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.
General Counsel, xAI and X
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Brandon Smith is a partner at Holtzman Vogel, based in Tennessee, where he focuses on government investigations, white collar matters, and specialty litigation. A seasoned government leader and legal strategist, Brandon has played a central role in shaping conservative policy and litigation at the highest levels of state government.
Before joining the firm, Brandon served as Chief of Staff and Assistant Solicitor General in the Tennessee Attorney General’s Office. In that role, he led multi-state litigation, high-profile constitutional challenges, and efforts to counter federal overreach and ESG-related corporate activism. He worked closely with nearly every Republican Attorney General’s Office in the country, coordinating litigation, strategy, and multi-state policy efforts.
Earlier in his career, Brandon served as Executive Director of Legislative and Regulatory Affairs for Kentucky Governor Matt Bevin and as Policy Director to Kansas Governor Sam Brownback, where he helped drive key legislative and budget initiatives. He also held roles as Deputy Director of the Federalist Society and as an adjunct professor at American University.
Brandon’s career has been defined by a commitment to defending federalism, advancing conservative governance, and shaping legal and policy fights that matter.
Professor of Law, University of Cincinnati College of Law
Professor Stephanie Hunter McMahon has taught courses in tax law and legal history at the University of Cincinnati College of Law since 2008, and while doing so has won two of the law school’s teaching awards, its faculty excellence award, and its award for scholarship.
To date, much of her scholarship explores the relationship between taxation and the public’s perception of taxation with respect to families and the application of administrative law to tax. Her interest in the development of tax policy led her to write Principles of Tax Policy for West’s Concise Hornbook Series. In the last two years, she has begun scholarship focusing on the tax treatment of disadvantaged groups, both women seeking abortions in states that do not provide access to care and the discriminatory tax treatment of inmate labor.
Her writings have been published in peer-reviewed journals, The Tax Lawyer (ABA journal), Florida Tax Review, and the Virginia Tax Review, as well as student-reviewed journals, such as Northwestern Law Review, Washington Law Review, and Michigan State Law Review. Professor McMahon received her J.D. from Harvard Law School and PhD in American history from the University of Virginia. Following law school, Professor McMahon practiced in the New York offices of Cravath, Swaine & Moore and Skadden, Arps, Slate, Meagher & Flom.
Partner, Jones Day
Ray Wiacek is one of the world’s leading international tax lawyers. He represents multinational corporations on cross-border financings, international acquisitions and reorganizations, and transfer pricing. He is particularly skilled at global planning involving intellectual property. Ray also defends his advice, favorably resolving tax disputes ranging from the proper pricing of foreign autos to the effectiveness of an agreement to share R&D costs worldwide. He is currently challenging the IRS’ anti-inversion regulations in court.
Ray negotiated and closed billions of dollars of cross-border financings for Bank of America against many of the leading banks in Europe. He led the worldwide team integrating Warner-Lambert and Pharmacia with Pfizer after Pfizer’s overhaul of those companies. This included the disposition of nonstrategic assets, such as Schick and Wilkinson Sword to Energizer and Chiclets and Dentyne to Cadbury. Ray also led the team that implemented a worldwide business and tax plan for Halliburton.
In addition to Bank of America, Pfizer, and Halliburton, representative clients have included Bridgestone/Firestone, Celgene, Dow Corning, H.J. Heinz, Isuzu Motors, JP Morgan, Transworld Oil, and United Coal.
Ray has testified many times on international tax matters before Congress and the Internal Revenue Service. He has been listed every year in the Chambers guide to best lawyers, with clients describing him as “pragmatic and deal oriented,” “an excellent negotiator,” with “superb technical skills and analytic ability.”
Of Counsel, Covington & Burling LLP
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
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.
Counsel, Liberty Justice Center
Reilly Stephens is Counsel at Liberty Justice Center, a national nonprofit public-interest litigation firm that brings cases around the country to protect economic liberty, educational freedom, property rights, free speech, and other fundamental rights..
Prior to joining LJC, Reilly was a legal associate in the Cato Institute’s Center for Constitutional Studies. During law school, he served as a law clerk at the Institute for Justice and for the Competitive Enterprise Institute’s Center for Class Action Fairness.
A native of Baltimore, Reilly holds a J.D. from the Georgetown University Law Center, where he served as Senior Articles Editor of the Georgetown Journal of Law & Public Policy, and an M.A. in International Relations from the University of St. Andrews, Scotland.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
2L, Notre Dame Law School
Managing Partner and Co-Founder, EducationCounsel
With extensive background in providing legal, policy, strategic planning, and advocacy services to educators throughout the country, Mr. Coleman focuses principally on issues of access, diversity, inclusion, and institutional quality in post-secondary education.
