An Unconventional View of Intellectual Property and Antitrust Policy — A Fireside Chat with Prof. Jonathan Barnett
The Mayflower Hotel1127 Connecticut Ave NW
Washington, DC 20036
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Professor, University of Southern California Gould School of Law
Jonathan Barnett is the Torrey H. Webb Professor of Law at the Gould School of Law, University of Southern California. He founded and currently directs the USC Media, Entertainment and Technology Law Program. Barnett specializes in intellectual property, contracts, antitrust, and corporate law. Barnett has published in the Harvard Law Review, Yale Law Journal, Journal of Legal Studies, Review of Law & Economics, Journal of Corporation Law and other scholarly journals.
He joined USC Law in fall 2006 and was a visiting professor at New York University School of Law in fall 2010. Prior to academia, Barnett practiced corporate law as a senior associate at Cleary Gottlieb Steen & Hamilton in New York, specializing in private equity and mergers and acquisitions transactions. He was also a visiting assistant professor at Fordham University School of Law in New York. A magna cum laude graduate of University of Pennsylvania, Barnett received a MPhil from Cambridge University and a JD from Yale Law School.
Partner, Duane Morris LLP
Brian Pandya is Partner at Duane Morris LLP. A member of the firm’s Trial Practice Group, Brian represents technology, manufacturing, and healthcare companies in high-stakes litigation, arbitrations, investigations and appeals. He has served as lead trial counsel in a range of intellectual property, antitrust, complex commercial and white-collar matters. He also regularly counsels clients on cybersecurity and national security issues, particularly matters concerning emerging technologies and artificial intelligence.
Before joining Duane Morris, Brian served at the U.S. Department of Justice as Deputy Associate Attorney General from 2019-21, where he oversaw investigations and litigation undertaken by the Antitrust Division and Civil Division and served on several high-profile task forces and trial teams. Brian was also previously a litigation and IP partner at another prominent Washington, DC firm.
Brian clerked for Judge Leonard Davis on the United States District Court for the Eastern District of Texas. He is a two-time recipient of the Federal Circuit Bar Association’s Pro Bono Advocacy Award for work on behalf of military veterans and has served as volunteer federal public defender in the Eastern District of Virginia, among many other bar and community engagements.
Brian graduated cum laude from the University of Michigan Law School, where he was articles editor of the Michigan Telecommunications and Technology Law Review, and with honors and high distinction in mechanical engineering from Penn State University, where he received the Ralph Dorn Hetzel Memorial Award.
United States District Court, Southern District of Texas
Prior to joining TXSE, Jeff served as acting general counsel of Charles Schwab and led its Office of Legislative and Regulatory Affairs in Washington, D.C. for the past two decades, managing the company's response to public policy initiatives and advocating for policies that aid individual investors. He has over four decades of securities markets experience, starting his career as an options trader at the Philadelphia Stock Exchange, then founding his own trading firm, and later serving on the exchange's Board of Governors. He also served as senior counsel in the Division of Market Regulation at the U.S. Securities and Exchange Commission. Jeff's additional experience in the securities industry includes serving as vice president for regulation and general counsel at the Cincinnati Stock Exchange and as chairman of the Operating Committee of the National Market System Plan governing Nasdaq securities. Jeff holds degrees from the Wharton School of the University of Pennsylvania and Ohio Northern School of Law.
Immigration Policy Analyst, Cato Institute
David J. Bier is an immigration policy analyst at the Cato Institute’s Center for Global Liberty and Prosperity. He is an expert on visa reform, border security, and interior enforcement, and his work has been cited in the Washington Post, New York Times, Wall Street Journal, USA Today, Politico, and many other print and online publications.
From 2013 to 2015, Mr. Bier drafted immigration legislation as senior policy advisor for Congressman Raúl Labrador, a member of the House Judiciary Committee’s Subcommittee on Immigration and Border Security. Previously, he worked as the immigration policy analyst at the Competitive Enterprise Institute and most recently as the director of immigration policy at the Niskanen Center.
Mr. Bier has a B.A. in political science from Grove City College in Pennsylvania.
First Assistant Attorney General, Texas
Brent Webster was appointed by Ken Paxton to be First Assistant Attorney General in 2020. As second in command to Ken Paxton, Brent’s job is to implement Paxton’s policy and litigation initiatives and manage the day-to-day operation of the Office of the Attorney General, which employs approximately 4200 Texans.
