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.
Partner, Hollingsworth LLP, Washington, DC.
Mr. Lasker litigates a wide variety of complex civil matters, with a current focus on toxic torts, environmental litigation, Alien Tort Statute litigation, and pharmaceutical products liability. Mr. Lasker has also represented clients in a variety of civil and criminal government investigation-related matters involving bank regulatory compliance, False Claims Act claims, and alleged price fixing, and he served as lead counsel in successfully defending a foreign client against a Foreign Corrupt Practices claim in a jury trial that was featured in the Legal Times. He represents clients in jury and bench trials, before arbitral panels and administrative courts, and both at trial and on appeal.
Mr. Lasker has significant experience defending against all matter of legal claims involving FDA- and EPA-regulated products and alleged toxins and environmental contaminants. He has represented clients in pharmaceutical products liability claims involving antipsychotic medications, obstetrical drugs, antifungals, antiepileptics, and cough/cold medicines, and in toxics/environmental matters involving herbicides, asbestos, lead paint, nonionizing radiation, and chemical solvents. He has represented clients in matters arising both in the United States and abroad, and in matters arising under both domestic and international law. Mr. Lasker's practice also includes matters involving sensitive national security issues, and he has represented his clients’ interests in meetings with both U.S. and foreign government officials. He has extensive expertise in developing and implementing sophisticated medical causation and science-based defenses, and he has successfully litigated issues involving Daubert, the federal preemption defense, and natural resource damages claims. He also assists clients in due diligence investigations as relates to environmental and toxics liabilities and through amicus briefing on key legal issues.
Mr. Lasker played a prominent role in helping to establish asbestos defendants’ rights to insurance non-products coverage through a successful amicus effort that secured one of the seminal judicial opinions recognizing the existence of such coverage, litigation efforts resulting in securing several hundreds of millions of dollars in asbestos non-products insurance recoveries, and oral presentations and publications on issues involving non-products coverage. He has also defended personal injury claims in asbestos litigation, advancing medical causation defenses as the asbestos litigation has extended to tertiary and even more remotely-situated corporate defendants.
Mr. Lasker is frequently requested to speak and publish on issues of interest to his clients, and he has been interviewed on such topics in numerous fora, including the AMA's American Medical News, Bloomberg News, the National Law Journal, and thePhiladelphia Inquirer. Mr. Lasker serves on the Board of Editors of LJN's Product Liability Law & Strategy newsletter and he is the Chair of the Toxics & Hazardous Substances Committee of the International Association of Defense Counsel (IADC), an invitation-only professional association for corporate and insurance defense attorneys around the world. He also serves as a member of the Defense Research Institute (DRI).
Frank Edwards Tyler Distinguished Professor of Law, University of Kansas School of Law
Stephen Ware is the author of four books, over 50 law review articles, and many other publications. His writings have been cited by the Supreme Court of the United States and in at least 36 other cases. Ware teaches and writes on: Arbitration, Mediation, and Alternative Dispute Resolution, Bankruptcy, Insolvency, and Debt Collection, Contracts and Commercial Law, and Judicial Selection, each with an international or comparative dimension.
Ware has testified before both houses of the U.S. Congress, several state legislatures and, as an expert witness, in court. He is a frequent guest lecturer and speaker at academic and professional conferences—having given such presentations throughout the U.S. and in several other countries. He has appeared on numerous television and radio stations and been quoted in The New York Times, Wall Street Journal, USA Today, Financial Times, National Law Journal and many other news outlets. He is an elected member of the American Law Institute (ALI) and has served, at various times in his career, on the editorial board of the Journal of Legal Education and as an arbitrator for the American Arbitration Association.
Partner, King & Spalding LLP
A partner in the FDA and Life Sciences practice at King & Spalding LLP, Marisa Maleck focuses on litigation, regulatory matters and public policy, with a focus on consumer products. As a former senior counsel at a bio-tech company and in private practice, Marisa has substantial experience with and is skilled in providing creative solutions in the face of uncertainty.
