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.
Policy Advisor, Heartland Institute
Jeff Stier is a policy advisor to the Heartland Institute.
He is widely quoted in the media and has written health policy op-eds for The Wall Street Journal, the Los Angeles Times, USA Today, The New York Post, The Washington Examiner, and Foxnews.com. The New York Times, the Associated Press, Reuters, CNN, Fox News, CNBC, MSNBC, NPR and other major outlets have interviewed and quoted Stier on a wide range of topics.
Stier has testified at state and local legislatures throughout the U.S., at FDA scientific hearings and at the Office of Management and Budget. He has also been a voice for freedom at hearings at the United Nations and in Israel’s Knesset. During more than two decades of advancing public health and defending liberty, Stier has been a speaker at CPAC, policy retreats for elected officials and medical and legal conferences.
Stier advises leading investment firms on regulatory and legal risk.
Earlier, Mr. Stier crafted health and environmental policy in the Office of the Mayor during the Giuliani administration in New York City.
Mr. Stier serves on the boards of the non-profit Jewish International Connections and Park City Jewish Collective. While earning his law degree at the Benjamin N. Cardozo School of Law, Mr. Stier served two terms as Editor-In-Chief of the Cardozo Law Forum. Jeff and his canine, BB, served as a Certified Crisis Response Strike Team with NATIONAL Crisis Response Canines, supporting survivors and first-responders.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Partner, WilmerHale LLP
Matthew Martens represents clients in their toughest civil and criminal investigations and litigation. He is one of the few lawyers who has appeared—and won—at trial at “all four tables”: civil plaintiff, civil defendant, criminal prosecution, and criminal defendant. In all, he has tried 26 cases ranging from securities fraud to patent infringement to consumer fraud to murder to employment law to money laundering, in New York, California, Illinois, Texas, Florida, Washington, South Dakota, New Jersey, and North Carolina. He has also argued 18 appeals in federal and state appellate courts across the country. Martens joined WilmerHale after a long career of government service, including both as Chief Litigation Counsel for the SEC’s Division of Enforcement and, earlier, as Chief of Staff for the Criminal Division at the US Department of Justice during the Bush Administration. He has been recognized as an AmLaw Daily Litigator of the Week, a National Law Journal Litigation Trailblazer and a Law360 Securities Law MVP.
At the SEC, Martens led the Enforcement Division's litigation program, managing cases nationwide and supervising a trial unit of approximately 40 attorneys in Washington DC, as well as coordinating the activity of litigators throughout the SEC's 11 regional offices. He personally developed and directed the Commission's nationwide litigation response to the Supreme Court's decision in Janus Capital, for which he received the SEC's prestigious Chairman's Award for Excellence.
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
Chair, Supreme Court and Appellate Practice, Alexander Dubose Jefferson
Daniel L. Geyser is Chair of the firm’s U.S. Supreme Court and Federal Appellate Practice. He focuses on complex and high-stakes appellate litigation, representing clients in the Supreme Court of the United States and in courts of appeals nationwide. He was named one of Law360’s 2019 “Appellate MVPs,” an honor awarded to only four lawyers in the United States.
Dan is widely regarded as one of the nation’s leading Supreme Court and appellate lawyers. The Legal 500 reports that Dan is “recognized by peers and clients alike as ‘an extraordinary oral advocate and brief writer,’” “stand[ing] out for his sheer brainpower and creative thinking”; clients say “Geyser’s intellect and analysis are peerless”; “‘[h]is legal analysis is brilliant and on point, and his written and oral advocacy is very strong and powerful.’” Chambers USA describes Dan as a “‘superb lawyer with impeccable judgment and a wonderful manner in oral arguments,’” adding he has “‘that rare ability to make clients and legal counsel at ease, even under difficult circumstances. He instills confidence.’”