Since his appointment in October 2020, Brent has led a multi-pronged initiative at Ken Paxton’s request to (1) serve as the primary check on the federal governments overreach, (2) ensure that Texas is deterring wrongful conduct in the state through civil enforcement mechanisms, and (3) instill a trial-focused, litigation-first mentality across the agency to foster better results for Texas when involved in litigation. Brent has led Ken Paxton’s litigation against the federal government in 106 lawsuits, with a staggering win rate above 75%, he has doubled the average annual recovery through civil enforcement, amounting to over $426 million dollars in his first fiscal year and $548 million in his second fiscal year, and he has led an agency-wide initiative to empower OAG lawyers to aggressively pursue the State’s interests in court, whether against liberal municipalities, rogue school districts, or anyone else who violates the law in Texas. Most recently, Brent was the lead negotiator at mediation for the historic 1.4-billion-dollar settlement against Meta for the State of Texas.
Prior to joining the Attorney General's Office, Webster served in a variety of leadership roles including First Assistant District Attorney in Williamson County, Texas, Chief Operations Officer and General Counsel at an Austin start-up, and Senior Counsel at a litigation law firm. While serving as a Criminal Prosecutor for 10 years in Williamson he was awarded the “Crime Victim Advocate Hall of Fame Award” for outstanding service to crime victims.
Webster received his undergraduate education at Southwestern University in Georgetown, Texas graduating in 2003, and received his legal education at University of Houston Law Center in 2005. He is licensed to practice law by the state of Texas and is admitted to practice before the U.S. Supreme Court, and the federal district courts in the Western, Southern, and Northern districts of Texas.
Professor, Cumberland School of Law, Samford University
Michael DeBow joined the Cumberland faculty in 1988. He regularly teaches courses in Property, Business Organizations, Administrative Law, Legislation, and Local Government.
Professor DeBow is a native of Tupelo, Mississippi. He received his bachelor's and master's degrees in economics from the University of Alabama (1976, 1978). He graduated from the Yale Law School in 1980, and is a member of the District of Columbia Bar.
DeBow's career included a stint in private practice in Washington, D.C., followed by a judicial clerkship with Judge Kenneth W. Starr of the U.S. Court of Appeals for the D.C. Circuit in 1983-84. DeBow then served as an attorney-advisor to Federal Trade Commission chairman James C. Miller III (1984-85), and a special assistant to Assistant Attorney General Douglas Ginsburg, in the Antitrust Division of the U.S. Department of Justice (1985-86). He began his teaching career at the University of Georgia business school, where he taught for two years prior to coming to Samford.
From 2000 to 2004, DeBow also acted in a part-time capacity as special assistant for legal policy to Alabama attorney general Bill Pryor. He was a visiting professor of law at George Mason University in 1999. He was a (nonresident) Salvatori Fellow of The Heritage Foundation during 1993-95, and a member of the executive committee of the Association of Private Enterprise Education during 1995-99. DeBow attended summer institutes in quantitative methods for law professors (George Mason Law & Economics Center, 1990), Austrian economics (NYU Department of Economics, 1997), and the study of freedom (Templeton Foundation Freedom Project, 2000). In 2008 he was named an Adjunct Fellow of the Alabama Policy Institute.
Professor DeBow has taught several undergraduate courses at Samford, including one which received a supporting grant from the John Templeton Foundation. Most recently, he taught an undergraduate course in law and economics for the Samford's Brock School of Business. He has also taught public health law for the UAB School of Public Health on several occasions.
DeBow's articles have appeared in such journals as the Texas Law Review, Harvard Journal of Law & Public Policy, Regulation, Policy Review, The Freeman, and the Journal of Law & Politics. He co-edits the Federalist Society's Pre-Law Reading List and its annotated bibliography of conservative and libertarian legal scholarship.
Partner, Luther Strange & Associates
Annie Donaldson Talley is Partner at Luther Strange and Associates. She recently departed the White House after serving as Deputy Assistant to the President and Deputy Counsel to the President. Over the past four years, she provided outside counsel to the Donald J. Trump for President campaign; helped stand up and manage the White House Counsel’s Office; interfaced with agencies across the federal government; and advised the President of the United States, White House Counsel, Chief of Staff and other senior staff across the Executive Office of the President on a broad range of issues from regulatory reform to executive nominations to the day-to-day issues facing the Administration.
Prior to her White House service, Annie Donaldson Talley counseled clients in the non-profit, for-profit, political, and government sectors, as well as high-profile individuals in private practice at Jones Day and Patton Boggs. She provided strategic counseling to clients structuring their affairs to ensure compliance with a web of state and federal laws and represented clients in complex, multi-faceted investigations, leading teams navigating issues of intense public scrutiny.
