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.
A pioneer in the field of e-Discovery and privacy law in Puerto Rico, Mr. Mercado serves as legal counsel to Triple-S Management Corp. on outsourcing and technology transactions, e-Discovery, privacy and cybersecurity matters related to the international transfer of personal information, data security policies, the negotiation of key privacy and security contract terms in services agreements, legal and regulatory compliance, risk assessments, privacy policies and information governance,among other legal affairs.
He is the author of the first of its kind academic treatise on e-Discovery in Puerto Rico titled Advanced Civil Procedure: The Discovery of Electronically Stored Information, which was awarded the Legal Textbook of the Year Award by the Puerto Rico Bar Association on September 2017 and has been recognized by the Supreme Court of Puerto Rico as an academic on data privacy and e-Discovery promoting changes in the way of approaching legal controversies concerning electronic data and for the legal development of these areas of law in Puerto Rico. Mr. Mercado is also afrequent lecturer on the subject area of e-Discovery, having served as adjunct professor of law at the Inter American University of Puerto Rico and the Pontifical Catholic University of Puerto Rico.
Mr. Mercado earned his law degree, Summa Cum Laude, from the Inter American University of Puerto Rico in 2006. In 2012, he obtained a Master of Laws in e-Discovery, Intellectual Property, Computer Privacy, Antitrust and Employment Discrimination from Columbia University. He has been certified by the International Association of Privacy Professionals (“IAPP”) as an Information Privacy Professional on the legal frameworks of Europe and the United States, and as an Information Privacy Manager. He is a trained mediator by the American Arbitration Association; a fellow member of the world's only directory of qualified e-discovery neutrals, the American College of e-Neutrals (“ACESIN”); a Bates Group LLC affiliate expert on e-Discovery and privacy law; Chair of the IAPP’s Puerto Rico KnowledgeNet Chapter; and a member of Triple-S Management Corp.’s Security Incident Response Team and Privacy Steering Committee.
Judge, United States Court of Appeals, Third Circuit
Biography
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Former Congresswoman, U.S. House or Representatives
Biography
Former Representative Sue Myrick (NC-9) came to Congress in 1995 after building a successful advertising and public relations business, and serving two terms as mayor of Charlotte, NC, the state’s largest city and commercial hub. She represented North Carolina's 9th district, which covers portions of Union, Mecklenburg, and Gaston Counties.
Ms. Myrick served as the Vice Chairman of the Energy and Commerce Committee, which is the oldest legislative committee in the U.S. House of Representatives. It enjoys the broadest legislative responsibility of any House committee, including public health, telecommunications, energy, consumer protection, food and drug safety, air quality, environmental health, and interstate and foreign commerce. In addition, the jurisdiction extends over five Cabinet-level departments and seven independent agencies.
In 2009, Ms. Myrick was selected by House Leadership to serve on the House Permanent Select Committee on Intelligence. The Intelligence Committee has jurisdiction over the Intelligence community, including intelligence-related activities of the CIA, Defense Intelligence Agency (DIA), the National Security Agency, and other agencies of the Department of Defense (DOD), and the Departments of State, Justice, and Treasury.
From 2002 to 2004, she served as Chairman of the Republican Study Committee (RSC) , the largest voting bloc in Congress. The RSC is a group of House Republicans that are organized for the purpose of advancing a conservative economic and social agenda for America. Under her tenure, the RSC grew from 65 to over 96 members and became an influential force in shaping policy in Congress.
Ms. Myrick is the former President and CEO of Myrick Advertising and Public Relations and Myrick Enterprises. Before Congress, she served on the Charlotte City Council and was a two-term mayor of the City of Charlotte. Sue remains the first and only female mayor in Charlotte history.
She is a wife; a mother of two children and three step-children. She and her husband, Ed, have 12 grandchildren and 7 great grandchildren.
Chief Investigative Counsel, U.S. House of Representatives Committee on Oversight and Government Reform
Biography
Steve Castor is chief investigative counsel for the U.S. House of Representatives Committee on Oversight and Government Reform under committee Chairman Trey Gowdy (R-SC). He has served on the committee staff since 2005, and during his twelve-year tenure participated in a wide variety of high-profile oversight investigations. Prior to working for Congress, he practiced commercial litigation in Philadelphia and Washington, D.C. He earned his law degree from George Washington University.
