Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
General Counsel, xAI and X
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Brandon Smith is a partner at Holtzman Vogel, based in Tennessee, where he focuses on government investigations, white collar matters, and specialty litigation. A seasoned government leader and legal strategist, Brandon has played a central role in shaping conservative policy and litigation at the highest levels of state government.
Before joining the firm, Brandon served as Chief of Staff and Assistant Solicitor General in the Tennessee Attorney General’s Office. In that role, he led multi-state litigation, high-profile constitutional challenges, and efforts to counter federal overreach and ESG-related corporate activism. He worked closely with nearly every Republican Attorney General’s Office in the country, coordinating litigation, strategy, and multi-state policy efforts.
Earlier in his career, Brandon served as Executive Director of Legislative and Regulatory Affairs for Kentucky Governor Matt Bevin and as Policy Director to Kansas Governor Sam Brownback, where he helped drive key legislative and budget initiatives. He also held roles as Deputy Director of the Federalist Society and as an adjunct professor at American University.
Brandon’s career has been defined by a commitment to defending federalism, advancing conservative governance, and shaping legal and policy fights that matter.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
General Counsel, xAI and X
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Brandon Smith is a partner at Holtzman Vogel, based in Tennessee, where he focuses on government investigations, white collar matters, and specialty litigation. A seasoned government leader and legal strategist, Brandon has played a central role in shaping conservative policy and litigation at the highest levels of state government.
Before joining the firm, Brandon served as Chief of Staff and Assistant Solicitor General in the Tennessee Attorney General’s Office. In that role, he led multi-state litigation, high-profile constitutional challenges, and efforts to counter federal overreach and ESG-related corporate activism. He worked closely with nearly every Republican Attorney General’s Office in the country, coordinating litigation, strategy, and multi-state policy efforts.
Earlier in his career, Brandon served as Executive Director of Legislative and Regulatory Affairs for Kentucky Governor Matt Bevin and as Policy Director to Kansas Governor Sam Brownback, where he helped drive key legislative and budget initiatives. He also held roles as Deputy Director of the Federalist Society and as an adjunct professor at American University.
Brandon’s career has been defined by a commitment to defending federalism, advancing conservative governance, and shaping legal and policy fights that matter.
Partner, Ashbrook Byrne Kresge Flowers LLC
Ben Flowers, a partner at Ashbrook Byrne Kresge Flowers LLC, is an accomplished litigator with experience briefing, arguing, and winning high-stakes cases in courts throughout the country.
Before joining the law firm, Ben served as Ohio's 10th Solicitor General. In that role he regularly represented the State of Ohio before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the Supreme Court of Ohio. Most prominently, in National Federation of Independent Business v. Department of Labor, Ben led a multi-state challenge to OSHA's vaccine mandate, ultimately prevailing before the Supreme Court.
Ben is a graduate of The Ohio State University and the University of Chicago Law School. Following law school, Ben clerked for Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the Supreme Court of this United States. Ben lives in Upper Arlington, Ohio with his wife Denise and their three very active children.
Judge, United States Court of Appeals, Sixth Circuit
The Honorable Whitney Hermandorfer is a judge on the United States Court of Appeals for the Sixth Circuit. She was nominated to the court by President Donald Trump (R) on May 12, 2025, and confirmed by the United States Senate on July 14, 2025.
Prior to her appointment, she worked in the Office of the Tennessee Attorney General as Director of the Strategic Litigation Unit. In that role, Whitney focused on leading constitutional, statutory, and administrative-law challenges to federal agency action, as well as on defending the State in complex matters at the trial and appellate level.
Whitney previously worked at Williams & Connolly LLP in Washington, DC, where she focused on appellate and administrative-law litigation. Whitney clerked for Justice Samuel Alito in the OT 2018 Supreme Court term and for Justice Amy Coney Barrett during her inaugural OT 2020 term. Prior to that, Whitney clerked for then-Judge Kavanaugh on the D.C. Circuit, and Judge Richard Leon on the U.S. District Court for D.C. Whitney is a graduate of Princeton University and George Washington University Law School.
