Member, Miller & Chevalier Chartered
Timothy P. O'Toole defends individuals and companies in white collar criminal prosecutions, conducts internal corporate investigations, and represents potential witnesses and targets in government investigations. His white collar criminal defense practice includes matters involving the Foreign Corrupt Practices Act, criminal tax, conspiracy, false representations to government agencies, bribery, illegal gratuities, obstruction of justice, and fraud.
Mr. O’Toole also handles complex litigation arising under the Employee Retirement Income Security Act (ERISA). His ERISA practice spans a broad spectrum, including fiduciary litigation, pre-emption matters, and cases arising under Title IV. He has represented plan sponsors in benefits litigation and has particular experience in defending breach of fiduciary duty claims. Mr. O’Toole also currently represents a number of retiree organizations in challenges to the manner in which the Pension Benefit Guaranty Corporation (PBGC) has handled the termination of their pension plans and administered their pension benefits.
Mr. O'Toole is experienced in handling criminal and civil appeals, having presented more than 25 appellate arguments in the state and federal courts, and represented parties and amici curiae before the United States Supreme Court in a Fourth Amendment case (Hudson v. Michigan), cases involving the Sixth Amendment right to confront witnesses (Briscoe v. Virginia; Melendez-Diaz v. Massachusetts; Davis v. Washington; and Hammon v. Indiana), and cases involving federal court jurisdiction (Slack v. McDaniel; Whorton v. Bockting; Muhammad v. Close; and Rumsfeld v. Padilla).
Prior to joining Miller & Chevalier, Mr. O’Toole served as the Chief of the Special Litigation Division of the Public Defender Service for the District of Columbia, where he supervised and handled complex cases in the local and federal courts. He is a former Assistant Federal Public Defender in Las Vegas, Nevada, where he represented people under sentence of death in federal proceedings.
General Counsel and Vice-President of Litigation, Washington Legal Foundation
Cory Andrews is General Counsel and Vice-President of Litigation for the Washington Legal Foundation (WLF). As counsel of record for WLF and other clients, he has authored more than 100 briefs, at petition and merits stages, in the U.S. Supreme Court. He also frequently litigates in state and federal appellate courts. Before joining WLF, Cory practiced trial and appellate law for White & Case LLP, where he litigated in state and federal courts on behalf of clients in the telecommunications, hospitality, and banking industries. He received his J.D. magna cum laude from the University of Florida, where he was Editor-in-Chief of the Florida Law Review and elected to the Order of the Coif. Upon graduation, Cory served as a law clerk to the Honorable Steven D. Merryday of the U.S. District Court for the Middle District of Florida.
General Counsel and Vice-President of Litigation, Washington Legal Foundation
Cory Andrews is General Counsel and Vice-President of Litigation for the Washington Legal Foundation (WLF). As counsel of record for WLF and other clients, he has authored more than 100 briefs, at petition and merits stages, in the U.S. Supreme Court. He also frequently litigates in state and federal appellate courts. Before joining WLF, Cory practiced trial and appellate law for White & Case LLP, where he litigated in state and federal courts on behalf of clients in the telecommunications, hospitality, and banking industries. He received his J.D. magna cum laude from the University of Florida, where he was Editor-in-Chief of the Florida Law Review and elected to the Order of the Coif. Upon graduation, Cory served as a law clerk to the Honorable Steven D. Merryday of the U.S. District Court for the Middle District of Florida.
Professor, The University of Texas at Austin
Levin, Mabie & Levin Professor of Law, University of Florida Levin College of Law
Professor Gary Lawson joined the University of Florida Levin College of Law faculty on July 1, 2024, after twenty-four years at Boston University School of Law and eleven years at Northwestern University School of Law. While at Boston University, he was named a William Fairfield Warren Distinguished Professor in 2022 – the highest faculty honor within the university. He has authored or co-authored nine editions of a textbook on administrative law, a textbook on constitutional law, five university press books, one popular press book, and more than one hundred scholarly articles on topics ranging from aspects of constitutional theory and history to the proof of legal propositions. His works have been cited in more than twenty opinions of United States Supreme Court justices. He is a founding member, and serves on the Board of Directors, of the Federalist Society for Law and Public Policy Studies and is on the Editorial Advisory Board of the Heritage Guide to the Constitution.
