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; Thomas Smith Senior Research Fellow, The Civitas Institute, University of Texas at Austin
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley. He is also the Thomas Smith 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.
He is a co-author of volumes 1 and 2 of R. Rossum, G. Tarr, V. Munoz & J. Yoo American Constitution Law (Routledge, 2026), and a co-editor of the eight-volume series on the 250th anniversary of the American Revolution, We Hold These Truths, with Yuval Levin and Adam White of the American Enterprise Institute.
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 the University of Texas at Austin’s School of Civic Leadership, Seoul National University, the Interdisciplinary Center Herzliya, Keio University, Trento University, 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 Founding Forward, the Washington Legal Foundation, the Pacific Legal Foundation, the Ulysses Grant Institute, 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 the Heritage Foundation’s Edwin Meese III Originalism Lectureship.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Courthouse Steps Decision Teleforum: Cochise Consultancy Inc. v. United States, ex rel. Hunt
Brandon Moss, Mark B. Sweet
Criminal Law & Procedure Practice Group Teleforum
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Roundup Weedkiller Litigation
David Bernstein
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What Does the Fed Know that Nobody Else Knows?
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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...
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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...
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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...
Deep Dive Episode 52 – Race In Admissions: Texas Tech Medical School
Roger B. Clegg
Regulatory Transparency Project's Fourth Branch Podcast
The Texas Tech Medical School recently approved an agreement with the United States Department of...
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The Flaws in the Latest Proposal to Break Up Big Tech
A lot has been written about Senator Warren’s proposal to break up tech platforms. Two...