Senior Counsel, America First Legal Foundation
Nicholas Barry has been a senior litigation counsel at America First Legal since 2022. During that time, he has filed numerous lawsuits challenging lawless actions by governments and businesses. Previously, he litigated catastrophic malpractice cases, and before that, he litigated cases as an Assistant Attorney General for the Tennessee Attorney General's Office. He began his career clerking for the United States District Court for the Eastern District of Kentucky for Judge William O. Bertelsman and was an associate at Stites & Harbison before joining the Tennessee Attorney General's Office. He is a graduate of Vanderbilt Law School.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Partner, Husch Blackwell LLP
With three decades of experience as a prosecutor, Gregg counsels businesses and individuals in connection with a range of criminal, civil and regulatory matters, including government investigations, internal investigations, litigation, export control, sanctions, trade secrets and regulatory compliance.
Gregg’s extensive background in criminal and national security law, combined with his understanding of government practices and operations, allow him to pinpoint the risks and opportunities that arise in investigatory settings, to put together efficient and effective teams of legal professionals, and to mount a vigorous defense when necessary. Gregg has a strong track record as an accomplished trial lawyer, particularly in complex, high-profile jury trials.
Prior to entering private practice, Gregg served as the United States Attorney for the Western District of Texas—one of the largest and busiest United States Attorney’s Offices in the country—where he supervised more than 300 employees handling a diverse caseload, including matters involving complex white-collar crime, contract fraud, national security, cyber crimes, public corruption, money laundering, export violations, trade secrets, tax, large-scale drug and human trafficking, immigration, child exploitation and violent crime. Gregg has also served as Counselor to the Attorney General of the United States, where he handled both criminal and national security matters, as well as crisis response. He was an Assistant United States Attorney in the U.S. Attorney’s Office for the Western District of Texas for 14 years, where he developed a reputation as an aggressive litigator and indefatigable investigator while building an impressive record handling national security, fraud, violent crime and corruption cases. Before that, he served in various roles in both the Criminal and National Security Divisions of the Department of Justice in Washington, DC. Gregg was a state prosecutor as well, handling murder, gang and other complex cases in New York County for nearly 11 years.
Throughout his career, Gregg has worked closely with the Federal Bureau of Investigation, Internal Revenue Service, Department of Commerce and other federal law enforcement and intelligence agencies. He led task forces in the Department of Justice and spearheaded the Department’s effort to improve its electronic litigation capabilities, focusing heavily on discovery. Gregg understands criminal law, national security law, the justice system, government investigations and the discovery process inside and out. His extensive and varied background means that he can provide clients with realistic and accurate expectations of how a government investigation or prosecution will proceed and where challenges may arise.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Partner, Husch Blackwell LLP
With three decades of experience as a prosecutor, Gregg counsels businesses and individuals in connection with a range of criminal, civil and regulatory matters, including government investigations, internal investigations, litigation, export control, sanctions, trade secrets and regulatory compliance.
Gregg’s extensive background in criminal and national security law, combined with his understanding of government practices and operations, allow him to pinpoint the risks and opportunities that arise in investigatory settings, to put together efficient and effective teams of legal professionals, and to mount a vigorous defense when necessary. Gregg has a strong track record as an accomplished trial lawyer, particularly in complex, high-profile jury trials.
Prior to entering private practice, Gregg served as the United States Attorney for the Western District of Texas—one of the largest and busiest United States Attorney’s Offices in the country—where he supervised more than 300 employees handling a diverse caseload, including matters involving complex white-collar crime, contract fraud, national security, cyber crimes, public corruption, money laundering, export violations, trade secrets, tax, large-scale drug and human trafficking, immigration, child exploitation and violent crime. Gregg has also served as Counselor to the Attorney General of the United States, where he handled both criminal and national security matters, as well as crisis response. He was an Assistant United States Attorney in the U.S. Attorney’s Office for the Western District of Texas for 14 years, where he developed a reputation as an aggressive litigator and indefatigable investigator while building an impressive record handling national security, fraud, violent crime and corruption cases. Before that, he served in various roles in both the Criminal and National Security Divisions of the Department of Justice in Washington, DC. Gregg was a state prosecutor as well, handling murder, gang and other complex cases in New York County for nearly 11 years.
Throughout his career, Gregg has worked closely with the Federal Bureau of Investigation, Internal Revenue Service, Department of Commerce and other federal law enforcement and intelligence agencies. He led task forces in the Department of Justice and spearheaded the Department’s effort to improve its electronic litigation capabilities, focusing heavily on discovery. Gregg understands criminal law, national security law, the justice system, government investigations and the discovery process inside and out. His extensive and varied background means that he can provide clients with realistic and accurate expectations of how a government investigation or prosecution will proceed and where challenges may arise.
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
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.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Chief Legal Officer, Paradigm
Civil Chief, Kentucky Office of the Attorney General
Justin manages the Office's Civil Division. He previously served as a litigator in the Attorney General's Office, where he brought complex cases, including against the manufacturers and distributors of deadly opioids. Along with almost two decades of private practice in a large Kentucky law firm, Justin served as the General Counsel of the Kentucky Cabinet for Health and Family Services and as Commissioner of the Kentucky Boxing & Wrestling Commission.
