Partner, Skadden, Arps, Slate
John Beisner is the leader of Skadden’s Mass Torts, Insurance and Consumer Litigation Group. He focuses on the defense of purported class actions, mass tort matters and other complex civil litigation in both federal and state courts. He also regularly handles appellate litigations and has appeared in matters before the U.S. Supreme Court. Over the past 25 years, he has defended major U.S. and international corporations in more than 600 purported class actions filed in federal courts and in 40 state courts at both the trial and appellate levels. Those class actions have involved a wide variety of subjects, including antitrust/unfair competition, consumer fraud, RICO, ERISA, employment discrimination, environmental issues, product-related matters and securities. He also has handled numerous matters before the Judicial Panel on multidistrict litigation, as well as proceedings before various federal and state administrative agencies, particularly the National Highway Traffic Safety Administration and the Consumer Product Safety Commission.
Mr. Beisner has advised on numerous high-visibility corporate crisis situations, including congressional hearings, federal agency investigations, state attorneys general inquiries and General Accounting Office reviews. Among others, he represented Merck in its Vioxx litigation. He also negotiated a settlement with state attorneys general regarding the Countrywide Finance/Bank of America mortgage lending practices investigation, resulting in a creative loan modification program intended to help more than 400,000 families maintain ownership of their homes. He was named “Litigator of the Week” by The American Lawyer for his role in this case.
Mr. Beisner is a frequent writer and lecturer on class action and complex litigation issues. In 2013 he received the Burton Award for Legal Achievement, which recognizes excellence in legal scholarship. Mr. Beisner also has been an active participant in litigation reform initiatives before Congress, state legislatures and judicial committees. He has testified numerous times on class action and claims aggregation issues before the U.S. Senate and House Judiciary Committees (particularly with respect to the Class Action Fairness Act of 2005) and before state legislative committees. For his integral role in crafting the Class Action Fairness Act, Mr. Beisner was recognized with the 2011 Research and Policy Award by The U.S. Chamber Institute for Legal Reform.
Mr. Beisner repeatedly has been selected for inclusion, and is in the top tier, inChambers USA: America's Leading Lawyers for Business in the area of products liability, and he also is listed in The Best Lawyers in America, The Legal 500 U.S., Who’s Who Legal and Lawdragon 500 Leading Lawyers in America. Mr. Beisner was profiled in an article by The American Lawyer that named Skadden as a finalist in the products liability section of its Litigation Department of the Year contest (January 2012). He was named one of the 2013 “BTI Client Service All-Stars” by The BTI Consulting Group for providing outstanding client service. He also was named one of Law360’s MVPs of 2011 in the products liability category, which recognizes those who have raised the bar in corporate law throughout the year. Law360 also profiled Mr. Beisner in two articles that named Skadden as a “Product Liability Group Of The Year” and“Class Action Group Of The Year” for 2010.
A list of the numerous published federal and state court decisions in which Mr. Beisner has played a role is available on request.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Partner, Butler Snow LLP
Brian Jackson has 25 years of experience representing clients in drug and medical device litigation, healthcare litigation, and mass torts. His experience includes serving as national coordinating counsel, national science counsel, and trial counsel in drug and medical device cases. He is currently serving as Co-Lead Counsel in federal multidistrict litigation for a leading medical device manufacturer. He had extensive responsibilities in the Tylenol MDL and related state litigation, including serving as trial counsel in the past three years in a case tried in Atlantic City, NJ that resulted in a defense verdict that CVN named one of its “Top 10 Defense Verdicts of 2015,” and in a case tried in the United States District Court for the Central District of California that resulted in a favorable outcome. Brian earned his J.D. from Vanderbilt University, and serves as the Assistant Leader of Butler Snow’s Pharmaceutical, Medical Device & Healthcare Litigation Group.
