Attorney, Competitive Enterprise Institute
Devin Watkins is an attorney at the Competitive Enterprise Institute. Devin Watkins previously worked at the Cato Institute as a legal associate and interned at the Institute for Justice. At the Cato Institute, Watkins worked on a variety of Supreme Court cases, and one of the briefs he worked on was cited by the Court. His op-eds have appeared in National Review Online, The Hill, Time, and The Federalist among others.
Watkins holds a Juris Doctor cum laude from George Mason University's Antonin Scalia Law School, where he was the development editor on the Mason Law Review. Prior to his legal career Watkins was a senior software developer at Intel and WebMD. He graduated with a Bachelor of Science in Computer Science from Stevens Institute of Technology in Hoboken, New Jersey.
Watkins is a member of the Virginia State Bar, the District of Columbia Bar, the U.S. District Court for the District of Columbia Bar, and the U.S. Court of Appeals for the District of Columbia Circuit Bar.
Managing Partner, Cooper & Kirk PLLC
David Thompson is the Managing Partner of Cooper & Kirk and joined the firm at its founding. Mr. Thompson has extensive trial and appellate experience in a wide range of matters and has secured victories worth billions of dollars. He has successfully challenged numerous laws on Second Amendment grounds. He has also litigated cases in over 30 federal district courts, argued in each of the 13 federal circuit courts of appeal, and argued before the U.S. Supreme Court, as well as many state courts. Mr. Thompson was awarded an A.B. degree, magna cum laude, from Harvard University in 1991, where he was elected to Phi Beta Kappa. In 1994, Mr. Thompson received a J.D. degree, cum laude, from Harvard Law School.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
W. DeVier Pierson Professor of Law, University of Oklahoma College of Law
In 2001 Taiawagi Helton joined the faculty of the University of Oklahoma College of Law, where he teaches environmental law, property law, and Indian law. His research emphasizes environmental and natural resources issues relating to Native Americans, as well as nation building in Indian country.
Helton began his legal career as a clerk for the Honorable Robert H. Henry, U.S. Court of Appeals for the Tenth Circuit. He has served as a Special Justice for the Cheyenne and Arapaho Tribes Supreme Court (2004-2008) and as a member of the Board of Directors of Oklahoma Indian Legal Services. In 2012, Helton received the O.U. Regents’ Award for Superior Teaching, the University’s highest award for teaching excellence.
Helton earned his Master of Laws degree from Yale Law School in 2001. In 1999 he received a juris doctor degree with highest honors from the University of Tulsa College of Law, where he served as Editor-in-Chief of the Tulsa Law Journal and earned membership in the Order of the Curule Chair.
Partner, Spencer Fane LLP
Andy Lester has a civil litigation and appellate practice in both state and federal court. His fields of emphasis include complex business, civil rights, commercial, constitutional, and state and local government law. He has faced off against the White House over the use of Executive Privilege, has appeared as counsel before committees of the United States Senate and the United States House of Representatives, and has been a featured guest on television shows such as Hardball with Chris Matthews and The Situation Room with Wolf Blitzer. He has also served as Acting General Counsel for the Oklahoma House of Representatives, and has twice served as Chief Counsel to Special House Committees investigating public corruption.
While in law school, Lester served on President Ronald Reagan’s Transition Team for the Equal Employment Opportunity Commission. In 2002, he chaired Governor Brad Henry’s Law Enforcement/Corrections Transition Team and, as a member of the Budget/Finance Transition Team, helped write Governor Henry’s first State budget.
He is a former United States Magistrate Judge for the Western District of Oklahoma, and has served as Adjunct Professor at Oklahoma City University School of Law, having taught State & Local Government, Employment Law, Criminal Law, and International Law. Lester has written over 100 articles and papers on professional and public policy issues, and has published one book, Constitutional Law and Democracy, a collection of speeches he gave in 1993 in the former Soviet Union.
Lester is a former member of the Oklahoma State Regents for Higher Education, and in 2019 was named a State Regent Emeritus. He served on the board of Eureka College (President Reagan’s alma mater), is a former chairman of the Oklahoma Advisory Committee for the United States Commission on Civil Rights, and is a past president, past board chairman, and current board member of the Tenth Circuit Historical Society. He co-chaired the bipartisan Oklahoma Death Penalty Review Commission, which conducted the first-ever independent, objective, and thorough review of the state’s entire capital punishment system.
