Founder and Principal, Johnson-IP Strategy & Consulting
Philip S. Johnson is Founder and Principal of Johnson-IP Strategy & Consulting. He previously served as Senior Vice President - Law Department and Chief Intellectual Property Counsel of Johnson & Johnson, having joined the corporation in January 2000 after 27 years in private practice. In this position, he managed about 110 patent and trademark attorneys worldwide. Phil is Chair of the Board of Directors of the American Intellectual Property Law Education Foundation, Vice President and President Elect of the Intellectual Property Owners Association, and a member of the Board of the Intellectual Property Owners Association Education Foundation (Past President). He is also a member of the Steering Committee of the Coalition for 21st Century Patent Reform, of the Association of Corporate Patent Counsel (Past President) and of PhRMA’s IP Focus Group (Chair Emeritus). Previously, Phil served as President of INTERPAT.
Before joining Johnson & Johnson, Phil was a senior partner and co-chair of IP litigation at Woodcock Washburn in Philadelphia, where he specialized in intellectual property issues affecting major pharmaceutical, medical device and consumer product companies. Phil has served as trial counsel in over 100 patent cases, including over 50 resulting in reported decisions of the federal district courts and/or of the Federal Circuit Court of Appeals. Phil regularly testifies before both the House and Senate Judiciary Committees on the subject of patent law reform and, more recently, abusive patent litigation. Phil served as a member of Chief Judge Michel’s Advisory Council on Patent Reform, and was recognized in the Congressional Record as a member of the Minority Whip’s “Kitchen Cabinet” for the America Invents Act. Thereafter, Phil served as IPO’s representative on the ABA-AIPLA-IPO committee of six experts (“COSE”) formed at Director Kappos’ request to propose to the USPTO implementing regulations for the PGR-IPR post-grant proceedings created by the AIA.
Phil co-authored “Compensatory Damages Issues In Patent Infringement Cases, A Pocket Guide for Federal District Court Judges,” published by the Federal Judicial Center, and has served that Center as a faculty member on its IP-related judicial education programming. Phil was also featured in the Landslide Publication March/April 2013 issue. The New Jersey Intellectual Property Law Association awarded Phil with its 2013 Jefferson Medal, presented on June 7, 2013.
Phil received his Bachelor of Science degree, cum laude with distinction in biology from Bucknell University, and his J.D. degree from Harvard Law School, where his third year advisor was now-Supreme Court Justice Stephen Breyer.
Shareholder, Littler Mendelson P.C.
Maury Baskin focuses his Washington, DC-based practice on national labor policy, challenging excessive government regulation on behalf of small and large businesses, while advising employers in compliance issues. He has extensive experience in dealing with labor relations and union pressure tactics, employment discrimination and wage and hour law. He has represented a variety of industry sectors, advising clients involved in construction, government contracting, higher education, telecommunications, hospitality, security, and nonprofits.
Mr. Baskin has served as lead counsel at all levels of the federal and state courts and before the U.S. Supreme Court, and has recently led successful challenges against nationwide federal labor regulations on behalf of multi-industry coalitions, including the 2016 “white collar” overtime rule and the so-called “blacklisting” rule. He has also succeeded in the courts in numerous cases involving the National Labor Relations Board (NLRB) and the Department of Labor (DOL). Mr. Baskin is the Chair of Littler's Construction Industry Group and has long represented the Associated Builders and Contractors (ABC) national trade association and many of its construction industry members. On their behalf, he has been one of the leading advocates against government-mandated project labor agreements, prevailing wage expansion, and union corporate campaigns.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Legal Director, The Center for the Rights of Abused Children
Tim Keller is a lawyer who works to ensure all abused and abandoned children are safe and have access to their constitutionally guaranteed rights.
As senior vice president and legal director at the Center for the Rights of Abused Children, Tim’s public interest legal work seeks to defend the constitutional rights of children to be safe from abuse, to prompt timely placement with permanent parents, and to assure a child’s representation by legal counsel. In addition to constitutional litigation, Tim oversees the lawyers in the Center for the Rights of Abused Children’s one-of-a-kind pro bono Children’s Law Clinic and guides its policy initiatives.
When he and his wife, Lisa, hosted a teenage exchange student from Brazil several years ago, they realized how much they enjoyed helping a child thrive. The two felt called to help more kids. Over the following years, Tim and Lisa would become foster parents. Today, they enjoy offering respite care for children in foster care.
Intensely motivated by his time fostering children who’d been abused and neglected, Tim sees his work to ensure children have a constitutional right to counsel as a matter of life and death. As such, he’s particularly proud that in 2021 the Center for the Rights of Abused Children secured the rights of all children in Arizona’s foster system to be represented by legal counsel.
