Counsel, Ford & Harrison LLP
Frank has successfully represented national retailers, health care providers, and various other public and private employers in matters arising under Title VII, the ADA, FMLA, ADEA, USERRA, and various other federal and state statutes.
He has extensive litigation experience in many different forums, and he has helped many clients prevail on summary judgment and at trial. Frank frequently serves as a faculty member at employment law seminars, and he has published articles in the ABA Employment Law Newsletter, the Tennessee Bar Journal, and the University of Memphis Law Review. He graduated from the University of Memphis School of Law with honors where he also received special recognition for his performance in moot court and mock trial competitions.
Of Counsel, Fisher & Phillips, LLP
Greg Grisham has over 25 years of successful experience counseling and representing employers in all aspects of workplace law in Tennessee and across the United States.
He has helped employers avoid claims, charges and lawsuits with a focus on preventative practices. Preventative practices include counseling in situations involving discipline, termination, demotion, promotion and other workplace changes in the terms and conditions of employment, harassment investigations, wage and hour compliance, FMLA Compliance, Reasonable Accommodation assessment, supervisor training and the review of employment policies and procedures. In addition, Greg's practice includes the representation of business entities subject to Title III of the Americans with Disabilities Act in Public Accommodation cases.
Greg has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims alleging discrimination, harassment, retaliation, wrongful termination, defamation, invasion of privacy, breach of contract, wage and hour violations and ERISA violations, among others. He also represents employers before the National Labor Relations Board in unfair labor practice proceedings. He represents employers in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation and non-disclosure agreements and related trade secret litigation. Greg's practice also includes the defense of property owners and property management companies in federal and state Housing Discrimination charges and litigation. He also advises Tennessee Public Charter Schools on education law and workplace compliance matters.
Greg has extensive experience working with insurance carriers and their insureds in the defense of EPLI claims. He is a regular speaker at public seminars on workplace law issues and has authored numerous articles on a variety of labor and employment law related topics.
Greg holds an AV Preeminent Peer Review rating from Martindale-Hubbell and has been selected for inclusion in Mid-South Super Lawyers and Best Lawyers in America for Employment Litigation-Management side. Greg was elected as a 2016 Fellow to the College of Labor and Employment Lawyers and has been selected to the “Top 20 Lawyers in Traditional Labor & Employment Law” list in conjunction with Human Resource Executive Magazine and LawDragon’s 2017 and 2018 “Most Powerful Employment Attorneys” lists and specialty guides. Greg was also named a Fellow in the American Bar Foundation in 2017.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Associate Professor, Boston College Law School
David Olson is an associate professor and the Faculty Director of the Program on Innovation and Entrepreneurship. He teaches patent law, intellectual property law, antitrust law, and various seminars. His research and writing primarily focus on patents, copyrights, antitrust, and incentives for innovation and competition. Since joining BC Law in 2007, he has been recognized for his teaching excellence and contributions. In 2011, he received the Business & Law Society Faculty Award for Achievement in Business & Law. In 2012, he received the Professor Emil Slizewski Award for Faculty Excellence. For one semester in 2015, Olson served as a visiting professor at Pontifical Catholic University, Rio de Janeiro, Brazil, where he conducted research and taught a course on intellectual property.
Olson has published scholarly articles on patent law, copyright law, antitrust, music licensing, and first amendment copyright issues. His writing has been cited in Supreme Court and other legal opinions. He has testified before the U.S. Congress on matters of drug patents, FDA regulation, and antitrust.
The media frequently seeks Olson’s insights and opinions. He has been quoted in the Wall Street Journal, Associated Press, and Reuters, among others. He has appeared as a guest panelist on WBUR’s Radio Boston, WAMU's Kojo Namdi Show, and Public Radio Canada. His op-eds have appeared in the Chicago Tribune, Washington Times, and The Hill.
Olson came to Boston College from Stanford Law School's Center for Internet and Society, where he conducted research on patent law and litigated copyright fair use impact cases. Before entering academia, Olson practiced law as a patent litigator. He clerked for Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit.
Associate Professor, Boston College Law School
David Olson is an associate professor and the Faculty Director of the Program on Innovation and Entrepreneurship. He teaches patent law, intellectual property law, antitrust law, and various seminars. His research and writing primarily focus on patents, copyrights, antitrust, and incentives for innovation and competition. Since joining BC Law in 2007, he has been recognized for his teaching excellence and contributions. In 2011, he received the Business & Law Society Faculty Award for Achievement in Business & Law. In 2012, he received the Professor Emil Slizewski Award for Faculty Excellence. For one semester in 2015, Olson served as a visiting professor at Pontifical Catholic University, Rio de Janeiro, Brazil, where he conducted research and taught a course on intellectual property.
