Assistant District Attorney, Philadelphia District Attorney
Sarah Hart has worked for over three decades in the criminal justice field at the federal, state and local levels.
From 1979-95, she served as a prosecutor in Philadelphia where (for 9 years) she represented the District Attorney in federal prison litigation involving mass releases of pretrial detainees. During this time, she provided substantial assistance to the U.S. Congress in drafting the Federal Prison Litigation Reform Act (PLRA).
From 1995-2001, Mrs. Hart served as the Chief Counsel for the Pennsylvania Department of Corrections where she successfully defended the constitutionality of the PLRA in the federal courts.
From 2001-2005, following unanimous Senate confirmation, she served as the Director of the National Institute of Justice (the research and evaluation arm of the U.S. Department of Justice) where, among other things, she developed the national $1 billion DNA initiative.
After an appointment as a Visiting Professor teaching graduate school courses at Rutgers University, she returned to Philadelphia to represent Philadelphia District Attorney in class action litigation concerning the Philadelphia Prison System. During this time she represented the Pennsylvania District Attorney’s Association in crafting comprehensive, bipartisan prison reform legislation in Pennsylvania that enacted sweeping changes in sentencing and parole practices. (Acts 81-84 of 2008).
Mrs. Hart previously served as Vice Chair of the Legal Affairs Committee of the American Corrections Association, a member of the Executive Committee of the Criminal Law Practice Group of the Federalist Society, a member of the Board of Directors of the Crime Victims Law Institute, and as a member of the Pennsylvania Supreme Court’s Appellate Procedural Rules Committee. She has also provided extensive training on the PLRA and corrections issues to the National Institute of Corrections, the National Association of Attorneys General, and the Association of State Correctional Administrators.
Mrs. Hart has published articles relating to corrections, forensics, and domestic violence. A recent publication focuses on the benefits and costs of prisoner class actions.
S. Hart, Evaluating Institutional Prisoners’ Rights Litigation: Costs and Benefits and Federalism Considerations, 11 U. Penn. J. Const. L. 73 (2008).
She is a graduate of Rutgers Law School and the University of Delaware.
Partner, Gibson, Dunn & Crutcher LLP
Elizabeth Papez is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and a member of the firm’s litigation group. Her practice focuses on high-stakes class actions, complex commercial litigation, and related government investigations and appeals.
As a seasoned litigator and former U.S. Deputy Assistant Attorney General, Ms. Papez has substantial experience representing clients in the financial services, pharmaceutical, consumer, and product sectors. She regularly handles federal class actions, multidistrict litigation (MDLs) and other complex commercial disputes under federal and state antitrust statutes, banking and securities laws, and false claims acts, as well as parallel regulatory investigations with the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Food and Drug Administration (FDA).
Ms. Papez has been repeatedly recognized as one of Benchmark USA’s Top 250 Women in Litigation nationwide, which named her a “client favorite” who is “extremely smart and practical and very charismatic,” and is praised by peers as a “fierce, dynamic, bright, powerhouse of a litigator.” Ms. Papez is also recognized in The Legal 500 for her antitrust and appellate work, and by The Best Lawyers in America 2019 for her appellate practice.
Senior Vice President and Senior Regulatory Counsel, Independent Community Bankers of America
Chris Cole is senior vice president and senior regulatory counsel for ICBA. Before joining ICBA, Cole was vice president and assistant general counsel with First Virginia Banks Inc., which merged into BB&T. Prior to that, he served as counsel for the Marriott Corp. and as a tax attorney for the Department of Treasury.
Principal, Ely & Company, Inc.
Bert Ely has specialized in deposit insurance and banking structure issues since 1981. In 1986, he became an early predictor of the S&L crisis and a taxpayer bailout of the FSLIC. In 1991, he was the first person to correctly predict the non-crisis in commercial banking; in 1992, he predicted an eventual taxpayer bailout of the Japanese banking system.
Bert continuously monitors conditions in the banking and S&L industries, monetary policy, and the growing federalization of credit risk. He has helped to draft legislation to enact the cross-guarantee concept for privatizing banking regulation and its related deposit insurance and systemic risks. He has testified on numerous occasions before congressional committees on banking issues and he often speaks on these matters to bankers and others.
