Columnist, The Washington Post
Richard Cohen writes a weekly political column for The Washington Post. He also contributes to the PostPartisan blog. Cohen joined The Post in 1968 as a reporter and covered night police, city hall, education, state government and national politics. As the paper’s chief Maryland correspondent, he was one of two reporters who broke the story of the investigation of former Vice President Agnew. In 1976, he began writing a column that ran on the front of the Metro section. His columns have appeared on the op-ed page of The Post since 1984. He is the author, with Jules Witcover, of “A Heartbeat Away: The Investigation and Resignation of Spiro T. Agnew ” (1974). He has received the Sigma Delta Chi and Washington-Baltimore Newspaper Guild Awards for his investigative reporting.
Managing Director and Co-Chair, Communications, Media, and Internet Practice, NERA Economic Consulting
Dr. Eisenach is a Managing Director and Co-Chair of NERA's Communications, Media, and Internet Practice, and also serves on the firm’s Board of Directors. He is also an Adjunct Professor at George Mason University Law School, where he teaches Regulated Industries, and a Visiting Scholar at the American Enterprise Institute. Previously, Dr. Eisenach has served in senior policy positions at the US Federal Trade Commission and the White House Office of Management and Budget, and taught at Harvard University's Kennedy School of Government and Virginia Polytechnic Institute and State University.
Dr. Eisenach's consulting practice focuses on economic analysis of competition, regulatory, intellectual property and consumer protection issues. He has submitted expert reports and testified in US federal court as well before the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, the Copyright Royalty Board, the Federal Communications Commission, the International Trade Commission, US Tax Court, several state public utility commissions, and courts and regulatory bodies in Australia, Canada, the United Kingdom, the Caribbean, and South America. He has also advised clients in some of the world’s largest information technology sector mergers.
He has written or edited 19 books and monographs, including Broadband Competition in the Internet Ecosystem and Competition, Innovation and the Microsoft Monopoly: Antitrust in the Digital Marketplace. His writings have also appeared in scholarly journals such as The Review of Network Economics, as well as in popular outlets like Forbes, The New York Times, and The Wall Street Journal.
Prior to joining NERA, Dr. Eisenach was a managing director and principal at Navigant Economics, and before that he served as Chairman of Empiris LLC, Criterion Economics, and CapAnalysis, LLC. Among his other previous affiliations, Dr. Eisenach has served as President and Senior Fellow at The Progress & Freedom Foundation; as a scholar the Heritage Foundation, and the Hudson Institute; as a member of the 1980-81 Reagan-Bush Transition Team on the Federal Trade Commission, the 2000-2001 Bush-Cheney Transition Team on the Federal Communications Commission, the Virginia Governor's Commission on E-Communities, and the Virginia Attorney General's Task Force on Identity Theft. In 2016-2017 he led the Trump-Pence Transition Team for the Federal Communications Commission.
Dr. Eisenach received his PhD in economics from the University of Virginia and his BA in economics from Claremont McKenna College.
Former United States Representative, 14th Congressional District of Texas
PAUL, Ronald Ernest, (father of Rand Paul), a Representative from Texas; born in Pittsburgh, Allegheny County, Pa., August 20, 1935; graduated from Dormont High School, Dormont, Pa., 1953; B.A., Gettysburg College, Gettysburg, Pa., 1957; M.D., Duke University Medical Center, Durham, N.C., 1961; internship and residency training, Henry Ford Hospital, Detroit, Mich., 1961 and 1962; obstetrics and gynecology training, University of Pittsburgh, Pittsburgh, Pa., 1965-1968; medical doctor; United States Air Force, 1963-1965; United States Air National Guard, 1965-1968; delegate, Texas state Republican convention, 1974; unsuccessful candidate for election to the Ninety-fourth Congress in 1974; elected as a Republican to the Ninety-fourth Congress, by special election to fill the vacancy created by the resignation of United States Representative Robert R. Casey (April 3, 1976-January 3, 1977); unsuccessful candidate for reelection to the Ninety-fifth Congress in 1976; elected to the Ninety-sixth and to the two succeeding Congresses (January 3, 1979-January 3, 1985); was not a candidate for reelection to the House of Representatives in 1984, but was an unsuccessful candidate for nomination to the United States Senate; author; unsuccessful Libertarian Party candidate for election for President of the United States in 1988; elected as a Republican to the One Hundred Fifth and to the seven succeeding Congresses (January 3, 1997-January 3, 2013); unsuccessful candidate for the Republican presidential nomination in 2008; unsuccessful candidate for the Republican presidential nomination in 2012; was not a candidate for reelection to the One Hundred Thirteenth Congress in 2012.
