Make plans now to attend the TBA’s 2025 Health Law Primer and Health Law Forum this fall. The primer will take place Nov. 12 at Barnes & Thornburg in Nashville. Designed for those new to health practice, that program will provide a general health law overview and practical tips to identify and avoid the pitfalls of real-life situations in the heavily regulated health care industry. Then on Nov. 13 and 14, the forum will take place at the Music City Center in downtown Nashville. The two-day event will dig deeper into topics such as regulatory fraud and abuse, medical malpractice, controlled substances enforcement, a legislative update, AI contracting issues, ethics and more. The premier program for Tennessee health care lawyers, the forum provides all necessary CLE requirements for the year — 12 general hours and three dual hours — while providing opportunities to connect with colleagues from across the state. Get more information and register here.

Lawyers for Kilmar Abrego Garcia have asked a federal judge to dismiss his human smuggling case, arguing the prosecution is a retaliatory effort by the Trump administration for their client's successful challenge to removal to El Salvador. The Associated Press reports they cite public attacks from Donald Trump and top officials as evidence of “vindictive prosecution,” claiming the government is trying to punish him and reshape public opinion after deporting him in 2019 despite a judge’s order protecting him from gang violence. Abrego Garcia was returned to the U.S. under a Supreme Court order to face the smuggling charges. The case arose from a 2022 Tennessee traffic stop. The legal team is seeking at least a hearing on the government’s motives. The Hill also reports on the developments.

The U.S. 6th Circuit Court of Appeals has ruled that internal investigations conducted by Jones Day and Squire Patton Boggs for FirstEnergy Corp. are likely shielded from disclosure under attorney-client privilege and the work-product doctrine. The ruling stayed a lower court order requiring disclosure in a shareholder lawsuit, citing the Supreme Court’s Upjohn decision, which protects internal legal investigations. The appeals court emphasized that privilege applies regardless of whether advice is later used for business purposes while the work-product doctrine covers materials prepared amid extensive legal and regulatory actions. The decision follows FirstEnergy’s involvement in a bribery scandal tied to the former Ohio state House speaker and a $230 million settlement with the U.S. Department of Justice in 2021. The ABA Journal has the story.

The TBA Young Lawyers Division (YLD) will host “The Rookie Series: Compassionate Lawyering” webcast on Aug. 27 from noon to 1 p.m. CDT. The program will introduce attorneys to the principles of trauma-informed legal practice and explore how lawyers can better serve clients — especially those from marginalized or vulnerable backgrounds — by incorporating empathy and awareness into their work. Mental health professionals will join the discussion to examine how legal systems can unintentionally retraumatize clients and offer strategies for compassionate advocacy across various practice areas. For more information and to register, visit the TBA website.

Knox County lawyer Ray Hal Jenkins was suspended from the practice of law on Aug. 18 for two years. The Tennessee Supreme Court found that Jenkins committed professional misconduct by consuming alcohol on several occasions while performing his duties as judicial magistrate for the county. His actions were determined to violate Tennessee Rules of Professional Conduct 8.4.

On Aug. 15, Hamilton County lawyer Steven Michael Hodgen was suspended from the practice of law for six years, with five years to be serve on active suspension and the remainder on probation. The Tennessee Supreme Court conditioned probation on the appointment of a practice monitor. The action was taken after the court found that Hodgen indicated in court pleadings that he represented a party he had never spoken with, prejudiced the rights of a third party, and failed to reasonably communicate with the client, act in a diligent manner, expedite the client’s litigation, timely respond to dispositive motions, and discuss the case and filings with the complainant. His actions were determined to violate Tennessee Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 3.2, 3.3, 3.4(d) and 8.4(a), (c), and (d).

U.S. Supreme Court Justice Amy Coney Barrett praised collegiality in the legal profession as essential to a well-functioning judicial system during remarks Monday at the Seventh Circuit Judicial Conference in Chicago. Barrett, a former Notre Dame law professor and Seventh Circuit judge appointed to the high court by President Donald Trump in 2020, said lawyers learn to argue without letting disagreement consume relationships. She also credited that professionalism with enabling the system to work, according to Bloomberg Law.

A federal appeals court has overturned a judge’s finding of probable cause to hold Trump administration officials in criminal contempt for sending accused Venezuelan gang members to a prison in El Salvador despite an order to halt the deportations, Bloomberg Law reports. In a 2-1 ruling, U.S. officials will no longer face a contempt investigation or possible prosecution. In April, U.S. District Judge James Boasberg in Washington said officials acted in “willful disregard” of his orders to turn around planes carrying Venezuelans. Judge Greg Katsas, writing in support of the appeals court’s decision, said there was ambiguity in Boasberg’s initial order and that the government reasonably believed the ruling applied only to migrants physically leaving the U.S., which had already occurred by the time the order was issued.

A federal judge has struck down two Trump administration actions aimed at eliminating diversity, equity and inclusion (DEI) programs at the nation's schools and universities. U.S. District Judge Stephanie Gallagher in Maryland found that the Education Department violated the law when it threatened to cut federal funding from educational institutions that continued with DEI initiatives, National Public Radio reports. The guidance has been on hold since April when three federal judges blocked various portions. The ruling follows a motion for summary judgment from the American Federation of Teachers and the American Sociological Association, which argued the directives unlawfully expanded a 2023 Supreme Court decision restricting race-conscious decisions in admissions. The Associated Press reports on the initial actions.

A former Nashville police officer has been sentenced to one year of supervised probation after authorities said he participated in an adult video while on duty. Last week, Sean Herman entered a “best interest” plea in Nashville criminal court to one count of official misconduct, while a second count was dismissed, the Associated Press reports. The plea means he plead guilty while maintaining factual innocence. He also was granted judicial diversion. Herman was fired in May 2024 after detectives with the Specialized Investigations Division discovered the video and identified him by his police uniform. He was arrested the following month.