Partner, Seeger Weiss LLP
Chris is a founding partner of Seeger Weiss and one of the nation’s leading attorneys in the areas of complex and mass tort actions. He has earned leadership appointments from state and federal courts throughout the U.S. in many noteworthy multi-district litigations, including pharmaceutical actions involving Vioxx, Zyprexa, Gadolinium, and DePuy ASR, among others. In 2012, the U.S. District Court for the Eastern District of Pennsylvania appointed Chris to lead the multi-district litigation against the National Football League arising out of concussion-related injuries sustained by thousands of former NFL players. In the face of significant legal challenges, he was able to negotiate an uncapped global settlement with an estimated value of over one billion dollars. In 2016, he was appointed to the Plaintiffs' Steering Committee for the MDL concerning the Volkswagen diesel emissions scandal, in the U.S. District Court, Northern District of California. Chris served on the Settlement Committee and was one of the lead negotiators of a $14.7 billion settlement which includes a massive buyback program for consumers and billions of dollars for environmental remediation. He was also appointed Plaintiffs' Co-Lead Counsel for the Testosterone Replacement Therapy litigation in the Northern District of Illinois; as Co-Lead Counsel in the Proton Pump Inhibitor multidistrict litigation in the U.S. District Court for the District of New Jersey; to the Executive and Settlement Committees for the National Prescription Opiate litigation in the Northern District of Ohio; to the Plaintiffs’ Settlement Committee, serving as Lead Negotiator, for the Syngenta GMO Corn litigation, resulting in a $1.5 billion nationwide settlement. Recent appointments include: Co-Lead Counsel in the 3M Combat Arms Earplug Products Liability Litigation, in the Northern District of Florida, where Chris represents thousands of U.S. military members who have suffered hearing loss and tinnitus; and Co-Lead Counsel in the Intel CPU Marketing, Sales Practices and Products Liability litigation in the District of Oregon. He is an elected member of the American Law Institute; a member of the Board of Advisors to the NYU School of Law, Center on Civil Justice; and serves on the Leadership Council to the Bolch Judicial Institute at Duke Law School.
Jonathan D. Selbin litigates consumer protection and defective products lawsuits as chair of Lieff Cabraser’s Economic Injury Product Defect Practice Group and member of the firm’s Executive Committee. He led a series of class actions under the Telephone Consumer Protection Act and developed the legal strategy responsible for the largest settlements in TCPA history. By 2016, the settlements resulted in the recovery of over $200 million dollars. Mr. Selbin is also a member of the inaugural Board of Counselors for Equal Justice Works, author of the certiorari opposition papers in the Whirlpool and Sears cases in the Supreme Court, and a 1993 magna cum laude graduate of Harvard Law School.
A partner in the Litigation Department, David M. Bernick is a renowned trial lawyer and strategist, having acted as lead trial counsel for major U.S. and international corporations in the chemical, tobacco, technology and life sciences industries for 35 years. His experience spans complex class action and other aggregated litigation, mass torts and product liability, antitrust and competition, business restructuring and reorganization, mergers and acquisitions, corporate governance, securities and criminal environmental litigation. In 2016, Mr. Bernick was named the winner in the “Litigation: Business Trial Lawyers” category of the 2016 Chambers USA Awards. Bernick has a Masters from Yale, and graduated from the University of Chicago Law School.
Judge Robreno received a B.A. in History from Westfield State University, an M.S. in Labor Studies from the University of Massachusetts at Amherst, Massachusetts, and a J.D. from Rutgers Law School at Camden, New Jersey, where he served as articles editor of the law review. He was in private practice in Philadelphia, Pennsylvania from 1981-1992. At the time of his induction to the bench he was a partner in a large Philadelphia law firm. From 1978-1981, he served as a trial attorney for the United States Department of Justice Antitrust Division and Special Assistant U.S. Attorney. Throughout his nearly twenty five years judicial career, Judge Robreno has carried a full docket of civil and criminal cases. He is the author of over 1800 judicial opinions. Since 2008, Judge Robreno has presided over MDL-875 personal injury asbestos litigation, the largest multi-district litigation in the federal courts where he has been praised for resolving over 180,000 cases consisting of some 10 million claims. During his judicial career, in addition to his assignment as a District Judge in the Eastern District of Pennsylvania, he has sat by designation with the Court of Appeals for the Third Circuit, and Eleventh Circuit, the Ninth Circuit and the District Courts in New Jersey, Delaware and Western District of Pennsylvania. He is currently sitting by designation in the District of Delaware.