Former Assistant Attorney General, U.S. Department of Justice, Civil Division
During the Reagan Administration, Richard Willard served as Assistant Attorney General in charge of the Civil Division, the largest litigation division of the US Department of Justice. There, he chaired the Reagan Administration's Tort Policy Working Group and developed its proposals for reforming civil litigation, workplace drug testing, and preventing unauthorized disclosure of classified information.
More recently, he served as senior vice president and general counsel for Bristol-Myers Squibb Co. and Gillette Company, where he led large worldwide legal departments, advised on strategic transactions, and enabled launch of new products with strong intellectual property protection.
Mr. Willard's private practice involved corporate counseling and litigation of cases raising public policy concerns. He served as lead counsel in complex litigation involving multiple claims, parties, and jurisdictions. He frequently appeared in trial and appellate courts around the country, including six arguments in the Supreme Court.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Partner, Wiley Rein
Brandon defends companies and their executives in complex civil and criminal cases involving alleged healthcare fraud, the False Claims Act (FCA), whistleblower allegations, the Foreign Corrupt Practices Act (FCPA), antitrust, regulatory violations, and contract and procurement fraud. She has extensive experience shepherding life sciences companies, government contractors, not-for-profits, and technology companies through internal investigations and responding to subpoenas and civil investigative demands (CIDs). She also advises a broad range of companies on compliance programs, privacy, telecommunications, compliance, Team Telecom, and new media issues.
Partner, Wiley Rein LLP
Mark represents government contractors and telecommunications companies facing federal investigations, whistleblower complaints, and civil enforcement actions. He navigates responses to civil investigative demands from the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC), as well as inquiries and subpoenas from the Federal Communications Commission (FCC), Inspectors General, and Congress. He also leads internal investigations for companies to assess potential misconduct by employees. Mark is a co-chair of Wiley Rein’s Communications Enforcement & Compliance Group.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Partner, Co-chair of the Litigation & Trial Practice Group, Alston & Bird LLP
Adam Biegel is co-chair of Alston & Bird’s Litigation & Trial Practice Group and former co-chair of its Antitrust Team. He has substantial experience representing clients on antitrust counseling and litigation matters, including those involving government and internal investigations, mergers and joint ventures, pricing and distribution, compliance counseling and training, pre-merger reviews under the Hart-Scott-Rodino (HSR) Act, and multidistrict litigation. He regularly represents clients before the U.S. Department of Justice (DOJ) Antitrust Division, Federal Trade Commission (FTC) and state attorneys general, and in federal courts.
Adam is recognized for his antitrust experience by Chambers USA and selected to The Best Lawyers in America®, including his recognition as “Lawyer of the Year” for Antitrust Litigation in Washington, D.C., in 2022. He is a longtime member of the American Bar Association Antitrust Law Section’s leadership, currently serving as co-chair of its In-House Counsel Task Force and previously having served on its board, and chaired its Corporate Counseling Committee, Long Range Planning Committee, and Spring Meeting conference. He also serves on the board of the Federalist Society’s antitrust practice group.
Adam served as a law clerk to the Hon. Frank M. Hull, U.S. Court of Appeals for the Eleventh Circuit. Before attending law school, he worked as a newspaper reporter in Arkansas and on the legislative staff of U.S. Senator Orrin Hatch.
Attorney, MoloLamken LLC
Lauren M. Weinstein is an attorney in MoloLamken's Washington, D.C. office. Her practice focuses on trial and appellate litigation, representing clients before the United States Supreme Court, the federal courts of appeals, and other federal and state courts. Her practice covers a broad array of subject matters, including antitrust law, class actions, constitutional law, business litigation, and securities suits. Prior to joining MoloLamken, Ms. Weinstein served as a law clerk to the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit and the Honorable John G. Koeltl of the United States District Court for the Southern District of New York. Ms. Weinstein received her B.A. from Northwestern University and J.D. from Harvard Law School.
Partner, Paul, Weiss
Andrew Finch is co-chair of the Antitrust Practice Group and a partner in the Litigation Department. He recently rejoined the firm from the U.S. Department of Justice’s Antitrust Division, where he served as Principal Deputy Assistant Attorney General (April 2017-August 2019) and as Acting Assistant Attorney General (April-September 2017), overseeing all aspects of the Antitrust Division’s operations. A seasoned and pragmatic antitrust counselor and litigator, Andrew has extensive experience with civil and criminal antitrust investigations, litigation and appeals.