Dan is among an elite group of lawyers who regularly handles significant cases in the U.S. Supreme Court. He has argued eleven U.S. Supreme Court cases in private practice, more than any other active Texas lawyer. He recently had three cert. petitions granted in a 12-month period (a feat matched by few global firms), and personally handled over 5% of the Court’s merits docket in OT 2018. He has been named to the National Law Journal’s “Appellate Hot List,” earned weekly honors as a Law360 “Legal Lion,” achieved national appellate rankings in Chambers & Partners and The Legal 500, and was listed among the “veritable who’s who of the Supreme Court bar” (Empirical SCOTUS). His petitions are regularly featured among the “Petitions of the Week” on SCOTUSblog, and he was named OT 2017’s “top performing” brief-writer among the Court’s repeat players (based on a 2018 empirical study using brief-analyzing software). He is a three-time winner of the National Association of Attorneys General’s Best Brief Award for excellence in brief-writing before the Supreme Court.
Dan routinely matches up against the top litigators in the country. He has convinced the Supreme Court to grant review over the opposition of elite appellate groups at multiple Am Law 20 firms, and his recent wins have come against superstars at Am Law 10 firms and the Solicitor General’s Office. In the past half-decade, Dan is among the top five lawyers nationwide for total Supreme Court arguments in private practice, notching “rare victor[ies]” (SCOTUSblog) and “huge win[s]” (Reuters) in cases that industry experts said could not be won. And Dan is already set to argue another major case in the Supreme Court’s upcoming Term, a closely watched battle involving the Federal Arbitration Act and federal jurisdiction; the case was one of Dan’s two cert. grants in 2021 alone.
Beyond the Supreme Court, Dan handles high-stakes matters in appellate courts nationwide, litigating cases in virtually every major area of federal law (especially securities, bankruptcy, patents, ERISA, and arbitration). For plaintiffs, he has crafted legal strategy in matters generating over a half-billion in recovery. For defendants, he has won appeals in 8- and 9-figure disputes. He has special expertise at the rehearing stage, and has argued before the en banc Ninth Circuit (winning 10-1). In addition to an active federal practice, Dan has handled landmark state-court appeals, including arguing seven times before the Texas Supreme Court.
Before joining ADJ, Dan ran his own award-winning appellate practice; served as the appellate chair of a prominent litigation boutique (also leading that firm to the National Law Journal’s “Appellate Hot List” and a Chambers USA national-appellate ranking); and was an appellate partner in one of the nation’s top litigation firms, building its appellate practice while focusing especially on complex patent appeals and bankruptcy cases.
From 2007-2011, Dan served in the Office of the Solicitor General of Texas, where he conducted and supervised appellate litigation for the State. In addition to handling his own docket, his experience in the office included advising other divisions on appellate and trial strategy, revising countless briefs in cases across all subject areas, and extensively preparing other attorneys (in moot courts and otherwise) for oral argument. In his last week on the job, Dan argued before the Texas Supreme Court in Severance v. Patterson, one of the State’s most important cases in recent memory—a constitutional attack on the public’s historic access to open beaches; he had earlier won “a rare motion to rehear the case” (Austin American-Statesman, 2011). The same week, Dan also won a major case in the U.S. Supreme Court, Sossamon v. Texas, involving Congress’s spending power and state sovereignty; Dan wrote the State’s briefs in that case and crafted its core legal theories and appellate strategy. He was also the principal writer of the State’s invitation brief in Rhine v. Deaton, a case marking the very first time the U.S. Supreme Court called for a state solicitor general to file a brief expressing the views of a State.
Dan graduated Phi Beta Kappa, with honors and distinction, from Stanford University, and with honors from Harvard Law School, where he was the Notes Chair of the Harvard Law Review, a best-brief winner and oralist on the championship team of Harvard’s moot-court competition, and a research assistant to Professor Laurence H. Tribe, working on his academic writing and appellate docket. After law school, Dan clerked for the Hon. Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. He has received the State Bar of California’s Wiley W. Manuel Award for Pro Bono Legal Services and is a past appointee to the U.S. Court of Appeals for the Second Circuit Pro Bono Panel.
President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty, Catholic University; Visiting Professor, Harvard Law School
Mark joined the Becket team in 2011 and splits his time as Associate Professor at The Catholic University of America, Columbus School of Law, and as Visiting Professor at Harvard Law School. Mark teaches constitutional law, religious liberty, torts, and evidence. He has been voted Teacher of the Year three years in a row by the Law School’s Student Bar Association.