In 2012, Lester was named Citizen of the Year of Edmond, Oklahoma. He is a past president of the Rotary Club of Edmond, and in 2011 was named Rotarian of the Year.
Partner, Latham & Watkins LLP
Matthew Brill, Global Chair of the Communications Law Practice and a member of the Supreme Court and Appellate Practice, is a nationally recognized communications lawyer and former FCC senior official. He represents clients in litigation, regulatory, and transactional matters.
Vice President, Policy & Advocacy, USTelecom – The Broadband Association
Kristine (Fargotstein) Hackman serves as Vice President, Policy & Advocacy at USTelecom – The Broadband Association. In this role, she advocates on behalf of USTelecom members before the White House and Executive Branch, regulatory agencies, courts and other government entities in Washington, DC and state capitals to ensure members can compete, grow and thrive. Prior to joining USTelecom, she held several roles at the FCC, including Acting Wireline Advisor to Chairman Ajit Pai, Special Counsel in the Office of General Counsel, Legal Advisor to the Wireline Bureau Chief, and Attorney Advisor in the Wireline Competition Bureau. She also was detailed to the House Energy and Commerce Committee’s Communications and Technology Subcommittee where she worked on broadband infrastructure, net neutrality, and spectrum, among other connectivity matters. Before her legal career, Kristine led public service initiatives at the National Association of Broadcasters.
Kristine graduated from the George Mason University School of Law where she developed a dedicated communications law concentration, and for the past five years has served as an adjunct professor of Communications Law. She is an active member of the Federal Communications Bar Association and a former co-chair of its Young Lawyers Committee.
Partner, Wilkinson Barker Knauer LLP
Russell P. Hanser has nearly 20 years of experience working in communications law and commercial litigation. His practice focuses on the regulation of next-generation broadband services and IP-enabled applications, information privacy, Universal Service, intercarrier compensation, and a range of other issues faced by the information and communications technology industry. Mr. Hanser’s clients include wireline carriers, mobile wireless providers, cable operators, Internet service providers, equipment manufacturers, private equity funds, and investment advisors.
Prior to joining the firm, Mr. Hanser worked at the FCC, where he held senior positions in the Wireline Competition Bureau and the Office of General Counsel, and served as wireline Legal Advisor in the Office of Commissioner Kathleen Abernathy. He is an Adjunct Professor at the Catholic University of America's Columbus School of Law, where he teaches telecommunications law. He has previously been an Adjunct Professor of Law at the University of New Hampshire Law School and the George Washington University Law School. Following law school, Mr. Hanser clerked for Judge Norman H. Stahl on the United States Court of Appeals for the First Circuit.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
Co-Founder & Former CTO, CrowdStrike
With more than a decade of experience in the field of information security, Alperovitch is a leading inventor of numerous patent-pending technologies and has conducted extensive research on reputation systems, spam detection, public-key and identity-based cryptography, and network intrusion detection and prevention.
As a recognized authority on online organized criminal activity, cyber warfare, and cybersecurity, Alperovitch has significant experience working as a subject matter expert with all levels of US and international law enforcement on analysis, investigations, and profiling of transnational organized criminal activities and cyberthreats from terrorist and nation-state adversaries. He is frequently quoted as an expert source in national publications, including the Associated Press, NBC, the New York Times, USA Today, and the Washington Post.
Alperovitch holds a master’s degree in information security and a bachelor’s degree in computer science, both from Georgia Institute of Technology.
Founder and Executive Director, National Security Institute; Assistant Professor of Law, Antonin Scalia Law School, George Mason University
Jamil N. Jaffer is the Founder and Executive Director of the National Security Institute at the Antonin Scalia Law School at George Mason University where he also serves as an Assistant Professor of Law, Director of the National Security Law and Policy Program, and Director of the Cyber, Intelligence, and National Security LLM Program. Jamil also teaches classes on counterterrorism, intelligence, surveillance, cybersecurity, and other national security matters, as well as a summer course held abroad with U.S. Supreme Court Justice Neil M. Gorsuch. Jamil is also affiliated with Stanford University’s Center for International Security and Cooperation and previously served as a Visiting Fellow at the Hoover Institution from 2016 to 2019.
