Partner, Gibson Dunn & Crutcher LLP
Theodore J. Boutrous, Jr. is a partner in the Los Angeles office of Gibson Dunn and one of the nation’s leading litigators. He is a member of the American Law Institute and a Fellow of the American Academy of Appellate Lawyers.
As The New York Times has noted, Mr. Boutrous has “a long history of pushing the courts and the public to see the bigger picture on heated issues.” The American Lawyer named Mr. Boutrous the 2019 “Litigator of the Year, Grand Prize Winner” and the Los Angeles and San Francisco Daily Journals in 2021 named him a “Top Lawyer of the Decade.” According to The National Law Journal, which in 2013 named him one of the “100 Most Influential Lawyers in America,” he “is known for his wise, strategic advice to clients in crisis and is a media law star.”
Mr. Boutrous has represented clients in federal and state appellate courts throughout the nation in a wide spectrum of cases, and he is currently serving as Co-Chair of the firm's First Amendment and Free Expression Practice Group. He has argued hundreds of appeals, including before the Supreme Court of the United States, 12 different federal circuit courts of appeals, and 12 different state supreme courts (including 14 arguments in the California Supreme Court), and he has led a multitude of other complex civil, constitutional and criminal matters. Mr. Boutrous has successfully persuaded courts to overturn some of the largest jury verdicts and class actions in history, and prevailed in many cutting-edge cases. In 2011, he successfully represented Walmart before the Supreme Court of the United States in the Dukes case, which unanimously reversed what had been the largest employment class action in history and established important standards governing class actions (Wal-Mart Stores, Inc. v. Dukes). In 2013, he successfully represented the prevailing party in obtaining a unanimous Supreme Court decision enforcing the Class Action Fairness Act (Standard Fire Insurance Co. v. Knowles). Also in 2013, Mr. Boutrous successfully represented plaintiffs in the Supreme Court in a case invalidating California’s prohibition on same-sex marriage, Proposition 8 (Hollingsworth v. Perry), in which he also served as one of the lead trial lawyers and architects of the legal strategy that led to this landmark victory. In 2018, Mr. Boutrous successfully represented CNN and its reporter Jim Acosta in bringing First Amendment and due process claims against then-President Donald Trump and other White House officials, forcing the White House to restore Mr. Acosta’s press credentials. “Litigators of the Week: Gibson Dunn’s Two Teds Score for the Free Press,” The AmLaw Litigation Daily (November 30, 2018). And in 2021, he secured a major victory for Hewlett-Packard Company when the California Court of Appeal affirmed a more than $3 billion verdict in HP’s long-running contract dispute with Oracle Corporation. “Litigators of the Week: Gibson Dunn Protects Its $3B Trial Win for HP Against Oracle on Appeal,” The AmLaw Litigation Daily (June 18, 2021).
As both a crisis management strategist and a seasoned appellate and media lawyer, Mr. Boutrous has extensive experience handling high-profile litigation, media relations and media legal issues. He routinely advises clients in planning how to respond, and in responding, to crises and other especially significant legal problems that attract the media spotlight.
Mr. Boutrous has also received the 2021 Freedom of the Press Award from the Reporters Committee for Freedom of the Press and the Distinguished Leadership Award from PEN America in 2019 for his leadership in advancing First Amendment rights and protecting freedom of expression. As The Hollywood Reporter noted in naming him to its 2022 “Power Lawyers” list, “When issues of free speech are in play, Boutrous is the attorney on speed dial.” Hollywood’s Top 100 Attorneys (March 2022). Mr. Boutrous was also named a “First Amendment Rights Trailblazer” by The National Law Journal in 2020.