Olson has published scholarly articles on patent law, copyright law, antitrust, music licensing, and first amendment copyright issues. His writing has been cited in Supreme Court and other legal opinions. He has testified before the U.S. Congress on matters of drug patents, FDA regulation, and antitrust.
The media frequently seeks Olson’s insights and opinions. He has been quoted in the Wall Street Journal, Associated Press, and Reuters, among others. He has appeared as a guest panelist on WBUR’s Radio Boston, WAMU's Kojo Namdi Show, and Public Radio Canada. His op-eds have appeared in the Chicago Tribune, Washington Times, and The Hill.
Olson came to Boston College from Stanford Law School's Center for Internet and Society, where he conducted research on patent law and litigated copyright fair use impact cases. Before entering academia, Olson practiced law as a patent litigator. He clerked for Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit.
Former Inspector General of the Corporation for National and Community Service
Gerald Walpin, the new Inspector General of the Corporation for National and Community Service, has vowed a vigorous effort to investigate and prosecute all persons who betray the public’s trust by defrauding the Corporation and its programs.
A prominent New York attorney, Walpin was nominated by President George W. Bush, confirmed by the U.S. Senate and sworn into office on January 8, 2007. He leads the Office of Inspector General (OIG), an independent Federal agency charged with oversight over the taxpayer-supported Corporation and its service programs, including AmeriCorps, Volunteers in Service to America (VISTA)and Senior Corps.
“My major objective is to expand upon the good work of this office by preventing, detecting and prosecuting all thefts and frauds,” said Walpin. “The reality is that such misconduct takes precious resources away from deserving people, the same way the theft of a welfare check hurts a single mother who needs that money to buy milk for her children. For that reason, this office will seek out and ensure sanctions for all wrongdoing involving Corporation funds.”
Walpin said his other major goal is to “assist the Corporation in making its services efficient and accessible for all national service stakeholders.”
A New York City native, Walpin graduated from College of the City of New York in 1952. He earnedhis law degree, cum laude, in 1955 from Yale Law School, where he was managing editor of the Yale Law Journal. From 1957-60, he served as a lieutenant in the United States Air Force Judge Advocate General.
His career included a five-year stint as Chief of Prosecutions for the United States Attorney for the Southern District of New York, where he successfully prosecuted a number of high-profile cases. He spent more than 40 years as senior partner and, more recently, of counsel to New York-based Katten Muchin Rosenman LLP.
Mr. Walpin has represented a wide range of clients, including large public corporations, securities brokerage firms, accounting firms, law firms, banks in lender liability claims, and individuals, both American and foreign, in securities litigations, employment litigations, criminal prosecutions, and investigations by the United States Securities and Exchange Commission. Both as an Assistant U.S. Attorney and in his law firm, he was frequently called upon to investigate fraudulent conduct.
Included in the published compilation “The Best Lawyers in America,” Mr. Walpin served from 2002-2004 as president of the Federal Bar Council, the association of attorneys practicing in the Second Circuit Federal courts. In 2003, he was honored with the American Inns of Court Professionalism Award for outstanding professionalism as an attorney and for mentoring younger lawyers.
Walpin and his wife Sheila, married for almost 50 years, have three children and six grandchildren.
Inspector General of the Corporation for National and Community Service
Chief of Prosecutions in the New York U.S. Attorney's Office.
President of the Federal Bar council
Senior Partner of and Council to Katten Muchin Rosenman LLP
Chief of Prosectutions for the US Attornery for the Southern District of New York
Lieutenant in the US Air Force Judge Advocate General
B.A., College of the City of New York, 1952
J.D., Yale Law School
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
Associate Professor, Northern Illinois University
Evan Bernick joined the NIU Law faculty in 2021. He teaches courses in constitutional law, criminal law, criminal procedure, administrative law and legislation.
From 2020 to 2021, Professor Bernick was a visiting professor at the Georgetown University Law Center and the executive director of the Georgetown Center for the Constitution. Before that, he served as a clerk to Judge Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit. From April 2017 to April 2019, he was a visiting lecturer at Georgetown and a resident fellow of the Center for the Constitution.
His scholarship covers a range of topics, from constitutional law, to philosophy of law, to social movements, to law enforcement. He has published with the Georgetown Law Journal, the Notre Dame Law Review, the William and Mary Law Review and the George Mason Law Review, among other journals. His book, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021), with Randy E. Barnett, was published by Harvard University Press under its Belknap imprint "for books of long-lasting importance, superior in scholarship and physical production, chosen whether or not they might be profitable."
