Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Associate, Wheeler Trigg O'Donnell LLP
Daniel Nightingale is an appellate attorney at a law firm in Denver. He specializes in high-stakes appeals and commercial litigation nationwide, helping clients navigate challenging cases on appeal and through major motions practice. Dan has briefed and argued cases in courts across the country, including the U.S. Supreme Court and several federal circuit courts. In addition to his appellate practice, Dan also regularly supports trial teams with high level strategy, pre- and post-trial briefing, and complex legal analysis. He has a vibrant pro bono practice as well, which focuses on free speech and life issues.
Before entering private practice, Dan clerked for then-Justice Allison Eid of the Colorado Supreme Court and Judge Joseph Bianco then of the Eastern District of New York. He graduated with honors from the University of Chicago Law School.
Legal Counsel, Alliance Defending Freedom
Julia Payne serves as legal counsel for Alliance Defending Freedom’s Center for Life. In this role, she defends the sanctity of life by litigating both beginning and end of life issues.
Before joining ADF, Payne worked at the Office of the Indiana Attorney General as a deputy attorney general for five years. While at the AG’s office, she managed all of Indiana’s pro-life litigation and also worked on cases concerning immigration, religious liberty, federalism, the Commerce Clause, criminal procedure, federal habeas corpus procedures, civil asset forfeiture, local and special laws, and the common law powers of the attorney general. She has argued cases before the U.S. Court of Appeals for the 7th Circuit, the Southern District of Indiana, and Indiana state courts.
Payne graduated cum laude from Indiana University Maurer School of Law in 2017, where she served as an editor on the Indiana Law Journal and won best brief in the Sherman Minton Moot Court Competition. During law school, Payne interned as a clerk for Indiana Solicitor General Tom Fisher and as a Blackstone Fellow with ADF’s Center for Academic Freedom in Atlanta. She also served as president of the Christian Legal Society and as an officer for the Advocates for Life and the Federalist Society.
Before law school, Payne graduated summa cum laude from Western Kentucky University with a B.A. in History and a B.A. in Spanish. As an undergraduate, Payne studied abroad in both Spain and China. On campus, she served on the Student Government Association Judicial Council, led the music ministry for the Catholic Campus Center, and was an active member of Omega Phi Alpha Service Sorority. Payne was also a founding member of the Hilltoppers for Life, which helped spur her interest in First Amendment and pro-life issues. Payne is a member of the bars of the Indiana Supreme Court, the Northern and Southern Districts of Indiana, and the Seventh Circuit.
Solicitor, U.S. Department of Labor
Jonathan Berry is Solicitor at the U.S. Department of Labor, in service to President Trump’s agenda to put American workers first. He leads the Department’s lawyers in advising the Secretary and agency leadership on all aspects of law and in representing the Department in court. He was previously managing partner at Boyden Gray PLLC, where he provided strategic counsel and litigated on issues at the intersection of law, politics, and public policy. Earlier, he headed the regulatory office at Labor, and also served at the Department of Justice, in the first Trump Administration. Mr. Berry served as a law clerk to Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit, and to Associate Justice Samuel A. Alito, Jr., of the Supreme Court of the United States.
Founder & CEO, Edelson PC
Jay Edelson is the founder of Edelson PC. He is considered one of the nation’s leading plaintiff’s lawyers, with his firm having helped secure over $45 billion in settlements and verdicts on behalf of classes, individuals, and governmental entities. Law360 described Jay as a “Titan of the Plaintiff’s Bar.” Jay has been recognized as one of “America’s top trial lawyers” in the mass action arena. LawDragon named him one of the top Plaintiff Financial Lawyers in the country. He has been called “probably the best known, and most innovative, consumer privacy lawyer on the planet,” with he and his firm holding records for the largest trial verdict in a consumer privacy case ($925m), the largest consumer privacy settlement ($650m) and the largest TCPA settlement ($76m).
Jay has been appointed to represent state and local regulators on some of the largest issues of the day, ranging from opioids suits against pharmaceutical companies, to environmental actions against polluters, to breaches of trust against energy companies and for-profit hospitals, to privacy suits against Google, Facebook, and others.
Professor of Law, Rutgers Law School
Stacy Hawkins is a frequent writer and sought-after speaker on the issue of employment law and diversity. She’s served on the Philadelphia Diversity Law Group and the Pennsylvania Bar Association Commission on Women in the Profession Diversity Task Force. She worked as a senior labor and employment attorney and as the director of diversity for major law firms.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Partner, Gibson Dunn & Crutcher
Jason C. Schwartz is a litigation partner in the Washington, D.C. office of Gibson Dunn, co-chair of the Labor & Employment Practice Group, General Counsel of the law firm and a member of the firm’s Executive Committee. Jason was recognized as an MVP in employment law five times, awarded by Law360 to “attorneys whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law.” Law360 referred to Jason as “an expert dismantler of worker class actions.”