Partner, Seeger Weiss LLP
Chris is a founding partner of Seeger Weiss and one of the nation’s leading attorneys in the areas of complex and mass tort actions. He has earned leadership appointments from state and federal courts throughout the U.S. in many noteworthy multi-district litigations, including pharmaceutical actions involving Vioxx, Zyprexa, Gadolinium, and DePuy ASR, among others. In 2012, the U.S. District Court for the Eastern District of Pennsylvania appointed Chris to lead the multi-district litigation against the National Football League arising out of concussion-related injuries sustained by thousands of former NFL players. In the face of significant legal challenges, he was able to negotiate an uncapped global settlement with an estimated value of over one billion dollars. In 2016, he was appointed to the Plaintiffs' Steering Committee for the MDL concerning the Volkswagen diesel emissions scandal, in the U.S. District Court, Northern District of California. Chris served on the Settlement Committee and was one of the lead negotiators of a $14.7 billion settlement which includes a massive buyback program for consumers and billions of dollars for environmental remediation. He was also appointed Plaintiffs' Co-Lead Counsel for the Testosterone Replacement Therapy litigation in the Northern District of Illinois; as Co-Lead Counsel in the Proton Pump Inhibitor multidistrict litigation in the U.S. District Court for the District of New Jersey; to the Executive and Settlement Committees for the National Prescription Opiate litigation in the Northern District of Ohio; to the Plaintiffs’ Settlement Committee, serving as Lead Negotiator, for the Syngenta GMO Corn litigation, resulting in a $1.5 billion nationwide settlement. Recent appointments include: Co-Lead Counsel in the 3M Combat Arms Earplug Products Liability Litigation, in the Northern District of Florida, where Chris represents thousands of U.S. military members who have suffered hearing loss and tinnitus; and Co-Lead Counsel in the Intel CPU Marketing, Sales Practices and Products Liability litigation in the District of Oregon. He is an elected member of the American Law Institute; a member of the Board of Advisors to the NYU School of Law, Center on Civil Justice; and serves on the Leadership Council to the Bolch Judicial Institute at Duke Law School.
Counsel in the Complex Commercial Litigation department at McGuireWoods LLP. Co-author of The Class Action Playbook (Oxford Univ. Press 2010). Blogs at the Class Action Countermeasures blog at classactioncountermeasures.com.
A partner in the Litigation Department, David M. Bernick is a renowned trial lawyer and strategist, having acted as lead trial counsel for major U.S. and international corporations in the chemical, tobacco, technology and life sciences industries for 35 years. His experience spans complex class action and other aggregated litigation, mass torts and product liability, antitrust and competition, business restructuring and reorganization, mergers and acquisitions, corporate governance, securities and criminal environmental litigation. In 2016, Mr. Bernick was named the winner in the “Litigation: Business Trial Lawyers” category of the 2016 Chambers USA Awards. Bernick has a Masters from Yale, and graduated from the University of Chicago Law School.
Judge Robreno received a B.A. in History from Westfield State University, an M.S. in Labor Studies from the University of Massachusetts at Amherst, Massachusetts, and a J.D. from Rutgers Law School at Camden, New Jersey, where he served as articles editor of the law review. He was in private practice in Philadelphia, Pennsylvania from 1981-1992. At the time of his induction to the bench he was a partner in a large Philadelphia law firm. From 1978-1981, he served as a trial attorney for the United States Department of Justice Antitrust Division and Special Assistant U.S. Attorney. Throughout his nearly twenty five years judicial career, Judge Robreno has carried a full docket of civil and criminal cases. He is the author of over 1800 judicial opinions. Since 2008, Judge Robreno has presided over MDL-875 personal injury asbestos litigation, the largest multi-district litigation in the federal courts where he has been praised for resolving over 180,000 cases consisting of some 10 million claims. During his judicial career, in addition to his assignment as a District Judge in the Eastern District of Pennsylvania, he has sat by designation with the Court of Appeals for the Third Circuit, and Eleventh Circuit, the Ninth Circuit and the District Courts in New Jersey, Delaware and Western District of Pennsylvania. He is currently sitting by designation in the District of Delaware.
