Senior Counsel, Miller Johnson
Brett Swearingen is a Senior Counsel in Miller Johnson’s Employment and Labor practice. A native of Southwest Michigan, Brett’s practice focuses on employment and ERISA litigation, as well as counseling clients on employment matters and dealing with the government.
Mr. Swearingen litigates on behalf of clients in complex matters of employment and ERISA law, including FLSA collective actions, multiemployer pension withdrawal liability disputes, and government investigations. In addition, Brett regularly advises clients—especially state and federal contractors and grantees—on compliance with civil rights laws, as well as religious non-profits on matters regarding employment law and religious liberty. Brett is also experienced in the statistical analysis of workplace issues, such as using “disparate impact analysis” to help employers test for (and root out) potential discriminatory effects of workplace policies and practices.
Brett previously served as Counselor to the Deputy Secretary at the United States Department of Labor. At the DOL, he advised the Deputy Secretary and Secretary on employee benefits and civil rights matters and was a key advisor on several important rulemakings within the Employee Benefits Security Administration (EBSA) and the Office of Federal Contract Compliance Programs (OFCCP), including regulations concerning ESG investing, proxy voting, and fiduciary investment advice, and reforms to OFCCP’s enforcement procedures and religious exemption.
Prior to his time at DOL, Brett was a litigator in the employee benefits practice of a global law firm, where he defended clients in several multi-million dollar ERISA withdrawal liability cases against multiemployer pension funds concerning alleged evade or avoid liability, successor liability, and employer challenges to pension funds’ discount rates.
Mr. Swearingen is currently licensed in Michigan and Washington, D.C.
Partner, Boyden Gray PLLC
Jared Kelson is a partner at Boyden Gray PLLC. He worked previously as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice, where he received the Attorney General’s Award for Distinguished Service and developed significant expertise in administrative law, regulatory process, executive authority, and the constitutional separation of powers.
Mr. Kelson was a law clerk to Judge Thomas B. Griffith of the U.S. Court of Appeals for the District of Columbia Circuit and to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. He graduated from the University of Virginia School of Law, where he received the Faculty Award for Academic Excellence after achieving the highest overall academic record in his graduating class. He also served as an Articles Editor of the Virginia Law Review. Previously, he graduated summa cum laude from Brigham Young University with a B.S. in Biology.
Senior Counsel, Miller Johnson
Brett Swearingen is a Senior Counsel in Miller Johnson’s Employment and Labor practice. A native of Southwest Michigan, Brett’s practice focuses on employment and ERISA litigation, as well as counseling clients on employment matters and dealing with the government.
Mr. Swearingen litigates on behalf of clients in complex matters of employment and ERISA law, including FLSA collective actions, multiemployer pension withdrawal liability disputes, and government investigations. In addition, Brett regularly advises clients—especially state and federal contractors and grantees—on compliance with civil rights laws, as well as religious non-profits on matters regarding employment law and religious liberty. Brett is also experienced in the statistical analysis of workplace issues, such as using “disparate impact analysis” to help employers test for (and root out) potential discriminatory effects of workplace policies and practices.
Brett previously served as Counselor to the Deputy Secretary at the United States Department of Labor. At the DOL, he advised the Deputy Secretary and Secretary on employee benefits and civil rights matters and was a key advisor on several important rulemakings within the Employee Benefits Security Administration (EBSA) and the Office of Federal Contract Compliance Programs (OFCCP), including regulations concerning ESG investing, proxy voting, and fiduciary investment advice, and reforms to OFCCP’s enforcement procedures and religious exemption.
Prior to his time at DOL, Brett was a litigator in the employee benefits practice of a global law firm, where he defended clients in several multi-million dollar ERISA withdrawal liability cases against multiemployer pension funds concerning alleged evade or avoid liability, successor liability, and employer challenges to pension funds’ discount rates.
Mr. Swearingen is currently licensed in Michigan and Washington, D.C.
Partner, Boyden Gray PLLC
Jared Kelson is a partner at Boyden Gray PLLC. He worked previously as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice, where he received the Attorney General’s Award for Distinguished Service and developed significant expertise in administrative law, regulatory process, executive authority, and the constitutional separation of powers.
Mr. Kelson was a law clerk to Judge Thomas B. Griffith of the U.S. Court of Appeals for the District of Columbia Circuit and to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. He graduated from the University of Virginia School of Law, where he received the Faculty Award for Academic Excellence after achieving the highest overall academic record in his graduating class. He also served as an Articles Editor of the Virginia Law Review. Previously, he graduated summa cum laude from Brigham Young University with a B.S. in Biology.
