Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Partner, Benesch, Friedlander, Coplan & Aronoff LLP
Peter focuses his legal practice on representing management in employment-related litigation and in contract negotiations, NLRB proceedings, EEO matters and arbitration.
Peter Kirsanow is a partner with Benesch’s Labor & Employment Practice Group. He returned to Benesch in January 2008 after serving as a presidential appointee to the National Labor Relations Board (NLRB) in Washington D.C. for two years. While serving on the NLRB, he was involved with significant decisions including Oakwood Healthcare, Inc., Dana/Metaldyne and Oil Capital Sheet Metal, Inc. In addition, Peter testified before the Senate Judiciary Committee on the nominations of John Roberts, Samuel Alito, Sonia Sotomayor, Elena Kagan and Neil Gorsuch to the Supreme Court. He also continues to testify before and advise members of the U.S. Congress on employment law matters, most recently on November 18 before the House Subcommittee on Investigations and Oversight regarding disparate impact theory.
Peter was recently reappointed by the Majority Leader of the House of Representatives to his fourth consecutive six-year term on the U.S. Commission on Civil Rights. This is a part-time position which will expire in December 2025.
Recently, Peter and a team of Benesch attorneys served as lead counsel to the National Association of Manufacturers in litigation before the U.S. Circuit Court for the District of Columbia against the NLRB, challenging the Board’s Notice of Employer Rights Posting Rule. The court ruled in favor of Benesch’s client, striking down the NLRB’s Rule in its entirety. This ruling impacts over 6,000,000 employers nationwide which would have been subject to the posting requirement.
Additionally, Peter is past chair of the board of directors of the Center for New Black Leadership and is a member of Benesch’s Diversity & Inclusion Committee. This committee helps ensure that the firm promotes an environment in which differences are respected, employees are treated fairly, and individual skills and talents are valued.
Thomas P. O’Neill, Jr. Professor of American Politics, Boston College; Co-Chair , Harvard Program on Constitutional Government
R. Shep Melnick is the Thomas P. O’Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of The Crucible of Desegregation: The Uncertain Search for Educational Equality (Univeristy of Chicago Press, 2023); The Transformation of Title IX: Regulating Gender Equality in Education, (Brookings, 2018), Between the Lines: Interpreting Welfare Rights (Brookings,1994), and Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state. In 2012 he received the American Political Science Association Law and Courts Section’s “Lasting Contribution” award. He received his BA and PhD from Harvard, and taught at Harvard and Brandeis before moving to Boston College. He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the NH House of Representatives.
Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights, University of North Carolina School of Law
Theodore M. Shaw is the Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law at Chapel Hill. Professor Shaw teaches Civil Procedure and Advanced Constitutional Law/Fourteenth Amendment. Before joining the faculty of UNC Law School, from 2008-2014 Professor Shaw taught at Columbia University Law School, where he was Professor of Professional Practice. During that time he was also “Of Counsel” to the law firm of Norton Rose Fulbright (formerly Fulbright & Jaworski, LLP). His practice involved civil litigation and representation of institutional clients on matters concerning diversity and civil rights.
Professor Shaw was the fifth Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc., for which he worked in various capacities over the span of twenty-six years. He has litigated education, employment, voting rights, housing, police misconduct, capital punishment and other civil rights cases in trial and appellate courts, and in the United States Supreme Court.From 1982 until 1987, he litigated education, housing, and capital punishment cases and directed LDF's education litigation docket. In 1987, under the direction of LDF's third Director-Counsel, Julius Chambers, Mr. Shaw relocated to Los Angeles to establish LDF's Western Regional Office. In 1990, Mr. Shaw left LDF to join the faculty of the University of Michigan Law School, where he taught Constitutional Law, Civil Procedure and Civil Rights. While at Michigan, he played a key role in initiating a review of the law school's admissions practices and policies, and served on the faculty committee that promulgated the admissions program that was upheld by the U.S. Supreme Court in 2003 in Grutter v. Bollinger.
In 1993, Mr. Shaw returned to LDF as Associate Director-Counsel, and in 2004, he became LDF's fifth Director-Counsel. Mr. Shaw's legal career began as a Trial Attorney in the Honors Program of the United States Department of Justice, Civil Rights Division in Washington, D.C., where he worked from 1979 until 1982.
Mr. Shaw has testified on numerous occasions before Congress and before state and local legislatures. His human rights work has taken him to Africa, Asia, Europe, and South America. In addition to teaching at Columbia and at Michigan Law School, Professor Shaw held the 1997-1998 Haywood Burns Chair at CUNY School of Law at Queens College and the 2003 Phyllis Beck Chair at Temple Law School. He was a visiting scholar at the Constitution Center in Philadelphia in 2008-2009. He is a member of the faculty of the Practicing Law Institute (PLI).
Mr. Shaw served on the Obama Transition Team after the 2008 presidential election, as team leader for the Civil Rights Division of the Justice Department.
Partner, Duane Morris LLP
Brian Pandya is Partner at Duane Morris LLP. A member of the firm’s Trial Practice Group, Brian represents technology, manufacturing, and healthcare companies in high-stakes litigation, arbitrations, investigations and appeals. He has served as lead trial counsel in a range of intellectual property, antitrust, complex commercial and white-collar matters. He also regularly counsels clients on cybersecurity and national security issues, particularly matters concerning emerging technologies and artificial intelligence.
Before joining Duane Morris, Brian served at the U.S. Department of Justice as Deputy Associate Attorney General from 2019-21, where he oversaw investigations and litigation undertaken by the Antitrust Division and Civil Division and served on several high-profile task forces and trial teams. Brian was also previously a litigation and IP partner at another prominent Washington, DC firm.
Brian clerked for Judge Leonard Davis on the United States District Court for the Eastern District of Texas. He is a two-time recipient of the Federal Circuit Bar Association’s Pro Bono Advocacy Award for work on behalf of military veterans and has served as volunteer federal public defender in the Eastern District of Virginia, among many other bar and community engagements.
Brian graduated cum laude from the University of Michigan Law School, where he was articles editor of the Michigan Telecommunications and Technology Law Review, and with honors and high distinction in mechanical engineering from Penn State University, where he received the Ralph Dorn Hetzel Memorial Award.