Before joining the Center for the Rights of Abused Children, Tim worked for nearly 20 years at the Institute for Justice. He served as lead counsel in Arizona Christian School Tuition Organization v. Winn, a U.S. Supreme Court victory that protected Arizona’s pioneering school scholarship program. Tim also led the team that secured a U.S. Supreme Court victory in Espinoza v. Montana Department of Revenue, which prevents states from discriminating against religious families and schools in educational choice programs. He has also litigated economic liberty and property rights cases in state and federal courts.
Tim earned his bachelor’s and law degrees from Arizona State University. He clerked for Robert D. Myers, at the time the presiding judge of the Maricopa County Superior Court, and for Ann A. Scott Timmer on the Arizona Court of Appeals.
Tim and Lisa live in Chandler, Ariz., with their four sons, Daniel, Benjamin, Ethan and Noah, and a miniature schnauzer named Gus who has more than 12,000 Instagram followers. The Kellers have traveled to 49 of the 50 United States, and are always looking for recommendations for new card or board games for family game nights.
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.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
United States Senator, Kentucky
U.S. Senator Rand Paul, M.D. was elected to represent Kentucky in the United States Senate in 2010. He serves on the Senate Foreign Relations Committee, the Health, Education, Labor and Pensions Committee, the Homeland Security and Government Affairs Committee, and the Small Business and Entrepreneurship Committee.
Dr. Paul is the third of five children born to Carol and Ron Paul. He grew up in Lake Jackson, Tex., and attended Baylor University. He graduated from Duke Medical School in 1988. Dr. Paul completed a general surgery internship at Georgia Baptist Medical Center in Atlanta, Ga., and completed his residency in ophthalmology at Duke University Medical Center. Upon completion of his training in 1993, Dr. Paul and Kelley moved to Bowling Green to start their family and begin his ophthalmology practice. Dr. Paul has been married for 25 years to Kelley Ashby Paul of Russellville, Ky., and they have three sons together: William, 22; Duncan, 19; and Robert, 16.
Professor of Law, Stanford Law School
Orin S. Kerr is a Professor of Law at Stanford Law School, where he teaches and writes in the areas of criminal procedure and computer crime law. Kerr earned mechanical engineering degrees from Princeton University and Stanford University before graduating with a J.D. from Harvard Law School. He is a former law clerk to Justice Anthony M. Kennedy at the United States Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
United States Senator, Kentucky
U.S. Senator Rand Paul, M.D. was elected to represent Kentucky in the United States Senate in 2010. He serves on the Senate Foreign Relations Committee, the Health, Education, Labor and Pensions Committee, the Homeland Security and Government Affairs Committee, and the Small Business and Entrepreneurship Committee.
Dr. Paul is the third of five children born to Carol and Ron Paul. He grew up in Lake Jackson, Tex., and attended Baylor University. He graduated from Duke Medical School in 1988. Dr. Paul completed a general surgery internship at Georgia Baptist Medical Center in Atlanta, Ga., and completed his residency in ophthalmology at Duke University Medical Center. Upon completion of his training in 1993, Dr. Paul and Kelley moved to Bowling Green to start their family and begin his ophthalmology practice. Dr. Paul has been married for 25 years to Kelley Ashby Paul of Russellville, Ky., and they have three sons together: William, 22; Duncan, 19; and Robert, 16.
Patent Law and Antitrust - Podcast
Philip Johnson
Recent developments in US patent law, particularly the Americans Invents Act (AIA) and the Supreme...
Courthouse Steps: DOL Overtime Rule - Podcast
Maury Baskin, Tammy Dee McCutchen
On Thursday, August 31, Judge Mazzant of the Eastern District of Texas invalidated the Department...
EEOC, OMB, and the Collection of Data That Can’t Be Analyzed
The decision of the Office of Management and Budget (OMB) to pause implementation of an...
Federal Special Education Law and State School Choice Programs
Timothy Keller, Nat Malkus
Federalist Society Review, Volume 18
Note from the Editor: In this article, Nat Malkus and Tim Keller outline the federal...
Morally Innocent, Legally Guilty: The Case for Mens Rea Reform
John G. Malcolm
Federalist Society Review, Volume 18
Note from the Editor: This article discusses the concept of mens rea, argues that too...
Is Moral Relativism the Right Approach?
Richard A. Epstein
Short video featuring Richard Epstein
In this installment of Introduction to Common Law, Prof. Richard Epstein of NYU School of...
Topics
What Can a Sandbox in Arizona Do for Financial Innovation?
History demonstrates that innovation is one of the things that a free society does best. ...
A Conversation with Senator Rand Paul
Orin S. Kerr, Rand Paul
George Washington Student Chapter
The George Washington University Law School (GW) Federalist Society Chapter presents a conversation with...
A Conversation with Senator Rand Paul
Orin S. Kerr, Rand Paul
George Washington Student Chapter
The George Washington University Law School (GW) Federalist Society Chapter presents a conversation with...
Live Event: A Conversation with Senator Rand Paul
On September 6 at 12:00 PM (EDT), The George Washington University Law School (GW) Federalist Society...