Founder, President and CEO, LabMD
Mike Daugherty is the CEO of LabMD, a cancer testing laboratory. He has spent most of the last decade defending his company against charges that it had deficient cybersecurity practices. The early years of his entering and fighting Washington, DC, are recorded in his book, “The Devil Inside the Beltway”. In so doing, he has become the only litigant to challenge the basic authority that underlies more than 200 enforcement actions relating to cybersecurity and online privacy that the FTC has brought over the past 15 years. Every one of the 200+ litigants before him – including some of the largest companies in the world – have settled with the FTC, creating an unquestioned and untested belief that the FTC has broad authority to regulate in these areas. Following oral arguments in June, 2017, before a panel of the 11th Circuit Court of Appeals, it seems entirely possible that he will prevail. In so doing, he may well topple key pillars of the FTC’s cybersecurity and online privacy edifice, successfully exposing and challenging The Administrative State.
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.
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.
Chair, Global Antitrust Law Practice Group, Morrison Foerster
Alex Okuliar is Co-Chair of Morrison Foerster’s Global Antitrust Law Practice Group. He is the former Deputy Assistant Attorney General for Civil Antitrust Enforcement at the U.S. Department of Justice and a former advisor at the Federal Trade Commission.
Alex’s practice spans merger review, civil litigation, and criminal investigations. Over his twenty-five-year career, Alex has worked on nearly one thousand deals. He has deep experience guiding clients through the complex global merger clearance process and has litigated agency merger challenges through trial. He has also helped clients succeed in a wide range of federal and state cases, including class actions and private party disputes alleging price fixing, monopolization, group boycotts, market allocation, and tying. His understanding of the agency processes from the inside allows him to offer expert, timely, and practical advice to clients navigating merger and conduct investigations by the U.S. Department of Justice, the Federal Trade Commission, state Attorneys General, and foreign agencies. Alex’s work has been recognized by leading industry publications such as Chambers, The Legal 500 U.S., and Global Competition Review.
Outside of client work, Alex is a prolific thought leader and was recognized as a 2024 Top Author for Antitrust & Trade Regulation by JD Supra’s Readers’ Choice Awards. He currently serves as the co-chair of the ABA Antitrust Law Section’s Joint Conduct Committee and is the former chair of the Section’s Intellectual Property Committee and co-chair of the 2023 Antitrust Fall Forum on Artificial Intelligence. He is also a member of the Corporations, Securities & Antitrust Executive Committee of The Federalist Society for Law and Public Policy Studies.
Before law school, Alex co-founded and sold an online technology company. Alex received his B.S. in economics and B.A. with distinction in history from the Wharton School of the University of Pennsylvania and his J.D. from Vanderbilt University Law School.
Senior Vice President, Strand Consult
Roslyn Layton, PhD is a leading international expert on technology policy. She is Senior Vice President of Strand Consult, an independent consultancy serving the global mobile telecom industry. She is also a Visiting Researcher at Aalborg University Copenhagen where she earned a doctoral thesis on network neutrality by measuring the outcome of the policy across 53 countries over 5 years. She served on the Presidential Transition Team for the Federal Communications Commission (FCC), and her work was critical to the FCC’s defense for the Restoring Internet Freedom Order. She has testified to the United States Senate and House on multiple topics including spectrum, broadband, mobile mergers, competition, and privacy. She founded the think tank China Tech Threat to study the problems of technology produced by the People’s Republic of China. She serves as the Program Chair for the Telecom Policy Research Conference, the leading interdisciplinary academic gathering. Her recent paper on rural broadband describes the empirical case for policy reform to recover network infrastructure costs from streaming video entertainment providers. She is a Senior Contributor to Forbes.
Vice President for Litigation & Strategy, Pacific Legal Foundation
Larry Salzman leads PLF’s litigation program and is responsible for shaping the organization’s overall legal strategy to advance the principles of individual rights and limited government. He oversees the Supreme Court docket at PLF and helps its nearly 75 litigating attorneys and support staff bring cases to secure enduring legal change for liberty.
Larry has been a public interest litigator for nearly two decades, focusing on property rights and economic freedom. Recent highlights include Sheetz v. County of El Dorado and Tyler v. Hennepin County at the Supreme Court. He has been with PLF for more than a decade. Previously, he was a judicial clerk at the U.S. Court of Federal Claims and a litigator at the Institute for Justice.
Between 2007 and 2011, Larry took a hiatus from litigation to work as CEO of an e-commerce company he had co-founded and built while attending law school at night. He loves his current role at PLF because it provides the rare opportunity to continue expressing dual passions for litigation and entrepreneurial management.
Larry’s commitment to liberty crystallized during college by studying philosophy and free-market economics. He experienced the importance of property rights in a very personal way in the 1990s when his family’s auto-repair business was taken by eminent domain and turned over by the city to a private developer on the promise that a big-box store would generate more tax revenue.
He graduated from the University of San Diego School of Law (J.D. 2002), where he was assistant editor of the San Diego Law Review. Larry was inspired in law school to pursue a career in public interest litigation while working as a research assistant to the late Bernard Siegan, a pioneer in the movement to revive constitutional protection for property rights and economic liberty. He also serves on the Board of Directors for the Ayn Rand Institute. When not working, he enjoys travel, an annual pass to Disneyland with family, and learning and growing alongside his daughter.