Partner, Seeger Weiss LLP
Chris is a founding partner of Seeger Weiss and one of the nation’s leading attorneys in the areas of complex and mass tort actions. He has earned leadership appointments from state and federal courts throughout the U.S. in many noteworthy multi-district litigations, including pharmaceutical actions involving Vioxx, Zyprexa, Gadolinium, and DePuy ASR, among others. In 2012, the U.S. District Court for the Eastern District of Pennsylvania appointed Chris to lead the multi-district litigation against the National Football League arising out of concussion-related injuries sustained by thousands of former NFL players. In the face of significant legal challenges, he was able to negotiate an uncapped global settlement with an estimated value of over one billion dollars. In 2016, he was appointed to the Plaintiffs' Steering Committee for the MDL concerning the Volkswagen diesel emissions scandal, in the U.S. District Court, Northern District of California. Chris served on the Settlement Committee and was one of the lead negotiators of a $14.7 billion settlement which includes a massive buyback program for consumers and billions of dollars for environmental remediation. He was also appointed Plaintiffs' Co-Lead Counsel for the Testosterone Replacement Therapy litigation in the Northern District of Illinois; as Co-Lead Counsel in the Proton Pump Inhibitor multidistrict litigation in the U.S. District Court for the District of New Jersey; to the Executive and Settlement Committees for the National Prescription Opiate litigation in the Northern District of Ohio; to the Plaintiffs’ Settlement Committee, serving as Lead Negotiator, for the Syngenta GMO Corn litigation, resulting in a $1.5 billion nationwide settlement. Recent appointments include: Co-Lead Counsel in the 3M Combat Arms Earplug Products Liability Litigation, in the Northern District of Florida, where Chris represents thousands of U.S. military members who have suffered hearing loss and tinnitus; and Co-Lead Counsel in the Intel CPU Marketing, Sales Practices and Products Liability litigation in the District of Oregon. He is an elected member of the American Law Institute; a member of the Board of Advisors to the NYU School of Law, Center on Civil Justice; and serves on the Leadership Council to the Bolch Judicial Institute at Duke Law School.
Counsel in the Complex Commercial Litigation department at McGuireWoods LLP. Co-author of The Class Action Playbook (Oxford Univ. Press 2010). Blogs at the Class Action Countermeasures blog at classactioncountermeasures.com.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Ms. Malini Moorthy has been Head of the Litigation Department of Bayer Corporation since July 30, 2014. When she left Pfizer Inc., Ms. Moorthy spent many years as a litigation associate at law firms in the United States and Canada, including the New York office of Salans, and Genest Murray Desbrisay Lamek and McCarthy Tetrault, both in Toronto. Before beginning her corporate law career, Ms. Moorthy served as Executive Director of Free the Children in Toronto, an international children’s organization dedicated to ending the exploitation of children and empowering them through leadership development and training. Ms. Moorthy serves as the chair of the Advisory Council of the Duke Law Distinguished Lawyers Series and is on the Board of Directors of the National Center for Law and Economic Justice. She received her bachelor’s degree with honors in political science and economics from the University of North Carolina at Chapel Hill, where she was a Morehead Scholar, and her law degree from Queen’s University in Ontario, Canada, where she was the editor of the Queen’s Law Review.
Tim has had a multifaceted and storied career. For many years, Tim was a national trial lawyer with the firm of Shook, Hardy and Bacon. He handled mass tort cases for pharmaceutical, medical device and chemical companies. Tim was lead counsel in a number of high-profile trials for clients around the country and served as lead counsel in a medical device MDL. While in private practice, he was named a Leading National Products Liability Lawyer by Chambers USA, one of the Top 500 Litigators in America by Lawdragon, and one of the Best Lawyers in America. Tim taught at the National Institute for Trial Advocacy for many years and was a frequent speaker on legal topics, trial tactics and litigation strategy.
In 2008, Tim was recruited to become General Counsel and Corporate Secretary of Boston Scientific, a multinational medical device company. While there, Tim served on the Company's Executive Committee and was responsible for worldwide management of the company's Legal organization, Global Compliance, Government Affairs, Aviation, Global Security and other functions. He was also heavily involved in diversity and inclusion initiatives, the Boston Scientific Leadership Academy and innovative outside counsel management initiatives. Over his years at Boston Scientific, Tim was repeatedly awarded for his performance. In 2013, he was recognized by The Legal 500 and named to the "Corporate Counsel 100" list, which identifies the top most powerful corporate legal advisers in the United States. In 2016 he was honored by The Burton Awards as a “Legend in Law.” In 2016, he was flattered to receive the Valued Ally Award from Diversity Best Practices for his work in advancing diversity and inclusion.
Tim's work and influence is not limited to his work at Shook, Hardy and Boston Scientific. He has also worked with a number of organizations. Tim was on the Board and Executive Committee of AdvaMed, the trade association for the medical device industry. He is active in the prestigious and invitation-only Federation of Defense & Corporate Counsel (FDCC), where he served as President and Chairman. He currently serves as President of Lawyers for Civil Justice (LCJ), a group interested in improving the civil justice system in the United States. He had been a member of the boards for DRI and the New England Legal Foundation.