Bert first established his consulting practice in 1972. Before that, he was the chief financial officer of a public company, a consultant with Touche, Ross & Company, and an auditor with Ernst & Ernst. He received his MBA from the Harvard Business School in 1968 and his Bachelor's degree in economics in 1964 from Case Western Reserve University.
Partner, Davis Polk & Wardwell LLP
Mr. Douglas is a partner in Davis Polk’s Financial Institutions Group, heading the firm’s bank regulatory practice and focusing on bank restructuring and resolutions and other issues arising from the current banking and financial crisis. He has been involved in some of the most difficult and sensitive matters during the crisis, including advising the boards of directors of Indymac and Bank United, counseling Citigroup with respect to FDIC matters, advising various parties on the fallout from the failure of Washington Mutual and advising various private equity firms on proposed investments in troubled or failed banks.
Mr. Douglas was appointed General Counsel of the Federal Deposit Insurance Corporation in 1987 and continued in that capacity through 1989. This was a period of unprecedented stress on the financial system, and he was involved in the major bank failures and restructurings of the late 1980s, participated in the landmark Financial Institutions Regulatory Reform and Restructuring Act of 1989 and assisted in the organization of the Resolution Trust Corporation.
Mr. Douglas is regarded as one of the leading bank insolvency lawyers in the nation.
Litigation Associate, Winston & Strawn LLP
Jacob R. Loshin is a litigation associate in Winston & Strawn's Washington, D.C. office and a member of the firm’s nationwide appellate and critical motions practice.
Before joining Winston & Strawn, Mr. Loshin served as a law clerk to the Hon. Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. He has also worked in business strategy and development for an education technology company.
While at Yale Law School, Mr. Loshin was senior editor of the Yale Law Journal and editor-in-chief of the Yale Journal on Regulation.
B.A., magna cum laude, in Philosophy, Politics, and Economics, Claremont McKenna College
J.D., Yale Law School
Senior Counsel, Cahill Gordon & Reindel LLP
Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group.
Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Most recently, Floyd prevailed in his argument before the Supreme Court on behalf of Senator Mitch McConnell as amicus curiae, defending the rights of corporations and unions to speak publicly about politics and elections in Citizens United v. Federal Election Commission. Floyd's clients have included The McGraw-Hill Companies in a large number of litigations around the country involving claims against its subsidiary, Standard & Poor’s Financial Services LLC, The New York Times in the Pentagon Papers case and others, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader's Digest, Hearst, AIG, and others in trials, appeals and investigations.
Floyd has represented Standard & Poor’s in litigations about its ratings; he defended the Brooklyn Museum of Art in its legal battles with Mayor Rudolph Giuliani; he represented two of the nation’s largest insurers in litigation under Section 17200 in California and he has frequently testified before congressional committees and prepared clients to do so. In 1998, he represented CNN in investigating and issuing a report on its broadcast accusing the United States of using nerve gas on a military mission in Laos in 1970, and again in 1999 in seeking to persuade the United States Senate to permit the public to view its deliberations as it determined whether or not to convict President Clinton of alleged high crimes and misdemeanors. He represented Nina Totenberg and National Public Radio in the 1992 "leak" investigation conducted by the United States Senate arising out of the confirmation hearing of Justice Clarence Thomas and, in 2004 and 2005, Judith Miller and Matthew Cooper in their efforts to avoid revealing their confidential sources.
In 2006, Floyd was elected to the American Academy of Arts & Sciences, an independent research center that conducts multidisciplinary studies of complex and emerging problems advanced by its 4,600 elected members, who are leaders in the academic disciplines, the arts, business and public affairs from around the world. In 2015, Floyd was honored by Yale Law School with its prestigious Award of Merit. Also in 2015, Floyd received the Walter Cronkite Freedom of Information Award presented by the Connecticut Foundation for Open Government. In 2011, Floyd was awarded the CUNY Graduate School of Journalism's Lifetime Achievement Award. In 1998, Floyd was the recipient of the William J. Brennan, Jr. Award for outstanding contribution to public discourse; the Learned Hand Award of the American Jewish Committee; and the Thurgood Marshall Award of the Association of the Bar of the City of New York. In November, 1999, he received the William J. Brennan, Jr. award of the Libel Defense Resource Center. Floyd was awarded, in 1997, the Milton S. Gould Award for outstanding appellate advocacy by the Office of the Appellate Defender in New York. Previously he had been awarded the Ross Essay Prize of the American Bar Association for his study of the Ninth Amendment of the United States Constitution. He has also received awards from, among others, the American Jewish Congress, Catholic University, the New York and Philadelphia Chapters of the Society of Professional Journalists, Sigma Delta Chi, the New York Civil Liberties Union, the Association for Education in Journalism and Mass Communication, and the National Broadcast Editorial Association.