Sterling Professor of Law, Yale Law School
Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale University, where he teaches constitutional law in both Yale College and Yale Law School. After graduating from Yale College, summa cum laude, in 1980 and from Yale Law School in 1984, and clerking for Judge (later Justice) Stephen Breyer, Amar joined the Yale faculty in 1985 at the age of 26. He is Yale’s only living professor to have won the University’s unofficial triple crown — the Sterling Chair for scholarship, the DeVane Medal for teaching, and the Lamar Award for alumni service.
Amar’s work has won awards from both the American Bar Association and the Federalist Society, and he has been cited by Supreme Court justices across the spectrum in more than 50 cases — tops among scholars under age 70. According to both Fred Shapiro’s landmark 2021 study of lifetime scholarly citations and Heinonline’s most recent tabulation of lifetime law-review citations, Amar is America’s second most-cited legal scholar still under age 70. He is a member of the American Academy of Arts and Sciences and has written widely for popular publications, including The New York Times, The Washington Post, The Wall Street Journal, Time, and The Atlantic. He was an informal consultant to the popular TV show The West Wing and his scholarship has been showcased on many broadcasts, including The Colbert Report, Morning Joe, AC360, Velshi, Fox News @ Night with Shannon Bream, Fareed Zakaria GPS, Erin Burnett Outfront, and Constitution USA with Peter Sagal.
He is the author of more than a hundred law review articles and several books, including The Bill of Rights (1998 — winner of the Yale University Press Governors’ Award), America’s Constitution (2005 — winner of the ABA’s Silver Gavel Award), America’s Unwritten Constitution (2012 — named one of the year’s 100 best nonfiction books by The Washington Post), and The Constitution Today (2016 — named one of the year’s top ten nonfiction books by Time magazine). The first volume of his ambitious trilogy on American constitutional history from the Founding to the present, The Words That Made Us: America’s Constitutional Conversation, 1760-1840, came out in May 2021. The second volume, Born Equal: Remaking America’s Constitution, 1840-1920, will be published in September 2025 and is already available for pre-order. All together, his nonfiction books have won two starred reviews from Publishers Weekly and three starred reviews from Kirkus—tops, it is believed, among legal scholars under age 70. Together with Vikram David Amar (YLS ’88), he has a bi-weekly column on the Supreme Court on the distinguished website SCOTUSblog. Along with Andy Lipka, he co-hosts a popular and free weekly podcast, Amarica’s Constitution, whose listeners are eligible for CLE credit in most American jurisdictions. A wide assortment of his articles and op-eds and video links to many of his public lectures and free online courses may be found at akhilamar.com.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law, University of Virginia School of Law
Professor John C. Harrison is the James Madison Distinguished Professor of Law and Class of 1941 Research Professor of Law at the University of Virginia School of Law. He joined the faculty at University of Virginia in 1993 as an associate professor of law after a distinguished career with the U.S. Department of Justice. His teaching subjects include constitutional history, federal courts, remedies, corporations, civil procedure, legislation and property. In 2008 he was on leave from the Law School to serve as counselor on international law in the Office of the Legal Adviser at the U.S. Department of State.
A 1977 graduate of the University of Virginia, Harrison earned his law degree in 1980 at Yale, where he served as editor of the Yale Law Journal and editor and articles editor of the Yale Studies in World Public Order. He was an associate at Patton Boggs & Blow in Washington, D.C., and clerked for Judge Robert Bork on the U.S. Court of Appeals for the District of Columbia Circuit. He worked with the Department of Justice from 1983-93, serving in numerous capacities, including deputy assistant attorney general in the Office of Legal Counsel (1990-93).
Levin, Mabie & Levin Professor of Law, University of Florida Levin College of Law
Professor Gary Lawson joined the University of Florida Levin College of Law faculty on July 1, 2024, after twenty-four years at Boston University School of Law and eleven years at Northwestern University School of Law. While at Boston University, he was named a William Fairfield Warren Distinguished Professor in 2022 – the highest faculty honor within the university. He has authored or co-authored nine editions of a textbook on administrative law, a textbook on constitutional law, five university press books, one popular press book, and more than one hundred scholarly articles on topics ranging from aspects of constitutional theory and history to the proof of legal propositions. His works have been cited in more than twenty opinions of United States Supreme Court justices. He is a founding member, and serves on the Board of Directors, of the Federalist Society for Law and Public Policy Studies and is on the Editorial Advisory Board of the Heritage Guide to the Constitution.
Judge, United States Court of Appeals, Eleventh Circuit
Judge Kevin C. Newsom is a member of the United States Court of Appeals for the Eleventh Circuit. He sits in Birmingham, Alabama.
Before his appointment to the bench, Judge Newsom was the head of the appellate practice group at Bradley Arant Boult Cummings LLP and, before that, the Solicitor General of Alabama. As a practicing lawyer, Judge Newsom argued four cases in the Supreme Court of the United States, and nearly 40 more in the United States Courts of Appeals and state supreme and appellate courts.
Judge Newsom graduated summa cum laude from Samford University and magna cum laude from Harvard Law School, where he was an articles editor on the Harvard Law Review. Following law school, Judge Newsom clerked for Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit and Justice David H. Souter of the Supreme Court of the United States.
Judge Newsom teaches at Harvard Law School, Yale Law School, Stanford Law School, and the University of Chicago Law School. His published work has appeared in the Yale Law Journal and the Harvard Law Review.
Lee S. and Charles A. Speir Chair in Law, Vanderbilt Law School
Kevin M. Stack is Lee S. and Charles A. Speir Professor of Law at Vanderbilt University Law School. He writes on administrative law, regulation, statutory interpretation, and separation of powers. He was recognized with the ABA's 2013 Annual Scholarship Award for the best published work in administrative law for his Michigan Law Review article, “Interpreting Regulations." He is co-author (with Lisa S. Bressman and Edward L. Rubin) of The Regulatory State (Aspen Publishers, second edition 2013), a casebook on statutes and administrative lawmaking. His work has appeared in numerous law reviews, including the Yale Law Journal, Columbia Law Review, Michigan Law Review, Cornell Law Review, Northwestern University Law Review, and George Washington Law Review. He joined Vanderbilt's law faculty in 2007 and served as associate dean for research from 2008 to 2010 and again from 2012 to 2015. He also been on the faculty at Benjamin N. Cardozo School of Law of Yeshiva University, which he joined after practicing as an associate at Jenner & Block in Washington, D.C. Prior to practice, he served as a law clerk for Judge Kimba M. Wood of the U.S. District Court for the Southern District of New York and for Judge A. Wallace Tashima of the U.S. Court of Appeals for the Ninth Circuit. Before earning his J.D. at Yale Law School, he earned a master's degree in philosophy at Oxford University, supported by a Fulbright Scholarship, and a B.A. from Brown University.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
Freelance Journalist and Author
Stuart Taylor, Jr. is a Washington writer focusing on legal and policy issues and a National Journal contributing editor. He occasionally practices law.
