Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
General Counsel and Vice-President of Litigation, Washington Legal Foundation
Cory Andrews is General Counsel and Vice-President of Litigation for the Washington Legal Foundation (WLF). As counsel of record for WLF and other clients, he has authored more than 100 briefs, at petition and merits stages, in the U.S. Supreme Court. He also frequently litigates in state and federal appellate courts. Before joining WLF, Cory practiced trial and appellate law for White & Case LLP, where he litigated in state and federal courts on behalf of clients in the telecommunications, hospitality, and banking industries. He received his J.D. magna cum laude from the University of Florida, where he was Editor-in-Chief of the Florida Law Review and elected to the Order of the Coif. Upon graduation, Cory served as a law clerk to the Honorable Steven D. Merryday of the U.S. District Court for the Middle District of Florida.
Senior Vice President and Litigation Director, Institute for Justice
Dana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.
The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.
On issues of free speech and economic liberty, Dana successfully defended Carla Main and Encounter Books, who wrote and published a book about eminent domain abuse in Texas and across the country, against a defamation suit brought by a developer who stood to receive property taken by eminent domain. She secured a victory in favor of two New Orleans entrepreneurs in a federal First Amendment challenge to the city of New Orleans’ ban on sidewalk book vending. As trial counsel, Dana also secured a ruling that the Nevada Transportation Services Authority violated the rights of several would-be limousine entrepreneurs by subjecting them to an onerous and arbitrary licensing process that gave undue power to existing companies opposing competition. And she successfully represented an aspiring teacher of African hair braiding in Mississippi, as well as two of her students, challenging restrictions on learning and teaching African hair braiding in Mississippi.
In 2012, Dana became IJ’s Litigation Director. She now oversees all of IJ’s litigation, helping other attorneys craft both their major legal theories and their day-to-day litigation strategies. And she helps to set the litigation directions that IJ will take. In 2016, Dana began her role as IJ’s Senior Vice President.
Dana authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report on the use and threatened use of eminent domain for private development in the year since the Kelo decision. Dana also authored Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain, the first-ever nationwide study on the abuse of eminent domain, released in 2003.
Dana has been quoted in The New York Times, USA Today, Wall Street Journal, NPR and The Washington Post as well as on various radio and television broadcasts, including 60 Minutes.
Dana received her law and undergraduate degrees from Yale University where she was a member of the Yale Law Journal and represented clients through the legal services program. After law school, she clerked for Judge Jerry Smith on the 5th U.S. Circuit Court of Appeals.
Dana Berliner is a member of the DC and Pennsylvania bars.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
Shareholder and Co-Chair, Workplace Safety & Health (OSHA/MSHA) Practice Group, Littler Mendelson P.C.
Bradford T. Hammock's national practice focuses on all aspects of occupational safety and health law. In particular, he provides invaluable assistance to employers in a preventive practice, including: conducting full-scale safety and health compliance audits; reviewing and revising corporate safety and health policies; and conducting manager and supervisor training on employee safety and health
Mr. Hammock works closely with employers to help them understand and implement safety and health management systems. In addition, he represents employers throughout OSHA rulemaking proceedings, including OSHA’s informal public hearings on proposed rules. He also defends employers against OSHA enforcement actions. For an employer that is the target of an OSHA inspection, he offers representation from the start of the inspection through settlement or litigation.
Prior to joining Littler, Mr. Hammock was the Washington, D.C. region office managing principal of a large national firm representing management in workplace law matters. He was previously an OSHA attorney within the Department of Labor, serving as lead counsel for safety standards. He is widely regarded as one of the nation’s most knowledgeable attorneys on the topics of OSHA recordkeeping, crystalline silica, and ergonomics.
Mr. Hammock is a popular guest speaker and lecturer on OSHA issues. He has published numerous articles on occupational safety and health law. While attending law school, he was editor-in-chief of the Syracuse Journal of International Law and Commerce, and associate editor of The Labor Lawyer.
Alida graduated from Duke University with a degree in history and earned her J.D. from the Georgetown University Law Center.
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Dean; J. Gilbert Reese Chair in Contract Law, Moritz College of Law, The Ohio State University
Kent Barnett is the 21st dean of the Michael E. Moritz College of Law at The Ohio State University and the J. Gilbert Reese Chair in Contract Law. He is focused on bringing people in—by enriching the College’s inclusive community and increasing financial support for students—and then bringing them up—by focusing on community-building, career development, and rigorous legal training.
As a scholar of separation of powers and administrative law, his scholarship has been published in, among other places, the New York University, Michigan, Duke, Vanderbilt, and Notre Dame Law Reviews. Barnett’s work has been cited by leading administrative law casebooks, federal district and appellate courts, and the U.S. Supreme Court. He has taught contracts and sales, consumer law, legal ethics, and administrative law.
Prior to joining Ohio State, Barnett served as the Associate Dean for Academic Affairs and the J. Alton Hosch Professor at the University of Georgia School of Law. He received the C. Ronald Ellington Award for Excellence in Teaching, the school’s highest teaching honor, and was selected to serve as a faculty marshal by three graduating classes for commencement ceremonies. Barnett also clerked for Judge John Rogers of the U.S. Court of Appeals for the Sixth Circuit and practiced law at Weil, Gotshal & Manges in its complex commercial litigation and appellate groups.
After years as an appointed public member, Barnett is a Senior Fellow of the Administrative Conference of the United States (ACUS) and was the chair of AALS Administrative Law Section.