Solicitor General of Kentucky
Matt Kuhn serves as the Solicitor General of Kentucky. As Solicitor General, he oversees the office's civil and criminal appellate litigation and supervises the office's filing of amicus briefs. Since joining the Attorney General's office, he has argued in the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the Supreme Court of Kentucky. Before joining the Attorney General's office, he served as Chief Deputy General Counsel to the Governor of Kentucky. He also worked in private practice at Jones Day in Washington, D.C. and Stoll Keenon Ogden in Louisville, and served as a law clerk for Judge Raymond Gruender of the United States Court of Appeals for the Eighth Circuit. He is a graduate of Furman University and Columbia Law School.
Judge, United States Court of Appeals, Sixth Circuit
Eric Murphy has been a Judge on the United States Court of Appeals for the Sixth Circuit since March 2019. He previously served as the ninth State Solicitor of Ohio. In that role, Eric briefed and argued appellate cases on behalf of Ohio and its state agencies and officers in the U.S. Supreme Court, the U.S. Court of Appeals for the Sixth Circuit, and the Ohio Supreme Court. Before his appointment as State Solicitor, Eric practiced appellate litigation at Jones Day. After graduation from law school, he served as a law clerk for Justice Anthony M. Kennedy of the Supreme Court of the United States, and Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit. He received his law degree from the University of Chicago and his undergraduate degree from Miami University.
Member, Bass, Berry & Sims
As a member of the firm’s Compliance & Government Investigations Practice Group, former Tennessee Attorney General Bob Cooper has broad experience in consumer protection and compliance monitoring.
Bob served eight years as Tennessee Attorney General and four years as legal counsel to Tennessee Governor Phil Bredesen. In 2015, he rejoined the firm where he led high-stakes litigation and investigations and served as the Compliance Monitor in a consumer protection consent decree involving the Commonwealth of Kentucky and Daymar Colleges Group, a for-profit college system. In 2019, Bob left the firm to lead the Metro Nashville Department of Law. He rejoined the firm in 2021.
Bob advises clients on matters related to compliance and enforcement issues and assists clients in responding to internal investigations from federal, state or local governments. Clients draw upon Bob’s years of public service experience to help maneuver through a state’s administrative processes, including challenges to regulations, contracts and other official actions. In addition, he provides counsel on enforcement of nonprofit and charitable entities law.
Associate Justice, Tennessee Supreme Court
Sworn in by Governor Bill Haslam in September 2014, Tennessee Supreme Court Justice Holly Kirby is the first graduate of the University of Memphis ever to sit on Tennessee’s highest court. A career jurist, Justice Kirby has authored well over a thousand opinions from appeals all across the state.
Prior to her appointment to the Supreme Court, Justice Kirby served for almost 19 years on the Tennessee Court of Appeals, Tennessee’s intermediate appellate court for civil cases. She represented a gender milestone on the Court of Appeals—when she was appointed in 1995, she became the first woman ever to sit on that Court.
A lifelong Tennessean, Justice Kirby was born in Memphis and graduated from high school in Columbia, Tennessee. As an undergraduate at the University of Memphis, she held a number of student leadership positions and graduated in 1979 with high honors, with a B.S. in mechanical engineering.
In 1982, Justice Kirby graduated from the University of Memphis School of Law with high honors. Upon graduation, she served as a judicial law clerk on the U.S. Court of Appeals for the Sixth Circuit.
After her clerkship, Justice Kirby joined the Memphis law firm of Burch, Porter & Johnson, where she was active in politics and community service. When she was selected as partner in 1990, she became the firm’s first female partner.
From the time of her appointment to the Court of Appeals in 1995 to the present, Justice Kirby has won 5 statewide elections, in 1996, 1998, 2006, 2014, and 2016.
Justice Kirby was chosen as Outstanding Young Alumna for the University of Memphis in 1996, Outstanding Alumna for the University of Memphis College of Engineering in 2002, and Special Distinguished Alumna for the School of Law in 2016. She is married to Memphis businessman Russell Ingram and has two grown children. The family belongs to Idlewild Presbyterian Church.
Solicitor General, Tennessee Attorney General's Office
Matt Rice serves as the Solicitor General of Tennessee. Before joining the State, Matt worked in private practice at Williams & Connolly LLP. He clerked for Justice Clarence Thomas on the United States Supreme Court as well as Judge Sandra Ikuta on the United States Court of Appeals for the Ninth Circuit. Before his legal career, Matt played professional baseball in the Tampa Bay Rays organization.
