President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
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.
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.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Mr. Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, international dispute resolution and counseling matters, and developing strategies for avoiding or responding to workplace-related crises.
Mr. Fortney has a broad-based practice representing and counseling employers and executives in employment and labor matters, including equal employment opportunity requirements, wage and hour matters, federal contractor's affirmative action and non-discrimination obligations, collective bargaining, and workplace health and safety. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before federal and state agencies, including the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board.
Mr. Fortney has been widely recognized for his professional accomplishments, including being named one of the leading employment lawyers in Washington, D.C. by the CHAMBERS USAsurvey of America’s Leading Lawyers for Business in all years from 2005 through 2015. He was selected for inclusion in the 2008 through present editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers. Mr. Fortney was also awarded an AV rating (the highest level) by Martindale-Hubbell.
Before co-founding the firm, Mr. Fortney previously served as the chief legal officer of the U.S. Department of Labor in Washington, D.C. during the term of President George H.W. Bush. As Acting Solicitor of Labor, he was responsible for enforcing over 140 laws regulating the nation's workplaces and managing an agency with 800 attorneys and support staff. He advised Secretaries of Labor Elizabeth Dole and Lynn Martin and the Department of Labor agencies on a broad range of legal, policy, legislative, regulatory and enforcement issues.
Mr. Fortney has testified before the U.S. Congress on several occasions and a state legislative committee on wage and hour matters.
Mr. Fortney is a frequent lecturer and writer on employment-related topics, including appearances on CNN, CBS and Fox News. Mr. Fortney is the co-editor of the Federal Employment Law Insider monthly newsletter, Chapter Editor of The Family and Medical Leave Act (2006) published by BNA Books, co-author of the Military Leave Compliance Kit (2001), published by M. Lee Smith Publishers, and lead author of the Guide to Employee Leave(1997), published by Warren, Gorham & Lamont.
Associate Dean for Academic Affairs, The George Washington University Law School
Aram A. Gavoor is the Associate Dean for Academic Affairs and an internationally recognized scholar in American administrative law, national security, and federal courts. His co-authored work was cited by the U.S. Supreme Court in Department of Commerce v. New York (2019). His scholarship has earned placement in the Florida Law Review, Indiana Law Journal, Ohio State Law Journal, and other law journals. He has briefed and argued over a dozen high-profile public law cases before a majority of the U.S. Courts of Appeals and numerous cases before almost a third of the 94 U.S. District Courts. Associate Dean Gavoor frequently shares his national security, artificial intelligence policy, and federal courts expertise with international news media, including CNN, BBC World News, Wall Street Journal, NBC News, and ABC (Australia) World News. In 2021, the National Law Journal named Associate Dean Gavoor a Rising Star (top 40 under 40) honoree.
Earlier in his career, Associate Dean Gavoor served as Senior Counsel for National Security in the Civil Division of the U.S. Department of Justice, as third-in-rank Counselor to the Administrator of the Office of Information and Regulatory Affairs in the White House Office of Management and Budget, and in private practice. He received the Attorney General's Award for Distinguished Service in 2019, the Civil Division Special Commendation Award in 2020, 2019, and 2018, and a Commendation from the Human Rights and Special Prosecutions Section of the Criminal Division in 2018.
Associate Dean Gavoor previously served on the law school’s part-time faculty from 2008-2017 before accepting a term-limited position as Visiting Associate Professor from 2017-2019. He received GW Law’s Distinguished Adjunct Faculty Teaching Award from the 2020 and 2017 graduating classes. He currently teaches Constitutional Law II, Administrative Law, National Security Law, and Federal Courts.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
Deputy Secretary of Labor, U.S. Department of Labor
Keith E. Sonderling was confirmed by the U.S. Senate on March 12, 2025 to be the 38th United States Deputy Secretary of Labor.
As the United States Deputy Secretary of Labor, Sonderling is the second-highest-ranking official and serves as the Department's Chief Operating Officer, overseeing the agency’s $14 billion dollar budget and 16,000 employees. The Deputy Secretary oversees key operational functions such as: strategic planning; budget formulation; financial management; information technology; and human resource management. Additionally, the Deputy Secretary provides the leadership and management of DOL’s agencies necessary to support the Secretary and the Department’s mission.