Numerous profiles of Mr. Boutrous and his practice have appeared in the media. Prominent mentions include: “Mr. Boutrous, You Have 4 Minutes’: On Rebuttal With Ted Boutrous of Gibson Dunn,” The AmLaw Litigation Daily (August 25, 2022); “Litigator of the Week: How Gibson Dunn Helped Hit Print on Mary Trump’s Best-Seller,” The AmLaw Litigation Daily (July 17, 2020); “Litigation Department of the Year,” The American Lawyer (January 2020); “Litigator of the Week: Gibson Dunn’s Theodore Boutrous Jr. Scores Another Win for the Fourth Estate,”The AmLaw Litigation Daily (September 6, 2019); “Lawyer of the week: Theodore Boutrous Jr, attorney in White House press pass victory,” The Times of London (November 29, 2018); Ted Boutrous, CNN’s Champion, Is Fired Up,” Law.com (November 30, 2018); “Litigator of the Week: From Zero to Hero in Seven Days” The AmLaw Litigation Daily (April 27, 2017); “Litigator of the Week” The AmLaw Litigation Daily (September 8, 2016); “Practice Group Performs In Spotlight and Under Pressure,” Los Angeles and San Francisco Daily Journal (March 14, 2012); “Litigator of the Week,” The AmLaw Litigation Daily (June 23, 2011); “Lawyer of the Week,” The Times of London (June 30, 2011); “Appellate Lawyer of the Week,” National Law Journal (March 23, 2011); “Litigation Department of the Year,” The American Lawyer (January 2016); “Litigation Department of the Year,” The American Lawyer (January 2012); “Litigation Department of the Year,” The American Lawyer (January 2010); and “He’s a Hired Gun of the Highest Caliber,” The Los Angeles Times (June 24, 2007).
In 2025, The Daily Journal recognized Mr. Boutrous with its inaugural Distinguished Counsel award, which honors lawyers “whose consistent excellence and enduring influence in California’s legal community have earned them a place among the Top 100 lawyers for 15 years or more,” and has repeatedly named him to its list of “Top 100 Lawyers” and “Leading Commercial Litigators” in California for over two decades. The Hollywood Reporter, featuring him in Power Lawyers 2021: Hollywood’s Top 100 Attorneys, declared that “Boutrous is there when an industry’s future rides on a big argument.” He has been named a California “Litigation Star” in Benchmark Litigation, as well as a “National Practice Area Star.” Chambers USA ranks him as a leading lawyer in five different categories, describing him as “an absolute star,” with clients praising his skills as “an amazing orator” and his “incredible knack of picking the winning argument and his oral advocacy skills are peerless. He picks the right point in response to every question without even blinking.” The Legal 500 named Mr. Boutrous a “Leading Lawyer” for Supreme Court and Appellate litigation, calling him a “renowned advocate” and “the preeminent authority on punitive damages defenses in the U.S.” Lawdragon recognizes Mr. Boutrous as one of its distinguished "Lawdragon Legends," an honor reserved for those who have appeared in Lawdragon's guide at least ten times since its inception in 2005. Over the years, he has been named to the following Lawdragon lists: 500 Leading Litigators in America, Leading Global Litigators, 500 Leading Lawyers in America, 500 Leading Global Entertainment, Sports & Media Lawyers, 500 Global Leaders in Crisis Management, and 100 Leading AI & Tech Legal Advisors.
Mr. Boutrous is a frequent commentator on legal issues. His articles include: Spare the ‘Dreamers’ a Nightmare by According Them Due Process,” The Wall Street Journal (May 2, 2017); “Poor Children Need a New Brown v. Board of Education,” The Wall Street Journal (August 28, 2016); “A First Amendment Blind Spot,” The Wall Street Journal (May 27, 2014); “California Kids Go to Court to Demand a Good Education,” The Wall Street Journal (January 28, 2014); “A Radical Departure on Press Freedom,” The Wall Street Journal (May 23, 2013); “A Killer’s Notebook, a Reporter’s Rights,” The New York Times (April 9, 2013); and “Broadcast ‘Indecency’ on Trial,” The Wall Street Journal (January 17, 2012).
Mr. Boutrous is a member of the Steering Committee of the Reporters Committee for Freedom of the Press and was a recipient of its 2021 Freedom of the Press Awards. He also sits on the Advisory Board of the International Women’s Media Foundation, which named him its 2015 Leadership Honoree. In addition, he is a member of the Advisory Board of the United States Court of Appeals for the Ninth Circuit, which advises the Chief Judge on matters related to the effective administration of the courts in the Ninth Circuit.
Mr. Boutrous received his law degree, summa cum laude, from the University of San Diego School of Law in 1987, where he was Valedictorian and Editor-in-Chief of the San Diego Law Review.