In November, 2011, Yale Law School announced the formation of The Floyd Abrams Institute for Freedom of Expression, whose mission is to promote free speech, scholarship and law reform on emerging questions concerning traditional and new media. Developed in cooperation with Floyd, the Institute includes a clinic for Yale Law students to engage in litigation, draft model legislation, and advise lawmakers and policy makers on issues of media freedom and informational access.
The American Bar Association awarded Floyd its Certificate of Merit for his article published in The New York Times Magazine entitled "The New Effort to Control Information," which was described by the ABA as a "noteworthy contribution to public understanding of the American system of law and justice."
Described by Senator Daniel Patrick Moynihan as "the most significant First Amendment lawyer of our age," Floyd is top-ranked by Chambers USA. He is listed in Who’s Who Legal, Who’s Who in American Law, and has been awarded with Lifetime Achievement Awards by The New York Law Journal and The American Lawyer (2013).
Floyd, who served as chairman of Mayor Edward Koch's Committee on Appointments, New York City, served as the Chairman of the New York State Zenger Commemoration Planning Committee. Previously, he served as the Chairman of the Communications Committee of the Association of the Bar of the City of New York, as well as Chairman of the Committee on Freedom of Speech and of the Press of the Individual Rights Section of the American Bar Association and of the Committee on Freedom of Expression of the Litigation Section of the American Bar Association.
He has appeared frequently on television on Nightline, the News Hour with Jim Lehrer, Charlie Rose and other programs and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere.
Floyd served on the Technology and Privacy Advisory Committee of the U.S. Department of Defense in 2003-4 and as the Chair of the New York State Commission on Public Access to Court Records in 2004.
For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005).
Senior Fellow, Hudson Institute
Gabriel Schoenfeld is a Senior Fellow at the Hudson Institute in Washington, DC, and a Resident Scholar at the Witherspoon Institute in Princeton, New Jersey. His essays on national security and modern history have appeared in leading publications, including the New York Times, Wall Street Journal, Los Angeles Times, Washington Post, Weekly Standard, New Republic, Atlantic, National Interest, Bulletin of the Atomic Scientists, and Commentary, where from 1994 to 2008 he was Senior Editor. His previous book, The Return of Anti-Semitism, was published by Encounter in 2004.
Before joining Commentary, Schoenfeld was a Senior Fellow at the Center for Strategic and International Studies in Washington, DC, where he founded the research bulletin Soviet Prospects. Schoenfeld was an IREX Scholar at Moscow State University, holds a PhD from Harvard University’s Department of Government, and is a United States Chess Federation master. The father of three daughters, he lives in New York City.
Attorney, Kobre & Kim LLP
Eric Snyder is an experienced trial lawyer and investigator who has handled numerous high-profile cases. Prior to joining Kobre & Kim LLP, Mr. Snyder served in the U.S. Department of Justice for more than a decade; as a Trial Attorney in the Criminal Division at the U.S. Department of Justice in Washington DC, and as an Assistant U.S. Attorney at the U.S. Attorney's Office for the Southern District of New York. Mr. Snyder also served as an Assistant District Attorney in the New York County District Attorney's Office. His practice focuses on white-collar criminal defense, internal investigations, regulatory enforcement and business litigation matters.
Prior to joining Kobre & Kim LLP, Mr. Snyder served as an Assistant U.S. Attorney at the U.S. Attorney's Office for the Southern District of New York in the Terrorism & National Security, Organized Crime and International Narcotics Trafficking Units.
Mr. Snyder also practiced as a Trial Attorney in the Criminal Division, Narcotic and Dangerous Drug Section at the U.S. Department of Justice.