Mark has broad experience litigating First Amendment religious exercise and free speech cases. He has represented the winning parties in a variety of Supreme Court First Amendment cases including Hobby Lobby, Little Sisters, Wheaton College, and Holt. In January 2014, Mark argued before the Supreme Court in McCullen v. Coakley, a First Amendment challenge to a Massachusetts speech restriction outside of abortion clinics. The Justices ruled in favor of his clients 9-0. Mark also led a successful eight-year litigation battle against Governor Blagojevich’s effort to force religious pharmacists to distribute the morning-after and week-after pills.
Mark’s academic writing focuses on the First and Fourteenth Amendments, and has appeared in a variety of prestigious journals, including the Harvard Law Review.
Mark is a widely sought after speaker on constitutional issues, particularly concerning abortion and the First Amendment. Professor Rienzi has been invited to discuss these issues at Harvard Law School, Columbia University Law School, Georgetown University Law Center, Boston College Law School, Notre Dame Law School, the National Press Club, and the Capitol. He has been quoted on constitutional law issues on NPR, in the Washington Times, The New York Daily News, and the Chicago Sun-Times. Mark has also been featured on the Kelly File, Fox News Sunday, Your World with Neil Cavuto, Geraldo at Large, CNN Tonight, CNN Live, Andrea Mitchell Reports, and Wall Street Journal Live.
Prior to joining Becket, Mark served as counsel for the litigation department and the intellectual property litigation practice group of WilmerHale LLP. His practice focused on complex civil and appellate litigation with a particular emphasis on intellectual property and First Amendment issues. Prior to joining WilmerHale, he served as law clerk to the Hon. Stephen F. Williams, senior circuit judge for the U.S. Court of Appeals for the D.C. Circuit. Prior to that, Mark was an editor of the Harvard Law Review, and earned his J.D. from Harvard Law School and B.A. from Princeton University, both with honors.
Professor of Law, Widener University Commonwealth Law School
Vice President for Legal Strategy, Stand Together
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at
Americans for Prosperity. In these roles he advocates for and creates strategies and
partnerships to ensure a constitutionally limited government that protects the civil liberties of all
Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending
the First Amendment rights of students, faculty, healthcare workers and religious organizations.
Casey has a J.D. from Boston College School of Law and an undergraduate degree from the
University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at
@Casey-Mattox-ST.
Associate, Wiley Rein LLP
Krystal represents and advises clients in a variety of complex litigation and appellate matters in state and federal courts. She has served in legal capacities in both public and private entities, including the U.S. Department of Justice and federal trial and appellate courts, and has extensive litigation experience ranging from pre-complaint investigations and discovery disputes to critical motions practice, trial preparation, and appeals. Krystal specializes in providing creative litigation solutions to give her clients a strategic advantage, both in and out of the courtroom.
Her experience spans a wide variety of practice areas, including government contracts, intellectual property, environment and product regulation, telecommunications, health care, as well as election law and government ethics. Krystal’s appellate work, including before the U.S. Supreme Court, has focused on significant First Amendment issues.
Krystal served as a law clerk for the Honorable Mark S. Davis on the U.S. District Court for the Eastern District of Virginia (the “Rocket Docket”). In addition, she served as a law clerk for the Honorable Alice M. Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Krystal also maintains an active pro bono practice, and for two consecutive years has won firm awards for her contributions. Most recently, she briefed and argued a multi-issue appeal of a trial verdict in the Ninth Circuit, and successfully obtained remand from the Board of Immigration Appeals after her client was denied protection under the U.N. Convention Against Torture.
Jay Kingham Senior Research Fellow in International Regulatory Affairs, The Heritage Foundation
Brett D. Schaefer is the Jay Kingham Fellow in International Regulatory Affairs at Heritage's Margaret Thatcher Center for Freedom.
Schaefer analyzes a range of foreign policy issues, focusing primarily on the United Nations and affiliated funds and programs. He frequently speaks and publishes on issues related to the world body and its activities.
Schaefer is editor of the 2009 book, ConUNdrum: The Limits of the United Nations and the Search for Alternatives (Rowman & Littlefield). It features chapters written by fellow experts on an array of international activities and responsibilities conducted by the U.N. and related international organizations, among them diplomacy, international law, peacekeeping, the environment, disarmament, health, human rights, trade and development.
