Partner, Gibson, Dunn & Crutcher LLP
Matthew D. McGill is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Co-Chair of the firm’s Judgment and Arbitral Award Enforcement and Betting and Gaming practice groups. He also is a member of the firm’s Appellate and Constitutional Law and Sports Law practice groups.
A three-time “Litigator of the Week” (The AmLaw Litigation Daily) Mr. McGill has been ranked by Chambers USA in Nationwide Appellate Law and recognized by The National Law Journal as a “Litigation Trailblazer” for his pioneering work enforcing judgments against foreign sovereigns. In 2020, he successfully negotiated a $335 million resolution of terrorism claims against the Republic of Sudan arising from the 1998 bombings of the U.S. Embassies in Kenya and Tanzania. Previously, he successfully resolved NML Capital’s multi-billion dollar claims against the Republic of Argentina after what the Financial Times called “the trial of the century in sovereign debt restructuring.” He currently represents clients in public enforcement matters against the governments of the Democratic Republic of Congo, Iran, Pakistan, Spain, and Venezuela.
An accomplished appellate advocate, Mr. McGill has participated in 23 cases before the Supreme Court of the United States, prevailing in 17, including several high-profile triumphs over foreign sovereigns:
Opati v. Republic of Sudan (2020) – Mr. McGill successfully argued before the Supreme Court on behalf of victims of the 1998 bombings of the U.S. Embassies in Kenya and Tanzania and secured a ruling that “unanimously reinstated as much as $4.3 billion in punitive damages awarded against Sudan” (New York Times) setting the stage for the resolution of the Embassy bombing claims and the United States’ delisting of Sudan as a state-sponsor of terrorism.
Puerto Rico v. Franklin California Tax-Free Trust (2016) – Arguing before the Supreme Court on behalf of creditors that found themselves on the leading edge of Puerto Rico’s debt crisis, Mr. McGill successfully defended an injunction invalidating Puerto Rico’s emergency municipal bankruptcy legislation. The ruling protected bondholders against the “chance that the territory could write its own bankruptcy plan” (Wall Street Journal) and ensured that Congress would retain control over Puerto Rico’s fiscal rescue.
Bank Markazi v. Peterson (2016) – In this important separation-of-powers case, Mr. McGill represented victims of the 1983 Beirut Marine Corps Barracks Bombing who hold judgments against Iran. Ruling in favor of the Beirut Marines, the Supreme Court rejected arguments from Iran’s central bank that Congress had impermissibly invaded the province of the Judicial Branch by authorizing victims of terrorism to seize certain central bank assets. The ruling allowed nearly $2 billion to be distributed to Iran’s victims.
Argentina v. NML Capital, Ltd. (2014) – The Supreme Court’s decision in this case confirmed the availability of broad discovery to enforce judgments against foreign sovereigns, empowering creditors to seek information concerning the debtor nation’s assets anywhere in the world.
At the intersection of sports and gaming, Mr. McGill led the effort of the Governor of New Jersey to legalize sports wagering in the Garden State, culminating in the Supreme Court’s “historic decision” (Sports Illustrated) in Murphy v. NCAA that struck down the federal law that had prohibited states other than Nevada from legalizing sports betting. By establishing that the federal government has no power to “dictate[] what a state legislature may and may not do,” this “landmark ruling” (USA Today) safeguards the power of States to govern themselves and cleared the path for States across the country to legalize sports wagering.
Later, when the U.S. government announced in 2019 that it was abandoning its longstanding position that the Wire Act of 1961 prohibits only certain forms of sports wagering, Mr. McGill led the legal challenge to the new government policy. Representing the technology provider for the internet-based operations of the New Hampshire Lottery, Mr. McGill secured a judgment that the Wire Act covered only sports betting, and successfully defended that judgment on appeal. The ruling safeguarded “the entire online gambling industry as well as multi-state lotteries such as Powerball” (Am Law Litigation Daily) from an arbitrary change in government policy. For his work toward legalizing sports wagering and confining the Wire Act to its intended scope, Mr. McGill has been recognized by Law360 as a Sports Law “MVP” and “2020 Sports & Entertainment Trailblazer” by The National Law Journal.