Before his time at the U.S. Attorney's Office, Mr. Snyder served as an Assistant District Attorney at the New York County District Attorney's Office.
Founder and Executive Director, National Security Institute; Assistant Professor of Law, Antonin Scalia Law School, George Mason University
Jamil N. Jaffer is the Founder and Executive Director of the National Security Institute at the Antonin Scalia Law School at George Mason University where he also serves as an Assistant Professor of Law, Director of the National Security Law and Policy Program, and Director of the Cyber, Intelligence, and National Security LLM Program. Jamil also teaches classes on counterterrorism, intelligence, surveillance, cybersecurity, and other national security matters, as well as a summer course held abroad with U.S. Supreme Court Justice Neil M. Gorsuch. Jamil is also affiliated with Stanford University’s Center for International Security and Cooperation and previously served as a Visiting Fellow at the Hoover Institution from 2016 to 2019.
Jamil is also a Venture Partner with Paladin Capital Group, where he assists the firm with investments across the full range of its themes and theses, including a focus on dual-use national security technologies. Jamil also serves on the board of directors of RangeForce, a cybersecurity training and readiness platform startup and Tozny, a digital identity startup, and on the advisory boards of U.S. Strategic Metals, North America’s largest primary producer of cobalt, a critical mineral used in EV batteries, aerospace, and other national security applications; and Constella Intelligence, a deep and dark web intelligence startup. Jamil also serves as an advisor to Beacon Global Strategies, a strategic advisory firm and Duco, a technology platform startup that connects corporations with geopolitical and international business experts. Jamil is also the managing director of Trigraph Caveat Capital, a private investment vehicle.
Among other things, Jamil currently serves on the Board of Directors for the Greater Washington Board of Trade, the Board of Advisors for the Global Cyber Alliance, and the Advisory Board of the Foundation for the Defense of Democracies’ Center on Cyber and Tech Innovation, the Executive Committee of the Reagan Institute Strategy Group. Jamil is also a Fellow at the Academy for Judaic, Christian, and Islamic Studies, an advisor to the Concordia Summit, and is a member of the Board of Directors for the Center for Intelligence Policy, the Board of Directors of Speech First, and the Executive Committee of the International Law and National Security Practice Group of the Federalist Society.
Immediately prior to his current positions, from 2015-2021, Jamil served as a senior business leader at IronNet Cybersecurity, helping take the company from a bootstrapped first-year technology products startup through two rounds of venture capital fundraising, growing from 40 employees to over 300, and through its listing on New York Stock Exchange. In his role as IronNet's Senior Vice President for Strategy, Partnerships & Corporate Development, Jamil worked directly for the co-CEOs of the company, Gen (ret.) Keith B. Alexander, the former Director of the National Security Agency and Founding Commander of U.S. Cyber Command, and Bill Welch, the former COO of Zscaler and Duo; in that role, Jamil led all of the company’s strategic and technology partnership efforts, including developing go-to-market and technology integration plans with some of the largest cloud platforms and cybersecurity companies in the market, evaluating potential acquisition targets, and developing overall corporate strategy and thought leadership around collective security and collaborative defense in the cyber arena.
Prior to his time at IronNet, Jamil served on the leadership team of the Senate Foreign Relations Committee as Chief Counsel and Senior Advisor under Chairman Bob Corker (R-TN), where he worked on key national security and foreign policy issues, including leading the drafting of the proposed Authorization for the Use of Military Force against ISIS in 2014 and 2015, the AUMF against Syria in 2013, and revisions to the 9/11 AUMF against al Qaeda. Jamil was also the lead architect of the Iran Nuclear Agreement Review Act and two sanctions laws against Russia for its first intervention in Ukraine.
Prior to joining SFRC, Jamil served as Senior Counsel to the House Permanent Select Committee on Intelligence under Chairman Mike Rogers (R-MI) where he led the committee’s oversight of NSA surveillance, NRO intelligence issues, and NGA analytic and collection matters, as well as intelligence community-wide counterterrorism issues. Jamil was also the lead architect of the Cyber Intelligence Sharing and Protection Act, the nation’s first cyber threat intelligence sharing legislation that was signed into law in 2015.