Amicus Attorney, The Foundation for Individual Rights and Expression
Abby joined FIRE after her tenure at the Becket Fund for Religious Liberty, where she litigated First Amendment student group cases from coast to coast. She also worked at a trial litigation boutique in southern California. Abby has filed briefs on the First Amendment in state and federal court at the trial and appellate court levels, including before the U.S. Supreme Court.
Abby received her B.S. in economics and her B.A. in Chinese language and literature from the University of Pittsburgh, where she graduated summa cum laude. During college, she also spent a year at Tsinghua University as a Boren Fellow. She later received her J.D. from the University of Chicago Law School, where she won the 2018 Hinton Moot Court Competition. After law school, Abby clerked for the Honorable Michael B. Brennan on the Seventh Circuit Court of Appeals in Milwaukee, Wisconsin. She is admitted to practice in New York and California, as well as several federal appellate courts and the U.S. Supreme Court.
Abby lives outside Dallas, Texas, with her husband and family. They enjoy reading together, volunteering with their local church, and continuing to fix their leaky pool.
Joel A. Katz Distinguished Professor of Law, University of Tennessee College of Law
Professor Plank joined the UT faculty in 1994 and became the Joel A. Katz Distinguished Professor of Law in 2004. His scholarly interests include the nature of property, the relationship between bankruptcy and non-bankruptcy law, and the historical development and comparison of commercial law and property law systems. He is a nationally recognized expert on mortgage backed and asset backed securities. Before joining the UT faculty, he was a partner with Kutak Rock LLP specializing in real estate finance, commercial finance, bankruptcy, and securities, in particular serving as issuer’s counsel and bankruptcy counsel in securitization transactions. Since joining the UT faculty he has served as an expert witness on securitization and other bankruptcy and commercial law matters, and as a consultant for securitization law firms, providing advice on bankruptcy, commercial law, and real estate issues in connection with securitizations and other transactions. During the 2002-2003 academic year, Professor Plank was a visiting Professor of Law at the Notre Dame Law School.
Professor Plank graduated with honors from Princeton University with a degree in history and a Certificate of Proficiency in Russian Area Studies and then served three years in the United States Marine Corps, including eight months in Vietnam as an infantry platoon commander. He graduated 5th in his class from the University of Maryland School of Law, where he was Editor-in-Chief of the Maryland Law Review. He was a law clerk for the Chief Judge of the Maryland Court of Appeals, an associate with Piper & Marbury in Baltimore, MD, and an assistant attorney general for the State of Maryland. Initially, his practice included a wide variety of transactions and litigation, including a four month trial on the constitutionality of the Maryland public school finance system and oral arguments in the United States Supreme Court and federal and state appellate courts. He then concentrated his practice in real estate, commercial finance, public finance and securities transactions.
Assistant Professor of Law, Willamette University College of Law
Professor Simowitz teaches international business transactions, debtor and creditor law, negotiation, and a seminar on resolving business disputes. His research focuses on cross-border business transactions, litigation, and arbitration.
Before joining Willamette University College of Law, Simowitz was a research fellow at New York University’s (NYU) Center for Transnational Litigation, Arbitration, and Commercial Law and a fellow at the Classical Liberal Institute at NYU. He taught International Litigation & Arbitration with Professor Linda Silberman and before that was an acting assistant professor in the Lawyering Program at NYU. He also taught International Business Transactions at Columbia Law School.
Simowitz received the 2014 Young Scholar’s Award from the American Society of International Law’s Private International Law Interest Group for his work on judgment and award enforcement against intangible assets. He practiced at the New York office of Gibson, Dunn & Crutcher, and clerked for Judge D. Brooks Smith of the U.S. Court of Appeals for the Third Circuit.
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.
Utah v. Walsh: Latest Developments in the Challenges to the DOL's ESG Rule
Brett Swearingen, Jared Kelson
A Regulatory Transparency Project Webinar
The plaintiffs in Utah v. Walsh filed a motion to halt implementation of the Department of Labor’s...
Utah v. Walsh: Latest Developments in the Challenges to the DOL's ESG Rule
Brett Swearingen, Jared Kelson
A Regulatory Transparency Project Webinar
The plaintiffs in Utah v. Walsh filed a motion to halt implementation of the Department of Labor’s...
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