Taylor has coauthored three books. All have been acclaimed by commentators across the ideological spectrum. In January 2017, KC Johnson and Taylor authored The Campus Rape Frenzy: The Attack on Due Process at America's Universities. In 2012, Richard Sander and Taylor authored Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It. In 2007, Taylor and Johnson authored Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Fraud. Sander and Taylor have also filed amicus briefs in Supreme Court cases involving admissions preferences.
Since 1980, Taylor has done reporting and commentary about issues ranging from the biggest Supreme Court cases to race, voting rights, mindlessly excessive criminal penalties, guilt-presuming campus rape processes, journalistic bias, the death penalty, war powers, gerrymandering, guns, polarization, civil liberties, national security, torture, campaign finance, education, impeachment, and other issues. He has often been called one of the nation's best legal journalists and is known for challenging both liberal and conservative conventional wisdom.
Taylor was a reporter for The New York Times from 1980-1988, covering legal affairs and then the Supreme Court. He wrote commentaries and long features for The American Lawyer, Legal Times and their affiliates from 1989-1997, and for National Journal and Newsweek from 1998 through 2010. He has written (less often) on a freelance basis for numerous publications since 2010. He has written op-eds for The Washington Post, The New York Times, The Wall Street Journal, The Los Angeles Times, USA Today, and The New York Daily News and longer commentaries for RealClearPolitics, The Atlantic, The New Republic, the (late) Weekly Standard, National Review, Slate, The Daily Beast, Harper’s, Reader’s Digest, Time and other magazines. He has been interviewed on all major television and radio networks. He taught “Law and the News Media” at Stanford Law School in 2011 and 2012 and practices law on occasion.
Taylor graduated from Princeton University in 1970 with an A.B. in History. After working as a reporter for the Baltimore Evening Sun and Sun from 1971-1974, he moved to Harvard Law School, was a Harvard Law Review note editor, and graduated in 1977 at the top of his class, with high honors. He also won a Frederick Sheldon Traveling Fellowship and traveled around the world in 1977-1978 while studying freedom of the press in the United Kingdom and Kenya.
Taylor practiced law with Wilmer, Cutler & Pickering, in Washington, D.C., from 1977-1980 before returning to journalism in 1980 by joining the Washington Bureau of The New York Times.
Taylor's journalism honors include the 2009 Northern California Innocence Project Media Award for his work on the Duke lacrosse rape fraud; a 2002 National Headliner Award for best special magazine column on one subject; and a share of The American Lawyer’s National Magazine Award for a March 1990 special issue on the drug war. He was a National Magazine Award finalist in 1993 and 1997 and was nominated by The New York Times for a Pulitzer Prize in 1988.
J.B. and Maurice C. Shapiro Professor of Public Interest Law; Director of the Environmental Law Advocacy Center; Executive Director, Project for Older Prisoners, The George Washington University Law School
Jonathan Turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law. After a stint at Tulane Law School, Professor Turley joined the GW Law faculty in 1990, and in 1998, became the youngest chaired professor in the school’s history.
He is the founder and executive director of the Project for Older Prisoners (POPS). He has written more than three dozen academic articles that have appeared in a variety of leading law journals including those of Cornell, Duke, Georgetown, Harvard, and Northwestern Universities, among others. He most recently completed a three-part study of the historical and constitutional evolution of the military system.
Professor Turley has served as counsel in some of the most notable cases in the last two decades, including his representation of the Area 51 workers at a secret air base in Nevada; the nuclear couriers at Oak Ridge, Tennessee; the Rocky Flats grand jury in Colorado; Dr. Eric Foretich, the husband in the Elizabeth Morgan custody controversy; and four former U.S. Attorney Generals during the Clinton impeachment litigation. Professor Turley also has served as counsel in a variety of national security and terrorism cases, and has been ranked as one of the top 10 lawyers handling military cases.
He has served as a consultant on homeland security and constitutional issues, and is a frequent witness before the House and Senate on constitutional and statutory issues as well as tort reform legislation. He also is a nationally recognized legal commentator; he ranked 38th in the top 100 most cited ‘public intellectuals’ in a recent study by Judge Richard Posner and was found to be the second most cited law professor in the country.
He is a member of the USA Today board of contributors and the recipient of the “2005 Single Issue Advocate of the Year” – the annual opinion award for the Aspen Institute and The Week magazine. More than 400 of his articles on legal and policy issues regularly appear in national newspapers. He also has worked as the CBS and NBC legal analyst, respectively, during national controversies.
Professor of Government, Claremont Graduate University
Michael Uhlmann has been a professor in the Division of Politics & Economics at Claremont Graduate University since 2002. His research specializations include American presidency, executive–congressional relations, and the federal judiciary—namely, the federal administrative process and national security decision making. In addition to his regular coursework at CGU, Uhlmann teaches in and directs CGU’s Tribal Administration Certificate Program, made possible through a generous grant from the San Manuel Band of Mission Indians.
Uhlmann received his PhD in Government from Claremont Graduate University after receiving his BA in History from Yale University and his LLB from the University of Virginia Law School. Immediately prior to joining the CGU faculty, Uhlmann served as a senior vice president of the Lynde and Harry Bradley Foundation in Milwaukee, Wisconsin. Before that, he was a senior fellow at the Ethics and Public Policy Center in Washington, D.C. He had also served for many years as a partner in the Washington office of Pepper, Hamilton, & Scheetz, a large international law firm, where he specialized in federal antitrust and administrative law. Concurrently held alongside his position at CGU, Uhlmann is an adjunct professor at Claremont McKenna College, teaching a variety of courses in the Department of Government.