Jamil is also a Venture Partner with Paladin Capital Group, where he assists the firm with investments across the full range of its themes and theses, including a focus on dual-use national security technologies. Jamil also serves on the board of directors of RangeForce, a cybersecurity training and readiness platform startup and Tozny, a digital identity startup, and on the advisory boards of U.S. Strategic Metals, North America’s largest primary producer of cobalt, a critical mineral used in EV batteries, aerospace, and other national security applications; and Constella Intelligence, a deep and dark web intelligence startup. Jamil also serves as an advisor to Beacon Global Strategies, a strategic advisory firm and Duco, a technology platform startup that connects corporations with geopolitical and international business experts. Jamil is also the managing director of Trigraph Caveat Capital, a private investment vehicle.
Among other things, Jamil currently serves on the Board of Directors for the Greater Washington Board of Trade, the Board of Advisors for the Global Cyber Alliance, and the Advisory Board of the Foundation for the Defense of Democracies’ Center on Cyber and Tech Innovation, the Executive Committee of the Reagan Institute Strategy Group. Jamil is also a Fellow at the Academy for Judaic, Christian, and Islamic Studies, an advisor to the Concordia Summit, and is a member of the Board of Directors for the Center for Intelligence Policy, the Board of Directors of Speech First, and the Executive Committee of the International Law and National Security Practice Group of the Federalist Society.
Immediately prior to his current positions, from 2015-2021, Jamil served as a senior business leader at IronNet Cybersecurity, helping take the company from a bootstrapped first-year technology products startup through two rounds of venture capital fundraising, growing from 40 employees to over 300, and through its listing on New York Stock Exchange. In his role as IronNet's Senior Vice President for Strategy, Partnerships & Corporate Development, Jamil worked directly for the co-CEOs of the company, Gen (ret.) Keith B. Alexander, the former Director of the National Security Agency and Founding Commander of U.S. Cyber Command, and Bill Welch, the former COO of Zscaler and Duo; in that role, Jamil led all of the company’s strategic and technology partnership efforts, including developing go-to-market and technology integration plans with some of the largest cloud platforms and cybersecurity companies in the market, evaluating potential acquisition targets, and developing overall corporate strategy and thought leadership around collective security and collaborative defense in the cyber arena.
Prior to his time at IronNet, Jamil served on the leadership team of the Senate Foreign Relations Committee as Chief Counsel and Senior Advisor under Chairman Bob Corker (R-TN), where he worked on key national security and foreign policy issues, including leading the drafting of the proposed Authorization for the Use of Military Force against ISIS in 2014 and 2015, the AUMF against Syria in 2013, and revisions to the 9/11 AUMF against al Qaeda. Jamil was also the lead architect of the Iran Nuclear Agreement Review Act and two sanctions laws against Russia for its first intervention in Ukraine.
Prior to joining SFRC, Jamil served as Senior Counsel to the House Permanent Select Committee on Intelligence under Chairman Mike Rogers (R-MI) where he led the committee’s oversight of NSA surveillance, NRO intelligence issues, and NGA analytic and collection matters, as well as intelligence community-wide counterterrorism issues. Jamil was also the lead architect of the Cyber Intelligence Sharing and Protection Act, the nation’s first cyber threat intelligence sharing legislation that was signed into law in 2015.
In the Bush Administration, Jamil served in the White House as an Associate Counsel to the President, handling Defense Department, State Department, and intelligence community matters, and serving as one of the White House Counsel’s primary representatives to the National Security Council Deputies Committee.
Prior to the White House, Jamil served on the leadership team of the Justice Department’s National Security Division as Counsel to the Assistant Attorney General for National Security, where he focused on counterterrorism and intelligence matters. At NSD, Jamil helped lead the division’s work on In re: Directives, the first ever two-party litigated matter in the FISA Court and the second case before the FISA Court of Review in its 30-year history. Jamil also led NSD’s efforts on the President’s Comprehensive National Cybersecurity Initiative (CNCI), including the drafting of NSPD-54/HSPD-23, and related classified matters, and advised the National Security Agency (NSA) and U.S. Cyber Command’s predecessor organization, the Joint Function Component Command for Network Warfare (JFCC-NW), on matters related to cyber intelligence collection and offensive cyber activities. For his work on these matters, Jamil was awarded the Assistant Attorney General’s Award for Special Initiative and was among the group of lawyers awarded the Director of National Intelligence’s 2008 Legal Award (Team of the Year – Cyber Legal).
Jamil also served in other positions in the Justice Department, including in the Office of Legal Policy, where he worked on the confirmations of Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. to the United States Supreme Court.
