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.
Staff Attorney, Shook Hardy & Bacon
Sarah works with Shook Hardy & Bacon’s Public Policy Group, whose aim is to improve civil litigation through judicial education, communications and legal scholarship; she also is a member of the Litigation practice group. Since joining the firm, she also has worked on construction industry-related arbitrations.
Before joining Shook, Sarah worked on litigation and administrative appeals for the Civil Beat Law Center in Hawaii, which provides advice and representation to the public and the media to achieve transparency in government. During law school, Sarah was senior research assistant to Andrew F. Popper during his work on the third edition of Administrative Law: A Contemporary Approach.
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.
Staff Attorney, Shook Hardy & Bacon
Sarah works with Shook Hardy & Bacon’s Public Policy Group, whose aim is to improve civil litigation through judicial education, communications and legal scholarship; she also is a member of the Litigation practice group. Since joining the firm, she also has worked on construction industry-related arbitrations.
Before joining Shook, Sarah worked on litigation and administrative appeals for the Civil Beat Law Center in Hawaii, which provides advice and representation to the public and the media to achieve transparency in government. During law school, Sarah was senior research assistant to Andrew F. Popper during his work on the third edition of Administrative Law: A Contemporary Approach.
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.
Partner, Mayer Brown LLP
Marcia Madsen was Chair of the Government Contracts practice and co-chair of the National Security Practice at Mayer Brown. She represented contractors in regulatory, policy, transactional, litigation, and investigative matters involving virtually every federal agency. Her clients included defense contractors, information technology and systems integrators, telecommunications companies, engineering firms, insurers, and manufacturing companies. Ms. Madsen's practice included defense of False Claims Act matters, internal investigations, audits, bid protests, claims and disputes before administrative forums and in the federal courts. She was a former Chair of the American Bar Association Section of Public Contract Law and currently co-chairs the Section’s Procurement Fraud Committee. She also is a member of the Federalist Society Administrative Law and Regulation Executive Committee. In addition, Marcia was a member of the Court of Federal Claims Advisory Council - Emeritus, and a recipient of the Court's Golden Eagle award. She was a Past President of the Board of Contract Appeals Bar Association. She was appointed by the Executive Office of the President to chair the Section 1423 Panel which recommended revision of the acquisition laws. She spoke and wrote frequently on government contracts and litigation topics.
Georgetown University Law Center, LL.M., 1980
American University - Washington College of Law, J.D., 1976
University of Utah, B.A., 1972
Partner, Mayer Brown
David Dowd is an experienced litigator at Mayer Brown whose practice has a strong emphasis in government contracting issues and controversies. He advises such clients as those involved in health care, information technology, large military systems, engineering services, and other industries regarding federal procurements and related issues. His counsel in this area includes commercial items, conflicts of interest, cost allowability issues, defective pricing, contract and subcontract negotiations, contract financing, assignments and novations, leasing, prime/sub disputes, preparation of claims, and procurement fraud.
David also handles procurement controversies, as he litigates bid protests and disputes before the Government Accountability Office and the Court of Federal Claims, represents contractors in litigation and arbitrations involving government contracts, and tries federal court litigation focused on contract disputes and alleged fraud.
Health care and insurance companies rely on David for advice regarding federal health care and insurance programs, including FEHBA, Medicare, TRICARE, and FEGLI. He represents these industry clients in bid protest and claim litigation regarding federal health care and insurance programs. In related matters, David counsels biotechnology and pharmaceutical companies on biodefense purchasing opportunities and applications, including research and development.
David has more than 20 years of practice experience, having joined Mayer Brown’s Washington, DC office in 2001 after practicing with two other national law firms.
Senior Attorney, Pacific Legal Foundation
Oliver Dunford joined the Pacific Legal Foundation in March 2017. He litigates across the country to defend and advance individual liberty and the rule of law. Oliver’s cases involve the separation of powers, economic liberty, property rights, and the First Amendment.