In addition to his academic career, private legal practice, and philanthropic work, Uhlmann has had a distinguished career in government, beginning with service as a staff and committee counsel in the U.S. Senate and as assistant general counsel of the Federal Trade Commission. In 1974, following Senate confirmation, he was appointed by President Gerald Ford to be assistant attorney general for Legislative Affairs in the Department of Justice. From 1981 to 1984, he served as special assistant to President Ronald Reagan and associate director of the White House Office of Policy Development. He directed legal and administrative policy for the Reagan presidential transition in 1980–1981 and chaired the Department of Justice transition team for President-Elect George H. W. Bush in 1988–1989.
Uhlmann has written for many leading newspapers and journals of opinion, including National Review, Weekly Standard, Philadelphia Inquirer, Los Angeles Times, Washington Post, First Things, and Claremont Review of Books.
Jamie Dodge is the founding director of Emory’s Institute for Complex Litigation and Mass Claims. Before teaching, Professor Dodge was in private practice with Paul Hastings and later Gibson Dunn, representing clients at any stage of the litigation process. After practicing privately, she held numerous faculty positions at Harvard Law School, the University of Georgia, and the Perking University School of Transnational Law before going to Emory. Her scholarship focuses on how the structure of procedural regimes, from aggregate litigation to alternative dispute resolution models, affects the exercise of rights and enforcement of substantive law. Her work has been published in many law review journals including Harvard Law Review, Virginia Law Review, and Notre Dame Law Review. Professor Dodge graduated with a law degree from Harvard University, and received her bachelors at Dartmouth College.
Associate Professor of Law at Georgetown, Maria J. Glover specializes in civil procedure, complex litigation, and the interplay between private litigation and public regulation. She was a Climenko Fellow and Lecturer on Law at Harvard Law School before coming to Georgetown in 2012. Before teaching, she clerked for Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and practiced in the Supreme Court Appellate practice group at Mayer Brown LLP in Washington, DC. She is a graduate of Vanderbilt Law School. She was the recipient of the Cecil D. Branstetter Litigation and Dispute Resolution Program Award.
Mary Nold Larimore’s primary practice concentration is in litigation, focusing on product liability litigation, the defense of pharmaceutical and drug and device manufacturers, chemical companies, toxic tort litigation and commercial litigation. Ms. Larimore has served as national, regional and local counsel in drug, device and chemical exposure litigation, as well as expert witness counsel. She regularly addresses scientific, epidemiologic and complex medical issues in multi-jurisdictional litigation. She is the first woman from Indiana to be a Fellow in the American College of Trial Lawyers, served as Chair of the Supreme Court Committee on Rules of Practice and Procedure, and two five-year terms by appointment of the Chief Justice. She was selected to be in The Best Lawyers® in America from 2007-2018 and in Indiana Super Lawyers from 2004-2017. Ms. Larimore received a juris doctorate from Indiana University Maurer School of Law.
Partner, Skadden, Arps, Slate
John Beisner is the leader of Skadden’s Mass Torts, Insurance and Consumer Litigation Group. He focuses on the defense of purported class actions, mass tort matters and other complex civil litigation in both federal and state courts. He also regularly handles appellate litigations and has appeared in matters before the U.S. Supreme Court. Over the past 25 years, he has defended major U.S. and international corporations in more than 600 purported class actions filed in federal courts and in 40 state courts at both the trial and appellate levels. Those class actions have involved a wide variety of subjects, including antitrust/unfair competition, consumer fraud, RICO, ERISA, employment discrimination, environmental issues, product-related matters and securities. He also has handled numerous matters before the Judicial Panel on multidistrict litigation, as well as proceedings before various federal and state administrative agencies, particularly the National Highway Traffic Safety Administration and the Consumer Product Safety Commission.
Mr. Beisner has advised on numerous high-visibility corporate crisis situations, including congressional hearings, federal agency investigations, state attorneys general inquiries and General Accounting Office reviews. Among others, he represented Merck in its Vioxx litigation. He also negotiated a settlement with state attorneys general regarding the Countrywide Finance/Bank of America mortgage lending practices investigation, resulting in a creative loan modification program intended to help more than 400,000 families maintain ownership of their homes. He was named “Litigator of the Week” by The American Lawyer for his role in this case.
Mr. Beisner is a frequent writer and lecturer on class action and complex litigation issues. In 2013 he received the Burton Award for Legal Achievement, which recognizes excellence in legal scholarship. Mr. Beisner also has been an active participant in litigation reform initiatives before Congress, state legislatures and judicial committees. He has testified numerous times on class action and claims aggregation issues before the U.S. Senate and House Judiciary Committees (particularly with respect to the Class Action Fairness Act of 2005) and before state legislative committees. For his integral role in crafting the Class Action Fairness Act, Mr. Beisner was recognized with the 2011 Research and Policy Award by The U.S. Chamber Institute for Legal Reform.
Mr. Beisner repeatedly has been selected for inclusion, and is in the top tier, inChambers USA: America's Leading Lawyers for Business in the area of products liability, and he also is listed in The Best Lawyers in America, The Legal 500 U.S., Who’s Who Legal and Lawdragon 500 Leading Lawyers in America. Mr. Beisner was profiled in an article by The American Lawyer that named Skadden as a finalist in the products liability section of its Litigation Department of the Year contest (January 2012). He was named one of the 2013 “BTI Client Service All-Stars” by The BTI Consulting Group for providing outstanding client service. He also was named one of Law360’s MVPs of 2011 in the products liability category, which recognizes those who have raised the bar in corporate law throughout the year. Law360 also profiled Mr. Beisner in two articles that named Skadden as a “Product Liability Group Of The Year” and“Class Action Group Of The Year” for 2010.
A list of the numerous published federal and state court decisions in which Mr. Beisner has played a role is available on request.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Partner, Butler Snow LLP
Brian Jackson has 25 years of experience representing clients in drug and medical device litigation, healthcare litigation, and mass torts. His experience includes serving as national coordinating counsel, national science counsel, and trial counsel in drug and medical device cases. He is currently serving as Co-Lead Counsel in federal multidistrict litigation for a leading medical device manufacturer. He had extensive responsibilities in the Tylenol MDL and related state litigation, including serving as trial counsel in the past three years in a case tried in Atlantic City, NJ that resulted in a defense verdict that CVN named one of its “Top 10 Defense Verdicts of 2015,” and in a case tried in the United States District Court for the Central District of California that resulted in a favorable outcome. Brian earned his J.D. from Vanderbilt University, and serves as the Assistant Leader of Butler Snow’s Pharmaceutical, Medical Device & Healthcare Litigation Group.