Jamil also served as a lawyer in private practice at Kellogg Huber, a Washington, DC-based litigation boutique, as a policy advisor to Congressman Bob Goodlatte (R-VA), and as a staff member or senior advisor on a number of political campaigns, including two presidential campaigns and a presidential transition team. While in law school, Jamil was a member of the University of Chicago Law Review, managing editor of the Chicago Journal of International Law, and National Symposium Editor of the Harvard Journal of Law & Public Policy. Following law school, Jamil served as a law clerk to Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit and, later in his career, as a law clerk to then-Judge Neil M. Gorsuch when he first joined the United States Court of Appeals for the Tenth Circuit as well as a law clerk to Justice Neil Gorsuch when he joined the U.S. Supreme Court.
Jamil has published multiple op-eds and academic articles on national security, foreign policy, cybersecurity, counterterrorism, encryption, and intelligence matters, and is the co-author of a book chapter with former NSA Director Gen. (Ret.) Keith B. Alexander on national security and the press in National Security, Leaks, and the Freedom of the Press: The Pentagon Papers Fifty Years On (2021) and a book chapter with former CIA Director Gen. (ret.) Mike Hayden on ISIS, al Qaeda, and other international terrorist groups in Choosing to Lead: American Foreign Policy for a Disordered World (2015). Jamil has also written book chapters on cybersecurity and surveillance, as well as op-eds and policy papers with former Attorney General Michael B. Mukasey, former National Counterterrorism Center Director Matt Olsen, and Congressman Mike Waltz (R-FL), among others.
Jamil has previously taught graduate-level courses in intelligence law and policy at George Washington University’s Elliott School of International Affairs and the National Intelligence University, served an outside advisor to the Cyberspace Solarium Commission, and has recently testified before committees of the U.S. Senate and House of Representatives on China, cybersecurity, counterterrorism, and other national security matters. Jamil has also recently appeared on a range of national television and radio outlets including CNN, Fox News, Fox Business, MSNBC, Bloomberg, PBS, Voice of America, and National Public Radio, and in various print and online publications, including the Wall Street Journal, New York Times, and the Washington Post on a range of national security matters including cybersecurity, counterterrorism, surveillance, encryption, privacy, and foreign policy issues.
Jamil holds degrees from UCLA (BA, cum laude), the University of Chicago Law School (JD, with honors), and the United States Naval War College (MA, with distinction).
Courthouse Steps Oral Argument: Trump v. Mazars USA and Trump v. Vance
Devin Watkins
Three cases before the Supreme Court consider the ability of grand juries and congressional committees...
Courthouse Steps Decision Teleforum: NY State & Rifle Pistol Association Inc. v. City of New York
David H. Thompson
Criminal Law & Procedure and Civil Rights Co-Sponsored Practice Group Teleforum
Please join Amy Swearer of the Heritage Foundation and David Thompson of Cooper & Kirk...
Courthouse Steps Oral Argument Teleforum: McGirt v. Oklahoma
Anthony J. Ferate, Taiawagi "Tai" Helton, Andy Lester
Tribal jurisdiction is again before the Supreme Court. Following November 2018 arguments, Chief Justice John...
The Restoring Internet Freedom Order on Remand: Next Steps for the Federal Communications Commission
Matthew A. Brill, Kristine (Fargotstein) Hackman, Russell P. Hanser, Lawrence J. Spiwak
In Mozilla v. FCC, the D.C. Circuit upheld the Federal Communications Commission’s 2018 Restoring Internet...
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Making China Pay For Coronavirus Wrongs
The costs and harms that accrue daily from China’s negligence -- framed generously -- in...
Ensuring Due Process at the Surface Transportation Board
Lawrence J. Spiwak
Federalist Society Review, Volume 21
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
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The Deepfake and National Security
An amalgamation of the terms “deep learning” and “fake,” the term “deepfake” first entered our...
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It’s Time to Resolve the 2014 AWS-3 Auction Designated Entity Dispute
Throughout his tenure, many of Federal Communications Commission Chairman Ajit Pai’s resources have been spent...
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Religious Liberty Challenge Rejected by the High Court
On Friday, in SOUTH BAY UNITED PENTECOSTAL CHURCH, ET AL.v. GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, ET...
Deep Dive Episode 115 – Public-Private Partnerships: The Future of Cybersecurity?
Dmitri Alperovitch, Jamil N. Jaffer
Regulatory Transparency Project's Fourth Branch Podcast
While most agree cybersecurity is a vital part of modern national security and see cyber-attacks...