Mr. McGill also maintains an active pro bono practice. He currently represents three adoptive couples in a constitutional challenge to the Indian Child Welfare Act, and he represents persons born in American Samoa in their constitutional challenge to a federal statute that designates them “non-citizen nationals.”
Prior to joining Gibson Dunn, Mr. McGill served as a Bristow Fellow in the Office of the Solicitor General at the U.S. Department of Justice. He clerked for the Hon. Joseph M. McLaughlin of the U.S. Court of Appeals for the Second Circuit and the Hon. John G. Roberts, Jr. of the U.S. Court of Appeals for the D.C. Circuit.
Mr. McGill earned a Bachelor of Arts degree, magna cum laude, from Dartmouth College in 1996. In 2000, he graduated from Stanford Law School, where he was elected to the Order of the Coif.
Mr. McGill is licensed to practice in New York and the District of Columbia and he has been admitted to practice before the Supreme Court of the United States, the United States Courts of Appeals for the First, Second, Third, Fourth, Fifth, Ninth, Tenth, Eleventh, District of Columbia, and Federal Circuits, and the United States District Courts for the District of Columbia and the Southern District of New York.
Denver Managing Partner, Wilkinson Barker Knauer LLP
Raymond L. Gifford counsels communications, electric and gas utilities, and information technology companies on state and federal aspects of regulation, administrative law, and competition policy. He is an expert in public utilities law, and the law and economics of regulation of network industries. Mr. Gifford’s law and policy work focuses on the convergence of broadband communications and energy, as well as environmental policy as it applies to the electric industry. He represents clients in state and federal courts and agencies, and serves as an expert witness on utility regulation and its history. He is also a Senior Adjunct Fellow at the Silicon Flatirons Center for Law, Technology and Entrepreneurship, and Co-Directs the Institute for Regulatory Law & Economics at University of Colorado Law School.
Mr. Gifford served as Chairman of the Colorado Public Utilities Commission from 1999-2003. Following that, he served as President of The Progress & Freedom Foundation, a Washington DC-based think-tank that studied the digital revolution as it relates to regulation of network industries. He entered the regulatory law world as First Assistant Attorney General in the Colorado Attorney General’s Office. He clerked for the Honorable Richard P. Matsch of the United States District Court for the District of Colorado. Mr. Gifford has authored a number of articles on communications law, public utility regulation and competition policy in network industries. He is a graduate of University of Chicago Law School and St. John’s College in Annapolis, Maryland. He is an elected member of the American Law Institute
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Partner, Mayer Brown LLP
Marcia Madsen was Chair of the Government Contracts practice and co-chair of the National Security Practice at Mayer Brown. She represented contractors in regulatory, policy, transactional, litigation, and investigative matters involving virtually every federal agency. Her clients included defense contractors, information technology and systems integrators, telecommunications companies, engineering firms, insurers, and manufacturing companies. Ms. Madsen's practice included defense of False Claims Act matters, internal investigations, audits, bid protests, claims and disputes before administrative forums and in the federal courts. She was a former Chair of the American Bar Association Section of Public Contract Law and currently co-chairs the Section’s Procurement Fraud Committee. She also is a member of the Federalist Society Administrative Law and Regulation Executive Committee. In addition, Marcia was a member of the Court of Federal Claims Advisory Council - Emeritus, and a recipient of the Court's Golden Eagle award. She was a Past President of the Board of Contract Appeals Bar Association. She was appointed by the Executive Office of the President to chair the Section 1423 Panel which recommended revision of the acquisition laws. She spoke and wrote frequently on government contracts and litigation topics.
Georgetown University Law Center, LL.M., 1980
American University - Washington College of Law, J.D., 1976
University of Utah, B.A., 1972
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
General Counsel, Equal Employment Advisory Counsel
Rae T. Vann first joined the EEAC staff as counsel with the Washington, D.C. law firm of McGuiness, Norris & Williams, LLP in July 2000. Rae served as counsel to EEAC from July 2000 to December 2003, and in 2007 returned to the organization to as serve as EEAC’s general counsel. As general counsel, Ms. Vann supervises the preparation and filing of EEAC amicus curiae briefs in important EEO cases.
