Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Jason Torchinsky is a partner at Holtzman Vogel Josefiak PLLC, specializing in campaign finance, election law, lobbying disclosure and issue advocacy groups. Politico recently named him one of the “50 Politicos to Watch,” and in 2007, Campaigns and Elections Magazine named him a “Rising Star of Politics.”
In addition to his practice counseling clients on compliance with campaign finance, ethics laws, lobbying disclosure and election laws, Mr. Torchinsky has served as lead counsel in a number of litigation matters. Representative matters in the redistricting area include Louisiana House of Representatives v. Holder (D.D.C.) (Section 5 pre-clearance action), City of Sandy Springs v. Holder (D.D.C.) (Section 5 bailout action), and Fletcher v. Lamone (D. Md.) (challenging Maryland’s Congressional Districting map). In the campaign finance context, he is currently representing clients in Alliance for America’s Future v. State (Nevada Supreme Court) and Van Hollen v. Federal Election Commission (D.D.C.) (Representing intervenor defendants). He has also represented Virginia candidates in recounts and voter registration challenges before various Virginia Circuit Courts.
Mr. Torchinsky frequently lectures on campaign finance redistricting and ethics related subjects and provides commentary to the media on election related matters.
Prior to joining the firm, Mr. Torchinsky was Counsel to the Assistant Attorney General for the Civil Rights Division at the United States Department of Justice. During the 2004 election cycle, he served as Deputy General Counsel to Bush-Cheney ’04 and Deputy General Counsel to the 2005 Presidential Inaugural Committee.
He holds a B.A. in Government and Public Policy from the College of William and Mary and a J.D. from the College of William and Mary School of Law. He is a member of the Virginia Bar, the District of Columbia Bar, the Republican National Lawyers Association and the Federalist Society.
Founder, Bunch O Balloons
Josh Malone quit his corporate job in 2006 to take his shot at the American (Inventor’s) Dream. Eight years later, savings depleted and orthodontics and college unfunded, he took one last swing before trudging back to the corporate world. And hit the homerun with Bunch O Balloons. His solution to the 63 year old problem of filling and tying water balloons instantly became the number one selling spring/summer toy. It was just as quickly knocked off resulting in a patent litigation now totaling 6 patents, 5 patent suits, 5 PTAB petitions/trials, 4 preliminary injunctions, and 8 appeals at the Federal Circuit. He is currently a Fellow with US Inventor working to restore the patent system.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Associate Counsel and Director of Intellectual Property Policy, Biotechnology Innovation Organization
Melissa Brand is Associate Counsel and Director of Intellectual Property Policy at the Biotechnology Innovation Organization (BIO).
Professor of Law and Director, Intellectual Property and Information Law Program, Benjamin N. Cardozo School of Law, Yeshiva University
Saurabh Vishnubhakat is a Professor of Law and Director of the Intellectual Property and Information Law Program at Cardozo Law. He is also a Research Fellow at the Duke Law Center for Innovation Policy and a Senior Scholar at the George Mason University Center for IP and Innovation Policy. Previously, he held joint appointments as a Professor of Law and Professor of Engineering at Texas A&M University.
Professor Vishnubhakat’s expertise is in intellectual property, administrative law and federal litigation, especially from an empirical perspective. His legal writings have been cited in federal judicial opinions, agency regulations and over two dozen Supreme Court briefs. His latest work is published or forthcoming in the Indiana Law Journal, the Washington and Lee Law Review and the Iowa Law Review as well as the peer-reviewed Journal of the Copyright Society of the USA and the Journal of Economic Perspectives.
His research explores the interaction of the U.S. intellectual property system with federal courts and agencies, among other topics. With a background in the natural sciences, Professor Vishnubhakat brings a scientific mindset to legal thinking and is dedicated to teaching students how to build arguments with analytical rigor.
Prior to his appointment at Texas A&M, Professor Vishnubhakat served in the United States Patent and Trademark Office as principal legal advisor to that agency’s first two chief economists. He was also a faculty fellow at Duke Law School, where he co-taught patent law and was a postdoctoral associate at the Duke Center for Public Genomics, where he researched law and policy issues surrounding innovation in genetics and biomedicine.
Professor Vishnubhakat holds both a J.D. and LL.M. in intellectual property from the University of New Hampshire Franklin Pierce School of Law, where he was an editor of the Law Review. He also holds a B.S. in chemistry from the Georgia Institute of Technology. He is admitted to the bars of Texas, Illinois, the U.S. Court of Appeals for the Federal Circuit and the Supreme Court of the United States.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
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.
State of Alaska v. Alaska Democratic Party
Jason Torchinsky
In State of Alaska v. Alaska Democratic Party, the Supreme Court of Alaska affirmed a lower...
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New Hampshire Supreme Court Advisory Committee on Rules Considers ABA Model Rule 8.4(g)
The New Hampshire Supreme Court Advisory Committee on Rules has before it three proposed rules,...
Enforcing Patents for Bunch O Balloons
Josh Malone, Adam Mossoff, Ilan Wurman, Melissa Brand, Saurabh Vishnubhakat
Regulatory Transparency Project's Fourth Branch Video
Josh Malone, inventor of Bunch O Balloons, describes his struggle to enforce the patents for...
Courthouse Steps: Epic Systems Corp. v. Lewis Decided
Christopher C. Murray
Labor & Employment Law Practice Group Teleforum
On May 21, the Supreme Court decided Epic Systems v. Lewis; a consolidated case with...
Special Prosecutors in the U.S.
Steven G. Calabresi
Criminal Law & Procedure and Federalism & Separation of Powers Practice Groups Teleforum
On May 13, the Wall Street Journal published an op-ed by Steve Calabresi, co-founder of...
The Hubris of Judges Threatens Our Ability to Govern Ourselves
The Pennsylvania Supreme Court issued a ruling in February establishing new congressional voting districts for...
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Why is EPA’s Transparency Proposal Controversial?
EPA recently proposed a new rule it calls “Strengthening Transparency in Regulatory Science.” Its stated...
Courthouse Steps: Murphy v. National Collegiate Athletic Association Decided
Elbert Lin
Federalism & Separation of Powers Practice Group Teleforum
On Monday, May 14, 2018, the Supreme Court decision came down in Murphy v. National...
Topics
CLASSICS Act Provides Long Overdue Recognition for Legacy Recording Artists
A version of this essay originally appeared on the Center for the Protection of Intellectual...
Preview: Frank v. Gaos
Theodore "Ted" Frank
Litigation Practice Group Teleforum
On April 30, the Supreme Court granted cert in Frank v. Gaos, an appeal of...