Partner, Sullivan & Cromwell LLP
Garrard Beeney is co-head of the Firm’s Intellectual Property and Technology Group and a member of the Firm’s Managing Partners Committee. Mr. Beeney has been inducted as a Fellow of the American College of Trial Lawyers. He is counsel in the two major patent cases to be argued before the U.S. Supreme Court in 2016.
Mr. Beeney has litigated intellectual property and licensing cases throughout the country in both federal and state courts. Mr. Beeney also represents clients before U.S. and European competition law authorities, particularly in the area of the intersection between intellectual property and competition laws. In addition to trying patent and antitrust cases, Mr. Beeney has argued appellate cases in various courts, including in the U.S. Supreme Court, the Federal Circuit and the Second Circuit Courts of Appeal, and the Supreme Court of Arkansas. He represents both plaintiffs and defendants in infringement actions, and advises plaintiffs on patent selection in pre-suit due diligence. Mr. Beeney also frequently advises on licensing issues and IP monetization, and has represented patent holders in the formation of licensing pools, including those related to the AVC, MPEG-2, MPEG-4, DVD, LTE, ATSC, VC-9, IEEE 1394 and other technologies.
In addition to the “Litigator of the Week” award noted below, Mr. Beeney has been recognized as one of the “Top 10 Oral Advocates of the Year” in the Federal Circuit Court of Appeals, as an “Innovative U.S. Lawyer” by the Financial Times and in IAM Patent 1000 – The World’s Leading Patent Practitioners (2014, 2015), which commented that Mr. Beeney is “one of the best in the business.” IAM added that peers comment, “When there is something you can’t do, you send it to him.” The 2014 edition of IAM added that Mr. Beeney is “one of the best trial lawyers on the planet”, and he “sounds the part, looks the part, is always prepared and persuasive, with especially brilliant opening and closing presentations.” He is a recipient of the Burton Award for legal scholarship, and has received the Adele Warnock and other awards for his community service.
Mr. Beeney also is regularly recognized as a leading lawyer in the intellectual property and antitrust fields, among others, by leading industry publications, including The Best Lawyers in America, The Legal 500 United States and New York Super Lawyers.
Mr. Beeney has been a speaker at various professional associations, including the American Intellectual Property Law Association, the American Bar Association, the Licensing Executives Society and Law Seminars International. He has written and contributed chapters to several books, including Business and Commercial Litigation in Federal Courts, Commercial Litigation in New York State Courts and On the Merits: Current Issues in Competition Law and Policy. Mr. Beeney has taught various trial advocacy courses, including serving as a member of the faculty at the National Trial Skills Program of the National Institute for Trial Advocacy. He is also a member of Law360’s 2013 Intellectual Property Editorial Advisory Board.
Mr. Beeney’s public service activities include having served for more than a decade as the deputy mayor of Irvington, New York. He is chairman of the board of Mercado Global, a not-for-profit working to improve the lives of impoverished artisans in Central America, and he regularly represents clients in pro bono litigation, including in a recent successful First Amendment trial and in a matter involving child adoption in Arkansas, the latter of which he successfully argued before the Supreme Court of Arkansas in March 2011.
Partner, Jenner & Block
Matthew S. Hellman is a litigator. He has been lead counsel in dozens of appellate matters, and has presented arguments in the U.S. Supreme Court, the U.S. Courts of Appeals, and in state appellate courts. In addition, he routinely presents arguments in the trial courts. Mr. Hellman’s cases involve a variety of issues such as commercial law, intellectual property and administrative law. He has argued important cases for corporations like Marriott, GE and General Dynamics.
In 2010, Law360 recognized Mr. Hellman as a “Rising Legal Star” in the practice of Appellate Law. In 2007, Jenner & Block recognized Mr. Hellman with the Albert E. Jenner, Jr. Pro Bono Award, which annually recognizes attorneys in the Firm with a strong commitment to pro bono or public service work. He has argued or supervised more than a dozen pro bono cases in the courts of appeals, including two capital cases.
