TBA Law Blog


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Posted by: Julia Wilburn on May 10, 2024
News Type: TBA CLE

The TBA’s 2024 Litigation Forum is a live virtual event next week on May 16. Programming will include a session covering Tennessee summary judgement, evidentiary privilege and the ethical implications of artificial intelligence from the perspective of the Board of Professional Responsibility. Speakers include Chattanooga attorney David Nagle with Legal Aid of East Tennessee, Nashville attorney Todd Presnell with Bradley Arant Boult Cummings and Tiffany Tant-Shafer with the Tennessee Board of Professional Responsibility. The program will run from 9 a.m. to 12:30 p.m. CDT.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: Legal News

Longtime Nashville intellectual property lawyer Jack Waddey has launched a new firm with Chanelle Acheson. Waddey Acheson will focus on intellectual property, corporate investigations, government investigations, artificial intelligence and litigation. The firm is touting its reliance on technological advances to provide better results at a lower cost. Waddey has more than 50 years of experience. According to a press release, he has secured hundreds of patents and trademarks and served as a mediator since 1998. Acheson has experience in a broad range of complex litigation matters and using technology in case and client management. The firm is located at 1030 16th Ave. S., Floor 2, Ste. 165, Nashville, TN 37212. It can be reached at info@waddeyacheson.com or 615-839-1100.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion yesterday that provides guidance for when a lawyer can seek advice on a listserv. Formal Opinion 511 relies on Rule 1.6 of the ABA Model Rules of Professional Conduct to conclude that seeking advice on a listserv is unethical “if there is a reasonable likelihood that the lawyer’s questions or comments will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer’s client or the situation involved.” In a press release issued with the rule, the ABA says that in most cases, the model rules forbid posting questions or comments relating to a representation unless the lawyer has secured the client’s informed consent. Memphis attorney Brian Faughnan is one of 10 members of the committee that issued the opinion. The TBA is studying this new opinion and will be providing additional information for members.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: Legal News

The Memphis Bar Foundation recently named its 2024 fellows and held its annual Fellows Reception at The University Club of Memphis. The foundation annually nominates attorneys and judges to become fellows based on distinguished service to the legal profession and the administration of justice and adherence to the highest standards of professional ethics and personal conduct. The foundation also awards grants to non-profit organizations to support law-related projects. See the list of 2024 inductees.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: Election 2024, Politics

A political action committee’s barrage of text message attacks on incumbent state Sen. Jon Lundberg, R-Bristol, has spurred a formal complaint by Senate Republican Caucus Chair Ken Yager of Kingston, the Tennessee Journal reports. The messages aren’t just “dirty” politics, Yager argues, but possible “collusion” that runs afoul of Tennessee campaign finance restrictions. Lundberg’s opponent in the Republican primary for Senate District 4 is pharmacist Bobby Harshbarger, son of Republican U.S. Rep. Diana Harshbarger of Kingsport.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: Legal News

A new rule from the U.S. Department of Labor will make millions of Americans eligible for overtime if it survives expected court challenges, the Business Journal reports. The new rule increases the overtime threshold for non-exempt workers to $43,888 from $35,568 on July 1. That would increase again to $58,656, on Jan. 1, 2025. After that, the threshold will update once every three years. Like other recent federal employment rule changes, the overtime pay rule is likely to face court challenges. It is similar to a 2016 rule that was overturned by a federal judge. In that case, the judge ruled the increase invalidated Congress' intent that specific duties, not salary, make people ineligible for overtime.

Posted by: Stacey Shrader Joslin on May 9, 2024

Registration is now open through May 13 for the next free advice clinic for Black-owned small businesses and nonprofits. The clinic, sponsored by the Nashville 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. The clinic will take place on May 16. Attorneys should email vlpa@abcnashville.org to volunteer.

Posted by: Stacey Shrader Joslin on May 9, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court kicked off its “opinion season” today, Reuters reports. Among the cases decided, the court ruled in favor of a music producer in a legal fight with Warner Music, finding there is no time limit for recovering monetary damages in copyright cases that have been filed before the expiration of a statue of limitations. In another case, the court reinforced the power of law enforcement authorities to retain seized property belonging to people not charged with a crime. According to the courts calendar, the next opinion day is set for May 16. Reuters looks at the major cases argued this term.

Posted by: Stacey Shrader Joslin on May 9, 2024

Day four of Well-Being Week in Law focuses on building connections and a reliable support network to better contribute to our groups and communities. Suggestions for improving social well-being at work include avoiding being disrespectful or unfair to colleagues, making a meaningful contribution that benefits your group or organization, or sending a quick note of gratitude. Check out resources for these and other actions to enhance inclusion, engagement and belonging.

Posted by: Stacey Shrader Joslin on May 9, 2024

Recipients of the TBA's 2024 Public Service Awards will be honored during a Public Service Breakfast June 13 in Memphis as part of the TBA Annual Convention. The TBA’s Access to Justice Committee will recognize Memphis-based Assistant Federal Public Defender Tyrone Paylor as the Ashley Wiltshire Public Service Attorney of the Year, Memphis attorney John Golwen as the Harris Gilbert Pro Bono Volunteer of the Year and University of Tennessee law student Kim Riddett as Law Student Volunteer of the Year. The awards recognize outstanding service by attorneys and law students who have demonstrated an exceptional commitment to increasing access to justice for underserved individuals and communities in Tennessee. Read more about this year’s recipients at the links above or in the May/June 2024 issue of the Tennessee Bar Journal.


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