Managing Director, Berkeley Research Group
Dan Troy is Managing Director and an expert witness on FDA matters at Berkeley Research Group. Previously he served as Chief Counsel of the US Food and Drug Administration and General Counsel of GlaxoSmithKline PLC.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Ms. Malini Moorthy has been Head of the Litigation Department of Bayer Corporation since July 30, 2014. When she left Pfizer Inc., Ms. Moorthy spent many years as a litigation associate at law firms in the United States and Canada, including the New York office of Salans, and Genest Murray Desbrisay Lamek and McCarthy Tetrault, both in Toronto. Before beginning her corporate law career, Ms. Moorthy served as Executive Director of Free the Children in Toronto, an international children’s organization dedicated to ending the exploitation of children and empowering them through leadership development and training. Ms. Moorthy serves as the chair of the Advisory Council of the Duke Law Distinguished Lawyers Series and is on the Board of Directors of the National Center for Law and Economic Justice. She received her bachelor’s degree with honors in political science and economics from the University of North Carolina at Chapel Hill, where she was a Morehead Scholar, and her law degree from Queen’s University in Ontario, Canada, where she was the editor of the Queen’s Law Review.
Tim has had a multifaceted and storied career. For many years, Tim was a national trial lawyer with the firm of Shook, Hardy and Bacon. He handled mass tort cases for pharmaceutical, medical device and chemical companies. Tim was lead counsel in a number of high-profile trials for clients around the country and served as lead counsel in a medical device MDL. While in private practice, he was named a Leading National Products Liability Lawyer by Chambers USA, one of the Top 500 Litigators in America by Lawdragon, and one of the Best Lawyers in America. Tim taught at the National Institute for Trial Advocacy for many years and was a frequent speaker on legal topics, trial tactics and litigation strategy.
In 2008, Tim was recruited to become General Counsel and Corporate Secretary of Boston Scientific, a multinational medical device company. While there, Tim served on the Company's Executive Committee and was responsible for worldwide management of the company's Legal organization, Global Compliance, Government Affairs, Aviation, Global Security and other functions. He was also heavily involved in diversity and inclusion initiatives, the Boston Scientific Leadership Academy and innovative outside counsel management initiatives. Over his years at Boston Scientific, Tim was repeatedly awarded for his performance. In 2013, he was recognized by The Legal 500 and named to the "Corporate Counsel 100" list, which identifies the top most powerful corporate legal advisers in the United States. In 2016 he was honored by The Burton Awards as a “Legend in Law.” In 2016, he was flattered to receive the Valued Ally Award from Diversity Best Practices for his work in advancing diversity and inclusion.
Tim's work and influence is not limited to his work at Shook, Hardy and Boston Scientific. He has also worked with a number of organizations. Tim was on the Board and Executive Committee of AdvaMed, the trade association for the medical device industry. He is active in the prestigious and invitation-only Federation of Defense & Corporate Counsel (FDCC), where he served as President and Chairman. He currently serves as President of Lawyers for Civil Justice (LCJ), a group interested in improving the civil justice system in the United States. He had been a member of the boards for DRI and the New England Legal Foundation.
Managing Director, Berkeley Research Group
Dan Troy is Managing Director and an expert witness on FDA matters at Berkeley Research Group. Previously he served as Chief Counsel of the US Food and Drug Administration and General Counsel of GlaxoSmithKline PLC.
Partner, Hogan Lovells
Robert S. Bennett is a former federal prosecutor and a leading member of the defense bar. Bob is renowned in his field as an exceptional trial lawyer who has handled numerous high-profile cases and has represented corporations and individuals, including corporate directors and officers, in criminal, civil, SEC enforcement, and congressional matters. Bob has been listed repeatedly in various publications as one of the nation's most influential and successful litigators.
Bob regularly represents large companies in high-profile criminal investigations and complex civil actions, such as Enron, HealthSouth, KPMG, and BNP Paribas.
He also represents individuals in high-profile matters and has successfully represented two former Secretaries of Defense, Clark Clifford (Democrat) and Caspar Weinberger (Republican). He was President Clinton's personal lawyer in the Paula Jones case, and he represented New York Times reporter Judith Miller in the CIA leak investigation.
His robust background includes representing clients before congressional committees. In 1981 and 1982, he served as a legal consultant to the United States Senate Committee on Foreign Relations regarding the appointment of Alexander M. Haig, Jr. as Secretary of State, and he has served as special counsel to the United States Senate Committee on Ethics in several major investigations.
Bob advises management, audit committees, and boards of directors on Sarbanes-Oxley matters, and he assists boards and audit committees in conducting internal investigations.