Annie Donaldson Talley is also a veteran of three presidential campaigns and served in state government. She holds a B.A., summa cum laude, from the University of Alabama and a J.D. from Harvard Law School, where she served on the Harvard Law Review. She lives in Montgomery, Alabama with her husband, Brett.
United States Attorney for the District of Maryland, U.S. Department of Justice
Robert K. Hur is the 48th United States Attorney for the District of Maryland. As U.S. Attorney, he is the chief federal law enforcement officer in the District of Maryland. Mr. Hur oversees the investigation and litigation of all criminal and civil cases brought on behalf of the United States in the District of Maryland. He supervises an office of approximately 88 Assistant U.S. Attorneys and 72 support personnel, who handle a high volume of matters including domestic and international terrorism, narcotics trafficking, organized crime, gang violence, public corruption, cybercrime, financial and healthcare fraud, and civil rights violations. He also serves as a member of the Attorney General’s Advisory Committee of United States Attorneys (“AGAC”), which provides advice and counsel to the Attorney General on matters of policy, procedure, and management impacting the Offices of the United States Attorneys.
Before taking office as U.S. Attorney on April 9, 2018, Mr. Hur served as Principal Associate Deputy Attorney General with the Department of Justice in Washington, DC. In that position, Mr. Hur was a member of the Department’s senior leadership team and the top aide to Deputy Attorney General Rod J. Rosenstein, assisting him with oversight of all components of the Department.
Mr. Hur served as an Assistant U.S. Attorney in the District of Maryland from 2007 to 2014, where he prosecuted gang violence, firearms offenses, and narcotics trafficking, as well as white-collar offenses including financial institutions fraud, public corruption, mortgage fraud, tax offenses, computer network intrusions, and intellectual property theft. He received the Attorney General’s Distinguished Service Award for superior performance and excellence as a lawyer.
Before joining the U.S. Attorney’s Office, Mr. Hur served as Special Assistant and later Counsel to the Assistant Attorney General in charge of the Criminal Division, where he handled counterterrorism, corporate fraud, and appellate matters.
In addition to his service with the Department of Justice, Mr. Hur was a litigation partner with a major law firm in Washington, D.C., where he represented companies and individuals facing criminal and regulatory enforcement actions before the Department of Justice, the Securities and Exchange Commission, and other federal agencies, as well as related civil litigation.
Mr. Hur began his legal career as a law clerk for the late William H. Rehnquist, Chief Justice of the United States, and Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit.
Mr. Hur received his A.B. degree, magna cum laude with highest honors, from Harvard College. He received his J.D. from Stanford Law School, where he served as Executive Editor of the Stanford Law Review.
Editor, SCOTUSblog
Partner, King & Spalding LLP
Rod J. Rosenstein is a partner in King & Spalding’s Special Matters & Government Investigations practice. Drawing upon three decades of experience as a federal prosecutor and a senior government official, Rod helps clients resolve complex regulatory and litigation challenges, including government investigations, crisis management, internal investigations, national security, compliance and monitoring.
Rod served in senior leadership positions at the U.S. Department of Justice during the administrations of Presidents George W. Bush, Barack Obama and Donald Trump, including as Deputy Attorney General (2017 to 2019) and United States Attorney for Maryland (2005 to 2017).
As the second-highest ranking official at the Department of Justice, Rod was responsible for overseeing 115,000 employees in the Department’s litigating divisions, law enforcement agencies and United States Attorney’s Offices, and for formulating and implementing federal enforcement policies. He led the revision of policies concerning corporate criminal prosecutions and parallel domestic and foreign investigations, Foreign Corrupt Practices Act matters, and health care fraud cases. He also reviewed significant proposed criminal and civil enforcement actions, proposed False Claims Act settlements and related matters, and proposals to appoint corporate monitors. Rod also acted on national security matters subject to review by the Committee on Foreign Investment in the United States (CFIUS). Additionally, Rod led the interagency Task Force on Market Integrity and Consumer Fraud and developed a strategy to combat cybercrime as head of the Department’s Cyber-Digital Task Force.
