Member, Foster Pepper PLLC
Tom Ahearne has over 30 years of litigation experience. His practice focuses on two distinct areas: (1) representing policyholders in insurance coverage disputes, and (2) representing litigants in suits based on constitutional law, statutory rights, and election disputes.
Insurance Coverage: Tom has been successfully representing insureds and claimants in a wide array of state and federal court coverage litigation since the 1980s. He’s a frequent speaker on insurance coverage at trade association and legal industry seminars, and was named the Best Lawyers® 2011 Insurance Law “Lawyer of the Year” in Seattle.
Constitutional Law, Statutory Rights, & Elections: Tom’s experience over the past three decades includes major constitutional suits such as the McCleary education funding litigation, election disputes such as the Rossi-Gregoire Governor’s election lawsuits, numerous ballot title challenges including I-933, I-895, I-892, I-885, I-884, I-864, & I-860, and cases resolving the enforcement or validity of statutes and initiatives such as Washington’s Top-Two primary system and various Tim Eyman measures. Tom’s related work has been recognized in publications such as Washington Super Lawyers (2012 “Paramount Duty” article) and Seattle Magazine (“2010 Most Influential Lawyer of the Year”).
Joel focuses his litigation practice on the defense of patent infringement claims and challenges to patent validity as well as disputes over trademarks, copyrights and other intellectual property. A registered patent attorney, he has deep experience in post-grant practice before the Patent Office, particularly contested review conducted in parallel with patent infringement litigation. Joel works closely with trial teams preparing patent portfolios for assertive litigation through rigorous “pre-examination” claim validity review and owner-directed re-examination and correction. He has also represented clients in copyright matters and related questions involving the rights surrounding various methods of copying, storing, reproducing and streaming digital media.
Joel litigates and advises candidates, election officials and members of the public on election law, including ballot access and integrity provisions of federal law. He has extensive experience in voter roll integrity and language minority ballot access provisions of federal election statutes. Joel has investigated and enforced statewide violations of Section 8 of the National Voter Registration Act, and implemented election day polling place observers in primary and general elections in numerous jurisdictions.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Director, Sitren Legal
Carrie Ann Donnell joined Arizona’s legal community after graduating law school from Wake Forest University. While clerking at a civil liberties firm in Phoenix (the Institute for Justice), Carrie Ann undertook two milestone voyages – to the courthouse to file her first legal brief, and to the wilderness to spend her first night in a tent. True to character, Carrie Ann spent months diligently preparing for both, and set her sights high. Her brief went to the Arizona Supreme Court, and her camping trip spanned four nights in the Grand Canyon. Carrie Ann soon made her home in the valley, where she enjoys rafting, hiking, and camping with her children.
Carrie Ann began her professional career at the Goldwater Institute, filling three roles simultaneously. As litigation attorney, paralegal, and administrative support for the brand new two-person legal team, Carrie Ann quickly became familiar with all aspects of representing clients. Her first lawsuit went to the Arizona Supreme Court to vindicate the Gift Clause of the Arizona Constitution on behalf of taxpayers in a $100 million subsidy challenge. Carrie Ann later launched the American Freedom Network for pro bono service at the Goldwater Institute.
Carrie Ann is honored to have directed the Pro Bono Center at the Federalist Society, where she remains an active member.
Superior Court of California for the County of Los Angeles
Carolyn Barbara Kuhl is a judge on the Superior Court of California for the County of Los Angeles and a former nominee to the United States Court of Appeals for the Ninth Circuit. After receiving her law degree in 1977 from Duke Law School, she clerked for future Supreme Court Justice, Anthony M. Kennedy, from 1977–78. From 1981–86, she served in the United States Department of Justice. She worked as a partner in the Los Angeles law firm of Munger, Tolles & Olson, focusing on civil business litigation with a specialty in appellate litigation, from 1986–95. She became a judge on the Superior Court of California for the County of Los Angeles in 1995 and was nominated to a seat on the United States Court of Appeals for the Ninth Circuit on June 22, 2001 by President George W. Bush.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Member, Foster Pepper PLLC
Tom Ahearne has over 30 years of litigation experience. His practice focuses on two distinct areas: (1) representing policyholders in insurance coverage disputes, and (2) representing litigants in suits based on constitutional law, statutory rights, and election disputes.