Bob has co-chaired several American Bar Association National Institute programs on the defense of corporations and their officers in parallel grand jury and administrative agency investigations. He has also written and lectured on complex criminal and civil matters, and crisis management issues.
Judge, United States District Court, Eastern District of Arkansas
Lee Philip Rudofsky is a judge on the United States District Court for the Eastern District of Arkansas. Prior to his 2019 appointment by President Trump, Judge Rudofsky served as the Solicitor General of Arkansas, an Assistant General Counsel at Walmart, a Senior Litigation Associate at Kirkland & Ellis, and counsel to several Republican political campaigns. Today, in addition to his judicial service, Judge Rudofsky teaches law school classes on founding-era constitutional history and, separately, speaks to students across the country about the October 7th Massacre and the subsequent Israeli response. In 2024, Judge Rudofsky helped establish an annual judicial education mission to Israel that offers American judges the opportunity to learn first-hand about the Israeli legal system, Israeli society, and legal issues related to the Israel-Hamas war.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Trustee Professor of Law, New York Law School
From 1972-79, Schoenbrod served as one of the leaders of the Natural Resources Defense Council, where he campaigned to reduce lead in gasoline, resurrect the then-decrepit New York City subway, and protect the environment of Puerto Rico. Previously, he was Director of Program Development at the community development project that Senator Robert Kennedy established in Bedford Stuyvesant. He has also been a senior fellow at the Cato Institute and the American Enterprise Institute.
His books include
D.C. Confidential: Inside the Five Tricks of Washington (Encounter Books, 2017) with forewords by Governor Howard Dean and Senator Mike Lee;
Breaking the Logjam: Environmental Protection That Will Work (Yale University Press, 2010)(with Richard B. Stewart and Katrina M. Wyman);
Saving Our Environment from Washington: How Congress Grabs Power, Shirks Responsibility, and Shortchanges the People (Yale University Press, 2005);
Democracy by Decree: What Happens When Courts Run Government (Yale University Press, 2003) (with Ross Sandler); and
Power Without Responsibility: How Congress Abuses the People Through Delegation (Yale University Press, 1993).
In addition to writing scholarly articles, he has frequently contributed opinion pieces to the Wall Street Journal, The Hill, the New York Times, and other publications.
He has an undergraduate degree from Yale College, a graduate degree in economics from Oxford University, which he attended as a Marshall Scholar, and a law degree from Yale Law School.
Attorney, Public Citizen Litigation Group
Paul Alan Levy is an attorney with the Public Citizen Litigation Group, a public interest law firm that is a division of the consumer advocacy organization Public Citizen. Among the issues on which the group litigates are federal health and safety regulation, consumer litigation, open government, union democracy, separation of powers, and the First Amendment. PCLG litigates cases at all levels of the federal and state judiciaries and has a substantial practice before federal regulatory agencies.
After working as a law clerk to Honorable Wade H. McCree, Jr. (United States Court of Appeals, Sixth Circuit) and Special Assistant to Solicitor General McCree, Paul joined the Litigation Group in December 1977 to represent workers in rank-and-file labor law cases, largely representing dissident union members in cases involving union governance. He has been there ever since, with the exception of a one-year sabbatical when he taught at Cardozo Law School. Over the years, he also developed subspecialties in some arcane issues of federal procedure such as removal jurisdiction, and the representation of "lawyers in trouble" from sanctions, contempt findings and the like (these days, though, as a defense lawyer, he files sanctions motions). He also pioneered Public Citizen's work on federal preemption of state law claims and objecting to collusive class action settlements.
He has argued scores of cases in United States Court of Appeals (three en banc). Moreover, he has argued four cases in Supreme Court of the United States, as well as writing briefs for parties in seven other cases. One odd aspect of his Supreme Court practice is that each of these eleven cases was decided 9-0 – win or lose.
Paul has specialized more recently in free speech issues arising on the Internet. He has litigated cases in state and federal courts throughout the country about the identification of anonymous Internet speakers. His amicus curiae brief in Dendrite v. Doe, whose approach was adopted by New Jersey's Superior Court Appellate Division, has become the model for other cases. His Internet practice also includes the defense of trademark and copyright claims brought as a means of suppressing critical web sites. His cases in this area, such as Bosley Medical v. Kremer and Lamparello v. Falwell, have established the right to create internet “gripe" sites that include the trademark names of companies in their domain names and meta tags. In Smith v. Wal-Mart Stores and McCall v. National Security Agency, he defended the rights of parodists to make fun of Wal-Mart's trademarks and the seals of the NSA and Department of Homeland Security. In arguing against the issuance of prior restraints in Bank Julius Baer v. Wikileaks, he had the key insight that the case had been filed without subject matter jurisdiction. For several years, Paul chaired subcommittees (on domain name litigation or on keyword advertising) of the American Bar Association's Intellectual Property Section. He currently serves on the Legal Review Committee of the American Civil Liberties Union of the District of Columbia.