Mr. Boutrous is admitted to practice in California, New York, and the District of Columbia.
Government Affairs Director, National Employment Law Project
Judy Conti, National Employment Law Project's government affairs director, joined NELP in 2007, after spending seven years as the co-founder and executive director of the D.C. Employment Justice Center, a legal service provider devoted to workplace justice in the D.C. metro.
Judy has years of experience lobbying on issues including raising the minimum wage, fair chance hiring, unemployment insurance, wage theft, immigration reform, and other issues involving turning low-wage work into good jobs with a pathway to the middle-class. In her time with NELP, Judy has made significant achievements in developing the organization’s presence in the Capitol, where she is committed to bringing the expertise and experience of NELP’s staff and allies to the halls of Congress and relevant Cabinet and Executive agencies. In early 2017, Judy played an instrumental role in guiding the coalition of workers’ rights and other advocates who ensured that fast-food CEO Andy Puzder would not become the next secretary of labor.
She has been widely recognized for her work, with awards from the American Bar Association, the Washington Area Women’s Foundation, the Hispanic Bar Association of D.C., William and Mary Law School, and DC Jobs with Justice.
In addition to her advocacy, Judy is a widely-respected media resource. She has appeared on C-Span’s Washington Journal, CNBC, MSNBC, Fox Business News, CBS News, the BBC, and many other television outlets, she has been widely quoted in the print media, and has written for The Hill, Fortune, and other outlets. Judy has also testified before Congress on numerous occasions, particularly regarding unemployment insurance, and regularly speaks at conferences and on panels addressing hot topics in labor and employment law.
Partner, O'Melveny & Myers LLP
Gregory Jacob is a partner in O’Melveny’s Washington, D.C. office. Greg Jacob represents financial services companies including banks, investment managers, health care payors, and insurers, as well as other employers, in class action and other litigation concerning ERISA and other labor and employment matters. A former Solicitor of Labor, Greg has extensive knowledge on a wide variety of labor and employment issues including ERISA, FLSA, OFCCP, and whistleblower law. He regularly litigates in federal courts throughout the country, defends clients against Department of Labor investigations, and provides counseling to plans and plan sponsors.
Prior to rejoining O’Melveny in 2021, Greg served as Counsel to Vice President Pence and Deputy Assistant to the President. He directly advised the Vice President on all legal issues relating to the Office of the Vice President, and advised the White House Coronavirus Task Force concerning the Defense Production Act and other legal issues related to bolstering the domestic supply chain.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
Partner, Holland & Knight LLP
Timothy Taylor is an employment and litigation partner with Holland & Knight LLP, where he was also previously an associate. He represents clients in federal courts and before federal agencies in a variety of disputes. He has special expertise in employment law, the Administrative Procedure Act, the False Claims Act, and appeals. Before rejoining Holland & Knight, Mr. Taylor served as the Deputy Solicitor of Labor. In that position, he oversaw a wide portfolio of litigation, enforcement, rulemaking, and legal counseling for the agency’s more than 450 attorneys. He previously served as the Department of Labor’s Chief of Staff, and in other senior policy positions in the Department. He also served as the employment counsel and as an investigative attorney for the Department of the Treasury’s Office of the Special Inspector General for Pandemic Recovery.
Mr. Taylor clerked for the Honorable Harris Hartz of the U.S. Court of Appeals for the Tenth Circuit and the Honorable Charles Lettow of the U.S. Court of Federal Claims. He graduated summa cum laude with a B.A. from Brigham Young University and cum laude with a J.D. from Harvard Law School, where he was an editor of the Harvard Law Review and the Harvard Journal of Law and Public Policy. He lives in Virginia with his wife and two children.
Judicial Law Clerk, U.S. District Court for the Southern District of Florida
Nitin is a recent graduate of Cornell Law School. Before his time in Ithaca, he majored in International Studies and Political Science at Johns Hopkins University and focused on power competition in South Asia during his graduate studies at the University of Oxford.