Insurance Coverage: Tom has been successfully representing insureds and claimants in a wide array of state and federal court coverage litigation since the 1980s. He’s a frequent speaker on insurance coverage at trade association and legal industry seminars, and was named the Best Lawyers® 2011 Insurance Law “Lawyer of the Year” in Seattle.
Constitutional Law, Statutory Rights, & Elections: Tom’s experience over the past three decades includes major constitutional suits such as the McCleary education funding litigation, election disputes such as the Rossi-Gregoire Governor’s election lawsuits, numerous ballot title challenges including I-933, I-895, I-892, I-885, I-884, I-864, & I-860, and cases resolving the enforcement or validity of statutes and initiatives such as Washington’s Top-Two primary system and various Tim Eyman measures. Tom’s related work has been recognized in publications such as Washington Super Lawyers (2012 “Paramount Duty” article) and Seattle Magazine (“2010 Most Influential Lawyer of the Year”).
Joel focuses his litigation practice on the defense of patent infringement claims and challenges to patent validity as well as disputes over trademarks, copyrights and other intellectual property. A registered patent attorney, he has deep experience in post-grant practice before the Patent Office, particularly contested review conducted in parallel with patent infringement litigation. Joel works closely with trial teams preparing patent portfolios for assertive litigation through rigorous “pre-examination” claim validity review and owner-directed re-examination and correction. He has also represented clients in copyright matters and related questions involving the rights surrounding various methods of copying, storing, reproducing and streaming digital media.
Joel litigates and advises candidates, election officials and members of the public on election law, including ballot access and integrity provisions of federal law. He has extensive experience in voter roll integrity and language minority ballot access provisions of federal election statutes. Joel has investigated and enforced statewide violations of Section 8 of the National Voter Registration Act, and implemented election day polling place observers in primary and general elections in numerous jurisdictions.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Director, Sitren Legal
Carrie Ann Donnell joined Arizona’s legal community after graduating law school from Wake Forest University. While clerking at a civil liberties firm in Phoenix (the Institute for Justice), Carrie Ann undertook two milestone voyages – to the courthouse to file her first legal brief, and to the wilderness to spend her first night in a tent. True to character, Carrie Ann spent months diligently preparing for both, and set her sights high. Her brief went to the Arizona Supreme Court, and her camping trip spanned four nights in the Grand Canyon. Carrie Ann soon made her home in the valley, where she enjoys rafting, hiking, and camping with her children.
Carrie Ann began her professional career at the Goldwater Institute, filling three roles simultaneously. As litigation attorney, paralegal, and administrative support for the brand new two-person legal team, Carrie Ann quickly became familiar with all aspects of representing clients. Her first lawsuit went to the Arizona Supreme Court to vindicate the Gift Clause of the Arizona Constitution on behalf of taxpayers in a $100 million subsidy challenge. Carrie Ann later launched the American Freedom Network for pro bono service at the Goldwater Institute.
Carrie Ann is honored to have directed the Pro Bono Center at the Federalist Society, where she remains an active member.
Superior Court of California for the County of Los Angeles
Carolyn Barbara Kuhl is a judge on the Superior Court of California for the County of Los Angeles and a former nominee to the United States Court of Appeals for the Ninth Circuit. After receiving her law degree in 1977 from Duke Law School, she clerked for future Supreme Court Justice, Anthony M. Kennedy, from 1977–78. From 1981–86, she served in the United States Department of Justice. She worked as a partner in the Los Angeles law firm of Munger, Tolles & Olson, focusing on civil business litigation with a specialty in appellate litigation, from 1986–95. She became a judge on the Superior Court of California for the County of Los Angeles in 1995 and was nominated to a seat on the United States Court of Appeals for the Ninth Circuit on June 22, 2001 by President George W. Bush.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Litigating State Constitutional Issues
Thomas Ahearne, Joel Ard, Paul Avelar, Carrie Ann S. Donnell, Carolyn B. Kuhl, Jeremy B. Rosen
2017 Annual Western Chapters Conference
The past forty years have seen a surge in efforts to litigate under state constitutional provisions...
Litigating State Constitutional Issues
Thomas Ahearne, Joel Ard, Paul Avelar, Carrie Ann S. Donnell, Carolyn B. Kuhl, Jeremy B. Rosen
2017 Annual Western Chapters Conference
The past forty years have seen a surge in efforts to litigate under state constitutional provisions...