Partner, Seeger Weiss LLP
Chris is a founding partner of Seeger Weiss and one of the nation’s leading attorneys in the areas of complex and mass tort actions. He has earned leadership appointments from state and federal courts throughout the U.S. in many noteworthy multi-district litigations, including pharmaceutical actions involving Vioxx, Zyprexa, Gadolinium, and DePuy ASR, among others. In 2012, the U.S. District Court for the Eastern District of Pennsylvania appointed Chris to lead the multi-district litigation against the National Football League arising out of concussion-related injuries sustained by thousands of former NFL players. In the face of significant legal challenges, he was able to negotiate an uncapped global settlement with an estimated value of over one billion dollars. In 2016, he was appointed to the Plaintiffs' Steering Committee for the MDL concerning the Volkswagen diesel emissions scandal, in the U.S. District Court, Northern District of California. Chris served on the Settlement Committee and was one of the lead negotiators of a $14.7 billion settlement which includes a massive buyback program for consumers and billions of dollars for environmental remediation. He was also appointed Plaintiffs' Co-Lead Counsel for the Testosterone Replacement Therapy litigation in the Northern District of Illinois; as Co-Lead Counsel in the Proton Pump Inhibitor multidistrict litigation in the U.S. District Court for the District of New Jersey; to the Executive and Settlement Committees for the National Prescription Opiate litigation in the Northern District of Ohio; to the Plaintiffs’ Settlement Committee, serving as Lead Negotiator, for the Syngenta GMO Corn litigation, resulting in a $1.5 billion nationwide settlement. Recent appointments include: Co-Lead Counsel in the 3M Combat Arms Earplug Products Liability Litigation, in the Northern District of Florida, where Chris represents thousands of U.S. military members who have suffered hearing loss and tinnitus; and Co-Lead Counsel in the Intel CPU Marketing, Sales Practices and Products Liability litigation in the District of Oregon. He is an elected member of the American Law Institute; a member of the Board of Advisors to the NYU School of Law, Center on Civil Justice; and serves on the Leadership Council to the Bolch Judicial Institute at Duke Law School.
Jonathan D. Selbin litigates consumer protection and defective products lawsuits as chair of Lieff Cabraser’s Economic Injury Product Defect Practice Group and member of the firm’s Executive Committee. He led a series of class actions under the Telephone Consumer Protection Act and developed the legal strategy responsible for the largest settlements in TCPA history. By 2016, the settlements resulted in the recovery of over $200 million dollars. Mr. Selbin is also a member of the inaugural Board of Counselors for Equal Justice Works, author of the certiorari opposition papers in the Whirlpool and Sears cases in the Supreme Court, and a 1993 magna cum laude graduate of Harvard Law School.
A partner in the Litigation Department, David M. Bernick is a renowned trial lawyer and strategist, having acted as lead trial counsel for major U.S. and international corporations in the chemical, tobacco, technology and life sciences industries for 35 years. His experience spans complex class action and other aggregated litigation, mass torts and product liability, antitrust and competition, business restructuring and reorganization, mergers and acquisitions, corporate governance, securities and criminal environmental litigation. In 2016, Mr. Bernick was named the winner in the “Litigation: Business Trial Lawyers” category of the 2016 Chambers USA Awards. Bernick has a Masters from Yale, and graduated from the University of Chicago Law School.
Judge Robreno received a B.A. in History from Westfield State University, an M.S. in Labor Studies from the University of Massachusetts at Amherst, Massachusetts, and a J.D. from Rutgers Law School at Camden, New Jersey, where he served as articles editor of the law review. He was in private practice in Philadelphia, Pennsylvania from 1981-1992. At the time of his induction to the bench he was a partner in a large Philadelphia law firm. From 1978-1981, he served as a trial attorney for the United States Department of Justice Antitrust Division and Special Assistant U.S. Attorney. Throughout his nearly twenty five years judicial career, Judge Robreno has carried a full docket of civil and criminal cases. He is the author of over 1800 judicial opinions. Since 2008, Judge Robreno has presided over MDL-875 personal injury asbestos litigation, the largest multi-district litigation in the federal courts where he has been praised for resolving over 180,000 cases consisting of some 10 million claims. During his judicial career, in addition to his assignment as a District Judge in the Eastern District of Pennsylvania, he has sat by designation with the Court of Appeals for the Third Circuit, and Eleventh Circuit, the Ninth Circuit and the District Courts in New Jersey, Delaware and Western District of Pennsylvania. He is currently sitting by designation in the District of Delaware.
Partner, Seeger Weiss LLP
Chris is a founding partner of Seeger Weiss and one of the nation’s leading attorneys in the areas of complex and mass tort actions. He has earned leadership appointments from state and federal courts throughout the U.S. in many noteworthy multi-district litigations, including pharmaceutical actions involving Vioxx, Zyprexa, Gadolinium, and DePuy ASR, among others. In 2012, the U.S. District Court for the Eastern District of Pennsylvania appointed Chris to lead the multi-district litigation against the National Football League arising out of concussion-related injuries sustained by thousands of former NFL players. In the face of significant legal challenges, he was able to negotiate an uncapped global settlement with an estimated value of over one billion dollars. In 2016, he was appointed to the Plaintiffs' Steering Committee for the MDL concerning the Volkswagen diesel emissions scandal, in the U.S. District Court, Northern District of California. Chris served on the Settlement Committee and was one of the lead negotiators of a $14.7 billion settlement which includes a massive buyback program for consumers and billions of dollars for environmental remediation. He was also appointed Plaintiffs' Co-Lead Counsel for the Testosterone Replacement Therapy litigation in the Northern District of Illinois; as Co-Lead Counsel in the Proton Pump Inhibitor multidistrict litigation in the U.S. District Court for the District of New Jersey; to the Executive and Settlement Committees for the National Prescription Opiate litigation in the Northern District of Ohio; to the Plaintiffs’ Settlement Committee, serving as Lead Negotiator, for the Syngenta GMO Corn litigation, resulting in a $1.5 billion nationwide settlement. Recent appointments include: Co-Lead Counsel in the 3M Combat Arms Earplug Products Liability Litigation, in the Northern District of Florida, where Chris represents thousands of U.S. military members who have suffered hearing loss and tinnitus; and Co-Lead Counsel in the Intel CPU Marketing, Sales Practices and Products Liability litigation in the District of Oregon. He is an elected member of the American Law Institute; a member of the Board of Advisors to the NYU School of Law, Center on Civil Justice; and serves on the Leadership Council to the Bolch Judicial Institute at Duke Law School.