In the Bush Administration, Jamil served in the White House as an Associate Counsel to the President, handling Defense Department, State Department, and intelligence community matters, and serving as one of the White House Counsel’s primary representatives to the National Security Council Deputies Committee.
Prior to the White House, Jamil served on the leadership team of the Justice Department’s National Security Division as Counsel to the Assistant Attorney General for National Security, where he focused on counterterrorism and intelligence matters. At NSD, Jamil helped lead the division’s work on In re: Directives, the first ever two-party litigated matter in the FISA Court and the second case before the FISA Court of Review in its 30-year history. Jamil also led NSD’s efforts on the President’s Comprehensive National Cybersecurity Initiative (CNCI), including the drafting of NSPD-54/HSPD-23, and related classified matters, and advised the National Security Agency (NSA) and U.S. Cyber Command’s predecessor organization, the Joint Function Component Command for Network Warfare (JFCC-NW), on matters related to cyber intelligence collection and offensive cyber activities. For his work on these matters, Jamil was awarded the Assistant Attorney General’s Award for Special Initiative and was among the group of lawyers awarded the Director of National Intelligence’s 2008 Legal Award (Team of the Year – Cyber Legal).
Jamil also served in other positions in the Justice Department, including in the Office of Legal Policy, where he worked on the confirmations of Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. to the United States Supreme Court.
Jamil also served as a lawyer in private practice at Kellogg Huber, a Washington, DC-based litigation boutique, as a policy advisor to Congressman Bob Goodlatte (R-VA), and as a staff member or senior advisor on a number of political campaigns, including two presidential campaigns and a presidential transition team. While in law school, Jamil was a member of the University of Chicago Law Review, managing editor of the Chicago Journal of International Law, and National Symposium Editor of the Harvard Journal of Law & Public Policy. Following law school, Jamil served as a law clerk to Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit and, later in his career, as a law clerk to then-Judge Neil M. Gorsuch when he first joined the United States Court of Appeals for the Tenth Circuit as well as a law clerk to Justice Neil Gorsuch when he joined the U.S. Supreme Court.
Jamil has published multiple op-eds and academic articles on national security, foreign policy, cybersecurity, counterterrorism, encryption, and intelligence matters, and is the co-author of a book chapter with former NSA Director Gen. (Ret.) Keith B. Alexander on national security and the press in National Security, Leaks, and the Freedom of the Press: The Pentagon Papers Fifty Years On (2021) and a book chapter with former CIA Director Gen. (ret.) Mike Hayden on ISIS, al Qaeda, and other international terrorist groups in Choosing to Lead: American Foreign Policy for a Disordered World (2015). Jamil has also written book chapters on cybersecurity and surveillance, as well as op-eds and policy papers with former Attorney General Michael B. Mukasey, former National Counterterrorism Center Director Matt Olsen, and Congressman Mike Waltz (R-FL), among others.
Jamil has previously taught graduate-level courses in intelligence law and policy at George Washington University’s Elliott School of International Affairs and the National Intelligence University, served an outside advisor to the Cyberspace Solarium Commission, and has recently testified before committees of the U.S. Senate and House of Representatives on China, cybersecurity, counterterrorism, and other national security matters. Jamil has also recently appeared on a range of national television and radio outlets including CNN, Fox News, Fox Business, MSNBC, Bloomberg, PBS, Voice of America, and National Public Radio, and in various print and online publications, including the Wall Street Journal, New York Times, and the Washington Post on a range of national security matters including cybersecurity, counterterrorism, surveillance, encryption, privacy, and foreign policy issues.
Jamil holds degrees from UCLA (BA, cum laude), the University of Chicago Law School (JD, with honors), and the United States Naval War College (MA, with distinction).
Principal, DeGroot Legal
Mr. DeGroot represents businesses in complex litigation, focusing on licensing, insurance, intellectual property, contract disputes, and toxic torts. He has experience in cases involving fraud, breach of contract, unfair competition, patents, business torts, mergers and acquisitions, creditors’ rights, and bankruptcy. He has extensive experience in all aspects of civil litigation, both in federal and state courts, including prejudgment remedies, discovery, trial, appeals, arbitration and mediation.