Marisa represents clients in a variety of matters with a focus on FDA-regulated products like food, beverages, pharmaceuticals, medical devices, wellness products, cosmetics, tobacco and cannabis. As a former senior counsel at an FDA-regulated biotech company and as a former partner in King & Spalding’s Litigation and Global Disputes practice group, she handled hundreds of suits in a multi-district litigation, multiple agency inquiries, an FTC lawsuit and 10+ state Attorney Generals actions. With a special focus on consumer fraud, social-media marketing and personal injury/wrongful death lawsuits, Marisa has successfully drafted and/or argued appellate briefs and critical motions in numerous cases—including class actions and complex litigation—before the U.S. Supreme Court, federal and state courts of appeals, and federal and state trial courts. She has also advocated tirelessly for her clients through engagement with agencies and policy-makers. She also advises her clients about legal risk (and how to avoid it) in investigations, enforcement actions, private litigation and private-equity investments.
Marisa also advocates for her clients’ interests in the court of public opinion. She is often solicited for her balanced legal analysis by members of the media. Marisa has appeared on (tv/radio) MSNBC, MSN, CNBC and NPR, and in (print) Newsweek, the National Law Journal, The Wall Street Journal, The Washington Post and Politico.
In addition, Marisa has an active pro-bono practice representing indigent defendants through federal appellate appointments as part of the Criminal Justice Act program and as a screener for the Mid-Atlantic Innocence Project.
Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom
Gregory S. Baylor serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Religious Schools and senior counsel with the Center for Public Policy.
Since joining ADF in 2009, Baylor has focused on defending and advancing the religious freedom of faith-based educational institutions through advice, education, legislative and public advocacy, and representation in disputes. He has testified about religious liberty issues three times before congressional committees and numerous times before state legislative committees.
Greg serves on the board of directors of the International Alliance for Christian Education, the board of directors of the Association for Biblical Higher Education, the board of directors of the Association for Christian Schools International, the board of advisors of the Museum of the Bible, and advisory board of the Center for Academic Faithfulness and Flourishing.
Greg earned his Juris Doctor in 1990 from Duke University School of Law, where he graduated Order of the Coif, with high honors, and served on the editorial board of the Duke Law Journal. He received his bachelor’s degree in Honors English in 1987 from Dartmouth College. Following graduation from law school, he served as law clerk to the Hon. Jerry E. Smith on the U.S. Court of Appeals for the Fifth Circuit. He practiced labor and employment law at two large international law firms for three years before joining the staff of Christian Legal Society’s Center for Law and Religious Freedom, where he served for 15 years prior to joining ADF. He lives in Northern Virginia with his wife (a medical doctor) and two daughters.
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Denver Managing Partner, Wilkinson Barker Knauer LLP
Raymond L. Gifford counsels communications, electric and gas utilities, and information technology companies on state and federal aspects of regulation, administrative law, and competition policy. He is an expert in public utilities law, and the law and economics of regulation of network industries. Mr. Gifford’s law and policy work focuses on the convergence of broadband communications and energy, as well as environmental policy as it applies to the electric industry. He represents clients in state and federal courts and agencies, and serves as an expert witness on utility regulation and its history. He is also a Senior Adjunct Fellow at the Silicon Flatirons Center for Law, Technology and Entrepreneurship, and Co-Directs the Institute for Regulatory Law & Economics at University of Colorado Law School.
Mr. Gifford served as Chairman of the Colorado Public Utilities Commission from 1999-2003. Following that, he served as President of The Progress & Freedom Foundation, a Washington DC-based think-tank that studied the digital revolution as it relates to regulation of network industries. He entered the regulatory law world as First Assistant Attorney General in the Colorado Attorney General’s Office. He clerked for the Honorable Richard P. Matsch of the United States District Court for the District of Colorado. Mr. Gifford has authored a number of articles on communications law, public utility regulation and competition policy in network industries. He is a graduate of University of Chicago Law School and St. John’s College in Annapolis, Maryland. He is an elected member of the American Law Institute
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
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.
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
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