Oliver remains inspired by the Classical Liberal ideals upon which our Founders declared independence and secured the blessings of liberty. The Constitution’s promises, however, are not self-executing. As James Madison explained, “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” Oliver feels lucky that his work helps oblige the government to control itself—to the end that all individuals may pursue their rights of life, liberty, and the pursuit of happiness.
Before joining PLF, Oliver clerked at the Ohio Supreme Court and the Ohio Court of Appeals, and spent more than a decade in private practice working on complex commercial litigation. Originally from Cleveland, Oliver is a graduate of the University of Dayton and Cleveland-Marshall College of Law, where he was a managing editor for the Cleveland State Law Review. Oliver is admitted to the state bars of Florida, California, and Ohio, as well as several federal courts including the United States Supreme Court.
Oliver spends all of his free time following the Cleveland Indians.
Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
Judge, Florida Fifth District Court of Appeal
In April 2023, Judge Jordan E. Pratt was commissioned as a member of the Florida Fifth District Court of Appeal following his appointment by Governor Ron DeSantis.
Before joining the court, Judge Pratt worked as senior counsel at First Liberty Institute and served in various roles in state and federal government: as senior counsel in the U.S. Department of Justice, deputy general counsel in the U.S. Small Business Administration, and deputy solicitor general in the Florida Office of the Attorney General. As a deputy solicitor general, he defended significant Florida legislation and executive actions at every level of the state and federal court systems, with successful arguments before the U.S. Court of Appeals for the Eleventh Circuit, the Florida Supreme Court, and Florida’s First District Court of Appeal.
Judge Pratt graduated as a co-valedictorian of his undergraduate class at the University of Florida. He then received his J.D., magna cum laude, from the University of Florida College of Law, where he was a law review editor and president of the school’s Federalist Society and Christian Legal Society chapters. During law school, he interned for the Hon. Jeffrey S. Sutton on the U.S. Court of Appeals for the Sixth Circuit.
After his graduation from law school, Judge Pratt served as a law clerk to the Hon. Harvey E. Schlesinger on the U.S. District Court for the Middle District of Florida, Jacksonville Division. He then clerked for the Hon. Jennifer W. Elrod on the U.S. Court of Appeals for the Fifth Circuit.
Judge Pratt has held several fellowships, including an Olin–Searle Fellowship at Florida State University’s College of Law, and has published scholarship in the Tennessee Law Review, the Nebraska Law Review, and the Mississippi Law Journal. He is a member of the Federalist Society for Law & Public Policy Studies, and he has held several leadership roles in the organization, including service as president of its Tallahassee Lawyers Chapter from 2016 to 2019.
Partner, Nelson Mullins Riley & Scarborough
Marc Williams is the managing partner in Nelson Mullins Riley & Scarborough’s West Virginia office.
Criminal Justice Task Force Director, American Legislative Exchange Council
Jason Bedrick is director of policy for EdChoice. Previously, he was policy analyst with the Cato Institute’s Center for Educational Freedom. He also served as a legislator in the New Hampshire House of Representatives and was an education policy research fellow at the Josiah Bartlett Center for Public Policy.
Bedrick received his master’s degree in public policy from the John F. Kennedy School of Government at Harvard University, where he was a fellow at the Taubman Center for State and Local Government. His thesis, “Choosing to Learn,” assessed scholarship tax credit programs operating in eight states, including their program design, impact on student performance, fiscal impact, and popularity.
Senior Education Policy Fellow, Kansas Policy Institute
David Dorsey is a Senior Education Policy Fellow with Kansas Policy Institute. His primary emphasis in this role is combining his time spent as a public school teacher with policy research on issues related to K-12 finance, student achievement, and education reform. Prior to joining KPI, David spent 20 years as a public school elementary teacher, seventeen in Kansas. He was both a classroom and specialty teacher and served in various leadership capacities in those schools. David finished his teaching career with eight years as a mathematics interventionist at Lowman Hill Elementary School in Topeka USD 501 working with at-risk students. Prior to teaching he spent 15 years working in state and local government in Arizona as a city administrator, research analyst for the Phoenix Police Department, and a program evaluator for the largest state agency in Arizona. He earned a Master of Arts in Political Science from Arizona State University with an emphasis on research and statistical analysis in 1980. David was born and raised in South Dakota and received a BS degree from the University of South Dakota in 1977 with a major in Political Science and a minor in Economics.