Counsel in the Complex Commercial Litigation department at McGuireWoods LLP. Co-author of The Class Action Playbook (Oxford Univ. Press 2010). Blogs at the Class Action Countermeasures blog at classactioncountermeasures.com.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Ms. Malini Moorthy has been Head of the Litigation Department of Bayer Corporation since July 30, 2014. When she left Pfizer Inc., Ms. Moorthy spent many years as a litigation associate at law firms in the United States and Canada, including the New York office of Salans, and Genest Murray Desbrisay Lamek and McCarthy Tetrault, both in Toronto. Before beginning her corporate law career, Ms. Moorthy served as Executive Director of Free the Children in Toronto, an international children’s organization dedicated to ending the exploitation of children and empowering them through leadership development and training. Ms. Moorthy serves as the chair of the Advisory Council of the Duke Law Distinguished Lawyers Series and is on the Board of Directors of the National Center for Law and Economic Justice. She received her bachelor’s degree with honors in political science and economics from the University of North Carolina at Chapel Hill, where she was a Morehead Scholar, and her law degree from Queen’s University in Ontario, Canada, where she was the editor of the Queen’s Law Review.
Tim has had a multifaceted and storied career. For many years, Tim was a national trial lawyer with the firm of Shook, Hardy and Bacon. He handled mass tort cases for pharmaceutical, medical device and chemical companies. Tim was lead counsel in a number of high-profile trials for clients around the country and served as lead counsel in a medical device MDL. While in private practice, he was named a Leading National Products Liability Lawyer by Chambers USA, one of the Top 500 Litigators in America by Lawdragon, and one of the Best Lawyers in America. Tim taught at the National Institute for Trial Advocacy for many years and was a frequent speaker on legal topics, trial tactics and litigation strategy.
In 2008, Tim was recruited to become General Counsel and Corporate Secretary of Boston Scientific, a multinational medical device company. While there, Tim served on the Company's Executive Committee and was responsible for worldwide management of the company's Legal organization, Global Compliance, Government Affairs, Aviation, Global Security and other functions. He was also heavily involved in diversity and inclusion initiatives, the Boston Scientific Leadership Academy and innovative outside counsel management initiatives. Over his years at Boston Scientific, Tim was repeatedly awarded for his performance. In 2013, he was recognized by The Legal 500 and named to the "Corporate Counsel 100" list, which identifies the top most powerful corporate legal advisers in the United States. In 2016 he was honored by The Burton Awards as a “Legend in Law.” In 2016, he was flattered to receive the Valued Ally Award from Diversity Best Practices for his work in advancing diversity and inclusion.
Tim's work and influence is not limited to his work at Shook, Hardy and Boston Scientific. He has also worked with a number of organizations. Tim was on the Board and Executive Committee of AdvaMed, the trade association for the medical device industry. He is active in the prestigious and invitation-only Federation of Defense & Corporate Counsel (FDCC), where he served as President and Chairman. He currently serves as President of Lawyers for Civil Justice (LCJ), a group interested in improving the civil justice system in the United States. He had been a member of the boards for DRI and the New England Legal Foundation.
Managing Director, Berkeley Research Group
Dan Troy is Managing Director and an expert witness on FDA matters at Berkeley Research Group. Previously he served as Chief Counsel of the US Food and Drug Administration and General Counsel of GlaxoSmithKline PLC.
Partner, Hogan Lovells
Robert S. Bennett is a former federal prosecutor and a leading member of the defense bar. Bob is renowned in his field as an exceptional trial lawyer who has handled numerous high-profile cases and has represented corporations and individuals, including corporate directors and officers, in criminal, civil, SEC enforcement, and congressional matters. Bob has been listed repeatedly in various publications as one of the nation's most influential and successful litigators.
Bob regularly represents large companies in high-profile criminal investigations and complex civil actions, such as Enron, HealthSouth, KPMG, and BNP Paribas.
He also represents individuals in high-profile matters and has successfully represented two former Secretaries of Defense, Clark Clifford (Democrat) and Caspar Weinberger (Republican). He was President Clinton's personal lawyer in the Paula Jones case, and he represented New York Times reporter Judith Miller in the CIA leak investigation.
His robust background includes representing clients before congressional committees. In 1981 and 1982, he served as a legal consultant to the United States Senate Committee on Foreign Relations regarding the appointment of Alexander M. Haig, Jr. as Secretary of State, and he has served as special counsel to the United States Senate Committee on Ethics in several major investigations.
Bob advises management, audit committees, and boards of directors on Sarbanes-Oxley matters, and he assists boards and audit committees in conducting internal investigations.
Bob has co-chaired several American Bar Association National Institute programs on the defense of corporations and their officers in parallel grand jury and administrative agency investigations. He has also written and lectured on complex criminal and civil matters, and crisis management issues.
Attorney, Public Citizen Litigation Group
Paul Alan Levy is an attorney with the Public Citizen Litigation Group, a public interest law firm that is a division of the consumer advocacy organization Public Citizen. Among the issues on which the group litigates are federal health and safety regulation, consumer litigation, open government, union democracy, separation of powers, and the First Amendment. PCLG litigates cases at all levels of the federal and state judiciaries and has a substantial practice before federal regulatory agencies.
After working as a law clerk to Honorable Wade H. McCree, Jr. (United States Court of Appeals, Sixth Circuit) and Special Assistant to Solicitor General McCree, Paul joined the Litigation Group in December 1977 to represent workers in rank-and-file labor law cases, largely representing dissident union members in cases involving union governance. He has been there ever since, with the exception of a one-year sabbatical when he taught at Cardozo Law School. Over the years, he also developed subspecialties in some arcane issues of federal procedure such as removal jurisdiction, and the representation of "lawyers in trouble" from sanctions, contempt findings and the like (these days, though, as a defense lawyer, he files sanctions motions). He also pioneered Public Citizen's work on federal preemption of state law claims and objecting to collusive class action settlements.
