Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Partner, Jones Day
Professor of Law, Georgetown University Law Center
Eloise Pasachoff is Professor of Law, Anne Fleming Research Professor, and Associate Dean for Careers at the Georgetown University Law Center, where she specializes in the administrative law of federal funding. An award-winning teacher and scholar, she is a public member of the Administrative Conference of the United States and serves on the Academic Advisory Board of the Supreme Court Fellows program. She is a former law clerk to Justice Sotomayor (Supreme Court), Judge Robert A. Katzmann (Second Circuit), and Judge Jed S. Rakoff (Southern District of New York).
Partner, Sidley Austin LLP
Virginia Seitz is a partner in Sidley Austin’s Supreme Court and Appellate practice. On behalf of a wide range of clients, she has handled cases in the United States Supreme Court, in virtually all federal courts of appeals, and in state appellate courts. Virginia was counsel of record on the amicus brief on behalf of retired military officers in Grutter v. Bollinger, 539 U.S. 306 (2003), and Gratz v. Bollinger, 539 U.S. 244 (2003), which the Supreme Court cited at oral argument and in its opinion and which the New York Times piece noted “may have been the most influential amicus brief in the history of the Supreme Court.” She has handled an array of district court litigation involving important constitutional and federal law issues, including the Appropriations and Supremacy Clauses of the Constitution, the First Amendment, Title IX, Title VII, the Anti-Deficiency Act, ERISA, and federal labor laws.
Virginia returned to Sidley in 2014 after serving in the Senate-confirmed position of Assistant Attorney General for the Office of Legal Counsel in the Department of Justice. She was the first woman to be confirmed to that position. As the leader of that Office, Virginia was responsible for providing legal advice to the President and Executive Branch departments and agencies on issues of particular difficulty and importance. Virginia previously served as an appointee of the Chief Justice on the Advisory Committee on Civil Rules. In January 2017, she was elected to the American Law Institute. Earlier in her career, Virginia was confirmed by the Senate to the first Board of Directors of the Congressional Office of Compliance and served from May 1995 to 2000. Virginia has been recognized for her Appellate Law practice by Chambers USA, in The Legal 500 US in Litigation: Supreme Court and Appellate, and in The Best Lawyers in America.
Virginia clerked at the Supreme Court for Justice William J. Brennan, Jr., and before that for Judge Harry T. Edwards of the D.C. Circuit. She is a graduate of University at Buffalo Law School, received her M.A. from Oxford University where she was a Rhodes Scholar, and received her B.A. from Duke University, summa cum laude with distinction.
Partner, McGuireWoods LLP
Farnaz is a skilled litigator with extensive experience in representing employers and institutions of higher education, including academic medical centers, in breach of contract, constitutional, discrimination, and tort litigation. She has conducted investigations, advised clients on employment and education laws, and represented them before federal agencies, including the U.S. Department of Labor and U.S. Department of Education.
Farnaz successfully has defended employers, state agencies, government officials, and institutions of higher education in over 30 civil actions as first chair before federal and state courts as well as trial and appellate courts. Farnaz also has advised clients on investigations under civil rights laws such as Title VI of the Civil Rights Act of 1964 (discrimination based on race, color, or national origin), Title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, and national origin), and Title IX of the Education Amendments of 1972 (discrimination based on sex). Her deep knowledge of education laws and regulations includes the Higher Education Act of 1965, as amended; accreditation; borrower defense to repayment; gainful employment; financial responsibility standards; FERPA and other privacy laws; the Clery Act; and the Violence Against Women Act (VAWA).
Farnaz is experienced with student and employee disciplinary issues, including under Title IX, and has represented institutions in such matters in several of her previous roles. Representing institutions in Title IX cases requires a nuanced approach, as the institution must balance legal compliance with compassion and care, supporting victims while providing a fair process for both parties, including the accused. Farnaz strikes this balance and is a trusted resource for her clients.
Prior to joining McGuireWoods, Farnaz served as the Deputy General Counsel for Postsecondary Education at the U.S. Department of Education and also as in-house counsel at the University of Virginia. She advised the U.S. Department of Education on litigation strategy and worked closely with the U.S. Department of Justice in cases arising under federal antidiscrimination laws and the Administrative Procedure Act. Government officials also relied on her close counsel in preparation for congressional investigations and hearings. At the University of Virginia, she advised University officials on federal education and employment laws and represented the University and its academic medical center in litigation. She also drafted the University’s antidiscrimination and conduct policies, including free speech policies.
She began her legal career as a law clerk to the Honorable Eric G. Bruggink, Senior Judge, U.S. Court of Federal Claims, and later as a law clerk to the Honorable Leroy Rountree Hassell, Sr., the former Chief Justice, Supreme Court of Virginia.
Is Faithful Execution being Devoured By Factional Execution?
Steven J. Menashi, Hashim M. Mooppan, Eloise Pasachoff, Virginia Seitz, Farnaz F. Thompson
Administrative Law & Regulation Practice Group
Abrupt and complete reversals of position from one Administration to the next, whether by Executive...