Prior to rejoining EEAC, Ms. Vann was associated with Shipman & Goodwin, LLP, a major Connecticut law firm, where she practiced Labor and Employment and School Law. She also worked for Chubb Specialty Insurance as an Employment Practices Liability (EPL) severity claims examiner.
Ms. Vann previously served as Special Counsel to the New Haven Board of Education, where she represented the Board in various matters, including state and federal employment discrimination claims, federal compliance reviews, termination proceedings, and labor disputes before the State Board of Mediation and Arbitration and the State Board of Labor Relations. Prior to that, Ms. Vann was an associate attorney with Hartford, Connecticutbased Updike, Kelly & Spellacy, representing clients in labor and employment litigation matters. She also provided in-house and external training on compliance with equal employment opportunity laws and responding to discrimination claims.
Ms. Vann began her career in the position of Staff Attorney for the Connecticut Commission on Human Rights and Opportunities (“CCHRO”), where she was involved in all aspects of the discrimination complaint investigation process, including pre-investigative review, expedited factfinding, full investigation, conciliation and mediation. During her tenure at CCHRO, Ms. Vann also provided training on diversity and discrimination complaint investigation methodology.
Ms. Vann received her B.S. in Policy and Management from Carnegie Mellon and her law degree from the University of Connecticut School of Law. She is admitted to practice law in the District of Columbia, the State of Connecticut, as well as before the U.S. Supreme Court and other federal appellate courts.
Professor of Law, Vanderbilt University Law School
Richard A. Nagareda, whose scholarship focuses on mass tort litigation, heads the law school's Cecil D. Branstetter Litigation & Dispute Resolution Program. Professor Nagareda's recent scholarship explores the impact of class action lawsuits on the pursuit of legal rights. In 2003, he was appointed as Associate Reporter for the American Law Institute project on Principles of the Law of Aggregate Litigation. He teaches courses on evidence and complex litigation and a year-long seminar for third-year students on the civil litigation system. Professor Nagareda previously taught on the faculty of the University of Georgia School of Law and as a visitor at the University of Texas School of Law. Before joining the academy, Professor Nagareda clerked for Judge Douglas H. Ginsburg, of the D.C. Circuit, and practiced in the Office of Legal Counsel of the United States Department of Justice and as an associate at Shea & Gardner in Washington, D.C. In 2002 he won the Hartman Award for Excellence in Teaching.
J.D. University of Chicago
A.B. Stanford University
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.
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.
Former Judge, United States Court of Appeals, Ninth Circuit
Judge Kozinski served as a United States Circuit Judge for the Ninth Circuit from November 1985 until December 2017. He served as Chief Judge from 2007 to 2014. He graduated from UCLA, receiving an A.B. degree in 1972, and from UCLA Law School, receiving a J.D. degree in 1975.
Prior to his appointment to the appellate bench, Judge Kozinski served as Chief Judge of the United States Claims Court, 1982-85; Special Counsel, Merit Systems Protection Board, 1981-82; Assistant Counsel, Office of Counsel to the President, 1981; Deputy Legal Counsel, Office of President-Elect Reagan, 1980-81; Attorney, Covington & Burling, 1979-81; Attorney, Forry Golbert Singer & Gelles, 1977-79; Law Clerk to Chief Justice Warren E. Burger, 1976-77; and Law Clerk to Circuit Judge Anthony M. Kennedy, 1975-76.
Judge Kozinski is married to Marcy Jane Tiffany and has three children: Yale, Wyatt and Clayton, and three grandchildren: Quinn, Owen and Anna.
U.S. Court of Appeals, Ninth Circuit
Stephen Roy Reinhardt is a federal appeals judge with the United States Court of Appeals for the Ninth Circuit in San Francisco. He joined the Court in 1980 after being nominated by President Jimmy Carter.