Partner, Fusion Law, PLLC
Paul is the founding partner of Fusion Law, PLLC. He has extensive experience with state, federal, and global regulators building coalitions and implementing policies to promote innovation in financial services. He is responsible for designing and implementing the first state (Arizona) and federal (CFPB) FinTech sandboxes in the United States. He also designed the CFPB no-action letter and trial disclosure policies. He helped found the first global regulatory innovation coalition (Global Financial Innovation Network) and led the founding of the first U.S. regulatory innovation coalition (American Consumer Financial Innovation Network). He served on the Financial Stability Oversight Council subcommittee on digital assets. He also has drafted state-level laws on blockchain and utility tokens.
Paul also has significant enforcement and litigation experience. He led many multi-state consumer protection enforcement matters as Civil Litigation Division Chief at the Arizona Attorney General’s Office.
Prior to his government service, Paul practiced law in the areas of securities litigation and transactional work for approximately six years at two well-known law firms. He also clerked on the U.S. Court of Appeals for the Fourth Circuit.
Solicitor General, Iowa Office of the Attorney General
Eric Wessan serves as Iowa’s Solicitor General in the Iowa Attorney General’s Office. In that role, Wessan leads Iowa’s litigation before State and federal appellate courts, including the Iowa and U.S. Supreme Courts. Before that role, Wessan worked on complex commercial litigation at two large law firms in Chicago. Wessan also served as a law clerk for the Honorable James C. Ho on the U.S. Court of Appeals for the Fifth Circuit and for the Honorable John F. Kness on the U.S. District Court for the Northern District of Illinois. Wessan is a graduate of the University of Chicago Law School, with honors, and of the University of Chicago.
Chief Legal Officer, Paradigm
Civil Chief, Kentucky Office of the Attorney General
Justin manages the Office's Civil Division. He previously served as a litigator in the Attorney General's Office, where he brought complex cases, including against the manufacturers and distributors of deadly opioids. Along with almost two decades of private practice in a large Kentucky law firm, Justin served as the General Counsel of the Kentucky Cabinet for Health and Family Services and as Commissioner of the Kentucky Boxing & Wrestling Commission.
Partner, Fusion Law, PLLC
Paul is the founding partner of Fusion Law, PLLC. He has extensive experience with state, federal, and global regulators building coalitions and implementing policies to promote innovation in financial services. He is responsible for designing and implementing the first state (Arizona) and federal (CFPB) FinTech sandboxes in the United States. He also designed the CFPB no-action letter and trial disclosure policies. He helped found the first global regulatory innovation coalition (Global Financial Innovation Network) and led the founding of the first U.S. regulatory innovation coalition (American Consumer Financial Innovation Network). He served on the Financial Stability Oversight Council subcommittee on digital assets. He also has drafted state-level laws on blockchain and utility tokens.
Paul also has significant enforcement and litigation experience. He led many multi-state consumer protection enforcement matters as Civil Litigation Division Chief at the Arizona Attorney General’s Office.
Prior to his government service, Paul practiced law in the areas of securities litigation and transactional work for approximately six years at two well-known law firms. He also clerked on the U.S. Court of Appeals for the Fourth Circuit.
Solicitor General, Iowa Office of the Attorney General
Eric Wessan serves as Iowa’s Solicitor General in the Iowa Attorney General’s Office. In that role, Wessan leads Iowa’s litigation before State and federal appellate courts, including the Iowa and U.S. Supreme Courts. Before that role, Wessan worked on complex commercial litigation at two large law firms in Chicago. Wessan also served as a law clerk for the Honorable James C. Ho on the U.S. Court of Appeals for the Fifth Circuit and for the Honorable John F. Kness on the U.S. District Court for the Northern District of Illinois. Wessan is a graduate of the University of Chicago Law School, with honors, and of the University of Chicago.
Partner, Nelson Mullins Riley & Scarborough LLP
Miles practices in the areas of appeals, business litigation, and First Amendment law. In addition to representing clients in complex civil and criminal litigation and appeals, Miles advises and represents public and private universities and serves as outside general counsel to several business and educational clients. He also represents and counsels private entities and government agencies and officials, including multiple current and former governors of South Carolina and members of Congress, on issues relating to the constitutional and statutory freedoms of speech, religion, and association. His First Amendment work has been cited by the United States Supreme Court.
Senior Counsel and Vice President of U.S. Litigation, Alliance Defending Freedom
David A. Cortman, Esq., serves as senior counsel and vice president of U.S. litigation with Alliance Defending Freedom. He joined ADF in 2005 and currently supervises a team of nearly 40 attorneys and legal staff who specialize in constitutional law, focusing on religious freedom, sanctity of life, and marriage and family.
Cortman has successfully litigated over 200 constitutional law cases in both federal and state court at all levels. He has also litigated several U.S. Supreme Court cases, including arguing before the Court in Reed v. Town of Gilbert, which resulted in a 9-0 victory, with the Court holding that the government could not discriminate against religious speech while favoring political speech. He served as lead counsel in Trinity Lutheran Church of Columbia v. Pauley, which was decided in the Church's favor. He has also served as lead or co-counsel in victories at the high court in Conestoga Wood Specialties v. Burwell, successfully challenging the U.S. Department of Health and Human Services abortion pill mandate that forces employers to provide healthcare coverage that includes abortion-inducing drugs in violation of their religious convictions; Town of Greece v. Galloway, successfully defending the freedom of Americans to pray at public meetings.
Cortman earned his J.D. from Regent University School of Law in 1996, graduating magna cum laude. He is a member of the state bar in Georgia, Florida, Arizona, and the District of Columbia, and is admitted to practice in over two dozen federal courts, including the U.S. Supreme Court. He also teaches legal courses on the First Amendment and civil rights litigation.
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Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
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