Larry is a member of the bar only in the state of California.
Assistant Professor of Law, University of Richmond School of Law
Paul Crane served as a Bigelow Fellow at the University of Chicago Law School before coming to Richmond Law to teach in the criminal law field. He also worked as an Assistant United States Attorney in the District of Columbia, and as a Bristow Fellow for the Office of the Solicitor General of the United States. Professor Crane earned his B.A., M.A., and J.D. from the University of Virginia before clerking for Judge Wilkinson on the Fourth Circuit and Chief Justice Roberts on the Supreme Court.
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.
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.
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
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.
Distinguished Fellow, Hudson Institute
Christopher DeMuth is a distinguished fellow at Hudson Institute. He was president of the American Enterprise Institute for Public Policy Research (AEI) from 1986 to 2008 and was the D.C. Searle Senior Fellow at AEI from 2008 to 2011.
Mr. DeMuth was raised in Kenilworth, Illinois, and attended the Lawrenceville School (1964), Harvard College (A.B. 1968), and the University of Chicago Law School (J.D. 1973). He served as staff assistant to President Richard M. Nixon from 1969 to 1970, working first for Daniel P. Moynihan (then assistant to the President for Urban Affairs) on urban policy matters and then as chairman of the White House Task Force on Environmental Policy. Following law school, he practiced regulatory, antitrust, and general corporate law with Sidley & Austin in Chicago (1973-1976) and was associate general counsel of the Consolidated Rail Corporation (Conrail) in Philadelphia (1976-1977).
From 1977 to 1981, Mr. DeMuth was lecturer in public policy at the Kennedy School of Government at Harvard University, and director of the Harvard Faculty Project on Regulation. There he taught courses on law, economics, and regulatory policy and conducted and sponsored research on health, safety, environmental, and economic regulation.
Returning to Washington in 1981, Mr. DeMuth served as administrator for information and regulatory affairs in the U.S. Office of Management and Budget, and as executive director of the Presidential Task Force on Regulatory Relief during President Ronald Reagan’s first term of office. From 1984 to 1986, he was managing director of Lexecon Inc., a law-and-economics consulting firm; in 1986, he was also publisher and editor-in-chief of Regulation magazine. He was elected president of the American Enterprise Institute in December 1986.
Many of Mr. DeMuth’s articles, lectures, and occasional talks are posted on his website (https://www.ccdemuth.com).
United States Senate, Alaska
Dan Sullivan was sworn in as Alaska’s eighth United States Senator on January 6, 2015. Sullivan serves on four Senate committees vital to Alaska: the Commerce, Science and Transportation Committee; the Armed Services Committee; the Environment and Public Works Committee; and the Veterans' Affairs Committee.
Prior to his election to the U.S. Senate, Sullivan served as Alaska’s Attorney General and Commissioner of the Alaska Department of Natural Resources. As Alaska's Attorney General, Sullivan’s number one priority was protecting Alaskans, their physical safety, financial well-being, and individual rights – particularly Alaska’s most vulnerable. During his tenure he spearheaded a comprehensive statewide strategy – the “Choose Respect” campaign – to combat Alaska’s high rates of domestic violence and sexual assault. Under Sullivan’s leadership, the Department of Law also undertook an aggressive strategy of initiating and intervening in litigation aimed at halting federal government overreach into the lives of Alaskans and their economy.
As Commissioner of the Alaska Department of Natural Resources, Sullivan managed one of the largest portfolios of oil, gas, minerals, renewable energy, timber, land, and water in the world. Working closely with Alaska’s Governor and state legislature, Sullivan developed numerous strategies that spurred responsible resource development, energy security, and a dramatic increase in good-paying jobs across a number of critical sectors in the Alaska economy. He also developed a comprehensive plan to streamline and reform the state’s regulatory and permitting system.
Sullivan is one of a select number of Alaskan attorneys who has held judicial clerkships on both the highest federal and state courts in Alaska. He served as a judicial law clerk for Judge Andrew Kleinfeld of the United States Court of Appeals for the Ninth Circuit in Fairbanks, Alaska and for Chief Justice Warren Matthews of the Alaska Supreme Court in Anchorage, Alaska. Sullivan also served as a judicial law clerk/intern for Judge James L. Buckley on the United States Court of Appeals for the District of Columbia Circuit.
Sullivan has a distinguished record of military and national security service. He is currently an infantry officer and Lieutenant Colonel in the U.S. Marine Corps Reserves. Over the past 21 years, Sullivan has served in a variety of command and staff billets on active duty and in the reserves, including: TRAP Force Commander and 81mm mortar Platoon Commander, 31st Marine Expeditionary Unit (Special Operations Capable); Weapons Company Executive Officer, Second Battalion, Fifth Marines; Commanding Officer, Delta Company, Anti-Terrorism Battalion; Executive Officer, Echo Company, Fourth Reconnaissance Battalion; and Commanding Officer, 6thAir Naval Gunfire Liaison Company (ANGLICO). In 2004, Sullivan was recalled to active duty for a year and a half to serve as a staff officer to the Commander of U.S. Central Command, General John Abizaid, spending substantial time deployed in the Middle East, the Horn of Africa, and Central Asia. In July 2013, Sullivan was recalled to active duty to serve with a Joint Task Force in Afghanistan focusing on dismantling terrorist networks and criminalizing the Taliban insurgency.