President, Leadership Conference on Civil and Human Rights
Vanita Gupta is the President of The Leadership Conference on Civil and Human Rights. She previously served as the acting Principal Deputy Assistant Attorney General for the Civil Rights Division and the top civil rights prosecutor for the United States Department of Justice. Before her work at the DOJ she was a civil rights lawyer and the Deputy Legal Director of the American Civil Liberties Union (ACLU), where she oversaw the ACLU's national criminal justice reform efforts. She is a graduate of Yale and New York University Law School.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Senior Lecturer; Director, The Robert S. Strauss Center for International Security and Law, The University of Texas at Austin School of Law
Adam Klein is Director of the Strauss Center and Director of Strauss’ Program on Technology, Security, and Global Affairs. Adam also serves as a Senior Lecturer at the School of Law. Before joining the Strauss Center, Adam served as Chairman of the United States Privacy and Civil Liberties Oversight Board, the independent, bipartisan federal agency responsible for overseeing counterterrorism programs at the NSA, FBI, CIA, Department of Homeland Security, and other federal agencies. As the Board’s Senate-confirmed Chairman, he oversaw its oversight and advice engagements with other federal agencies, while also serving as the Board’s chief executive officer.
Before entering government, Adam was the Robert M. Gates Senior Fellow at the Center for a New American Security, a bipartisan national-security research institution in Washington, DC. There, his research focused on government surveillance, intelligence powers, and national security law. Previously, Adam practiced law at Wilmer Cutler Pickering Hale & Dorr, LLP and served as a law clerk to Justice Antonin Scalia of the U.S. Supreme Court and Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit. He has also worked on national-security policy at the RAND Corporation, the 9/11 Public Discourse Project (the non-profit successor to the 9/11 Commission), and in the U.S. Congress. He received his BA from Northwestern University and his JD from Columbia Law School.
Adam is a former Council on Foreign Relations International Affairs Fellow and Robert Bosch Foundation Fellow in Berlin. He speaks German and French.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Director, Center for Legal Policy, Manhattan Institute for Policy Research
James R. Copland is a senior fellow at the Manhattan Institute and director of Legal Policy. In those roles, he develops and communicates novel, sound ideas on how to improve America’s civil- and criminal-justice systems. His forthcoming book, The Unelected: How an Unaccountable Elite is Governing America (Encounter Books) will be released on September 8, 2020. He has testified before Congress as well as state and municipal legislatures; and has authored many policy briefs, book chapters, articles and opinion pieces in a variety of publications, including the Harvard Business Law Review and Yale Journal on Regulation, the Wall Street Journal, National Law Journal, and USA Today. Copland speaks regularly on civil- and criminal-justice issues; has made hundreds of media appearances in such outlets as PBS, Fox News, MSNBC, CNBC, Fox Business, Bloomberg, C-Span, and NPR; and is frequently cited in news articles in the New York Times, Washington Post, The Economist, and Forbes. In 2011 and 2012, he was named to the National Association of Corporate Directors “Directorship 100” list, which designates the individuals most influential over U.S. corporate governance.
Prior to joining MI, Copland was a management consultant with McKinsey and Company in New York. Earlier, he was a law clerk for Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Copland has been a director of two privately held manufacturing companies since 1997 and has served on many public and nonprofit boards. He holds a J.D. and an M.B.A. from Yale, where he was an Olin Fellow in Law and Economics; an M.Sc. in the politics of the world economy from the London School of Economics; and a B.A. in economics from the University of North Carolina at Chapel Hill, where he was a Morehead Scholar.
Of Counsel, Womble Bond Dickinson
Dwayne represents clients in complex proceedings concerning communications law, constitutional issues, the interpretation and enforcement of federal statutes, and administrative law. As an experienced advocate, Dwayne regularly practices before federal agencies, federal appellate and district courts, and the Supreme Court of the United States.