Senior Attorney, Pacific Legal Foundation
Christina Martin is a Senior Attorney at Pacific Legal Foundation where she leads its initiative to end home equity theft—predatory tax-foreclosure laws that allow the government to take valuable homes and all equity in those homes as payment for debts as small as $8.
Christina's victories as lead counsel include Tyler v. Hennepin County in the U.S. Supreme Court, Hall v. Meisner in the Sixth Circuit, Rafaeli, LLC v. Oakland County in the Michigan Supreme Court, and New Mexico Farm & Livestock Bureau v. U.S. Department of the Interior in the Tenth Circuit. She also served as second chair in Knick v. Township of Scott, a landmark Supreme Court case that opened up the federal courthouse doors to takings plaintiffs.
Christina is admitted to the state bars of Washington, Oregon, and Florida, as well as a number of federal courts, including the Supreme Court of the United States. She earned a Bachelor of Science in Physics and a Bachelor of Arts in Communication from the University of Washington. She earned her J.D. from Ave Maria School of Law, where she was an editor of the Ave Maria Law Review.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Vice President for Litigation & Strategy, Pacific Legal Foundation
Larry Salzman leads PLF’s litigation program and is responsible for shaping the organization’s overall legal strategy to advance the principles of individual rights and limited government. He oversees the Supreme Court docket at PLF and helps its nearly 75 litigating attorneys and support staff bring cases to secure enduring legal change for liberty.
Larry has been a public interest litigator for nearly two decades, focusing on property rights and economic freedom. Recent highlights include Sheetz v. County of El Dorado and Tyler v. Hennepin County at the Supreme Court. He has been with PLF for more than a decade. Previously, he was a judicial clerk at the U.S. Court of Federal Claims and a litigator at the Institute for Justice.
Between 2007 and 2011, Larry took a hiatus from litigation to work as CEO of an e-commerce company he had co-founded and built while attending law school at night. He loves his current role at PLF because it provides the rare opportunity to continue expressing dual passions for litigation and entrepreneurial management.
Larry’s commitment to liberty crystallized during college by studying philosophy and free-market economics. He experienced the importance of property rights in a very personal way in the 1990s when his family’s auto-repair business was taken by eminent domain and turned over by the city to a private developer on the promise that a big-box store would generate more tax revenue.
He graduated from the University of San Diego School of Law (J.D. 2002), where he was assistant editor of the San Diego Law Review. Larry was inspired in law school to pursue a career in public interest litigation while working as a research assistant to the late Bernard Siegan, a pioneer in the movement to revive constitutional protection for property rights and economic liberty. He also serves on the Board of Directors for the Ayn Rand Institute. When not working, he enjoys travel, an annual pass to Disneyland with family, and learning and growing alongside his daughter.
Larry is a member of the bar only in the state of California.
Partner, Neilson Law Group P.C.
C. Thomas Ludden is the head of the Appellate Practice group at Lipson Neilson P.C. He has appeared before the United States Supreme Court, the Michigan Supreme Court, the Sixth and Ninth Circuit Courts of Appeal and the Michigan Court of Appeals. Mr. Ludden is a 1990 graduate of the University of Michigan (J.D./M.B.A) and a 1986 graduate of Dickinson College (B.A.) where he majored in Latin, Ancient Greek and Economics.
Executive Vice President, Goldwater Institute
Christina Sandefur is the Executive Vice President at the Goldwater Institute. She develops policies and litigates cases advancing healthcare freedom, free enterprise, private property rights, free speech, and taxpayer rights.
Christina is a co-drafter of the Right to Try initiative, now federal law, which protects terminally ill patients' right to try safe investigational treatments that have been prescribed by their physician but are not yet FDA-approved. She has won important victories for property rights in Arizona and works nationally to promote the Institute's Private Property Rights Protection Act, a state-level reform that requires government to pay owners when regulations destroy property rights and reduce property values.
