Tennessee has agreed to pay $150,000 to settle a defamation lawsuit brought by Dr. Michelle Fiscus, the state's former top vaccine official. Fiscus was terminated in 2021 after facing criticism over her department's promotion of the COVID-19 vaccine for minors. WKRN has more details.

The upcoming Knoxville municipal runoff election features three competitive races. In the race for municipal judgeship, incumbent Judge John Rosson Jr., with over three decades on the bench, faces challenger Tyler Caviness, a former public defender advocating for fresh perspectives and better accessibility to justice. The city council at large, Seat B race pits community advocate Debbie Helsley against homebuilder R. Bentley Marlow, with both candidates focusing on addressing housing shortages and increasing homelessness resources. In the city council at large, Seat C race, incumbent Amelia Parker faces real estate developer Tim Hill, with Parker emphasizing progressive causes and affordable housing while Hill advocates for increased public safety and using density and public-private funding to address housing shortages. The election is on Nov. 7, following early voting through Nov. 2. The Tennessee Lookout has in depth coverage on the race.

U.S. Citizenship and Immigration Services (USCIS) is issuing new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR). Effective Oct. 16, 2023, if EOIR dismissed or terminated removal proceedings and you choose to pursue a claim for asylum, a current version of Form I-589, Application for Asylum and for Withholding of Removal, must be submitted to the USCIS lockbox that has jurisdiction over the place of residence. If the evidence establishes that the Form I-589 was filed before the date when EOIR dismissed or terminated the removal proceedings, USCIS will issue a receipt notice with the original Form I-589 filing date, which is the date USCIS will use for deadline and scheduling purposes. More details are available here.

The Nashville Field Office of the U.S. Citizenship and Immigration Services (USCIS) held a stakeholders meeting on September 19 for congressional staff and immigration law practitioners to provide local updates and respond to questions. Members of TBA's Immigration Law section attended the meeting, and Chair Terry Olsen took notes for dissemination to those that couldn't attend. Topics included workflows, the status of asylum cases, and office staffing. Read the full notes from the meeting.

The Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking last week that would modernize the H-1B specialty occupation worker program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures. The H-1B nonimmigrant visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, defined by statute as occupations that require highly specialized knowledge and a bachelor’s or higher degree in the specific specialty, or its equivalent. The proposed rule would change how USCIS conducts the H-1B registration selection process to reduce the possibility of misuse and fraud; each unique individual who has a registration submitted on their behalf would be entered into the selection process once, regardless of the number of registrations submitted on their behalf. More details are available on USCIS's website.

U.S. Citizenship and Immigration Services (USCIS) issued policy guidance this week regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) classification. The update adds information about how USCIS determines whether the requirement has been met, the evidence a benefit requestor may submit to show compliance with the requirement, and how it considers situations in which it is effectively impossible for the benefit requestor to satisfy the requirement. It also corrects an omission from existing Policy Manual content of one of the foreign medical graduates’ grounds for waivers of the foreign residence requirement. Read the press release.

Memphis Area Legal Services (MALS) will hold three legal clinics in November. The “Attorney of the Day Clinic” will take place Nov. 2 and 16 from 1-3 p.m. CST at the Shelby County Courthouse, 140 Adams Ave., Room 134, Memphis 38103. The monthly Saturday clinic at the Benjamin Hooks Library will take place Nov. 11 beginning at 10 a.m. The library is located at 3030 Poplar Ave., Memphis 38111. For both clinics, clients will be served on a first come, first served basis. For questions or to volunteer contact Heather Staggs or Walter Casey.

Public speaking is a core leadership skill and in today’s business environment, attorneys are expected to be comfortable with everything from moderating a panel discussion to leading a virtual meeting. Mimi Bliss of Bliss Communications has updated her highly-rated CLE on virtual presentations to cover a range of professional situations, from virtual courtrooms to professional conferences, panel discussions and informal communications. In this on-demand workshop, you’ll learn how to sharpen your message; engage your audience; master the virtual presentation, including technology tools, lighting and set-up; and use voice, gestures and eye contact to speak effectively. Attorneys who participated in last year’s workshop said the speaking tips were actionable and relevant to lawyers. Join us online Nov. 15 from noon to 1 p.m. CST for this CLE and receive one dual credit hour.

Tennessee is suing the U.S. Department of Health and Human Services (HHS) over millions of dollars in family planning funding the state lost after it violated federal requirements for clinics to counsel clients on all reproductive health options, including abortion, the Tennessean reports. In the complaint filed in federal court in Knoxville, Attorney General Jonathan Skrmetti argues HHS rules about Title X requirements have flip-flopped in recent years and that the HHS requirement violates Tennesseans' "First Amendment rights not to engage in speech or conduct that facilitates abortions."

The deadline for applying for the Tennessee Bar Association’s Leadership Law 2024 class is Nov 3. Contact Paul Burch pburch@tnbar.org if you have questions about the program or the application process.