In addition to his legal practice, Dwayne serves as an adjunct professor at William & Mary Law School where he co-directs the Appellate and Supreme Court Clinic. The Clinic focuses on First Amendment (free speech and religion) and Fourth Amendment (search and seizure) cases in various federal courts of appeals and the Supreme Court of the United States.
Previously, Dwayne served as a law clerk to Judge Janice Rogers Brown of the United States Court of Appeals for the D.C. Circuit and Judge George L. Russell, III, of the United States District Court for the District of Maryland. He is a member of the Federal Communications Bar Association and the Edward Coke Appellate Inn of Court.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Director of Policy Studies & Senior Fellow, The Free State Foundation
Seth L. Cooper is Director of Policy Studies & Senior Fellow at The Free State Foundation. His work on federal communications and technology policy at the Free State Foundation began in 2009.
With Randolph May, Mr. Cooper is the co-author of Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (2020) and Constitutional Foundations of Intellectual Property: A Natural Rights Perspective (2015), both published by Carolina Academic Press. Along with Mr. May, Mr. Cooper also co-authored A Reader on Net Neutrality and Restoring Internet Freedom (2018) and #CommActUpdate: A Communications Law Fit for the Digital Age (2017), both published by Free State Foundation Press. He previously contributed to two chapters in Communications Law and Policy in the Digital Age (2012), published by Carolina Academic Press. Mr. Cooper's work has also appeared in such publications as CommLaw Conspectus, the San Jose Mercury News, Forbes.com, the Des Moines Register, the Baltimore Sun, the Washington Examiner, and the Washington Times.
Mr. Cooper previously served as Director to the Telecommunications and Information Technology Task Force at the American Legislative Exchange Council (ALEC). Mr. Cooper served as judicial clerk to the Honorable James Johnson at the Washington State Supreme Court. His co-writings about the Washington Supreme Court have appeared in the Gonzaga Law Review and in Federalist Society publications. He has worked in law and policy staff positions at the Washington State Senate and at the Discovery Institute's Center for Science & Culture. Mr. Cooper is a 2009 Lincoln Fellow at the Claremont Institute. He also has worked in private practice in the State of Washington, handling civil legal matters involving personal injuries, small business, contracts, and wills, trusts, and estates.
Mr. Cooper earned his B.A. degree in Political Science from Pacific Lutheran University and received his J.D. from Seattle University School of Law.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Professor of Law, Southern Illinois University School of Law
Professor Mark F. Schultz joined the faculty in 2003. He teaches and writes primarily in the area of intellectual property.
Professor Schultz is a frequent author and speaker known for his work on the law and economics of the global intellectual property system. In one of his most influential projects, he worked with the Organization for Economic Cooperation and Development (OECD) to construct a groundbreaking global trade secret protection index (the TSPI). The TSPI is influencing policy discussions on this cutting-edge topic in capitals around the world. Other recent projects have included an empirical study that quantified for the first time the backlogs in patent offices worldwide, a report on how patented innovation is meeting global health challenges, and the construction of a new global index of copyright strength.
Professor Schultz is an influential voice in public policy debates regarding intellectual property. He has testified before the U.S. Congress on copyright law at the invitation of the House Judiciary Committee and has briefed the staff of the U.S. Senate Judiciary Committee on trade secret legislation. He speaks frequently around the world about the connection between secure and effective intellectual property rights and flourishing national economies and individual lives, with invitations from the U.S. Patent and Trademark Office, the U.S. Trade Representative, and the U.S. Copyright Office, as well as numerous academic institutions, think tanks, and industry groups. He served as an NGO delegate to the World Intellectual Property Organization (WIPO) for several years during the WIPO Development Agenda talks. He is also one of the organizers of an ongoing multilateral diplomatic dialogue on best practices in national trade secret laws, and is co-founder of the Center for Protection of Intellectual Property (CPIP) at George Mason University in Washington, D.C.
Among the awards and recognition he has received for his scholarship was the School of Law's Outstanding Scholar of the Year award in 2008. He has been a distinguished visiting scholar at the University of Botswana and a visiting professor at DePaul University College of Law.