Associate Dean for Research Helen Strong Curry Chair in International Law Director, Cecil D. Branstetter Litigation & Dispute Resolution Program, Vanderbilt Law School
Ingrid Wuerth is a leading scholar of foreign affairs, public international law and transnational litigation. She joined Vanderbilt’s law faculty in 2007, was appointed director of the International Legal Studies Program in 2009, and was appointed director of the Branstetter Litigation & Dispute Resolution Program in 2018. She was named to the newly endowed Helen Strong Curry Chair in International Law in 2015. Professor Wuerth has served on the board of editors of the American Journal of International Law and on the State Department’s Advisory Committee on Public International Law. She is a member of the American Law Institute and was named as a Reporter for the Restatement (Fourth) of the Foreign Relations Law of the United States. She has received numerous honors and fellowships, including the Morehead Scholarship at the University of North Carolina at Chapel Hill, a Fulbright Senior Scholar award, the German Chancellor's Fellowship, election to the German Society of International Law, election to the Order of the Coif and many teaching awards. She clerked for Judge Jan E. DuBois in the Eastern District of Pennsylvania and for Judge Jane Roth on the U.S. Court of Appeals for the Third Circuit. The class of 2018 elected Professor Wuerth to give the commencement address. She is a contributing editor at Lawfare.
White Burkett Miller Professor of History and J. Wilson Newman Professor of Governance, University of Virginia
Philip Zelikow is the White Burkett Miller Professor of History and J. Wilson Newman Professor of Governance at the University of Virginia, where he has also served as dean of the Graduate School and director of the Miller Center of Public Affairs. His scholarly work has focused on critical episodes in American and world history.
He was a trial and appellate lawyer and then a career diplomat before taking academic positions at Harvard, then Virginia. Before and during his academic career, he has served at all levels of American government. His federal service during five administrations has included positions in the White House, State Department, and the Pentagon. His last full-time government position was as the Counselor of the Department of State, a deputy to Secretary Condoleezza Rice.
He directed a small and short-lived federal agency, the 9/11 Commission. He also directed an earlier bipartisan commission on election reform, chaired by former Presidents Carter and Ford, that led to successful passage of the Help America Vote Act of 2002. More recently he was managing director of “Rework America,” a landmark project on American economic opportunity in the digital age, organized by the Markle Foundation.
He is one of the few individuals ever to serve on the President’s Intelligence Advisory Boards for presidents of both parties, in the administrations of George W. Bush and Barack Obama. He has also been a member of the Defense Policy Board for Defense Secretary Ashton Carter and a member of the board of the Bill and Melinda Gates Foundation.
President and CEO, The Buckeye Institute
Robert Alt is the President and Chief Executive Officer of The Buckeye Institute where he has catalyzed exponential growth since he took the organization’s helm in 2012. He has since founded Buckeye’s renowned Economic Research Center and established its impactful Legal Center.
Alt is a distinguished scholar and attorney with particular expertise in legal policy, criminal justice, national security, and constitutional law. He previously worked for former U.S. Attorney General Edwin Meese III, regularly provides commentary on television and radio programs, and his writings have appeared in countless outlets.
In 2004, Alt spent five months in Iraq as an embedded war correspondent.
Alt has testified before Congress multiple times—including at the confirmation hearings for U.S. Supreme Court Justice Elena Kagan—the Federal Election Commission regarding matters of constitutional and administrative law, and numerous state legislatures.
Alt serves as an officer on the boards of The Philadelphia Society and the Federalist Society’s Columbus Lawyers Chapter. He taught national security law, criminal law, and legislation at Case Western Reserve University School of Law, as well as constitutional law and political parties and interest groups at Ashland University.
Alt earned his Doctor of Law degree from The University of Chicago Law School, where he was Symposium Editor and the winner of the Mulroy Prize for Excellence in Appellate Advocacy as well as research assistant to Professor Richard Epstein. Following law school, he clerked for Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit. Alt graduated with his Bachelor of Arts in philosophy and political science magna cum laude from Azusa Pacific University where he also won the Outstanding Senior Award in Political Science.
