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.
Associate Professor of Law, Brigham Young University J. Reuben Clark Law School
Eric Talbot Jensen teaches and writes in the areas of Public International Law, Criminal Law, The Law of Armed Conflict, International Criminal Law, and National Security Law. His recent scholarship has appeared in the Texas, Temple, Houston, and Israel Law Reviews, as well as the Stanford Law and Policy Review, Virginia Journal of International Law, Vanderbilt Journal of Transnational Law, and Stanford Journal of International Law. Professor Jensen is a co-author on an Oxford University text analyzing application of the laws of war to the war on terror and is also co-authoring a law school casebook on the Law of Armed Conflict for Aspen Publishing.
Prior to joining the BYU law faculty in 2011, Professor Jensen spent 2 years teaching at Fordham Law School in New York City and 20 years in the United States Army as both a Cavalry Officer and as a Judge Advocate. During his time as a Judge Advocate, Professor Jensen served in various positions including as the Chief of the Army’s International Law Branch; Deputy Legal Advisor for Task Force Baghdad; Professor of International and Operational Law at The Judge Advocate General’s Legal Center and School; legal advisor to the US contingent of UN Forces deployed to Skopje, Macedonia as part of UNPREDEP; and legal advisor in Bosnia in support of Operation Joint Endeavor/Guard.
Partner, Sullivan & Cromwell LLP
Eric Kadel is engaged in a wide variety of corporate, transactional and regulatory matters. He is a member of the Firm’s Corporate and Finance, Financial Services, Investment Management, Alternative Investment Management, Cybersecurity, and Commodities, Futures and Derivatives Groups. With regard to financings, Mr. Kadel regularly represents participants in capital markets transactions, and dealers and end users in connection with structuring and documenting a wide variety of swaps and other derivatives, including equity, credit default and commodity swaps, options and forwards. Mr. Kadel’s work in the investment management area includes advising public and private investment companies and investment advisers on a wide variety of transactional, regulatory, compliance and other matters, including registration and regulation. Mr. Kadel also advises clients of the Firm regarding developments in the laws regulating the financial services industry and on cybersecurity issues. Mr. Kadel is currently an adjunct professor at George Washington University Law School.
In addition, Mr. Kadel is one of the principal partners in the Firm’s International Trade and Investment practice. He counsels and represents clients on questions about U.S. economic sanctions, including those administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), United States antiboycott requirements under the Export Administration Regulations administered and enforced by the Commerce Department’s Office of Antiboycott Compliance within the Bureau of Industry and Security, Bank Secrecy Act/anti‐money laundering laws and the U.S. Foreign Corrupt Practices Act (“FCPA”). Mr. Kadel’s practice includes analysis of proposed transactions and business relationships; due diligence and design and review of compliance procedures and strategies; and internal investigations, voluntary disclosures and government enforcement actions. Mr. Kadel also regularly advises clients regarding questions arising under Exon-Florio and the transaction review process administered by the Committee on Foreign Investment in the United States (“CFIUS”), and has represented clients before CFIUS on many national security reviews.
Professor Emeritus of Law, Antonin Scalia Law School, George Mason University
Jeremy A. Rabkin is a Professor Emeritus of Law at the Antonin Scalia Law School, George Mason University. Before joining the faculty in June 2007, he was for over two decades a professor in the Department of Government at Cornell University. Professor Rabkin serves on the board of directors of the Center for Individual Rights, a public interest law firm based in Washington, D.C. Previously he was a board member of the U.S. Institute of Peace and the board of academic advisors of the American Enterprise Institute.
Professor Rabkin’s books include Law Without Nations? (Princeton University Press, 2005). He authored “If You Need a Friend, Don’t Call a Cosmopolitan,” a chapter in Varieties of Sovereignty and Citizenship (Sigal R. Ben-Porath & Rogers M. Smith eds., University of Pennsylvania Press, 2012). His articles have appeared in major law reviews and political science journals and his journalistic contributions in a range of magazines and newspapers, including the Washington Post and the Wall Street Journal.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Assistant Clinical Professor of Law & Director, Religious Freedom Clinic, Harvard Law School
Josh is the Director of Harvard Law School’s Religious Freedom Clinic, a pro bono program that gives students a hands-on, supervised experience representing a diverse group of clients in First Amendment and religious freedom cases.
Before entering clinical teaching, Josh clerked for the Honorable Cormac J. Carney of the U.S. District Court for the Central District of California and the Honorable Jay S. Bybee of the U.S. Court of Appeals for the Ninth Circuit. In addition to serving as a staff attorney in the clinic’s inaugural semester in 2020, he was previously a trial litigator at Munger, Tolles & Olson and an appellate litigator at Horvitz & Levy, where he specialized in representing individual and organizational clients in both commercial and civil rights cases, with particular expertise in First Amendment and religious freedom issues.