He has argued scores of cases in United States Court of Appeals (three en banc). Moreover, he has argued four cases in Supreme Court of the United States, as well as writing briefs for parties in seven other cases. One odd aspect of his Supreme Court practice is that each of these eleven cases was decided 9-0 – win or lose.
Paul has specialized more recently in free speech issues arising on the Internet. He has litigated cases in state and federal courts throughout the country about the identification of anonymous Internet speakers. His amicus curiae brief in Dendrite v. Doe, whose approach was adopted by New Jersey's Superior Court Appellate Division, has become the model for other cases. His Internet practice also includes the defense of trademark and copyright claims brought as a means of suppressing critical web sites. His cases in this area, such as Bosley Medical v. Kremer and Lamparello v. Falwell, have established the right to create internet “gripe" sites that include the trademark names of companies in their domain names and meta tags. In Smith v. Wal-Mart Stores and McCall v. National Security Agency, he defended the rights of parodists to make fun of Wal-Mart's trademarks and the seals of the NSA and Department of Homeland Security. In arguing against the issuance of prior restraints in Bank Julius Baer v. Wikileaks, he had the key insight that the case had been filed without subject matter jurisdiction. For several years, Paul chaired subcommittees (on domain name litigation or on keyword advertising) of the American Bar Association's Intellectual Property Section. He currently serves on the Legal Review Committee of the American Civil Liberties Union of the District of Columbia.
A description of his work in this area was published in the Washingtonian Magazine as “Paul Levy, the Web Bully's Worst Enemy." It is accessible at http://www.washingtonian.com/articles/people/paul-levy-the-web-bullys-worst-enemy/. His work was also recently described in Hill, Stars and Gripes: Legal challenges over online reviews seek to separate fact from fiction, ABA Journal (July 2016), available at http://www.abajournal.com/magazine/article/legal_challenges_over_online_reviews_seek_to_separate_fact_from_fiction.
Partner, Clare Locke LLP
Libby is one of the country’s most sought-after libel lawyers. She is a trusted counselor and fierce advocate for Fortune 100 companies and high-profile individuals facing existential reputational attacks from the national media and other influential publishers, achieving remarkable results for her clients both in and outside the courtroom. Court watchers have called her “as good as they get,” “aggressive and not afraid to litigate,” and someone who has the media savvy to handle high profile matters in the public eye.
After co-founding Clare Locke LLP in 2014, Libby rapidly rose to national prominence for a highly-publicized multi-million dollar trial victory against Rolling Stone magazine about a fabricated gang rape at a University of Virginia fraternity. In 2019, she was lead trial counsel and won a $26 million federal jury verdict on behalf of a successful North Carolina businessman who was defamed by a public company during a proxy fight. A commentator opined that “she was excellent in trial and she eviscerated the other side,” and the federal judge concluded that her vigorous cross-examination “exposed [Defendant’s] CEO as a non-credible witness.” A skilled appellate advocate and former federal circuit clerk, in 2019 Libby achieved a rare win against The New York Times on behalf of former Gov. Sarah Palin in the U.S. Court of Appeals for the Second Circuit arising out of a false and defamatory editorial. She is actively litigating matters against a variety of mainstream news outlets, including CNN and The New York Times.
Libby’s success in the courtroom gets her results in the newsroom. She regularly advises clients and their PR counsel in dealing with the national media in crisis situations, and some of her biggest wins are the false stories the public will never hear about. She has killed flawed articles, storylines, and broadcast segments in outlets including in The New York Times, The Washington Post, Vanity Fair, The National Enquirer, and on Bloomberg, CBS and The Dr. Oz Show. Libby has also vindicated her clients’ reputations by obtaining myriad retractions of false publications. Examples include securing a $3.375 million settlement and video apology from the Southern Poverty Law Center, a complete retraction of a Bloomberg podcast, a multi-article correction from The Chicago Tribune, and the removal of a paperback edition book from publication by Simon & Schuster.
Recognized as an expert in libel law and the First Amendment, Libby has been ranked as a Band 1 global defamation/reputation management provider in Chambers & Partners HNW directory every year since its inception in 2016, and a Band 1 First Amendment Litigator in Chambers & Partners USA in 2020. She has numerous national awards and accolades from the National Law Journal, including being named as one of D.C.’s 40 Under 40 in 2019. She is regularly asked to speak on issues involving the First Amendment, media, and reputation, including publishing multiple op-eds in The Wall Street Journal and appearing as a guest on Fox News, CNN, and ABC’s 20/20. Libby has also served as an adjunct professor at Georgetown University Law Center and George Washington University Law School.
Libby graduated from NYU’s College of Arts and Science with a degree in Politics and Economics, and she received her J.D. from Georgetown University Law Center. After law school, she clerked on the U.S. Court of Appeals for the Fifth Circuit, and then began her career in private practice at Kirkland & Ellis. Perhaps the accomplishment of which she is most proud, Libby is a mom of five. She lives in Alexandria, Virginia with her husband and law partner, Tom Clare, their children, and the world’s most spoiled Labrador Retriever, Gipper.
Judge, United States Court of Appeals, Fifth Circuit
Judge Smith was appointed U.S. Circuit Judge for the Fifth Circuit by President Reagan and entered on duty in January 1988. He attended public schools in Lubbock, Texas, and graduated from Yale University, receiving a B.A. in 1969 and a J.D. in 1972.
Judge Smith was a Law Clerk to U.S. District Judge Halbert Woodward, Northern District of Texas, 1972-1973; with the Houston law firm of Fulbright & Jaworski as an Associate, 1973-1981, and as Partner, 1981-1984; and as City Attorney, City of Houston, 1984-1988. He was Chairman, Civil Service Commission, City of Houston, 1982-1984; and a Director, Harris County Housing Authority, 1978-1980.
