Tennessee’s Flex Loan law, passed in 2014, has allowed high-interest lenders to trap borrowers in cycles of debt through repeated reborrowing, despite earlier state laws banning such practices for payday loans, a new report concludes. In a joint reporting project between Tennessee Lookout and ProPublica, borrowers described being encouraged through frequent emails and mailers to borrow back almost all of their loan payments, leading to ballooning debts and eventual lawsuits, even after paying far more than they initially borrowed. Critics argue the Flex Loan law’s structure enables predatory lending with interest rates effectively reaching over 279% while avoiding federal oversight. The reporting also found that despite complaints, regulatory responses have been minimal and lenders have continued aggressive collection tactics.

The U.S. Justice Department (DOJ) has announced it will try Kilmar Abrego Garcia on federal human smuggling charges in Tennessee before pursuing deportation to a third country, not his native El Salvador, according to the Associated Press. Abrego Garcia's attorneys, concerned he could be swiftly deported before trial, have asked U.S. District Judge Paula Xinis in Maryland to intervene and have him transferred there while awaiting court proceedings. Abrego Garcia — who has lived in Maryland for more than a decade, was deported to El Salvador in March and brought back to the states in June — has denied gang ties and pleaded not guilty to charges stemming from a 2022 traffic stop in Tennessee. Nashville-based U.S. Magistrate Judge Barbara Holmes has ruled for his conditional release pending trial, but yesterday delayed release due to concerns that Immigration and Customs Enforcement (ICE) would deport him before trial.

California legal scholar Eugene Volokh has filed a lawsuit in federal court challenging Tennessee’s law that limits public records access to state residents. After being denied court records by the Williamson County Archives due to his California residency, Volokh argues the restriction violates his rights under the First Amendment and the Privileges and Immunities Clause. His suit contends that court records are essential for his academic research and that denying access based on residency is an unjust barrier. Although the U.S. Supreme Court upheld a similar Virginia law, Volokh asserts his case is different because it involves constitutional, not merely statutory, rights. The Nashville Banner has the story.

The next free advice clinic for Black-owned small businesses and nonprofits is set for July 17 in Nashville.  The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. Prospective clients should register by July 14. Attorneys should email vlpa@abcnashville.org to volunteer.

The TBA Law Office Technology & Management Section is presenting four webcasts in July. On July 8, catch “60 Legal Tech Tips, Tricks, Gadgets and Websites in 60 Minutes, which will focus on the latest developments in legal technology. On July 9, tune in for “AI in Law: Use Cases,” which will explore 30 impactful use cases of generative AI for lawyers, including in the areas of legal research, document drafting and practice management. On July 10, join colleagues for “The Evolving Ethics of Law Firm Cybersecurity: Practical and Budget-Friendly Tips.” This program will focus on affordable cybersecurity measures that should be considered to protect confidential data. And on July 11, wrap up with “Our Era of AI: Responsible AI & Microsoft Copilot,” which will look at how Microsoft embraces Responsible AI in its development of AI solutions and how the company’s legal department uses Copilot to achieve more.

Two federal bills aim to increase transparency at the Tennessee Valley Authority (TVA), including one that would mandate at least four public board meetings per year and another that would require disclosure of employee salaries exceeding $123,041, the Nashville Post reports. The TVA Transparency Act, sponsored by U.S. Rep. Tim Burchett, Republican of Knox County, and co-sponsored by Rep. Steve Cohen, a Memphis Democrat, passed the U.S. House of Representatives on June 9 and now is under review by the U.S. Senate. Burchett and Cohen’s separate salary disclosure bill — the Tennessee Valley Authority Salary Transparency Act — passed the House in January. It has been introduced in the Senate by Tennessee Sens. Marsha Blackburn and Bill Hagerty. TVA officials say they already comply with existing transparency laws and hold quarterly public meetings. TVA is federally owned and the largest public power supplier in the U.S., providing electricity to more than 10 million people.

A Tennessee man whose conviction was overturned after spending 17 years in prison now faces the possibility of being reincarcerated, WSMV reports. Thomas Clardy was convicted in 2007 for a 2005 murder at an auto body shop in Madison based on a delayed, cross-racial eyewitness identification. A federal judge overturned his conviction in 2023, leading to his release. However, this month, the state filed a motion to return him to prison after the U.S. Supreme Court declined to review a 6th Circuit Court of Appeals decision reversing the lower court’s ruling. Clardy’s case has been remanded to federal district court for further consideration. His attorneys have filed petitions for exoneration and commutation, both of which would have to be granted by Gov. Bill Lee.

Judges, lawyers, friends and supporters gathered last week to honor Judge Cheryl Blackburn, who recently retired from Division III of the Davidson County Criminal Court. More than 100 people attended a reception at the Nashville School of Law to celebrate her nearly 30 years on the bench. The program featured remarks from former District Attorney Torry Johnson, Nashville School of Law Dean Bill Koch and Criminal Court Judges Angelita Dalton and Steve Dozier, all of whom praised Blackburn as a judge who strived to give both defendants and victims a fair hearing. Tennessee Supreme Court Justice Jeff Bivins presented Blackburn with a plaque from the Tennessee Judicial Conference recognizing her years of public service. Blackburn closed the program by thanking those in attendance.

Robert Taswell “Tas” Gardner has been elected by fellow public defenders to serve as president of the Tennessee District Public Defenders Conference. The conference is a statewide network of publicly elected district public defenders representing each of Tennessee’s 32 judicial districts. As president, Gardner will lead the conference’s Executive Committee, which supports public defenders across the state and works with lawmakers on policies and procedures that impact the justice system. He also will serve on the TBA Board of Governors as the conference's representative. Gardner currently serves as public defender for Tennessee’s 24th Judicial District, which includes Benton, Carroll, Decatur, Hardin and Henry counties. Read more in a press release from the group.

Tennessee Gov. Bill Lee on Tuesday announced the appointment of Josh Walker to the Tennessee Claims Commission for the Eastern Division. Walker, who currently serves as associate general counsel for the University of Tennessee, earned his law degree from the University of Tennessee College of Law (now Winston College of Law). He will fill a vacancy created by the retirement of Commissioner William A. Young. The appointment is effective July 1 and is subject to legislative confirmation. “I am proud to announce Josh Walker’s appointment to the Claims Commission and value the significant experience he will bring to this role,” Lee said in a press release. “I appreciate his leadership and am confident that Josh will serve Tennesseans with integrity.”