Vice President, Networks, The Federalist Society for Law and Public Policy Studies
Biography
Nathan Kaczmarek is Vice President for Networks at the Federalist Society. He began his legal career in Detroit representing nationwide clients in all phases of healthcare litigation and complex medical malpractice claims. He has since served as a Senior Legal and Policy Advisor in the U.S. House of Representatives and as Counsel for the Subcommittee on Regulatory Affairs and Federal Management in the U.S. Senate. Prior to overseeing the Networks, he was Director of the Practice Groups, the Regulatory Transparency Project, and the Article I Initiative for the Federalist Society.
Nathan holds degrees from Hillsdale College and Thomas M. Cooley Law School. He is a Liaison Representative for The Administrative Conference of the United States. He also serves as Vice President of the Associates of St. John Bosco, a Virginia based non-profit dedicated to Catholic high school and college students.
Amanda H. Neely is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher and is a member of the Public Policy, Congressional Investigations, White Collar, and National Security practice groups.
Ms. Neely has extensive experience working on Capitol Hill. She leverages that expertise to advise clients regarding their interactions with Congress and the executive branch. Over the course of ten years, Ms. Neely held several senior staff positions in Congress. She served as Director of Governmental Affairs for the Senate Homeland Security and Governmental Affairs and General Counsel to Senator Rob Portman. Under Senator Portman’s chairmanship, she also served as Deputy Chief Counsel for the Permanent Subcommittee on Investigations. In those roles, she managed Senator Portman’s regulatory reform agenda and led oversight of federal government agencies and investigations into private entities. She previously served in several other Capitol Hill offices including as Oversight Counsel for the House of Representatives Committee on Ways and Means.
Congressional Investigations: At Gibson Dunn, Ms. Neely has represented clients undergoing investigations by numerous congressional committees, including the Senate Permanent Subcommittee on Investigations; Senate Finance Committee; Senate Judiciary Committee; Senate Health, Education, Labor, and Pensions Committee; House Committee on Oversight and Accountability; House Judiciary Committee; and the House Energy and Commerce Committee. In the course of those representations, Ms. Neely assists clients in all stages of investigations, including responding to letter requests and subpoenas to preparing witnesses for interviews, depositions, and congressional hearings. She also has assisted clients appearing before independent commissions such as the Financial Crisis Inquiry Commission and the Commission on Wartime Contracting.
Public Policy: Ms. Neely also works with clients to advance their legislative interests on Capitol Hill by gathering intelligence, formulating strategic plans, and executing lobbying campaigns. In those matters, she has represented a wide range of clients from the fields of technology, healthcare, finance, and energy.
Regulatory Counseling: Ms. Neely regularly advises clients regarding their interests before regulatory agencies. Her expertise in the CHIPS and Science Act allows her to help clients comply with the Department of Commerce’s regulations and assist them in commenting on agency rules and applying for funding. She also works with clients to engage in the rulemaking process at agencies ranging from the Consumer Financial Protection Bureau to the Commodity Futures Trading Commission to the Securities and Exchange Commission.
Ms. Neely also has participated in a variety of litigation matters before state and federal trial and appellate courts, including several class action defense and False Claims Act cases.
Ms. Neely clerked for the Honorable David B. Sentelle, then-Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. She earned her law degree cum laude from Duke University School of Law, where she served as the Articles Editor for both the Alaska Law Review and the Duke Journal of Constitutional Law & Public Policy. She was a member of the Duke Law Moot Court Board and served on the executive board of the Duke Law Federalist Society.
Ms. Neely graduated cum laude from Princeton University, where she majored in English and earned a certificate in Medieval Studies. She served for two years on United States Senator Elizabeth Dole’s staff as a legislative correspondent, focusing on banking, housing, budget, and tax issues. Ms. Neely is admitted to practice law in the District of Columbia and before the United States Courts of Appeals for the District of Columbia Circuit.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
Biography
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power;Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Biography
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.