Mr. DeGroot works with clients in a variety of industries, including financial institutions, insurance, software, construction, semiconductors, and real estate.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Clinical Co-Director and Senior Fellow, Berkman Center for Inter, Harvard Law School
Phil Malone is a Clinical Professor of Law at Harvard Law School and the Director of the Law School’s Cyberlaw Clinic at the Berkman Center. Phil joined the Center in September, 2004 as a co-director of the Clinical Program; in the years since, he and his clinical colleagues have built the Clinic into one of the leading entities of its kind in the country.
Phil came to the Berkman Center after a little over 20 years as a federal prosecutor with theAntitrust Divisionof the U.S. Department of Justice, where he directed numerous civil and criminal investigations and prosecutions. Most of his DOJ experience over the past 10 years focused on high-technology industries, the Internet and computer software and hardware. Beginning in 1996 Phil was lead counsel in the DOJ's investigations of Microsoft, and he was the primary career counsel, along with outside counsel David Boies, in the trial ofU.S. v. Microsoft Corp.(D.D.C). Before leaving the Justice Department he was one of the lead lawyers in the government's antitrust case against Oracle Corp. Phil first became involved with the Berkman Center during the 2001-2003 academic years when he was the Victor H. Kramer Fellow at HLS. His research then focused on legal approaches to encouraging and preserving innovation in high-tech industries, evolving competition policy in the computer industry, and the use of technology in discovery and litigation.
Phil graduated long ago fromHarvard Collegeand the University of Arizona College of Law. When he is not at the Berkman Center he can often be found around Harvard'sQuincy House, where he and his wife Luci are resident tutors and kids Celia and Zulie are resident entertainment.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
Principal, DeGroot Legal
Mr. DeGroot represents businesses in complex litigation, focusing on licensing, insurance, intellectual property, contract disputes, and toxic torts. He has experience in cases involving fraud, breach of contract, unfair competition, patents, business torts, mergers and acquisitions, creditors’ rights, and bankruptcy. He has extensive experience in all aspects of civil litigation, both in federal and state courts, including prejudgment remedies, discovery, trial, appeals, arbitration and mediation.
Mr. DeGroot works with clients in a variety of industries, including financial institutions, insurance, software, construction, semiconductors, and real estate.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Clinical Co-Director and Senior Fellow, Berkman Center for Inter, Harvard Law School
Phil Malone is a Clinical Professor of Law at Harvard Law School and the Director of the Law School’s Cyberlaw Clinic at the Berkman Center. Phil joined the Center in September, 2004 as a co-director of the Clinical Program; in the years since, he and his clinical colleagues have built the Clinic into one of the leading entities of its kind in the country.
Phil came to the Berkman Center after a little over 20 years as a federal prosecutor with theAntitrust Divisionof the U.S. Department of Justice, where he directed numerous civil and criminal investigations and prosecutions. Most of his DOJ experience over the past 10 years focused on high-technology industries, the Internet and computer software and hardware. Beginning in 1996 Phil was lead counsel in the DOJ's investigations of Microsoft, and he was the primary career counsel, along with outside counsel David Boies, in the trial ofU.S. v. Microsoft Corp.(D.D.C). Before leaving the Justice Department he was one of the lead lawyers in the government's antitrust case against Oracle Corp. Phil first became involved with the Berkman Center during the 2001-2003 academic years when he was the Victor H. Kramer Fellow at HLS. His research then focused on legal approaches to encouraging and preserving innovation in high-tech industries, evolving competition policy in the computer industry, and the use of technology in discovery and litigation.
Phil graduated long ago fromHarvard Collegeand the University of Arizona College of Law. When he is not at the Berkman Center he can often be found around Harvard'sQuincy House, where he and his wife Luci are resident tutors and kids Celia and Zulie are resident entertainment.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
Deputy District Attorney, Philadelphia District Attorney's Office
Ronald Eisenberg heads the Law Division of the Philadelphia District Attorney's Office. The 60 lawyers in the division handle appeals, habeas corpus and civil litigation, and legislative matters. Mr. Eisenberg has appeared at all levels of the state and federal court system, and has argued several cases in the United States Supreme Court.