Alt is an accomplished high-altitude alpinist and endurance athlete who has successfully climbed 6.75 of the famed Seven Summits of the World including Mount Everest. He is the creator of PROFOUND CLIMBING™ and a frequent speaker across the country and around the world on legal and public policy topics as well as effective leadership, management, decision-making, and teamwork in contexts ranging from extraordinary life/death situations to ordinary professional/business settings.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Professor of Law, Belmont University College of Law
Don Cochran teaches Evidence, Trial Advocacy and Criminal Law courses. Prior to joining Belmont’s faculty, he served as the Presidentially appointed, Senate confirmed United States Attorney for the Middle District of Tennessee from September 2017 to February 2021. Prior to becoming U.S. Attorney, he was a law professor at Belmont University College of Law and the Cumberland School of Law in Birmingham, Alabama where he taught courses in criminal procedure, evidence, criminal law, and trial advocacy. From 1998 to 2002 Professor Cochran was an Assistant United States Attorney in the Northern District of Alabama. During that time, Professor Cochran prosecuted criminal cases involving white collar crimes, public corruption, and violent crimes, including successful prosecution of the final defendant charged with the historic 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama that killed four girls. Professor Cochran began his prosecutorial career in the District Attorney’s Office in Birmingham where he prosecuted homicides, sexual assaults, and other violent crimes. Professor Cochran clerked for Judge Julie E. Carnes of the United States District Court for the Northern District of Georgia and is a graduate of Vanderbilt University and Vanderbilt Law School.
Professor Cochran teaches Evidence Law, Trial Advocacy, and Criminal Law at Belmont Law.
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.
United States District Court Judge, Western District of Louisiana
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Sho Sato Professor of Law; Faculty Director, Center for Law, Energy, & the Environment, University of California, Berkeley
Dan Farber is the Sho Sato Professor of Law at the University of California, Berkeley. He is also the Co-Director of the Center for Law, Energy, and the Environment. Professor Farber serves on the editorial board of Foundation Press. He is a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute. He is the editor of Issues in Legal Scholarship.
Professor Farber is a graduate of the University of Illinois, where he earned his B.A., M.A., and J.D. degrees. He graduated, summa cum laude, from the College of Law, where he was the class valedictorian and served as Editor-in-Chief of the University of Illinois Law Review. After graduation from law school, he was a law clerk for Judge Philip W. Tone of the United States Court of Appeals for the Seventh Circuit and then for Justice John Paul Stevens of the Supreme Court of the United States. Professor Farber practiced law with Sidley & Austin, where he primarily worked on energy issues, before joining the University of Illinois College of Law faculty in 1978. He was a member of the University of Minnesota Law School faculty from1981 to 2002, where he was the McKnight Presidential Professor of Public Law. He also has been a Visiting Professor at the Stanford Law School, Harvard Law School, and the University of Chicago Law School.
Among Professor Farber’s eighteen books are RESEARCH HANDBOOK ON PUBLIC CHOICE AND PUBLIC LAW (Elgar 2010) (with A. O’Connell); JUDGMENT CALLS: POLITICS AND PRINCIPLE IN CONSTITUTIONAL LAW (Oxford University Press 2008) (with S. Sherry); RETAINED BY THE PEOPLE: THE “SILENT” NINTH AMENDMENT AND THE RIGHTS AMERICANS DON’T KNOW THEY HAVE (Basic Books 2007); and LINCOLN’S CONSTITUTION (University of Chicago Press 2003).
Assistant General Counsel, Office of General Counsel of the United States House of Representatives
Rachel Jankowski serves in the Office of General Counsel of the U.S. House of Representatives, representing the House, its Members, Officers, Committees, and staff on matters related to their official duties. Before joining the office, Rachel worked at Crowell & Moring LLP in Washington, D.C., where she represented clients in mass tort and complex commercial trial and appellate litigation, and in-house at Fidelity National Financial at their headquarters in Jacksonville, Florida. Rachel served as a law clerk to Judge Wendy Williams Berger of the U.S. District Court for the Middle District of Florida and Judge James J. Tancredi of the U.S. Bankruptcy Court for the District of Connecticut. She received her law degree from the University of Michigan Law School, where she litigated cases in the Civil-Criminal Litigation Clinic, including securing an acquittal for her client in a criminal assault trial. During law school, she interned for Deloitte in Detroit and for a non-profit organization in London. A proud Double Wolverine, she also received her Bachelor of Arts degree in Political Science and History from the University of Michigan.