Professor Bernick received his bachelor's degree in 2008 from the University of Chicago, where he studied philosophy and graduated with honors. He received his juris doctorate in 2011 from the University of Chicago Law School.
Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Partner, Williams & John LTD
David L. Applegate is a partner of Williams & John Ltd., where he chairs the firm's intellectual property practice group and is a member of the commercial litigation practice group. He focuses his practice on patent, trademark, copyright, trade secret, unfair competition, and business litigation and arbitration, and on U. S. Supreme Court and related amicus brief practice.
Mr. Applegate is a Fellow of Litigation Counsel of America, the Intellectual Property Institute, and the Diversity Law Institute; a Senior Master Member of the Richard Linn American Inn of Court; a Past President of the Chicago Lincoln American Inn of Court; and a Legal Policy Advisor to The Heartland Institute. He is "AV Preeminent" peer review rated by Martindale-Hubbell, reflecting the highest peer recognition for both ethical standards and legal ability, and has been named by his peers for inclusion in Illinois Leading Lawyers and IllinoisSuper Lawyers in both commercial and intellectual property litigation for decades.
Throughout his career, Mr. Applegate has represented corporations and individuals as both plaintiffs and defendants in state and federal litigation at the trial and appellate levels. He has tried multiple cases to verdict in both jury and bench trials nationwide and has argued appeals in the Illinois appellate courts and the U.S. Court of Appeals for the Seventh and Federal Circuits; his amicus brief was cited twice in the U. S. Supreme Court’s 5-4 majority opinion in the Janus case. Mr. Applegate also has extensive commercial arbitration and private mediation experience in both national and international dispute resolution forums, and is a former member of the Chicago International Dispute Resolution Association. In 2001, the U. S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association recognized him for his outstanding individual commitment to pro bono service to indigent clients throughout the Northern District of Illinois.
In addition to his legal practice, Mr. Applegate has written and spoken frequently on matters of law and public policy, including on both local and national television and radio. He is an avid collector and amateur historian of original comic strip and editorial cartoon art, and has written extensively in that field as well for over three decades.
Circumventing Congress: The Use of Sex-Stereotyping Theory to Expand Protected Classes Under Title VII
Frank L. Day, J. Gregory Grisham
Federalist Society Review, Volume 17, Issue 1
Note from the Editor: This article is about the EEOC’s use of the Supreme Court’s...
U.S. Army Corps of Engineers v. Hawkes Co., Inc.: Wetlands Jurisdictional Determinations and the Right of Federal Judicial Review
Damien Michael Schiff
Federalist Society Review, Volume 17, Issue 1
Note from the Editor: This article discusses U.S. Army Corps of Engineers v. Hawkes, a...
Resale Price Maintenance & State Law Holdups
David S. Olson
In this paper, David S. Olson discusses the legal status of resale price maintenance agreements,...
Resale Price Maintenance & State Law Holdups
David S. Olson
White Paper
In this paper, David S. Olson discusses the legal status of resale price maintenance agreements,...
Birthright Citizenship: Two Perspectives
Gerald Walpin, David B. Rivkin, John C. Yoo
Engage, Volume 17, Issue 1
Note from the Editor: This pair of articles debates the original meaning of Section 1...
Is the Long Arm of the Law Shrinking? Geographic Boundaries for the Approval of Wiretaps and Bugs and the Shifting Jurisdictional Reach of Federal Judges to Authorize Electronic Surveillance
Mike Hurst
Engage, Volume 17, Issue 1
Recent court decisions from around the country are raising serious questions as to the potential...
Book Review: The Right to Try
Evan D. Bernick
Engage, Volume 17, Issue 1
Note from the Editor: This book review discusses the controversial concept of the constitutional “right...
People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service: Did Gonzalez v. Raich Eviscerate All Constitutional Limits on Federal Power?
Jonathan Wood
Engage Volume 17, Issue 1
Note from the Editor: This article discusses an ongoing case questioning the constitutionality of the...
Domestic Convictions for Foreign Violations
Paul James Larkin
Engage Volume 17, Issue 1
Note from the Editor: This article discusses the Lacey Act and argues that its incorporation of...
What’s at Stake in Cuozzo v. Lee?: The View of the Petitioner
David L. Applegate
Engage, Volume 17, Issue 1
Currently pending on the docket of the United States Supreme Court is the case of...