President and Chairman of the Board, Judicial Education Institute
James Heilpern is President and Chairman of the Board of the Judicial Education Institute, a
501(c)(3) organization that provides high quality judicial education seminars to judges
nationwide. He specializes in helping judges harness new technology to improve the
interpretive process. In the last three years alone, he has trained approximately 250 judges
from at least 50 different jurisdictions, as well as hundreds of practicing attorneys, on
topics related artificial intelligence, corpus linguistics, and statutory interpretation. He also
serves as counsel at the law firm Schaerr-Jaffe, where he regularly represents clients at all
three levels of the federal judiciary, as well as before state supreme courts. He was part of
the team the represented the state of Georgia in Texas v. Pennsylvania, et. al., successfully
persuading the Supreme Court to dismiss Texas’ last-ditch effort to overturn the results of
the 2020 presidential election. Heilpern’s scholarship has been cited by the Second
Circuit, the DDC, and the Virginia Supreme Court, as well as dozens of times in the merits
and amicus briefs of Trump v. Anderson. He is a Research Fellow at the Georgetown Center
for the Constitution, and previously served as a Senior Fellow at the BYU Law School; as
General Counsel of an ed-tech start up; and as a strategic advisor to an artificial
intelligence company. He graduated magna cum laude from the BYU Law School and with
highest honors and with distinction from the University of North Carolina at Chapel Hill. He
previously clerked from Judge Edith Clement on the U.S. Court of Appeals for the Fifth
Circuit and Judge Robert H. Cleland on the U.S. District Court for the Eastern District of
Michigan.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
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 is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
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.
Partner, Boyden Gray PLLC
Trent McCotter is a partner with Boyden Gray PLLC. He previously served as Deputy Associate Attorney General of the United States and as an Assistant U.S. Attorney.
Mr. McCotter maintains an extensive appellate practice. He has considerable experience identifying and briefing cases that draw the Supreme Court’s attention, having persuaded the Court to grant certiorari in numerous cases raising issues of sovereignty, constitutional rights, due process, and criminal law. He has authored and submitted over 60 briefs at the Court.
He has also personally argued more than fifteen federal appeals across the Second, Fourth, Fifth, Sixth, Ninth, Eleventh, Federal, and D.C. Circuits—including once arguing three separate appeals in just four days. He has also twice argued before the 17-judge en banc Fifth Circuit. He has been counsel in over 50 other appeals raising matters from FOIA and the APA to constitutional rights and statutory construction.
As Deputy Associate Attorney General, Mr. McCotter oversaw DOJ’s Civil Appellate and Federal Programs branches, which are responsible for defending nearly all major litigation against the federal government. During his three years as a federal trial attorney in the Eastern District of Virginia’s “Rocket Docket,” Mr. McCotter won the Attorney General’s Award for Distinguished Service.
During his DOJ tenures, Mr. McCotter also assisted with the confirmations of two Supreme Court justices and over a dozen lower-court judges.
Mr. McCotter served as an inaugural clerk to the Hon. Steven J. Menashi on the U.S. Court of Appeals for the Second Circuit and also clerked for the Hon. R. Lanier Anderson III on the U.S. Court of Appeals for the Eleventh Circuit.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Judge, United States Court of Appeals, Sixth Circuit
Judge Readler earned his undergraduate and law degrees from the University of Michigan. After graduating, he served as a law clerk to Judge Alan Norris of the United States Court of Appeals for the Sixth Circuit. Judge Readler then began practicing law in the Columbus office of the international law firm Jones Day, eventually spending ten years as a partner in the firm’s Issues and Appeals Practice Group. While at Jones Day, Judge Readler appeared in state and federal trial and appellate courts around the country, most frequently the Supreme Court of Ohio and the Sixth Circuit. Judge Readler also successfully argued before the United States Supreme Court in McQuiggin v. Perkins on behalf of an inmate claiming actual innocence. His other pro bono representations include representing capital defendants before the Tenth Circuit and the Supreme Court of Ohio, as well as representing defendants sentenced to life in prison before the Sixth Circuit. While at Jones Day, Judge Readler traveled to Nairobi with Lawyers Without Borders to train Kenyan lawyers in prosecuting domestic violence cases, and he was also a recipient of the American Marshall Memorial Fellowship awarded by the German Marshall Fund of the United States. Following his career in private practice, Judge Readler served as Acting Assistant Attorney General for the Civil Division of the United States Department of Justice from 2017 to 2019. In that role, Judge Readler led and supervised over 1,000 lawyers in the Department’s largest litigating division, briefing and arguing several cases on behalf of the United States in federal courts across the country, including high-profile cases significant to the Administration and the Department. In March 2019, Judge Readler was confirmed to serve as a Circuit Judge on the Sixth Circuit. He resides in Columbus.