Professor Schultz graduated with honors from the George Washington University School of Law. Following law school, he was a judicial clerk for the Hon. Daniel M. Friedman of the United States Court of Appeals for the Federal Circuit in Washington, D.C., and the Hon. Eric G. Bruggink of the United States Court of Federal Claims. Prior to joining academia, he practiced law for a decade, serving as outside general counsel to several tech startups and helping technology companies to expand their businesses and commercialize their intellectual property in dozens of countries. He holds a B.A. in International Economics from George Washington University and has done PhD level coursework in development economics at Southern Illinois University.
He is active in leadership roles in local and national organizations. He has served as chair of the Federalist Society's Intellectual Property Practice Group and the AALS Section on Internet and Computer Law. He is an officer of the American Bar Association's International IP Committee of the International Law Section and the American Intellectual Property Law Association’s Trade Secret Law Committee. He currently is chair of the Academic Advisory Board of the Copyright Alliance.
Professor Schultz teaches Copyright Law, Trade Secret Law, Trademark Law, and a senior seminar on Intellectual Property and Global Development. He established and directs both the Specialization in Intellectual Property Law and the IP Semester in Practice Externship Program. He also co-founded a Legal Globalization Class, offered every other year, that takes students to South Africa and Botswana after spending a semester learning about the legal system, culture, history, and politics of southern Africa. The popular course is a once-in-a-lifetime experience that introduces students to leading lawyers, judges, government officials, and human rights advocates, taking them from Cape Town to Johannesburg to Gaborone as well as many popular destinations including game reserves, national parks, the Cape of Good Hope, and the Cradle of Humankind.
Ocasio v. U.S. - Post-Argument SCOTUScast
Timothy P. O'Toole
SCOTUScast 11-7-15 featuring Timothy O'Toole
On October 6, 2015, the Supreme Court heard oral argument in Ocasio v. U.S. Ocasio challenges his...
DIRECTV v. Imburgia - Post-Argument SCOTUScast
Cory L. Andrews
SCOTUScast 11-6-15 featuring Cory Andrews
On October 6, 2015, the Supreme Court heard oral argument in DIRECTV v. Imburgia. This...
Injury-Free Class Actions?: Spokeo v. Robins - Podcast
Cory L. Andrews
Federalism & Separation of Powers Practice Group Podcast
On November 2, 2015 the United States Supreme Court heard oral arguments in Spokeo v....
Judicial Review in an Objective Legal System - Podcast
Tara A. Smith, Gary Lawson
Federalism & Separation of Powers Practice Group Podcast
At a time when some argue that the Rule of Law seems to be deteriorating...
Vanita Gupta, Department of Justice’s Top Civil Rights Prosecutor, on Criminal Justice Reform and Policing - Podcast
Vanita Gupta
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Vanita Gupta, Principal Deputy Assistant Attorney General of the Department of Justice’s Civil Rights Division, delivered...
The Story Behind Iran's Assets - Podcast
David B. Rivkin
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Iran is a highly stressed country, and an overwhelming majority of Iranians detest the regime,...
"The Drone Papers": What They Reveal About The Fight Against Terrorism (And What They Don't) - Podcast
Adam I. Klein
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In October of 2015, The Intercept, a website founded by Edward Snowden confidant Glenn Greenwald,...
Guilty as Charged: The Yates Memo - Podcast
Paul James Larkin, John G. Malcolm, James R. Copland
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On September 15, 2015, Deputy Attorney General Sally Yates issued a much-talked about memo, directing...
Redskins Trademark in Court, and More - Podcast
Dwayne D. Sam, Ilya Shapiro
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Can the government police speech it thinks is offensive? The Lanham Act allows the government...
The Constitutional Foundations of Intellectual Property -- A Natural Rights Perspective - Podcast
Seth L. Cooper, Randolph May, Mark F. Schultz
Intellectual Property Practice Group Podcast
Protection of intellectual property (IP) rights is indispensable to maintaining a vibrant economy, especially in...