United States Magistrate Judge, Eastern District of North Carolina
Robert T. Numbers, II serves as a United States Magistrate Judge in the United States District Court for the Eastern District of North Carolina.
Judge Numbers received degrees in Political Science and Economics, with honors, from Wake Forest University. After completing his undergraduate work, Judge Numbers obtained his law degree from the University of Notre Dame where he served on the Notre Dame Law Review.
Upon his graduation from law school, Judge Numbers joined the Winston-Salem office of a large, regional law firm. From 2005 until 2010, Judge Numbers’ practice focused on civil rights claims against local municipalities and government contractors. In 2010, Judge Numbers joined the firm’s Raleigh office and concentrated his practice on complex business litigation in state and federal courts.
Associate Professor of Law, Washington and Lee University School of Law
Alan M. Trammell teaches and writes primarily in the fields of civil procedure, federal courts, constitutional law, and conflict of laws. He is recognized as one of the leading authorities on universal injunctions and has been invited to present his research at numerous conferences, on podcasts, and in popular media. His scholarship has appeared in the Columbia Law Review, the Virginia Law Review, the Cornell Law Review, the Texas Law Review, and the Vanderbilt Law Review.
Before joining the W&L faculty in 2020, Professor Trammell taught as an Assistant Professor at the University of Arkansas (Fayetteville). He has also served as an Associate-in-Law at Columbia Law School and a Visiting Assistant Professor at Brooklyn Law School, where the student body selected him as Professor of the Year in 2014.
Professor Trammell earned his law degree from the University of Virginia where he was a Hardy Cross Dillard Scholar and served as Articles Development Editor of the Virginia Law Review. After graduation, he clerked for the Honorable Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit and the Honorable Theodor Meron of the International Criminal Tribunal for the former Yugoslavia in The Hague (Netherlands). He then spent three years as a litigation associate at the firm now known as Kellogg, Hansen, Todd, Figel & Frederick PLLC in Washington, D.C.
Before law school, he received a bachelor's degree from Wake Forest University and master's degrees from the London School of Economics & Political Science and Oxford University, where he studied as a Marshall Scholar.
Partner, Hunton Andrews Kurth LLP
Michael J. Edney is head of the white collar criminal defense practice at Hunton Andrews Kurth LLP and partner in its Washington office. He guides clients through all aspects of government regulation, criminal and regulatory investigations, and civil litigation.
Mr. Edney vigorously defends corporations and individuals facing government agency inquiries and prosecutorial threats. Mr. Edney has represented clients before the Department of Justice, the Department of the Treasury and its Office of Foreign Assets Control (OFAC), the Department of State, the Department of Commerce, the Department of Defense, the Department of Health and Human Services, the Securities and Exchange Commission (SEC), the Commodities Futures Trading Commission (CFTC), the National Security Agency (NSA), congressional committees, and other government entities. In 2014, for example, Mr. Edney successfully negotiated a resolution of what was then the largest non-bank trade sanctions investigation in United States history, along with a resolution of charges under the Foreign Corrupt Practices Act (FCPA).
When companies encounter allegations of wrongdoing, Mr. Edney has conducted many internal investigations on their behalf, while carefully avoiding disruption of the client's important business operations. He has worked extensively with the Audit Committees and senior management of public companies to determine how to comprehensively resolve suggestions of misconduct.
General Counsel and Chief Compliance Officer, Aristotle International
The Honorable David M. Mason is General Counsel and Chief Compliance Officer at Aristotle. He assists campaigns, PACs, and political parties in maximizing their effectiveness while complying with federal and state regulatory requirements.
Mr. Mason served as Commissioner and Chairman (2002 and 2008) of the Federal Election Commission from 1998 until 2008, a presidentially appointed, Senate-confirmed position.
President Reagan appointed Mason as Deputy Assistant Secretary of Defense (Legislative Affairs) where he was instrumental in working with Defense Secretary Frank Carlucci and Representative Dick Armey in securing passage of base closing legislation.
Commissioner Mason has testified before Congress over 20 times, addressed international conferences on elections and appeared in or wrote for scores of American print and broadcast media outlets. He is an honors graduate of Claremont McKenna College in Government, graduated with highest honors from Concord Law School and is a member of the California Bar.