A frequent visitor to sub-Saharan Africa, Schaefer has written extensively on economic development and peace and security issues there and how those issues affect America's national interests.
Schaefer's writing and analysis include contributions to rankings of individual nations in the annual Index of Economic Freedom, published by Heritage and The Wall Street Journal.
He speaks frequently to audiences of business leaders, congressional staff and academics, and has testified before Congress on the United Nations and foreign assistance and development.
Schaefer's appearances on a variety of radio and television programs include CNN, Fox, MSNBC, BBC and C-SPAN.
He joined Heritage in 1995 and was named Kingham Fellow in September 1996. He worked at the Pentagon as an assistant for international criminal court policy from March 2003 to March 2004.Schaefer received his master's degree in international development from the School of International Service at American University in Washington, D.C. He also holds a bachelor's degree in anthropology from Florida State University.
Senior Legal Fellow and Manager, National Security Law Program, The Heritage Foundation
Charles “Cully” Stimson is a widely recognized expert in national security, homeland security, crime control, drug policy and immigration. A senior legal fellow at The Heritage Foundation since 2007, Stimson became Manager of the National Security Law Program in Heritage’s Institute for Constitutional Government in April 2013 after serving as Heritage’s chief of staff for a year.
Stimson writes and lectures on policy issues such as the law of armed conflict, terrorist detainee policy and interrogations, the Geneva Conventions, military commissions, the Patriot Act and FISA, criminal law and the death penalty, immigration and the war on drugs. As chief of staff to then-Heritage President Edwin J. Feulner, he was a key adviser on public policy matters as well as manager of Feulner’s office staff and Heritage’s day-to-day operations.
Stimson’s many research papers, op-eds and articles include special reports such as “Adult Time for Adult Crime,” a comprehensive study on the constitutionality of life sentences for teen-age murderers, and Sexual Assault in the Military: Understanding the Problem and How to Fix It, a ground-breaking paper detailing the inner workings of the military justice system compared to its civilian counterpart. His work on criminal and immigration law has been cited in briefs before the U.S. Supreme Court.
He testifies before the U.S. Senate and House on national security issues, and recently testified before the Senate Armed Services Committee on the Law of Armed Conflict, Law of War, and the 2001 Authorization for Use of Military Force.
Before joining the think tank in 2007, Stimson served as Deputy Assistant Secretary of Defense for Detainee Affairs. He advised then-Secretaries of Defense Donald Rumsfeld and Robert Gates and coordinated the Pentagon’s global detention policy and operations, including at Guantanamo Bay and in Iraq and Afghanistan. He was chairman of detainee-related panels such as the Defense Senior Leadership Oversight Committee, and the Special Detainee Follow Up Group. He represented the United States before the U.N. in Geneva, Switzerland in May 2006 where he led the DOD delegation in defense of the United States’ Second Period Report on the Convention Against Torture.
An accomplished trial lawyer, Stimson worked as a prosecutor at the local, state and federal levels, where he concentrated on violent crimes such as homicide, sexual assault and domestic violence. A third generation naval officer, Cully also served as a military prosecutor, defense counsel, and recently served as Deputy Chief Judge of the Navy-Marine Corps Trial Judiciary. He continues to serve, with the rank of Captain, as the Commanding Officer of the Preliminary Hearing Unit.
Stimson’s thousands of media interviews and appearances include Fox News Channel, MSNBC, CNN, BBC, NPR and C-SPAN. He has been quoted by most major newspapers, including The Washington Post, Wall Street Journal, New York Times, Los Angeles Times, and London Times.
A businessman and educator by training, Stimson is Vice Chairman of his family’s commercial real estate company in Seattle. Before 9/11, he was a Vice President at a New York-based global financial services and insurance brokerage firm where ran the private equity mergers and acquisitions D.C. operation.
Stimson holds a law degree from the George Mason University School of Law, where he later taught as an Adjunct Professor of Law. He is a graduate of Kenyon College, where he was Captain of the men’s varsity soccer team and an All-Conference player. He also studied at Harvard and Exeter universities. An avid soccer player and triathlete, he serves as Chairman of the Board of the United States Soccer Foundation, the charitable giving arm of U.S. Soccer.
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