EXPERIENCE
Andrew’s practice focuses on antitrust investigations and litigation, both criminal and civil, including merger reviews. At the Antitrust Division, Andrew oversaw dozens of major merger reviews; supervised multiple litigations; negotiated civil and criminal settlements, including consent decrees involving divestitures, plea agreements and deferred prosecution agreements; and represented the Antitrust Division in meetings with other federal agencies, members of Congress, state attorneys general and foreign competition authorities. Throughout his tenure, Andrew played a leadership role in developing and implementing Antitrust Division policies and priorities, including the Division’s new policy regarding the consideration of effective antitrust compliance programs in criminal enforcement decisions. Andrew also has spoken extensively in the United States and abroad about antitrust issues relating to “big data” and technology platforms, acquisitions of nascent competitors, and the application of antitrust law to intellectual property disputes and standard-development organizations.
In private practice, Andrew has represented a broad range of clients, including in the financial services industry, payment networks, insurance, manufacturing, steel production, public performing rights, petroleum refining, publishing, retailing, shipping and air transportation industries, among others. Andrew’s notable representations include:
Between 2003 and 2005, Andrew served as Counsel to the Assistant Attorney General in the Antitrust Division. While at the DOJ, he participated in drafting the joint report of the DOJ and FTC, Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition, and contributed to the Report of the DOJ’s Task Force on Intellectual Property.
Andrew served as a law clerk to the Honorable Dennis G. Jacobs in the U.S. Court of Appeals for the Second Circuit. At the University of Chicago Law School, Andrew was a John M. Olin Student Fellow in Law and Economics, the Topics and Comments Editor of The University of Chicago Law Review, and was elected to the Order of the Coif.
Andrew is a member of the American Bar Association’s Section of Antitrust Law, and currently serves on the ABA’s Task Force on the Future of Competition Law Standards. He previously served as vice-chair of the Books and Treatises Committee, as vice-chair of the Civil Practice and Procedure Committee, as a member of the Editorial Board of Antitrust Law Developments (Sixth), and as a principal editor of the Handbook on Interlocking Directorates.
Since 2014, Andrew has been recognized by Chambers USA as a leading lawyer in Antitrust. Clients commented that Andrew “is a very smart lawyer [who] has a very keen understanding of antitrust matters from the government perspective.” Following his tenure as one of the senior leadership of the Antitrust Division at the DOJ, Chambers USA has recognized Andrew as an “Eminent Practitioner” in the Antitrust (New York) category for his wide-ranging knowledge across criminal and civil antitrust issues. He is also highly recommended by The Legal 500 in the Antitrust: Cartel, Antitrust: Civil Litigation/Class Actions: Defense and Antitrust: Merger Control categories.
Andrew is a member of the Board of Directors of the School of American Ballet.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Improving National Drug Policy [Archive Collection]
Richard Cohen, Jeffrey Eisenach, Ron Paul, Richard K. Willard
Second Annual National Lawyers Convention
On September 9, 1988, then-presidential candidate Ron Paul spoke on a panel at the Federalist...
Does Legalizing Uber and Lyft "Take" The Property Of Taxi Companies?
Ilya Somin
Over the last few years, taxi companies in several cities have brought lawsuits claiming that...
Courthouse Steps Decision Teleforum: Cochise Consultancy Inc. v. United States, ex rel. Hunt
Brandon Moss, Mark B. Sweet
Criminal Law & Procedure Practice Group Teleforum
This teleforum will discuss the Supreme Court argument in United States ex rel. Hunt v....
Roundup Weedkiller Litigation
David Bernstein
In a series of recent decisions, both federal and state courts have allowed the admission...
Topics
What Does the Fed Know that Nobody Else Knows?
When it comes to the financial and economic future, everybody is myopic. Nobody can see...
Topics
Baldwin v. U.S.: Will the Chevron Doctrine Be Refined or Overruled?
In Baldwin v. United States, No. 17-55115 (filed April 16, 2019), the United States...
Topics
An Unprecedented Conflict Between the FTC and DOJ at the Intersection of Antitrust and Patent Law
The Federal Trade Commission’s lawsuit against Qualcomm under the antitrust laws has led to an...
Courthouse Steps: What Does the Supreme Court’s Decision in Apple v. Pepper Mean for Antitrust Law and the U.S. Economy?
Adam Biegel, Lauren Weinstein, Andrew Corydon Finch
Corporations, Antitrust, and Securities Practice Group Teleforum
On May 13, 2019, the U.S. Supreme Court ruled 5-4 that Apple may face antitrust...
Executive Privilege and Congressional Oversight
John G. Malcolm, John C. Yoo
What is the proper balance between Congressional oversight and Executive privilege? As it becomes clear...
Topics
A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris
Introduction In a recent article[1] Joe Kattan and Tim Muris (K&M) criticize our article[2] on...