Deputy General Counsel, Public Company Accounting Oversight Board
Connor Raso serves as acting deputy general counsel at the Public Company Accounting Oversight Board. He is a contributor to the Brookings' Series on Regulatory Process and Perspective as part of the Brookings Center on Regulation and Markets.
From 2014-2022 Mr. Raso Served as Special Senior Counsel at the U.S. Securities and Exchange Commission.
Senior Litigation Counsel, New Civil Liberties Alliance
Russell G. Ryan, a former assistant director of enforcement at the SEC, is now Senior Litigation Counsel at the New Civil Liberties Alliance.
Director, ENRD, Pacific Legal Foundation
Mark Miller is the Director of the Environment and Natural Resources practice group at Pacific Legal Foundation, where he leads the firm’s efforts to protect individuals and small businesses from government overreach in matters involving land and water, and its efforts to encourage America to better harness its abundant natural resources, including energy resources, minerals, timber, and grazing lands. Mark first joined PLF in 2014.
A seasoned appellate specialist, Mark has litigated several high-profile cases for PLF, including Weyerhaeuser v. United States Fish & Wildlife Service, U.S. Army Corps of Engineers v. Hawkes Co., and United States v. Robertson, all of them unanimous Supreme Court of the United States wins for property owners fighting federal overreach via the Clean Water Act and Endangered Species Act.
In 2020, Mark left PLF to serve as General Counsel and later Chief of Staff for then-South-Dakota Governor Kristi Noem. As Noem’s longest-serving chief of staff, he worked behind the scenes to advance limited government, cut red tape, defend individual rights, and promote free-market principles. In 2023, he returned home to PLF.
A frequent commentator and public speaker, Mark regularly appears in print, on radio and TV, and before legislative committees across the country. His commentary and work has been featured in The Wall Street Journal, CBS News, The View, CBN, and Fox News. He is a regular guest each Thursday morning on SiriusXM’s POTUS channel, offering insight on Supreme Court cases and trends.
Mark earned both his undergraduate and law degrees with honors from the University of Florida. He clerked for U.S. District Judge Henry Lee Adams, Jr., and Florida state appellate Judge Emerson R. Thompson, Jr.—two mentors who deepened his commitment to the Bill of Rights, especially the Fourth, Fifth, and Fourteenth Amendments.
Mark serves on the Board of Trustees for the University of Florida College of Law, and he is a member of the boards of directors for both Americans United for Life, the nation’s oldest pro-life non-profit law firm, and Farm of the Child USA, a nonprofit that supports an orphanage and school for children in need in Honduras called La Finca del Niño.
Attorney, Institute for Justice
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
One of Anya’s PIA cases—Gonzalez v. Trevino—was heard by the United States Supreme Court on March 20, 2024. She argued the case for the petitioner, with the goal of convincing the Justices that retaliatory arrests not involving on-the-spot decisions by police officers should be actionable under the First Amendment regardless of probable cause. The decision is expected in June.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Associate, Jones Day
Harry Graver works on appeals and motions practice, with a focus on federal overreach. He has argued multiple successful cases before the federal appellate courts. And he has briefed matters at all levels of the judiciary.
Before joining Jones Day in 2021, Harry served as a law clerk to Justice Brett M. Kavanaugh of the Supreme Court of the United States and to Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit. Harry graduated from Harvard Law School, where he received the Fay Diploma for being first in his class. He also serves as an adjunct professor at the Scalia Law School at George Mason University, teaching a course on the separation of powers.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
Vice President for Legal Affairs, Goldwater Institute
Senior Counsel, Chairman Brendan Carr, Federal Communications Commission
Danielle rejoins Commissioner Carr’s office following a year in the private sector where she led on state and local government relations matters for a nationwide telecommunications infrastructure provider. Before her first stint with Commissioner Carr’s office in 2021, Danielle was an Associate Attorney in the Washington, D.C., office of Wilkinson Barker Knauer. After attending the University of Virginia for her undergraduate degree, Danielle earned her J.D. cum laude from the Catholic University of America’s Columbus School of Law where she was Associate Editor of the Catholic University Law Review. She also earned a certificate from the Columbus School of Law’s Law & Technology Institute.