Jason is ranked in Band 1 in Labor & Employment by Chambers USA, which stated, “He is a whip-smart, results-oriented and zealous advocate who is really committed to the client. His judgment is impeccable.” According to Chambers USA, “[c]lients note: He’s an excellent litigator with a good sense of the client’s needs in a business environment. He’s just a pleasure to work with. He’s disciplined, a great writer and gets great results.” Jason has been recognized as a Top 20 Labor & Employment Litigator in the U.S. by Benchmark Litigation; on the Top 100 list of the Nation’s Most Powerful Employment Attorneys by Human Resource Executive magazine; as a Top Lawyer in Employment Defense by Washingtonian Magazine; as a Leading Lawyer in Labor & Employment Disputes by The Legal 500 US; by Lawdragon 500 Leading Corporate Employment Lawyers for Labor & Employment (Litigation); in The Best Lawyers in America in the Employment Law-Management category; as a Super Lawyer by Washington, D.C. Super Lawyers; and as an Am Law Litigation Daily “Litigator of the Week” for his win in an independent contractor misclassification/wage-and-hour class action. He is a Fellow of the College of Labor & Employment Lawyers.
The practice group Jason co-leads was named by The American Lawyer as the Labor & Employment Litigation Department of the Year in its most recent competition. The American Lawyer noted, “with novel labor and employment issues swirling, Gibson Dunn’s litigators set standards and settle the law,” and that a case “typical for Gibson Dunn’s labor and employment team” is “high-profile,” “cutting-edge,” and “a victory.” The group was also recognized ten times as a Law360 Employment Practice Group of the Year and won The National Law Journal’s D.C. Labor & Employment Litigation Department of the Year competition for the last seven years in a row.
Jason’s practice includes sensitive workplace investigations, high-profile trade secret and non-compete matters, wage-hour and discrimination class actions, Sarbanes-Oxley and other whistleblower protection claims, executive and other significant employment disputes, labor union controversies, and workplace safety litigation.
Recent representative matters include:
Jason has also successfully tried several sensitive whistleblower matters for major national employers, and he prevailed in a precedent-setting Labor Department appeal of one of the first Sarbanes-Oxley whistleblower cases to proceed to trial. He prevailed for Enterprise Rent-A-Car in a case of first impression in which the U.S. Court of Appeals for the Third Circuit created a new joint employer test (the Enterprise test) and affirmed summary judgment for a parent corporation in a series of wage-hour class actions, defeating the plaintiffs’ effort to form a nationwide class (In re Enterprise Rent-A-Car Wage & Hour Employment Practices Litig. (3rd Cir. 2012)). In another case of first impression, he successfully argued in the Utah Supreme Court against the recognition of a tort for spoliation of evidence. In addition, he served as lead trial counsel for a retailer in a highly-publicized OSHA enforcement action relating to crowd control at a day-after-Thanksgiving sale.
Jason also has significant experience in administrative law and rulemakings. He served as counsel to the Fair Labor Standards Reform Coalition, and he played a leading role in preparing comments on behalf of the business community relating to the U.S. Department of Labor’s overtime exemption regulations.
Jason served for many years as the Secretary of the Retail Litigation Center, and he testified before Congress regarding OSHA enforcement programs on behalf of the U.S. Chamber. He frequently speaks and writes on employment law and trade secret related topics. He is the co-author of the treatise Whistleblower Law: A Practitioner’s Guide, published by American Lawyer Media/Law Journal Press, and he previously authored the annual “Trade Secrets Litigation Round-Up” published by Bloomberg BNA.
Jason earned his law degree magna cum laude from Georgetown University Law Center, where he was elected to the Order of the Coif and received the George Brent Mickum III Prize and the Charles A. Keigwin Award for the best academic record in first year courses. From 1995 to 1996, he worked as a Legislative Assistant to Congressman Jon D. Fox. Jason received a B.A. degree in international affairs cum laude in 1994 from The George Washington University.
Jason is admitted to practice in the District of Columbia, Virginia and Maryland, as well as in numerous federal courts. He served for many years as an officer and board member of the Charles E. Smith Jewish Day School, currently serves as a member of the Washington Lawyers Committee of the U.S. Holocaust Memorial Museum, and provides pro bono employment counsel to numerous community organizations.