Sullivan served in the Administration of President George W. Bush as the U.S. Assistant Secretary of State for Economic, Energy, and Business under Secretary of State Condoleezza Rice. He focused on fighting terrorist financing, and implementing policies relating to international energy, economic, trade, finance, transportation, telecommunications, and Arctic issues. Sullivan also served as a Director in the International Economics Directorate of the National Security Council staff at the White House.
Sullivan earned a B.A. in Economics from Harvard University in 1987 and a joint law and Masters of Science in Foreign Service from Georgetown University in 1993. Dan and his wife Julie Fate Sullivan were married over 20 years ago in Julie’s hometown of Fairbanks, Alaska. They have three teenage daughters: Meghan, Isabella and Laurel.
Senior Legislative Advisor, Covington & Burling LLP
Bill Wichterman is a non-lawyer Senior Legislative Advisor in Covington’s Public Policy and Government Affairs practice.
Prior to joining Covington, Mr. Wichterman served as Special Assistant to President George W. Bush and as the President’s personal liaison to the conservative movement. Before serving in the White House, he held a number of senior staff-level positions on Capitol Hill, including as Policy Advisor to Senate Majority Leader Bill Frist, and Chief of Staff to Congressman Joe Pitts and Congressman Bill Baker.
Mr. Wichterman also has inside experience in congressional and presidential campaigns, serving most recently as a chief advisor to the Santorum 2012 presidential campaign, and has previously been a key staff participant on the Republican Convention's Platform Committee.
Mr. Wichterman has more than 25 years of experience in policy-making and is skilled at developing and implementing comprehensive strategies -- including the media, opinion-makers, and interest groups -- to accomplish the policy goals of his clients. He calls upon his nearly two decades of government service and extensive knowledge of the policy-making and political structures in Washington to counsel clients in various industries on a wide range of matters related to patent reform, health care, employment/pensions, technology, pharmaceuticals, financial institutions, and tax policy, among others. Mr. Wichterman also represents coalitions and associations in a variety of industries, including in the automotive field.
In addition to his work on domestic policy issues, Mr. Wichterman has worked extensively on international matters during his time in government and in private practice, and has particular expertise on trade, finance, and sanctions matters, such as the U.S. and EU sanctions against Russia related to the unrest in Ukraine. He advises clients on the ongoing Trans-Pacific Partnership (TPP) negotiations, and while serving in the White House during the Bush administration he was engaged on issues related to the negotiation of the U.S.-Colombia Free Trade Agreement.
LabMD v. FTC: A David Against Goliath Story
Michael J. Daugherty, Justin (Gus) Hurwitz
Regulatory Transparency Project Teleforum
Mike Daugherty is the CEO of LabMD, a medical testing lab. He has spent most...
Property Arrangements
Richard A. Epstein
Short video featuring Richard Epstein
What kind of rules provide stable property possession within the complex system of property ownership...
The Layered Model of Adjudication and Enforcement of Net Neutrality with the FTC, DOJ, and State AGs
Alexander P. Okuliar, Roslyn Layton
Telecommunications & Electronic Media Practice Group Podcast
A number of regulatory advocates assert that Title II of the Communications Act, enforced by...
Lynch et al., v. California Coastal Commission
Larry Salzman
In Lynch et al., v. California Coastal Commission, the California Supreme Court this month raised a...
Bravo-Fernandez v. United States - Post-Decision SCOTUScast
Paul Crane
SCOTUScast 7-14-17 featuring Paul Crane
On November 29, 2016, the Supreme Court decided Bravo-Fernandez v. United States. A jury convicted...
Impression Products, Inc. v. Lexmark International, Inc. - Post-Decision SCOTUScast
Adam Mossoff
SCOTUScast 7-14-17 featuring Adam Mossoff
On May 30, 2017, the Supreme Court decided Impression Products, Inc. v. Lexmark International, Inc....
Topics
State Court Docket Watch: Lynch et al., v. California Coastal Commission
In Lynch et al., v. California Coastal Commission, the California Supreme Court this month raised...
Microsoft Corp. v. Baker - Post-Decision SCOTUScast
Theodore "Ted" Frank
SCOTUScast 7-14-17 featuring Theodore H. Frank
On June 12, 2017, the Supreme Court decided Microsoft Corp. v. Baker. Plaintiffs brought a...
Topics
Regulation and the American Dream
The Regulatory Transparency Project is pleased to announce the release of the trailer video for...
Regulation & the American Dream
George J. Terwilliger, Susan E. Dudley, Christopher C. DeMuth, Dan Sullivan, Bill Wichterman
Regulatory Transparency Project's Fourth Branch Video Series
Arguably, regulation has helped us achieve the American Dream. The benefits are numerous. But have...