A description of his work in this area was published in the Washingtonian Magazine as “Paul Levy, the Web Bully's Worst Enemy." It is accessible at http://www.washingtonian.com/articles/people/paul-levy-the-web-bullys-worst-enemy/. His work was also recently described in Hill, Stars and Gripes: Legal challenges over online reviews seek to separate fact from fiction, ABA Journal (July 2016), available at http://www.abajournal.com/magazine/article/legal_challenges_over_online_reviews_seek_to_separate_fact_from_fiction.
Partner, Clare Locke LLP
Libby is one of the country’s most sought-after libel lawyers. She is a trusted counselor and fierce advocate for Fortune 100 companies and high-profile individuals facing existential reputational attacks from the national media and other influential publishers, achieving remarkable results for her clients both in and outside the courtroom. Court watchers have called her “as good as they get,” “aggressive and not afraid to litigate,” and someone who has the media savvy to handle high profile matters in the public eye.
After co-founding Clare Locke LLP in 2014, Libby rapidly rose to national prominence for a highly-publicized multi-million dollar trial victory against Rolling Stone magazine about a fabricated gang rape at a University of Virginia fraternity. In 2019, she was lead trial counsel and won a $26 million federal jury verdict on behalf of a successful North Carolina businessman who was defamed by a public company during a proxy fight. A commentator opined that “she was excellent in trial and she eviscerated the other side,” and the federal judge concluded that her vigorous cross-examination “exposed [Defendant’s] CEO as a non-credible witness.” A skilled appellate advocate and former federal circuit clerk, in 2019 Libby achieved a rare win against The New York Times on behalf of former Gov. Sarah Palin in the U.S. Court of Appeals for the Second Circuit arising out of a false and defamatory editorial. She is actively litigating matters against a variety of mainstream news outlets, including CNN and The New York Times.
Libby’s success in the courtroom gets her results in the newsroom. She regularly advises clients and their PR counsel in dealing with the national media in crisis situations, and some of her biggest wins are the false stories the public will never hear about. She has killed flawed articles, storylines, and broadcast segments in outlets including in The New York Times, The Washington Post, Vanity Fair, The National Enquirer, and on Bloomberg, CBS and The Dr. Oz Show. Libby has also vindicated her clients’ reputations by obtaining myriad retractions of false publications. Examples include securing a $3.375 million settlement and video apology from the Southern Poverty Law Center, a complete retraction of a Bloomberg podcast, a multi-article correction from The Chicago Tribune, and the removal of a paperback edition book from publication by Simon & Schuster.
Recognized as an expert in libel law and the First Amendment, Libby has been ranked as a Band 1 global defamation/reputation management provider in Chambers & Partners HNW directory every year since its inception in 2016, and a Band 1 First Amendment Litigator in Chambers & Partners USA in 2020. She has numerous national awards and accolades from the National Law Journal, including being named as one of D.C.’s 40 Under 40 in 2019. She is regularly asked to speak on issues involving the First Amendment, media, and reputation, including publishing multiple op-eds in The Wall Street Journal and appearing as a guest on Fox News, CNN, and ABC’s 20/20. Libby has also served as an adjunct professor at Georgetown University Law Center and George Washington University Law School.
Libby graduated from NYU’s College of Arts and Science with a degree in Politics and Economics, and she received her J.D. from Georgetown University Law Center. After law school, she clerked on the U.S. Court of Appeals for the Fifth Circuit, and then began her career in private practice at Kirkland & Ellis. Perhaps the accomplishment of which she is most proud, Libby is a mom of five. She lives in Alexandria, Virginia with her husband and law partner, Tom Clare, their children, and the world’s most spoiled Labrador Retriever, Gipper.
Judge, United States Court of Appeals, Fifth Circuit
Judge Smith was appointed U.S. Circuit Judge for the Fifth Circuit by President Reagan and entered on duty in January 1988. He attended public schools in Lubbock, Texas, and graduated from Yale University, receiving a B.A. in 1969 and a J.D. in 1972.