Solicitor, U.S. Department of Labor
Jonathan Berry is Solicitor at the U.S. Department of Labor, in service to President Trump’s agenda to put American workers first. He leads the Department’s lawyers in advising the Secretary and agency leadership on all aspects of law and in representing the Department in court. He was previously managing partner at Boyden Gray PLLC, where he provided strategic counsel and litigated on issues at the intersection of law, politics, and public policy. Earlier, he headed the regulatory office at Labor, and also served at the Department of Justice, in the first Trump Administration. Mr. Berry served as a law clerk to Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit, and to Associate Justice Samuel A. Alito, Jr., of the Supreme Court of the United States.
Founder & CEO, Edelson PC
Jay Edelson is the founder of Edelson PC. He is considered one of the nation’s leading plaintiff’s lawyers, with his firm having helped secure over $45 billion in settlements and verdicts on behalf of classes, individuals, and governmental entities. Law360 described Jay as a “Titan of the Plaintiff’s Bar.” Jay has been recognized as one of “America’s top trial lawyers” in the mass action arena. LawDragon named him one of the top Plaintiff Financial Lawyers in the country. He has been called “probably the best known, and most innovative, consumer privacy lawyer on the planet,” with he and his firm holding records for the largest trial verdict in a consumer privacy case ($925m), the largest consumer privacy settlement ($650m) and the largest TCPA settlement ($76m).
Jay has been appointed to represent state and local regulators on some of the largest issues of the day, ranging from opioids suits against pharmaceutical companies, to environmental actions against polluters, to breaches of trust against energy companies and for-profit hospitals, to privacy suits against Google, Facebook, and others.
Professor of Law, Rutgers Law School
Stacy Hawkins is a frequent writer and sought-after speaker on the issue of employment law and diversity. She’s served on the Philadelphia Diversity Law Group and the Pennsylvania Bar Association Commission on Women in the Profession Diversity Task Force. She worked as a senior labor and employment attorney and as the director of diversity for major law firms.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Partner, Gibson Dunn & Crutcher
Jason C. Schwartz is a litigation partner in the Washington, D.C. office of Gibson Dunn, co-chair of the Labor & Employment Practice Group, General Counsel of the law firm and a member of the firm’s Executive Committee. Jason was recognized as an MVP in employment law five times, awarded by Law360 to “attorneys whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law.” Law360 referred to Jason as “an expert dismantler of worker class actions.”
Jason is ranked in Band 1 in Labor & Employment by Chambers USA, which stated, “He is a whip-smart, results-oriented and zealous advocate who is really committed to the client. His judgment is impeccable.” According to Chambers USA, “[c]lients note: He’s an excellent litigator with a good sense of the client’s needs in a business environment. He’s just a pleasure to work with. He’s disciplined, a great writer and gets great results.” Jason has been recognized as a Top 20 Labor & Employment Litigator in the U.S. by Benchmark Litigation; on the Top 100 list of the Nation’s Most Powerful Employment Attorneys by Human Resource Executive magazine; as a Top Lawyer in Employment Defense by Washingtonian Magazine; as a Leading Lawyer in Labor & Employment Disputes by The Legal 500 US; by Lawdragon 500 Leading Corporate Employment Lawyers for Labor & Employment (Litigation); in The Best Lawyers in America in the Employment Law-Management category; as a Super Lawyer by Washington, D.C. Super Lawyers; and as an Am Law Litigation Daily “Litigator of the Week” for his win in an independent contractor misclassification/wage-and-hour class action. He is a Fellow of the College of Labor & Employment Lawyers.
The practice group Jason co-leads was named by The American Lawyer as the Labor & Employment Litigation Department of the Year in its most recent competition. The American Lawyer noted, “with novel labor and employment issues swirling, Gibson Dunn’s litigators set standards and settle the law,” and that a case “typical for Gibson Dunn’s labor and employment team” is “high-profile,” “cutting-edge,” and “a victory.” The group was also recognized ten times as a Law360 Employment Practice Group of the Year and won The National Law Journal’s D.C. Labor & Employment Litigation Department of the Year competition for the last seven years in a row.
Jason’s practice includes sensitive workplace investigations, high-profile trade secret and non-compete matters, wage-hour and discrimination class actions, Sarbanes-Oxley and other whistleblower protection claims, executive and other significant employment disputes, labor union controversies, and workplace safety litigation.
Recent representative matters include:
Jason has also successfully tried several sensitive whistleblower matters for major national employers, and he prevailed in a precedent-setting Labor Department appeal of one of the first Sarbanes-Oxley whistleblower cases to proceed to trial. He prevailed for Enterprise Rent-A-Car in a case of first impression in which the U.S. Court of Appeals for the Third Circuit created a new joint employer test (the Enterprise test) and affirmed summary judgment for a parent corporation in a series of wage-hour class actions, defeating the plaintiffs’ effort to form a nationwide class (In re Enterprise Rent-A-Car Wage & Hour Employment Practices Litig. (3rd Cir. 2012)). In another case of first impression, he successfully argued in the Utah Supreme Court against the recognition of a tort for spoliation of evidence. In addition, he served as lead trial counsel for a retailer in a highly-publicized OSHA enforcement action relating to crowd control at a day-after-Thanksgiving sale.