Prior to becoming Deputy Secretary, he was previously confirmed by the United States Senate to serve as the Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) from September 2020 until August 2024. He also served as the Commission’s Vice-Chair from 2020-2021.
During his tenure at the EEOC, one of Sonderling’s highest priorities was ensuring that artificial intelligence and workplace technologies are designed and deployed consistent with long-standing laws. He published numerous articles on the benefits and potential harms of using artificial intelligence-based technology in the workplace and spoke globally on artificial intelligence’s impact on the workplace.
Sonderling previously served at the US Department of Labor as the Acting and Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division from 2017-2020. During his tenure, the Division accomplished back-to-back record-breaking enforcement collections and educational outreach events. Sonderling also oversaw the development and publication of large-scale deregulatory rules and authored numerous Opinion Letters, Field Assistance Bulletins, and All Agency Memorandums. Additionally, he was instrumental in developing the Division’s first comprehensive self-audit program, which collected more than $7 million for nearly eleven thousand workers.
Before his government service, Sonderling was a partner at one of Florida’s oldest and largest law firms, Gunster. At Gunster, he counseled employers and litigated labor and employment disputes. In 2012, then-Governor Rick Scott appointed Sonderling to serve as the Chair of the Judicial Nominating Committee for appellate courts in South Florida. Sonderling was also active in the community, serving on the Board of Directors for Morse Life Health System, the Boca Raton Chamber of Commerce, and Leadership Florida.
Sonderling also serves as a Professional Lecturer in the Law (Adjunct Professor) at George Washington University Law School, teaching employment discrimination.
Sonderling received his B.S., magna cum laude, from the University of Florida and his J.D., magna cum laude, from Nova Southeastern University.
Deputy Secretary of Labor, U.S. Department of Labor
Keith E. Sonderling was confirmed by the U.S. Senate on March 12, 2025 to be the 38th United States Deputy Secretary of Labor.
As the United States Deputy Secretary of Labor, Sonderling is the second-highest-ranking official and serves as the Department's Chief Operating Officer, overseeing the agency’s $14 billion dollar budget and 16,000 employees. The Deputy Secretary oversees key operational functions such as: strategic planning; budget formulation; financial management; information technology; and human resource management. Additionally, the Deputy Secretary provides the leadership and management of DOL’s agencies necessary to support the Secretary and the Department’s mission.
Prior to becoming Deputy Secretary, he was previously confirmed by the United States Senate to serve as the Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) from September 2020 until August 2024. He also served as the Commission’s Vice-Chair from 2020-2021.
During his tenure at the EEOC, one of Sonderling’s highest priorities was ensuring that artificial intelligence and workplace technologies are designed and deployed consistent with long-standing laws. He published numerous articles on the benefits and potential harms of using artificial intelligence-based technology in the workplace and spoke globally on artificial intelligence’s impact on the workplace.
Sonderling previously served at the US Department of Labor as the Acting and Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division from 2017-2020. During his tenure, the Division accomplished back-to-back record-breaking enforcement collections and educational outreach events. Sonderling also oversaw the development and publication of large-scale deregulatory rules and authored numerous Opinion Letters, Field Assistance Bulletins, and All Agency Memorandums. Additionally, he was instrumental in developing the Division’s first comprehensive self-audit program, which collected more than $7 million for nearly eleven thousand workers.
Before his government service, Sonderling was a partner at one of Florida’s oldest and largest law firms, Gunster. At Gunster, he counseled employers and litigated labor and employment disputes. In 2012, then-Governor Rick Scott appointed Sonderling to serve as the Chair of the Judicial Nominating Committee for appellate courts in South Florida. Sonderling was also active in the community, serving on the Board of Directors for Morse Life Health System, the Boca Raton Chamber of Commerce, and Leadership Florida.
Sonderling also serves as a Professional Lecturer in the Law (Adjunct Professor) at George Washington University Law School, teaching employment discrimination.
Sonderling received his B.S., magna cum laude, from the University of Florida and his J.D., magna cum laude, from Nova Southeastern University.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
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