such conduct cannot be considered “legitimate advocacy,” even if advised by a client, jury consultant or AI software. And it outlines a lawyer’s duty to investigate the motives behind seemingly discriminatory challenges. Finally, it reinforces the principle that ethics rules prohibit actions deemed unlawful by courts or legislatures.

Posted by: Julia Wilburn on Jul 9, 2025
News Type: Legal News

Six weeks after being found guilty on 17 of 19 charges — including theft, money laundering, bribery and kickbacks — former Tennessee House Speaker Glenn Casada formally requested a new trial. His co-defendant and former chief of staff Cade Cothren has indicated he intends to do the same. The Tennessean reports that one reason Casada's attorneys say he is entitled to a new trial is that incriminating portions of the former lawmaker's FBI interview were played in court despite the government agreeing to redact them. In the motion for a new trial, attorneys wrote, “The bell could not be unrung — the jury heard the redacted statements, and there is no meaningful way to undo that error." U.S. District Court Judge Eli Richardson rejected a motion for mistrial after the interview was played in court. Casada and Cothren are scheduled to be sentenced Sept. 12, but that may be delayed given these new filings.

Posted by: Julia Wilburn on Jul 9, 2025
News Type: Legal News

The Tennessee Department of Commerce & Insurance’s (TDCI) Securities Division recently amended its current rules to allow certain investment advisers, private fund advisers and venture capital firms whose only clients are private funds and who meet the new rule’s definition to be exempt from registration and custody requirements. However, these firms will be required to notice file and annually renew the filing with the division. The division says there has been confusion as to who should be utilizing the new exemption with some relying on the de minimis exemption and believing custody requirements do not apply. To clarify, the division says that the de minimis exemption never exempted an investment adviser from the requirement to comply with custody rules. However, those who meet the requirements of the newly created private fund exemption, found at Tennessee Securities Rule 0780-04-03-.05 (1)(c), are not subject to the custody requirements. To help investors, the division has prepared an FAQ to provide greater clarification.

Posted by: Azya Thornton on Jul 9, 2025

AutoZone, Bass, Berry & Sims, and Memphis Area Legal Services will team up to offer free legal services to Memphis-area seniors at the 15th annual “Give a Little, Help a Lot” pro bono legal aid clinic on July 16 at the Orange Mound Senior Center. The event, which has helped hundreds of seniors since it began in 2009, will provide low-income seniors with assistance in preparing advance care plans, health care directives, durable power of attorney forms, wills and other important legal documents. Attorneys, paralegals and volunteers will work one-on-one with seniors from 11 a.m. to 1 p.m. CDT. For more information contact Mikey Mooney of Poston Communications at mooney@postoncommunications.com or at 404-875-3400.

Posted by: Stacey Shrader Joslin on Jul 9, 2025
News Type: Politics

The Republican primary contest to succeed U.S. Rep. John Rose in Tennessee’s 6th Congressional District is taking shape, The Tennessee Journal reports. Three candidates have announced their intentions to run. They are: Van Hilleary, Rose’s chief of staff and former U.S. representative from Chattanooga, state House Republican Whip Johnny Garrett, R-Goodlettsville, and Dale Braden. On the Democratic side, Mike Croley is the first to announce, according to Tennessee Lookout. Rose, from Cookeville, is leaving Congress to run for governor. The district includes the eastern part of Nashville, parts of Wilson County and about a dozen counties in Middle and East Tennessee.


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