While in private practice, Josh received a Daily Journal 2022 California Lawyer Attorneys of the Year (CLAY) award, was twice named a “One to Watch” in appellate law by Best Lawyers, and argued in numerous appellate courts and courts of last resort, including twice before the California Supreme Court. His amicus brief for Jewish schools in a case before the U.S. Supreme Court was quoted by Justice Kavanaugh at oral argument.
Josh earned his B.A., magna cum laude, from Brigham Young University and graduated first in his class from UCLA School of Law.
Founder, Libertas-West Project
Karen Lugo is a constitutional law consultant and national security analyst. She was Director of the Center for Tenth Amendment at Texas Public Policy Foundation from 2013 to 2015. When living in California, she was Co-Director of the Center for Constitutional Jurisprudence Center. From 2005 – 2012, she was a clinical visiting and adjunct professor at Chapman University School of Law where she co-taught the advanced Constitutional Law Clinic. Karen has co-authored and written circuit-level and Supreme Court amicus briefs on such issues as FISA Surveillance, Healthcare Reform, Arizona’s Border Security, Gay Marriage, The Ten Commandments, Eminent Domain, Christian Clubs on University Campuses, and Material Support for Terrorists.
Karen is the founder of the Libertas-West Project, a center for study Islamic integration and radicalization issues. In this capacity, she consulted with the Center for Security Policy to write a book on local over-watch of mosque construction and community engagement called: Mosques in America: A Guide to Accountable Permit Hearings and Continuing Citizen Oversight.
Karen writes and speaks for European and American groups on the importance of basing assimilation efforts on principles of Western exceptionalism. She presented a policy brief to the French Conseil d’Etat analyzing the legal implications of banning the burqa. Ms. Lugo has written one of the most comprehensive overviews of sharia law in American courts, American Family Law and Sharia-Compliant Marriages, for the Federalist Society law journal, Engage. She has written several white papers on the American Law for American Courts legislation and sharia tribunals in America.
Ms. Lugo was an appointee to the California Advisory Committee to the U.S. Commission on Civil Rights. She also taught a Human Rights law course on the contrast between French and English Enlightenment theories in Strasbourg, France.
Until moving from California, Ms. Lugo was a member of the David Horowitz Freedom Center Board of Directors. She was also a regular guest on the Orange County PBS local issues debate program, Inside OC, and she is a contributor to Pajamas Media, National Review Online, City Journal, American Spectator, American Greatness, Townhall.com, American Thinker, Daily Caller, and Family Security Matters. She has been interviewed by dozens of radio hosts and has spoken for civic groups on constitutional and cultural concerns.
Attorney at Law, Solo Practitioner
Herb Grey was admitted to the Oregon State Bar in 1981 and for the first 14 years practiced mostly insurance defense litigation in state and federal courts. Since 1994 he has been a solo practitioner in Beaverton with a general civil practice that includes estate planning, probate, protective proceedings, general business matters and a variety of litigation in both state and federal courts. Herb also has extensive experience in litigation of constitutional and civil rights claims with an emphasis on religious liberty and conscience matters. He is admitted to practice before all Oregon trial and appellate courts, as well as the U.S. District Court for Oregon, the Ninth Circuit Court of Appeals and the United States Supreme Court.
Senior Counsel, Senior Vice President of Corporate Engagement, Alliance Defending Freedom
Jeremy Tedesco serves as senior counsel and senior vice president of corporate engagement for Alliance Defending Freedom. In this role, Tedesco leads ADF’s efforts to combat corporate cancel culture and build a business ethic that respects free speech, religious freedom, and human dignity.
Immediately preceding his current role, Tedesco served as senior vice president for communications, during which time he was a lead convener of the Philadelphia Statement, a movement dedicated to restoring free speech and civil discourse. Tedesco also launched a regular video series called Freedom Matters, profiling ADF clients, cases, and issues. The program included 24 videos in its first year, which more than 31 million people viewed.
Previously, Tedesco litigated First Amendment cases at the highest levels. He was part of the legal team that represented cake artist Jack Phillips in Masterpiece Cakeshop v. Colorado Civil Rights Commission before the U.S. Supreme Court and argued Phillips’ case at the Colorado Court of Appeals. He was also the lead brief writer in two other U.S. Supreme Court wins, Reed v. Town of Gilbert and Arizona Christian School Tuition Organization v. Winn. Tedesco has also argued six times before five different federal appellate courts and founded and directed the ADF Center for Conscience Initiatives, where he led efforts to protect individuals from government-coerced speech.
Numerous media outlets, including The Wall Street Journal, Fox News, CNN, The New York Times, USA Today, PBS, NPR, and National Review, have interviewed Tedesco or published his comments.
Tedesco earned his Juris Doctor in 2004 from the Regent University School of Law.