Born in New York City, New York, Reinhardt graduated from Pomona College with his Bachelor's degree in 1951 and later received a Bachelors of Laws degree, LL.B, from Yale Law School in 1954. Reinhardt served in the U.S. Air Force from 1954 to 1956 before becoming a law clerk for the Honorable Luther Youngdahl in the United States District Court for the District of Columbia until 1957. Reinhardt was a private practice attorney in the State of California from 1957 to 1980. Reinhardt was nominated to the United States Court of Appeals for the Ninth Circuit by President Jimmy Carter on November 30, 1979, to a new seat created by 92 Stat. 1629, which was approved by Congress. Reinhardt was confirmed by the U.S. Senate on September 11, 1980 and received commission on September 11, 1980.
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).
Principal, Morgan Lewis Consulting; Of Counsel, Morgan, Lewis & Bockius LLP; and Former California Governor
Pete Wilson’s more than 30 years of dedicated public service as governor of California, US senator, mayor of San Diego, and California state assemblyman uniquely equip him to counsel and negotiate for clients at all levels of today’s activist regulatory environment. His deep knowledge of policies, people, and processes of government make him an ideal and effective advocate for Morgan Lewis Consulting’s philosophy that today’s successful business must understand and be understood and respected by governments — not only in Washington, DC — but on a state-by-state basis.
As governor of California from 1991 to 1999, Pete is credited with leading California from the depths of recession to prosperous economic recovery. Insisting on strict budget discipline and rehabilitation of the state’s then-hostile environment toward investment and job creation, Pete provided for market-based unsubsidized health coverage for employees of small businesses and obtained anti-fraud measures that drove down workers’ compensation premiums by 40 percent. Under his leadership, California also enacted sweeping welfare reforms and historic education reforms.
After leaving office, Pete spent two years as a managing director of Pacific Capital Group, a merchant bank based in Los Angeles. He serves as a director of the Irvine Company, U.S. Telepacific Corporation Inc., and National Information Consortium Inc. He has also served as a director of IDT Entertainment and as a member of the board of advisers of Thomas Weisel Partners, a San Francisco merchant bank. He was chairman of the Japan Task Force of the Pacific Council on International Policy, which produced an analysis of Japanese economic and national security prospects over the next decade titled “Can Japan Come Back?”
SCOTUScast 3-5-08 featuring Matt McGill
Matthew McGill
New York State Board of Elections v. Lopez Torres
On January 16, 2008, the Court decided the case of New York State Board of...
SCOTUScast 3-3-08 featuring Ray Gifford
Raymond L. Gifford
Morgan Stanley Capital v. Public Utility District
On February 19, 2008 the Supreme Court heard oral argument in Morgan Stanley Capital v....
Will the Missouri Supreme Court Order $1 Billion for Public School Financing?
Publius
A 1993 Missouri trial court ruling forced the largest tax increase is Missouri history, $310...
Merit Selection and School Reform
Publius
An analysis of the correlation between the “Missouri Plan” for selecting judges and litigation decisions regarding school financing and school choice.
Few areas of law are the source of more contentious litigation than education cases, particularly...
SCOTUScast 2-27-08 featuring Marcia Madsen
Marcia G. Madsen
Allison Engine Co. v. the United States
On February 26, 2008 the Supreme Court heard oral argument on a case involving the...
SCOTUScast 2-28-08 featuring Ted Frank
Theodore "Ted" Frank
Exxon v. Baker
On February 27, 2008 the Supreme Court heard oral argument on Exxon v. Baker, a...
SCOTUScast 2-26-08 featuring Rae Vann
Rae T. Vann
CBOCS West v. Humphries
On February 20, 2008 the Supreme Court heard oral argument in CBOCS West v. Humphries,...
SCOTUScast 2-26-08 featuring Richard Nagareda
Richard A. Nagareda
Riegel v. Medtronic
On February 20, 2008 the Supreme Court decided Riegel v. Medtronic. In Riegel, the Court...
A Report on Reauthorization of the Tennessee Plan
Brian T. Fitzpatrick
In June of 2008, some of the operative provisions of Tennessee’s method of selecting appellate...
Panel III: The Courts and the Legislature vs. the People: Who is in Charge?
Gail L. Heriot, Alex Kozinski, Stephen Reinhardt, Arnie Steinberg, Eugene Volokh, Pete Wilson
Second Annual Western Conference
The Federalist Society presented this panel during the Second Annual Western Conference at The Ronald...