Mr. Coleman is a 1984 honors graduate of Duke University School of Law and a 1981 Phi Beta Kappa graduate of the University of Virginia. Mr. Coleman served as Deputy Assistant Secretary of the U.S. Department of Education’s Office for Civil Rights from June 1997 until January 2000, following his tenure as Senior Policy Advisor to the Assistant Secretary for Civil Rights. He has testified before the U.S. Senate and the U.S. Commission on Civil Rights; he has served as an adjunct professor at two law schools and at two graduate schools of education. He currently teaches at the USC Rossier School of Education.
He is a current member of GLSEN’s Board of Directors; a Board member of the National Council for State Authorization Reciprocity (NC-SARA); and a Board member of the Lab School of Washington, which serves students with learning differences. He is a past Chairperson of the Board of Directors for the Institute for Higher Education Policy. Mr. Coleman leads the legal and policy work of the College Board's Access and Diversity Collaborative that he helped establish in 2004, and has been a principal author of numerous amicus briefs filed in federal courts on issues associated with the educational benefits of student diversity and the consideration of race in admissions, as well as the rights of transgender students to a non-discriminatory school environments.
District Judge, State of Texas
Cory Liu is a state district judge in Austin, Texas. He previously served as assistant general counsel to Texas Governor Greg Abbott. Mr. Liu clerked for Judge Andrew Oldham on the U.S. Court of Appeals for the Fifth Circuit and Judge Danny Boggs on the U.S. Court of Appeals for the Sixth Circuit. He was Editor-in-Chief of the Harvard Journal of Law & Public Policy and is a graduate of Harvard Law School and the University of Chicago.
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Managing Partner and Co-Founder, EducationCounsel
With extensive background in providing legal, policy, strategic planning, and advocacy services to educators throughout the country, Mr. Coleman focuses principally on issues of access, diversity, inclusion, and institutional quality in post-secondary education.
Mr. Coleman is a 1984 honors graduate of Duke University School of Law and a 1981 Phi Beta Kappa graduate of the University of Virginia. Mr. Coleman served as Deputy Assistant Secretary of the U.S. Department of Education’s Office for Civil Rights from June 1997 until January 2000, following his tenure as Senior Policy Advisor to the Assistant Secretary for Civil Rights. He has testified before the U.S. Senate and the U.S. Commission on Civil Rights; he has served as an adjunct professor at two law schools and at two graduate schools of education. He currently teaches at the USC Rossier School of Education.
He is a current member of GLSEN’s Board of Directors; a Board member of the National Council for State Authorization Reciprocity (NC-SARA); and a Board member of the Lab School of Washington, which serves students with learning differences. He is a past Chairperson of the Board of Directors for the Institute for Higher Education Policy. Mr. Coleman leads the legal and policy work of the College Board's Access and Diversity Collaborative that he helped establish in 2004, and has been a principal author of numerous amicus briefs filed in federal courts on issues associated with the educational benefits of student diversity and the consideration of race in admissions, as well as the rights of transgender students to a non-discriminatory school environments.
District Judge, State of Texas
Cory Liu is a state district judge in Austin, Texas. He previously served as assistant general counsel to Texas Governor Greg Abbott. Mr. Liu clerked for Judge Andrew Oldham on the U.S. Court of Appeals for the Fifth Circuit and Judge Danny Boggs on the U.S. Court of Appeals for the Sixth Circuit. He was Editor-in-Chief of the Harvard Journal of Law & Public Policy and is a graduate of Harvard Law School and the University of Chicago.
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
A discussion within the right: Why is there not a larger conservative plaintiffs' bar?
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For decades, the plaintiffs' bar has been populated by liberal lawyers who support left-wing elected...
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Arizona Supreme Court Reaffirms Role of Legislature in Tort
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Regulation and Red Tape: Tax Inversions: Unpacking the Pfizer Case
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The Second Amendment, From Bruen to Rahimi
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Constitutional Bar on Retrospective Laws Limits Claims Under Colorado's Child Sex Abuse Statute
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Utah Supreme Court Grapples With Public Recreational Access to Public Waters via Private Property
Michael Buschbacher, Andrew Olson
In Utah Stream Access Coalition v. VR Acquisitions, LLC (USAC II), the Utah Supreme Court...
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Andy McCarthy on the Roots of Hamas
Andrew McCarthy, as Assistant United States Attorney in New York, successfully prosecuted the Blind Sheikh,...
College Admissions After SFFA
Art Coleman, Cory R. Liu, Kenneth L. Marcus, William E. Trachman
On Thursday, June 29, 2023, the U.S. Supreme Court issued its decision in Students for...
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Art Coleman, Cory R. Liu, Kenneth L. Marcus, William E. Trachman
On Thursday, June 29, 2023, the U.S. Supreme Court issued its decision in Students for...