Jason also has significant experience in administrative law and rulemakings. He served as counsel to the Fair Labor Standards Reform Coalition, and he played a leading role in preparing comments on behalf of the business community relating to the U.S. Department of Labor’s overtime exemption regulations.
Jason served for many years as the Secretary of the Retail Litigation Center, and he testified before Congress regarding OSHA enforcement programs on behalf of the U.S. Chamber. He frequently speaks and writes on employment law and trade secret related topics. He is the co-author of the treatise Whistleblower Law: A Practitioner’s Guide, published by American Lawyer Media/Law Journal Press, and he previously authored the annual “Trade Secrets Litigation Round-Up” published by Bloomberg BNA.
Jason earned his law degree magna cum laude from Georgetown University Law Center, where he was elected to the Order of the Coif and received the George Brent Mickum III Prize and the Charles A. Keigwin Award for the best academic record in first year courses. From 1995 to 1996, he worked as a Legislative Assistant to Congressman Jon D. Fox. Jason received a B.A. degree in international affairs cum laude in 1994 from The George Washington University.
Jason is admitted to practice in the District of Columbia, Virginia and Maryland, as well as in numerous federal courts. He served for many years as an officer and board member of the Charles E. Smith Jewish Day School, currently serves as a member of the Washington Lawyers Committee of the U.S. Holocaust Memorial Museum, and provides pro bono employment counsel to numerous community organizations.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Senior Fellow, Competitive Enterprise Institute
Joel M. Zinberg, M.D., J.D. is a senior fellow with the Competitive Enterprise Institute. He is a native New Yorker who recently completed two years as General Counsel and Senior Economist at the Council of Economic Advisers in the Executive Office of the President. He practiced general and oncologic surgery in New York for nearly 30 years at the Mount Sinai Hospital and Icahn School of Medicine where he is an Associate Clinical Professor of Surgery. He has been involved with health policy issues and the interaction between law and medicine for his entire career. Dr. Zinberg taught for 10 years at the Columbia University Law School as a Lecturer in Law where he created a course on the legal, policy and ethical issues surrounding organ transplantation. He served for many years on the New York State Board of Professional Medical Conduct and on Mount Sinai's Ethics Committee and Institutional Review Board. He is past President and Trustee of the New York County Medical Society. Between 2015 and 2017 he was a Visiting Scholar at the American Enterprise Institute.
Dr. Zinberg has written for publications as varied as the Journal of the American Medical Association, the Bulletin of the American College of Surgeons, the Wall Street Journal, City Journal and law reviews. He is the author of book chapters on legal and policy issues in organ transplantation.
He received his J.D. degree from the Yale Law School, his M.D. from the Columbia University College of Physicians and Surgeons and his B.A. in economics with High Honors, Phi Beta Kappa, from Swarthmore College.
Deputy Assistant Attorney General, Office of Legal Policy, Department of Justice
GianCarlo Canaparo serves as Deputy Assistant Attorney General in the Office of Legal Policy at the Department of Justice. There, he oversees the Office's regulatory work and is the Department's liaison to the Office of Information and Regulatory Affairs. He also assists the White House in the process of selecting nominees for federal judgeships and advises Department leadership on policy and legal matters.
Before joining the Department, Canaparo was a senior legal fellow at The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies where he researched constitutional law, administrative law, and civil rights.
Canaparo’s scholarship has appeared in various law reviews including the Harvard Journal of Law and Public Policy, the Notre Dame Law Review, the Georgetown Journal of Law and Public Policy, the Texas Review of Law and Politics, and the Administrative Law Review. His research has been cited by Justice Neil Gorsuch and featured in the Wall Street Journal and Washington Post. His analysis has appeared in Law & Liberty, Civitas, Fox News, The National Review, Law 360, FedSoc Blog, and other outlets.
Canaparo co-hosted The Heritage Foundation’s SCOTUS 101 podcast, which follows the Supreme Court’s arguments and opinions and features interviews with judges, advocates, and scholars.
After graduating Georgetown law, Canaparo spent three years at the law firm of Skadden, Arps, Slate, Meagher & Flom and two years as a federal law clerk. He earned his bachelor’s degree in economics from the University of California at Davis.
Canaparo is a classical pianist and organist.
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