Mr. Hellman is member of the firm’s Appellate and Supreme Court Practice. He is also a member of the Edward Coke Appellate Inn of Court, and an Associate Trustee for the Washington Lawyer’s Committee for Civil Rights and Urban Affairs. He serves as the Co-Chair of the DC Hiring and the Hiring Executive Committees and is also a member of the Associate Development and Evaluation Committee and the Finance Committee.
Co-Director, Center for Intellectual Property & Entrepreneurship, University of Missouri School of Law
Professor Crouch is Associate Professor of Law at the University of Missouri School of Law. Prior to joining the MU Law Faculty, he was a patent attorney at McDonnell Boehnen Hulbert & Berghoff LLP in Chicago, Illinois, and taught at Boston University Law School. He has worked on cases involving various technologies including computer memory and hardware, circuit design, software, networking, mobile and internet telephony, automotive technologies, lens design, bearings, HVAC systems, and business methods. He is also the editor of the popular patent law weblog: Patently-O .
Professor Crouch received his BSE in mechanical engineering cum laude from Princeton University, where he also earned a certificate in engineering management systems. He then earned his JD cum laude from the University of Chicago Law School. While at the University of Chicago, he was a Microsoft, Merck, & Pfizer scholar and a member of the Olin program in law and economics.
Prior to attending law school, Professor Crouch worked as a technical consultant for manufacturing firms in New England, as a research fellow at NASA’s Glenn Research Center, as a software developer at the Mayo Clinic’s department of biomedical imaging, and as a Peace Corps Volunteer in Ghana, West Africa. Dennis Crouch grew up on a farm near Pittsburg, Kansas.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Associate, MoloLamken LLP
James Barta’s practice focuses on complex civil litigation, white-collar matters, and appellate litigation.
Before joining MoloLamken, Mr. Barta clerked for the Honorable Raymond M. Kethledge of the U.S. Court of Appeals for the Sixth Circuit. He also clerked for the Honorable Stephen J. Murphy, III, of the U.S. District Court for the Eastern District of Michigan. During law school, Mr. Barta interned at the Indiana Solicitor General’s Office and the U.S. Department of Justice.
President and CEO, Goldwater Institute
Darcy Olsen is President of the Goldwater Institute, a research and legal center that Pulitzer Prize-winning columnist George Will heralded as “simply in the liberty business and there’s no institution in the country that performs that business better.”
Ms. Olsen’s leadership has been critical to the Institute’s success, including the development and enactment of hundreds of reforms and the protection of multiple constitutional rights in state and federal courts.
When Ms. Olsen took the helm of the Goldwater Institute in 2001, it was struggling to stay afloat. She revamped the Institute’s organizational structure to parallel a private-sector company focused on results. Shortly after, her colleagues presented her with a life-sized replica of Darth Vader, symbolizing her willingness to terminate non-performers and face down critics.
Ms. Olsen’s vision has made the Goldwater Institute a national leader in the movement to restore America as a compound republic, where states exercise their constitutional authority to check and limit federal power.
Under Ms. Olsen’s direction, the Goldwater Institute developed Save Our Secret Ballot initiative, a successful nationwide effort to protect businesses from labor union card-check. Despite strong-arm tactics from the federal government, the Institute beat back a legal challenge brought by the National Labor Relations Board against Save Our Secret Ballot. “These aren’t merely symbolic victories,” hailed the Wall Street Journal. “States can protect their economies from the NLRB with initiatives like [Save Our Secret Ballot].”
The Goldwater Institute also designed the nation’s first education savings accounts. Parents use the accounts to pay for a range of education expenses, including private school tuition, educational therapies, and even college. The New York Times highlighted the accounts as a national model for states as they reform public education. When the education unions sued over the program, the Goldwater Institute stepped in and won, paving the way for children nationwide to benefit.
The Goldwater Institute is currently spearheading the Right to Try initiative, a state-level measure that will give terminally ill patients access to potentially life-saving medicines. Under the current system, terminally ill patients have to wait to gain access to new treatments, which can take over a decade to make it to market. This lifesaving measure is moving through several states.