Lyle T. Alverson Professor of Law, George Washington University Law School
Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
48th Vice President of the United States
Michael R. Pence was born in Columbus, Indiana, on June 7, 1959, one of six children born to Edward and Nancy Pence. As a young boy he had a front row seat to the American Dream. After his grandfather immigrated to the United States when he was 17, his family settled in the Midwest. The future Vice President watched his Mom and Dad build everything that matters—a family, a business, and a good name. Sitting at the feet of his mother and his father, who started a successful convenience store business in their small Indiana town, he was raised to believe in the importance of hard work, faith, and family.
Vice President Pence set off for Hanover College, earning his bachelor’s degree in history in 1981. While there, he renewed his Christian faith which remains the driving force in his life. He later attended Indiana University School of Law and met the love of his life, Second Lady Karen Pence.
After graduating, Vice President Pence practiced law, led the Indiana Policy Review Foundation, and began hosting The Mike Pence Show, a syndicated talk radio show and a weekly television public affairs program in Indiana. Along the way he became the proud father to three children, Michael, Charlotte, and Audrey.
Growing up in Indiana, surrounded by good, hardworking Hoosiers, Vice President Pence always knew that he needed to give back to the state and the country that had given him so much. In 2000, he launched a successful bid for his local congressional seat, entering the United States House of Representatives at the age of 40.
The people of East-Central Indiana elected Vice President Pence six times to represent them in Congress. On Capitol Hill he established himself as a champion of limited government, fiscal responsibility, economic development, educational opportunity, and the U.S. Constitution. His colleagues quickly recognized his leadership ability and unanimously elected him to serve as Chairman of the House Republican Study Committee and House Republican Conference Chairman. In this role, the Vice President helped make government smaller and more effective, reduce spending, and return power to state and local governments.
In 2013, Vice President Pence left the nation’s capital when Hoosiers elected him the 50th Governor of Indiana. He brought the same limited government and low tax philosophy to the Indiana Statehouse. As Governor, he enacted the largest income tax cut in Indiana history, lowering individual income tax rates, the business personal property tax, and the corporate income tax in order to strengthen the State’s competitive edge and attract new investment and good-paying jobs. Due to his relentless focus on jobs, the state’s unemployment rate fell by half during his four years in office, and at the end of his term, more Hoosiers were working than at any point in the state’s 200-year history.
As Governor of Indiana, Vice President Pence increased school funding, expanded school choice, and created the first state-funded Pre-K plan in Indiana history. He made career and technical education a priority in every high school. Under Vice President Pence’s leadership, Indiana, known as “The Crossroads of America,” invested more than $800 million in new money for roads and bridges across the state. Despite the record tax cuts and new investments in roads and schools, the state remained fiscally responsible, as the Vice President worked with members of the Indiana General Assembly to pass two honestly balanced budgets that left the state with strong reserves and AAA credit ratings that were the envy of the nation.
It was Indiana’s success story, Vice President Pence’s record of legislative and executive experience, and his strong family values that prompted President Donald Trump to select Mike Pence as his running mate in July 2016. The American people elected President Donald Trump and Vice President Pence on November 8, 2016. President Donald Trump and Vice President Pence entered office on January 20, 2017.
In February 2021, Vice President Mike Pence joined the Heritage Foundation as a distinguished visiting fellow. The Heritage Foundation helped shape Vice President Mike Pence’s conservative philosophy for decades and played a pivotal role advancing conservative policies throughout the Trump Administration. Vice President Pence also joined Young America’s Foundation as the Ronald Reagan Presidential Scholar. Long before Mike Pence became Vice President to President Donald Trump, the vision and leadership of Ronald Reagan inspired his youth.
Vice President Mike Pence remains grateful for the grace of God, the love and support of his family, and the blessings of liberty that are every American’s birthright.
Co-Chairman, The Federalist Society for Law and Public Policy Studies
Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.
Courthouse Steps Decision: Home Depot U.S.A., Inc. v. Jackson
Theodore "Ted" Frank
The Class Action Fairness Act permits "any defendant" to remove a class action to federal...
Emulex Corp v. Varjabedian - Post-Decision SCOTUScast
Cory L. Andrews
SCOTUScast featuring Cory Andrews
On April 23, 2019, just one week after argument, the Supreme Court decided Emulex Corp....
Litigation Update: Love Terminal Partners v. United States
Dana Berliner, Nancie G. Marzulla
A 2018 federal circuit court ruling rejected compensation to the plaintiff in a case in...
OSHA in 2019: A Review of What has Occurred and a Look Ahead
Bradford T. Hammock
The Occupational Safety and Health Administration (OSHA) continues to make headlines in both the regulatory...
Henry Schein, Inc v. Archer and White Sales Inc. AND Lamps Plus, Inc. v. Varela - Post-Decision SCOTUScast
Alida Kass
SCOTUScast featuring Alida Kass
On January 8, 2019, the Supreme Court decided Henry Schein Inc. v. Archer and White...
Payday Lending Loans
Todd J. Zywicki
Financial Services Practice Group and Regulatory Transparency Project Teleforum
One of the final acts of former Bureau of Consumer Financial Protection (CFPB) Director Richard...
Courthouse Steps Decision: Herrera v. Wyoming
On May 20, 2019, the U.S. Supreme Court issued a 5-4 ruling in the case...
Litigation Update: Biestek v. Berryhill
Kent Barnett, Richard J. Pierce
In Biestek v. Berryhill, the Supreme Court held that agencies can rely on an expert...
Topics
The New Hampshire Supreme Court Is Taking Comments Through May 31
The New Hampshire Supreme Court is holding a public comment period through this Friday, May...
Keynote Address by Vice President Michael R. Pence
Mike Pence, Leonard A. Leo
Seventh Annual Executive Branch Review Conference
The seventh annual Executive Branch Review Conference took place on May 8, 2019, at the...