Christina is the co-author of the book Cornerstone of Liberty: Private Property Rights in 21st Century America (2016). She is a frequent guest on national television and radio programs, has provided expert legal testimony to various legislative committees, and is a frequent speaker at conferences. She is the recipient of the 2018 Buckley Award in recognition of her leadership in the freedom movement, and she is an Advisory Board Member of the Network of enlightened Women. Christina serves on the board of the Phoenix Lawyers Chapter of the Federalist Society and is a member of the executive committee for the Federalist Society's Regulatory Transparency Project: FDA & Health.
Christina is a graduate of Michigan State University College of Law and Hillsdale College.
Deputy Counsel and Litigation Manager, Wisconsin Institute for Law & Liberty
Mr. Kamenick joined WILL at its founding in the summer of 2011. He graduated magna cum laude from Marquette Law School in 2009. During law school, he interned at the Internal Revenue Service, the U.S. District Court for the Eastern District of Wisconsin, and the Wisconsin Supreme Court. He also served as an editor of the Marquette Law Review and a volunteer tax preparer.
Prior to joining WILL, Mr. Kamenick worked as a law clerk for Justice Michael J. Gableman on the Wisconsin Supreme Court (2009-2010 term), as a tax consultant for Reinhart Boerner Van Deuren, s.c., and as a research assistant for Marquette Law School’s dean, Joseph Kearney. He is currently on the faculty of Wisconsin Lutheran College, teaching business law.
Mr. Kamenick lives in Saukville with his wife and two children. He enjoys giving back to his community, serving as a member of Saukville’s Public Safety Committee and a board member of Musical Masquers, a theater company based in West Bend. He also performs in community theater and his church’s handbell choirs.
2017 Civil Justice Update
Mark A. Behrens, Sarah Goggans
White Paper
This paper reviews key civil justice issues and reforms in 2017. Part I focuses on...
2017 Civil Justice Update
Mark A. Behrens, Sarah Goggans
White Paper
This paper reviews key civil justice issues and reforms in 2017. Part I focuses on...
The Problem with the Proliferation of Collateral Consequences
John G. Malcolm
Federalist Society Review, Volume 19
Note from the Editor: This article discusses collateral consequences of criminal convictions and argues that...
Independent Review of Procurements Is Worth It: There Is No Support for Hamstringing the GAO Bid Protest Process
Marcia G. Madsen, David F. Dowd, Roger V. Abbott
Federalist Society Review, Volume 19
Note from the Editor: This article criticizes a recent change to the GAO bid protest...
Appointments Clause: Burgess v. FDIC, the Appointments Clause, and the Separation of Powers
Oliver Dunford
Federal Court Docket Watch
Last week, the Fifth Circuit became the third circuit court to consider whether administrative law...
Establishment Clause: Bormuth v. County of Jackson
John J. Bursch
Federal Court Docket Watch
If you’re looking for evidence that Establishment Clause jurisprudence is a mess, look no further...
State Court Docket Watch 2017
Jordan E. Pratt, Marc E. Williams, Ronald Joseph Lampard, Jason Bedrick, David Dorsey, Christina Martin, Andrew Cook, Joel Burcat, Larry Salzman, C. Thomas Ludden, Christina Sandefur, Thomas C. Kamenick
State Court Docket Watch
Florida League of Women Voters v. Scott by Jordan E. Pratt – pg. 2 West...
Statement of Paul R. Noe, Vice President, Public Policy American Forest & Paper Association American Wood Council
Statement of Paul R. Noe, Vice President, Public Policy American Forest & Paper Association American...
Administrative Conference Recommendation 2017-5: Agency Guidance Through Policy Statements
Administrative Conference Recommendation 2017-5: Agency Guidance Through Policy Statements
Yale Journal on Regulation: Due Process and Management for Guidance Documents: Good Governance Long Overdue
Yale Journal on Regulation: Due Process and Management for Guidance Documents: Good Governance Long Overdue