Judge Smith was a Law Clerk to U.S. District Judge Halbert Woodward, Northern District of Texas, 1972-1973; with the Houston law firm of Fulbright & Jaworski as an Associate, 1973-1981, and as Partner, 1981-1984; and as City Attorney, City of Houston, 1984-1988. He was Chairman, Civil Service Commission, City of Houston, 1982-1984; and a Director, Harris County Housing Authority, 1978-1980.
Judge Smith lives in Houston and is married to Mary Jane Smith and has four children: Ruth Ann, Clark, J.J., and Brandon. He formerly was Chair of the Advisory Committee on Federal Rules of Evidence of the Judicial Conference of the United States. He assists LexisNexis/Matthew Bender & Co. in periodic revisions of several chapters of Moore’s Federal Practice.
Dean and Professor of Law, Widener University Delaware School of Law
Rod Smolla is Dean and Professor of Law at the Delaware Law School of Widener University, in Wilmington, Delaware. He was previously the 11th President of Furman University, in Greenville, South Carolina, the Dean of the Law School at Washington and Lee University Law School, the Dean of the University of Richmond Law School, the Director of the Institute of Bill of Rights Law at the College of William and Mary, and Senior Fellow and Project Director of the Washington Annenberg Program of Northwestern University. He has also been a faculty member at the DePaul, University of Illinois, and University of Arkansas law schools, and a visiting professor at the Duke, University of Georgia, University of Indiana, Denver University, and University of Melbourne law schools. As an educator, he has been an advocate for experiential learning, including greater emphasis on helping law students develop skills relating to counseling, problem-solving, negotiation, drafting, advocacy, civic engagement, pro bono service, legal ethics, and professionalism. He has emphasized diversity and community outreach and important institutional missions in higher education and legal education.
Smolla is a nationally-known scholar on matters relating to constitutional law, civil rights, freedom of speech, and mass media, particularly matters relating to libel and privacy. He is the author of five multi-volume legal treatises, all published by Thomson Reuters, which are updated twice annually: Law of Defamation; Smolla and Nimmer on Freedom of Speech; Rights and Liabilities in Media Content, Internet, Broadcast, and Print; Federal Civil Rights Acts; and, Law of Lawyer Advertising. He is also author of The First Amendment: Freedom of Expression, Regulation of Mass Media, Freedom of Religion (Carolina Academic Press 1999) (a law school casebook); and co-author of Constitutional Law: Structure and Rights in Our Federal System (6th Edition, 2010, with Dean William Banks). He is the editor each year of the First Amendment Law Handbook, published annually by Thomson Reuters. He was also editor of The Copyright Law Anthology published by Thomson Reuters. He is also the author of may trade and university press books, including Suing the Press: Libel, the Media, and Power (Oxford University Press 1986) (won ABA Silver Gavel Award Certificate of Merit); Jerry Falwell v. Larry Flynt: The First Amendment on Trial (St. Martin's Press 1988); Free Speech in an Open Society (Alfred A. Knopf 1992) (winner of the William O. Douglas Award); Deliberate Intent: A Lawyer Tells the True Story of Murder by the Book (Crown Publishers 1999) (made into a television movie by FX, with Timothy Hutton playing the role of Rod Smolla); The Constitution Goes to College (New York University Press 2010). He was editor of A Year in the Life of the Supreme Court (Duke University Press 1995) (won ABA Civil Gavel Award). Smolla has published over 100 articles in law reviews and other publications.
Smolla has served as Chairman of the Association of American Law Schools Section on Defamation and Privacy Law, as Chairman of the Association of American Law Schools Section on Mass Communications Law, as a member of the American Bar Association Advisory Committee to the Forum on Mass Communications Law, and as a member of the First Amendment Advisory Board to the Media Institute, as the Director of the Annenberg Washington Program Libel Reform Project, and author of the Annenberg Libel Reform Report that emerged from the blue ribbon task force on that project. He served as a Director of the Media General Corporation, and as a Director of the American Arbitration Association. In 2011, he was appointed by Governor Nikki Haley to serve as a Commissioner on the South Carolina Commission of Higher Education, which included within its mission the oversight of all of South Carolina's public universities and colleges, and licensure and programmatic approval for all public and private educational programs within the state.
Smolla has been and remains an active litigator. He has participated as counsel or co-counsel in litigation matters in state and federal courts throughout the nation, and is a frequent advocate, having presented oral argument in numerous state and federal courts, including the Supreme Court of the United States.
Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law
Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.
Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).
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