An authority on education reform, economic policy, and government reform, Ms. Olsen is a regular guest on national media programs. Her opinions have been widely published in outlets such as the Wall Street Journal, USA Today, and National Review.
Ms. Olsen has received numerous awards and recognitions including a 2014 Bradley Prize, which recognizes individuals of extraordinary talent and dedication who seek to preserve and defend the institutions of free government and private enterprise, and the national Roe Award for achievement in public policy. One of her most unexpected awards was when Hockey Magazine named her the “64th most powerful person in hockey” for her leading role in blocking a multi-million-dollar subsidy to an NHL team.
A graduate of Georgetown University and New York University, Olsen unofficially started her public policy career at 11 years old, when she went door-to-door gathering signatures on a homemade petition to stop animal abuse. Born in Vermont, raised in Utah, Olsen resides in Arizona. She is a foster mother and an adoptive mother of three.
Associate Professor, Northern Illinois University
Evan Bernick joined the NIU Law faculty in 2021. He teaches courses in constitutional law, criminal law, criminal procedure, administrative law and legislation.
From 2020 to 2021, Professor Bernick was a visiting professor at the Georgetown University Law Center and the executive director of the Georgetown Center for the Constitution. Before that, he served as a clerk to Judge Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit. From April 2017 to April 2019, he was a visiting lecturer at Georgetown and a resident fellow of the Center for the Constitution.
His scholarship covers a range of topics, from constitutional law, to philosophy of law, to social movements, to law enforcement. He has published with the Georgetown Law Journal, the Notre Dame Law Review, the William and Mary Law Review and the George Mason Law Review, among other journals. His book, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021), with Randy E. Barnett, was published by Harvard University Press under its Belknap imprint "for books of long-lasting importance, superior in scholarship and physical production, chosen whether or not they might be profitable."
Professor Bernick received his bachelor's degree in 2008 from the University of Chicago, where he studied philosophy and graduated with honors. He received his juris doctorate in 2011 from the University of Chicago Law School.
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.
Topics
Dear attorneys general, conspiring against free speech is a crime
In his USA TODAY article, Glenn Reynolds points to some possible consequences of the recent "AGs...
Intellectual Property in the Supreme Court - Podcast
Garrard R. Beeney, Matthew S. Hellman, Dennis Crouch
Litigation and Intellectual Property Practice Groups Podcast
Continuing the trend of recent years, this Term the Supreme Court is hearing a number...
The Alt-Chain Revolution: Regulatory Considerations for the Next Wave of Bitcoin Innovation
David B. Rivkin, Andrew Grossman
White Paper
Bitcoin is dead. Long live Bitcoin. A counterintuitive feature of the groundbreaking cryptocurrency—and there are...
Topics
Implications of the Friedrichs Non-Decision
With the death of Justice Scalia, most Court watchers expected a 4-4 split in Friedrichs...
Topics
Simple Question re: Evenwel v. Abbott
Roger Clegg writes for National Review: By a vote of 8–0 yesterday in Evenwel v....
Topics
Free Speech for All*
The Supreme Court’s anti-climactic order affirming the Ninth Circuit’s ruling in Friedrichs v. California Teachers...
Nichols v. United States - Post-Decision SCOTUScast
James Barta
SCOTUScast 4-7-16 featuring James Barta
On April 4, 2016, the Supreme Court decided Nichols v. United States. Petitioner Nichols, a...
Topics
Selective Fear of Foreign Influence: Applying FEC Commissioner Weintraub's Latest Citizens United Proposal to Unions
Steve Klein at Pillar of Law writes: In the New York Times last week, Commissioner Ellen Weintraub...
The Right to Try: America's Drug Approval Regime - Podcast
Darcy Olsen, Evan D. Bernick
Civil Rights Practice Group Podcast
Should you need the government’s permission to try to save your own life? Today, the...
Luis v. U.S. - Post-Decision SCOTUScast
John G. Malcolm
SCOTUScast 4-6-16 featuring John Malcolm
On March 30, 2016, the Supreme Court decided Luis v. U.S. In 2012, a grand...