Professor of Law and Co-Director, High Tech Law Institute, Santa Clara University School of Law
Eric Goldman is a Professor of Law, and Co-Director of the High Tech Law Institute, at Santa Clara University School of Law. Before he became a full-time academic in 2002, he practiced Internet law for 8 years in the Silicon Valley. His research and teaching focuses on Internet, IP and advertising law topics, and he blogs on these topics at the Technology & Marketing Law Blog [http://blog.ericgoldman.org]. Managing IP magazine has twice named him to a shortlist of North American “IP Thought Leaders,” and he has been named an “IP Vanguard” by the California State Bar’s IP Section.
Senior Fellow and Academic Director, Penn Carey Law School
Gus Hurwitz is a Senior Fellow and the Academic Director of the Center for Technology, Innovation & Competition and the University of Pennsylvania Carey Law School where he is working to develop academic and scholarly programs at the intersecution of law, technology, and policy.
He is also Director of Law & Economics Programs at the International Center for Law & Economics (ICLE), a think tank based in Portland, Oregon, where he directs its law and economics-focused research program and helps to translate academic research into applied policy issues.
Hurwitz's research focuses on the regulation of technology, including administrative and regulatory law, antitrust law, torts and products liability, and media law - alongside cognate fields. Inrecent years he has worked on an AI standardization initiative with Seoul National University, a UNICEF-organized study of broadband deployment to public schools in Rwanda, and a book on conglomerate and ecosystems theories of antitrust.
He has published over 30 articles and book chapters, two books (one on cybersecurity law & policy, one on media regulation in the digital era) and have two more in process, over 100 shorter writings (op-eds, shorter analyses, blog posts, &c), hosted over 100 podcast episodes, and regularly appear or am quoted in popular media (including the NY Times, Wall Street Journal, Washington Post, and Associated Press). His work has been cited by legislators, federal courts of appeals, and federal regulatory agencies.
He was previously a full professor and founding director of the Governance & Technology Center at the University of Nebraska, prior to which he was the inaugural research fellow at the Center for Technology, Innovation & Competition (CTIC). From 2007 to 2010, he was a trial attorney with the U.S. Department of Justice Antitrust Division in the Telecommunications and Media Enforcement Section.
He also is, or has been, affiliated with the Classical Liberal Institute at New York University School of Law, the National Security Institute at George Mason University, and the American Enterprise Institute (AEI).
Before attending law school, Hurwitz worked at Los Alamos National Lab and interned at the Naval Research Lab. During this time his work was recognized by the Federal Laboratory Consortium, Los Alamos National Lab, IEEE & ACM, Corporation for Education Network Initiatives in California, R&D Magazine, and even the Guinness Book of World Records.
A current list of Hurwitz’s publications is available on his website: GusHurwitz.net.
Partner, Covington & Burling
As Partner, Covington & Burling, Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws. She co-chairs the firm’s Artificial Intelligence Initiative.
In addition to assisting clients engage strategically with the Federal Trade Commission, Federal Communications Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.
Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence, data processing for Internet of Things devices, behavioral advertising, endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, e-mail marketing, telecommunications, and new technologies.
Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.
Topics
Docket Watch: Cooper v. Berger et al.
“A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.” ...
Hunsucker v. Fallin
Anthony J. Ferate
With certain limited exceptions, the Oklahoma Supreme Court has in the past followed the U.S....
The Third Annual Mike Lewis Memorial Teleforum: Cyberwar and International Law
Eric Jensen, Eric J. Kadel, Jeremy A. Rabkin
There is broad agreement that international law applies to cyber conflict. There is less agreement...
Topics
Docket Watch: Hunsucker v. Fallin
With certain limited exceptions, the Oklahoma Supreme Court has in the past followed the U.S....
Ohio v. American Express: The Decision [SCOTUSbrief]
Joshua D. Wright
Short video featuring Joshua Wright
How does antitrust law apply to multisided markets like credit card platforms and ridesharing companies?...
California Cannabis Coalition v. City of Upland
Joshua C. McDaniel
The Initiative Power in California: Can Voters Restrict Their Own Power to Impose Taxes?
Unlike our federal structure of government, which places the legislative power exclusively in the hands...
Topics
Docket Watch: California Cannabis Coalition v. City of Upland
Unlike our federal structure of government, which places the legislative power exclusively in the hands...
Topics
What Does DOJ’s Statement of Interest Filed in the Harvard Case Mean?
Recently, the Department of Justice filed a Statement of Interest in a lawsuit against Harvard University...
Civil Rights Commissions: Enforcers of Social Justice
Karen J. Lugo, Herbert G. Grey, Jeremy Tedesco
Whether called Human Rights, Human Relations, or Civil Rights Commissions, many cities and counties and...
Examining the California Consumer Privacy Act
Eric Goldman, Justin (Gus) Hurwitz, Lindsey L. Tonsager
Regulatory Transparency Project Teleforum
On June 28, 2018, the California legislature enacted the California Consumer Privacy Act of 2018...