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.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Partner, Dechert LLP
Michael H. McGinley, Global Co-Chair of the Securities and Complex Litigation practice group at Dechert, focuses his practice on high-stakes litigation, specifically appellate and complex commercial matters. Mr. McGinley has experience representing clients at every level of the federal judiciary, as well as in numerous federal agencies and state courts. In early 2025, he argued three cases before the United States Supreme Court in a span of four months.
He has litigated a wide range of issues, including federal jurisdiction, Chevron deference, federalism, preemption, antitrust, arbitration, labor law, tort law, antidumping and trade-remedy disputes, securities and corporate law, contract rights, voting rights, free speech, religious freedom and many other constitutional issues. Mr. McGinley also regularly advises individual, corporate and government clients on strategic, criminal defense, and regulatory matters.
Prior to joining Dechert, Mr. McGinley served as Associate Counsel and Special Assistant to the President in the White House Counsel's Office, where his primary responsibilities included the review of major legislative and regulatory actions and the confirmation of judicial nominees, including Justice Gorsuch. During his time in the White House, Mr. McGinley worked closely with the Department of Justice, the Office of Management and Budget, a number of federal agencies, and various congressional committees. He also previously served as a law clerk to Justice Samuel A. Alito, Jr. of the Supreme Court of the United States and to then-Judge Neil M. Gorsuch, of the United States Court of Appeals for the Tenth Circuit.
Mr. McGinley has been ranked by Chambers USA in Band 1 for appellate litigation in Pennsylvania and recognized by The Legal 500 for his expertise in financial services litigation, general commercial disputes, and international litigation. He was named an “Appellate MVP of the Year” for 2025 by Law360, and his appellate victories helped earn Dechert a place on the National Law Journal’s “Appellate Hot List” in 2025. Mr. McGinley is named among the Financial Times’ Top 10 “Most Innovative Legal Practitioners in North America” as part of the FT’s Innovative Lawyers Awards 2025 for North America.
Mr. McGinley is an elected member of the American Law Institute. He was appointed by the President to the governing Council of the Administrative Conference of the United States, which is an independent agency charged with convening experts from the public and private sectors to recommend improvements to administrative process and procedure. He also serves as the Co-Chair of the American Bar Association’s Administrative Rulemaking Committee.
Assistant Attorney General, Civil Division, United States Department of Justice
Brett A. Shumate was sworn in as the Civil Division’s 36th Assistant Attorney General on June 11, 2025. He previously served in the Civil Division from 2017 to 2019 as the Deputy Assistant Attorney General for the Federal Programs Branch. Prior to rejoining the Department, Mr. Shumate was a partner at Jones Day in Washington, D.C.
Mr. Shumate clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit. He graduated from Wake Forest University School of Law and Furman University.
Deputy Secretary of Agriculture, U.S. Department of Agriculture
Judge Stephen Alexander Vaden was appointed as the Deputy Secretary of the U.S. Department of Agriculture on July 7, 2025. Alongside Secretary Brooke L. Rollins, Deputy Secretary Vaden leads the Department’s operations and implements policies that support America’s food and farm systems. A native of Union City, Tennessee, Deputy Secretary Vaden brings expertise in agricultural policy, law, and rural development. Previously, he served as a judge on the U.S. Court of International Trade and as General Counsel of USDA. Throughout Deputy Secretary Vaden’s time as General Counsel, he led successful Supreme Court litigation, advanced regulatory reform, and supported the implementation of the 2018 Farm Bill. He is a graduate of Yale Law School and Vanderbilt University. A public servant with strong agricultural roots, Deputy Secretary Vaden is committed to revitalizing rural America and ensuring an abundant, affordable, and safe U.S. food supply.
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Theodore J. Boutrous
Since 2017, more than thirty states, counties, and municipalities have filed lawsuits against energy producers...
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Robert Alt, Andrew Grossman
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Breakout Panel 4 - Is Humphrey’s Executor Still Relevant?
Jenn L. Mascott, Michael McGinley, Jed Shugerman, Brett Shumate, Stephen Alexander Vaden
ERBXII
Earlier this year Judge Jones and Judge Willett released dueling opinions on the applicability of...