Judge Smith lives in Houston and is married to Mary Jane Smith and has four children: Ruth Ann, Clark, J.J., and Brandon. He formerly was Chair of the Advisory Committee on Federal Rules of Evidence of the Judicial Conference of the United States. He assists LexisNexis/Matthew Bender & Co. in periodic revisions of several chapters of Moore’s Federal Practice.
Dean and Professor of Law, Widener University Delaware School of Law
Rod Smolla is Dean and Professor of Law at the Delaware Law School of Widener University, in Wilmington, Delaware. He was previously the 11th President of Furman University, in Greenville, South Carolina, the Dean of the Law School at Washington and Lee University Law School, the Dean of the University of Richmond Law School, the Director of the Institute of Bill of Rights Law at the College of William and Mary, and Senior Fellow and Project Director of the Washington Annenberg Program of Northwestern University. He has also been a faculty member at the DePaul, University of Illinois, and University of Arkansas law schools, and a visiting professor at the Duke, University of Georgia, University of Indiana, Denver University, and University of Melbourne law schools. As an educator, he has been an advocate for experiential learning, including greater emphasis on helping law students develop skills relating to counseling, problem-solving, negotiation, drafting, advocacy, civic engagement, pro bono service, legal ethics, and professionalism. He has emphasized diversity and community outreach and important institutional missions in higher education and legal education.
Smolla is a nationally-known scholar on matters relating to constitutional law, civil rights, freedom of speech, and mass media, particularly matters relating to libel and privacy. He is the author of five multi-volume legal treatises, all published by Thomson Reuters, which are updated twice annually: Law of Defamation; Smolla and Nimmer on Freedom of Speech; Rights and Liabilities in Media Content, Internet, Broadcast, and Print; Federal Civil Rights Acts; and, Law of Lawyer Advertising. He is also author of The First Amendment: Freedom of Expression, Regulation of Mass Media, Freedom of Religion (Carolina Academic Press 1999) (a law school casebook); and co-author of Constitutional Law: Structure and Rights in Our Federal System (6th Edition, 2010, with Dean William Banks). He is the editor each year of the First Amendment Law Handbook, published annually by Thomson Reuters. He was also editor of The Copyright Law Anthology published by Thomson Reuters. He is also the author of may trade and university press books, including Suing the Press: Libel, the Media, and Power (Oxford University Press 1986) (won ABA Silver Gavel Award Certificate of Merit); Jerry Falwell v. Larry Flynt: The First Amendment on Trial (St. Martin's Press 1988); Free Speech in an Open Society (Alfred A. Knopf 1992) (winner of the William O. Douglas Award); Deliberate Intent: A Lawyer Tells the True Story of Murder by the Book (Crown Publishers 1999) (made into a television movie by FX, with Timothy Hutton playing the role of Rod Smolla); The Constitution Goes to College (New York University Press 2010). He was editor of A Year in the Life of the Supreme Court (Duke University Press 1995) (won ABA Civil Gavel Award). Smolla has published over 100 articles in law reviews and other publications.
Smolla has served as Chairman of the Association of American Law Schools Section on Defamation and Privacy Law, as Chairman of the Association of American Law Schools Section on Mass Communications Law, as a member of the American Bar Association Advisory Committee to the Forum on Mass Communications Law, and as a member of the First Amendment Advisory Board to the Media Institute, as the Director of the Annenberg Washington Program Libel Reform Project, and author of the Annenberg Libel Reform Report that emerged from the blue ribbon task force on that project. He served as a Director of the Media General Corporation, and as a Director of the American Arbitration Association. In 2011, he was appointed by Governor Nikki Haley to serve as a Commissioner on the South Carolina Commission of Higher Education, which included within its mission the oversight of all of South Carolina's public universities and colleges, and licensure and programmatic approval for all public and private educational programs within the state.
Smolla has been and remains an active litigator. He has participated as counsel or co-counsel in litigation matters in state and federal courts throughout the nation, and is a frequent advocate, having presented oral argument in numerous state and federal courts, including the Supreme Court of the United States.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
Race and Sex: Prime Movers of the Expansion of the Administrative State?
Rachel L. Brand, Gail L. Heriot, Peter Kirsanow, R. Shep Melnick, Theodore M. Shaw
2017 National Lawyers Convention
Advocates of limited government are sometimes accused of being blind to issues of race and...
Oil States v. Greene's: Patents and Private Property [SCOTUSbrief]
Brian Pandya
Short video featuring Brian Pandya
Is a patent private property or a public right? Brian Pandya, Partner at Wiley Rein...
Showcase Panel IV: Administrative Agencies and the Separation of Powers
Akhil Reed Amar, Philip A. Hamburger, John C. Harrison, Gary Lawson, Kevin C. Newsom, Kevin M. Stack
2017 National Lawyers Convention
This panel will examine the history of the emergence of the Administrative State and will...
The Administrative State and Its Discontents
Michael W. McConnell, A. Raymond Randolph, Stuart S. Taylor, Jonathan R. Turley, Michael Uhlmann
2017 National Lawyers Convention
How much leeway do agencies have in implementing federal law? What is the source of...
General Reform Ideas and Pending Legislation
Jaime Dodge, Maria J. Glover, Mary Nold Larimore, Francis E. McGovern, Kate Comerford Todd
Multidistrict Litigation (MDL) Conference
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although...
Trying Cases and Settlement
John H. Beisner, Jeffrey Bossert Clark, G. Brian Jackson, Christopher A. Seeger, Jonathan D. Selbin
Multidistrict Litigation (MDL) Conference
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although...
Eliminating Meritless Claims
David M. Bernick, Eduardo Robreno, Christopher A. Seeger, Andrew Trask
Multidistrict Litigation (MDL) Conference
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although...
Are MDLs working? An Assessment of Centralization
Brian T. Fitzpatrick, Malini Moorthy, Timothy A. Pratt, Daniel E. Troy
Multidistrict Litigation (MDL) Conference
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although...
The Power of the Presidential Pardon [POLICYbrief]
Robert S. Bennett
Short video featuring Robert Bennett
Why did Alexander Hamilton argue in favor of presidential pardons? What are the limits of...
The Future of Libel Law
Paul Alan Levy, Libby Locke, Jerry E. Smith, Rodney Smolla, Eugene Volokh
2017 National Lawyers Convention
Libel law leads two lives. Most famously, there is the life of presidential candidates and...