Senator, 24th District, Tennessee State Senate
Senator Stevens was elected to the State Senate in 2012 and represents Obion, Weakley, Henry, Gibson, Carroll and Benton Counties in Northwest Tennessee. Sen. Stevens is the first Republican to ever represent Obion and Weakley counties in the State Senate. Sen. Stevens is 45 years old and lives in Huntingdon, Tennessee, with his wife, Elicia, and his two daughters, Lexie and Mary Kendall. Mr. Stevens and his family are members of the First Baptist Church Huntingdon where John teaches Sunday school and coaches his daughters’ Upward basketball teams, He enjoys running, is an avid sports fan, is a lifetime learner, and occasionally spoiling a good walk by trying to golf.
Judge, Tennessee Court of Appeal
Jeffrey Usman is a member of the Tennessee Court of Appeals. He earned his bachelor's degree from Georgetown University, his J.D. from Vanderbilt Law School, and his LL.M. from Harvard Law School. He clerked for Judge W. Harold Albritton of the United States District Court for the Middle District of Alabama and Judge Mary Beck Briscoe of the United States Court of Appeals for the Tenth Circuit. He also previously served as a career clerk for Justice William C. Koch, Jr. of the Tennessee Supreme Court and as an Assistant Attorney General for the State of Tennessee. Most recently, he was professor at the Belmont University College of Law for over a decade. At Belmont, he taught constitutional law related courses and was recognized 5 times with a best professor award.
Attorney General of Tennessee
Jonathan Skrmetti was sworn in to an eight-year term as Tennessee’s Attorney General and Reporter on September 1, 2022.
Prior to his current role, General Skrmetti served as Chief Counsel to Governor Bill Lee and as Chief Deputy Attorney General to his predecessor, Tennessee Attorney General Herbert Slatery.
Before working for the State of Tennessee, General Skrmetti was a partner at Butler Snow LLP in Memphis. His legal career began with nearly a decade as a federal prosecutor. He worked at the Civil Rights Division at Main Justice and then at the Memphis U.S. Attorney’s Office and prosecuted sex traffickers, corrupt government officials, and violent white supremacists. In addition, General Skrmetti taught cyberlaw as an adjunct professor at the University of Memphis.
General Skrmetti earned honors degrees from George Washington University, the University of Oxford, and Harvard Law School, where he was editor-in-chief of the Harvard Journal of Law & Public Policy. Following law school, Jonathan clerked for Judge Steven Colloton on the U.S. Court of Appeals for the Eighth Circuit. He lives in Franklin, Tennessee, with his wife and four children.
Solicitor General, Tennessee Attorney General's Office
Matt Rice serves as the Solicitor General of Tennessee. Before joining the State, Matt worked in private practice at Williams & Connolly LLP. He clerked for Justice Clarence Thomas on the United States Supreme Court as well as Judge Sandra Ikuta on the United States Court of Appeals for the Ninth Circuit. Before his legal career, Matt played professional baseball in the Tampa Bay Rays organization.
Vice President & Special Counsel, Lion Real Estate Group
A discussion within the right: Why is there not a larger conservative plaintiffs' bar?
Mark A. Behrens, James M. Burnham, Andrew N. Ferguson, Ashley Keller, Brandon J. Smith
For decades, the plaintiffs' bar has been populated by liberal lawyers who support left-wing elected...
A discussion within the right: Why is there not a larger conservative plaintiffs' bar?
Panel One: The Role of State Solicitors General
2023 Kentucky Chapters Conference
Versailles, KYPanel 2: The Separation of Powers in the Tennessee Constitution
Inaugural Tennessee Chapters Conference
Nashville, TNA Conversation with Tennessee Attorney General Jonathan Skrmetti
Tennessee Student Chapter
Knoxville, TN2023 Supreme Court Round Up
Memphis Lawyers Chapter
Memphis, TNThe Founders and Inflation: How the Dollar Once Limited Government
Alaska Lawyers Chapter
Anchorage, AKTopics
Federal Appellate Court Upholds State Ban on Gender Medicine for Minors
Recently, the Sixth Circuit upheld Tennessee’s ban on so-called gender-affirming medical interventions for minors. Of...
Topics
Attorneys General Clash Over What SFFA Decisions Mean For Employer DEI Programs
On June 29, 2023, the Supreme Court issued its blockbuster opinions in two cases involving...
Tennessee Supreme Court Clarifies Which Policy Statements Must Undergo Notice and Comment
Thomas Berry
While the federal Administrative Procedure Act (APA)[1] may receive the most attention from students of...