Mr. Eisenberg is a member of the Pennsylvania Supreme Court Investigating Grand Jury Task Force and the Advisory Committee for the Pennsylvania Suggested Standard Criminal Jury Instructions. He has represented his office on the Pennsylvania Advisory Committee on Wrongful Convictions, was an adjunct professor at Temple University School of Law, teaching legal writing and research, and has served on the Pennsylvania Criminal Rules and Appellate Rules Committees. He is a past president and current board member of the Association of Government Attorneys in Capital Litigation, a national organization of capital prosecutors.
Mr. Eisenberg received his bachelor's degree from Haverford College in 1978 and his law degree from the University of Pennsylvania Law School in 1981.
J.D., University of Pennsylvania
B.A., Haverford College
Senior Fellow, Cato Institute
Walter Olson is a senior fellow at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and is known for his writing on the American legal system. His books include The Rule of Lawyers, on mass litigation, The Excuse Factory, on lawsuits in the workplace, and most recently Schools for Misrule, on the state of the law schools. His first book, The Litigation Explosion, was one of the most widely discussed general-audience books on law of its time. It led the Washington Post to dub him “intellectual guru of tort reform.” Active on social media, he is known as the founder and principal writer of what is generally considered the oldest blog on law as well as one of the most popular, Overlawyered.com. He has advised many public officials from the White House to town councils and in 2015 was named by Gov. Larry Hogan to be co-chair of the Maryland Redistricting Reform Commission, which issued its report recommendations later that year to acclaim across the state.
Before joining Cato, Olson was a senior fellow at the Manhattan Institute and an editor at the magazine Regulation, then edited by future Supreme Court Justice Antonin Scalia. Olson’s more than 400 broadcast appearances include all the major networks, NPR, the BBC, The Diane Rehm Show, and Oprah.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Brown v. Plata - Post-Decision SCOTUScast
Sarah V. Hart
SCOTUScast 05-27-11 featuring Sarah Hart
On May 23, 2011, the Supreme Court announced its decision in Brown v. Plata (formerly...
Schindler Elevator Corp. v. United States ex rel. Kirk - Post-Decision SCOTUScast
Elizabeth P. Papez
SCOTUScast 05-26-11 featuring Elizabeth P. Papez
On May 16, 2011, the Supreme Court announced its decision in Schindler Elevator Corp. v....
New FDIC Deposit-Insurance Assessment Rule
Christopher Cole, Bert Ely, John L. Douglas
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Recently under Dodd-Frank, the FDIC implemented a new assessment base for levying deposit-insurance premiums. Questions...
Sossamon v. Texas - Post-Decision SCOTUScast
Jacob R. Loshin
SCOTUScast 05-12-11 featuring Jacob R. Loshin
On April 20, 2011, the Supreme Court announced its decision in Sossamon v. Texas. The...
Wikileaks: Frontier Journalism or Underminer of Liberty and Security?
Floyd Abrams, Gabriel Schoenfeld, Eric Snyder, Jamil N. Jaffer
International & National Security Law Practice Group
A Federalist Society panel of free speech and national security experts discusses what, if anything,...
U.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter?
David DeGroot, Douglas H. Ginsburg, Phil Malone, Charles "Rick" Rule
San Francisco Lawyers Chapter
Ten years ago, Microsoft dominated the personal computer market with its ever-expanding operating system. Today,...
U.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter?
David DeGroot, Douglas H. Ginsburg, Phil Malone, Charles "Rick" Rule
San Francisco Lawyers Chapter
Ten years ago, Microsoft dominated the personal computer market with its ever-expanding operating system. Today,...
Cullen v. Pinholster - Post-Decision SCOTUScast
Ronald Eisenberg
SCOTUScast 05-10-11 featuring Ronald Eisenberg
On April 4, 2011, the Supreme Court announced its decision in Cullen v. Pinholster. The...
Schools for Misrule: Legal Academia and an Overlawyered America
Walter K. Olson
Professional Responsibility & Legal Education Practice Group
How well do law schools today actually prepare law school students for the practice of...
Nevada Commission on Ethics v. Carrigan - Post-Argument SCOTUScast
Erik S. Jaffe
SCOTUScast 05-06-11 featuring Erik S. Jaffe
On April 27, 2011, the Supreme Court heard oral argument in Nevada Commission on Ethics...