Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Biography
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.
Timothy P. O'Toole defends individuals and companies in white collar criminal prosecutions, conducts internal corporate investigations, and represents potential witnesses and targets in government investigations. His white collar criminal defense practice includes matters involving the Foreign Corrupt Practices Act, criminal tax, conspiracy, false representations to government agencies, bribery, illegal gratuities, obstruction of justice, and fraud.
Mr. O’Toole also handles complex litigation arising under the Employee Retirement Income Security Act (ERISA). His ERISA practice spans a broad spectrum, including fiduciary litigation, pre-emption matters, and cases arising under Title IV. He has represented plan sponsors in benefits litigation and has particular experience in defending breach of fiduciary duty claims. Mr. O’Toole also currently represents a number of retiree organizations in challenges to the manner in which the Pension Benefit Guaranty Corporation (PBGC) has handled the termination of their pension plans and administered their pension benefits.
Mr. O'Toole is experienced in handling criminal and civil appeals, having presented more than 25 appellate arguments in the state and federal courts, and represented parties and amici curiae before the United States Supreme Court in a Fourth Amendment case (Hudson v. Michigan), cases involving the Sixth Amendment right to confront witnesses (Briscoe v. Virginia; Melendez-Diaz v. Massachusetts; Davis v. Washington; and Hammon v. Indiana), and cases involving federal court jurisdiction (Slack v. McDaniel; Whorton v. Bockting; Muhammad v. Close; and Rumsfeld v. Padilla).
Prior to joining Miller & Chevalier, Mr. O’Toole served as the Chief of the Special Litigation Division of the Public Defender Service for the District of Columbia, where he supervised and handled complex cases in the local and federal courts. He is a former Assistant Federal Public Defender in Las Vegas, Nevada, where he represented people under sentence of death in federal proceedings.
Tom has over 15 years’ experience in private practice and public service at the federal and state levels representing clients in high-stakes appellate and regulatory litigation matters. Tom has argued appeals in the Fourth, Fifth, Ninth, D.C. and Federal Circuits, and the West Virginia Supreme Court of Appeals.
Prior to joining Wiley, Tom was the General Counsel at the Federal Communications Commission (FCC), where he served as the agency’s chief legal officer and briefed dozens of appeals – personally arguing two – in the federal courts of appeals in constitutional and administrative law challenges to the FCC’s orders. Tom managed a team of over 70 attorneys and staff and provided consultation and advice on a wide range of practice areas relating to the FCC’s work, including administrative law, appellate and trial litigation, bankruptcy, ethics, fiscal law, fraud, labor and employment, and public records requests. He has spent his career advising clients on all stages of federal agency rulemaking, adjudication, and litigation, in fields ranging from communications to environmental law to securities to labor and employment. He frequently speaks and writes on legal issues and his articles have appeared in the Wall Street Journal, Washington Post, National Review, Forbes, and Newark Star-Ledger.
Co-Chairman, The Federalist Society for Law and Public Policy Studies
Biography
Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.
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.
Jeff Jacobson defends consumer, privacy and securities class actions, and represents media, technology and other companies in general commercial litigation. With nearly two decades in private practice and several years of experience at the highest levels of the New Jersey Attorney General’s Office, Mr. Jacobson assists his clients to resolve and minimize the reputational damage and business interruptions that can arise from litigation, particularly costly class actions. In addition, Mr. Jacobson has considerable and proven skills in managing the electronic discovery challenges presented by complex litigation and investigative matters.
During his tenure as director of the New Jersey Division of Law and chief counsel to the New Jersey Attorney General (2014-16), Mr. Jacobson oversaw law enforcement investigations involving consumer protection and data privacy, chaired the Attorney General’s Cyber Working Group, and oversaw more than 500 lawyers who represented all agencies of state government in defensive and affirmative litigation. Throughout his tenure, Jeff personally handled some of the state’s highest profile cases in state and federal court.
Because Mr. Jacobson has chaired both the prosecution and defense of major consumer fraud and privacy litigation, he is able to provide his clients with the benefit of a truly multifaceted and strategic perspective regarding even the highest-stakes claims. Mr. Jacobson has successfully defended consumer fraud and privacy-related class actions for media, electronics and consumer products companies, as well as securities class actions for U.S.-based and foreign private issuers in federal and state trial and appellate courts.
Class actions can be both costly and disruptive, so Mr. Jacobson strives to resolve such matters in his client’s favor as quickly and inexpensively as possible. This may mean moving the court to deny class certification at the earliest stage of a case, seeking quick summary judgment on key issues underlying the class motion, or devising a settlement that costs less than litigating the case. In matters requiring extensive discovery, Mr. Jacobson focuses on avoiding unnecessary tasks and minimizing vendor costs.
Mr. Jacobson has been selected to the Data Protection and Privacy and Securities Litigation lists by US Legal 500, a Legalease Publication. A description of the selection methodology can be found at www.legal500.com/assets/pages/about-us/how-it-works.html#rank. He has also been recognized as a Securities Litigation “Star” in the IFLR Benchmark Litigation Guide. A description of the selection methodology can be found at www.benchmarklitigation.com/general/research. (No aspect of these advertisements have been approved by the Supreme Court of New Jersey.)
Mr. Jacobson has written extensively on class action defense and e-discovery strategies for the New York Law Journal, Class Action Litigation Report, Product Liability Law 360, and other publications. He is also a member of the advisory board of the Association of Certified E-Discovery Specialists, and served on a New Jersey Supreme Court task force to assess attorney ethics issues arising from metadata in electronic documents.
Alan Raul is the founder and leader of Sidley’s highly ranked Privacy, Data Security and Information Law practice. He represents companies on federal, state and international privacy and cybersecurity issues, including global data protection and compliance programs, data breaches, consumer protection issues and Internet law. Mr. Raul advises companies regarding their cybersecurity and information governance and preparedness, and helps them address crisis management for data security incidents. Mr. Raul’s practice involves litigation and counseling regarding consumer class actions and investigations, enforcement actions and policy development by the FTC, State Attorneys General, SEC, Department of Justice and other government agencies.
Mr. Raul provides clients with perspective gained from extensive government service. He previously served as Vice Chairman of the White House Privacy and Civil Liberties Oversight Board, General Counsel of the Office of Management and Budget, General Counsel of the U.S. Department of Agriculture, and Associate Counsel to the President.
Mr. Raul serves as a member of the Data Security, Privacy, and Intellectual Property Litigation Advisory Committee of the U.S. Chamber Litigation Center (affiliated with the U.S. Chamber of Commerce). He also serves ex officio on the American Bar Association’s Cybersecurity Legal Task Force by past appointment of the ABA President, and as a member of the Practicing Law Institute’s (PLI) Privacy Law Advisors Group.
Mr. Raul has represented a Special Cybersecurity Review Committee of the Board of Directors of a major tech company in connection with its independent investigation of the company’s handling of major data breaches.
In addition to leading a “Privacy and Data Security” practice nationally rated by Chambers Global and Chambers USA, Mr. Raul is ranked by Chambers in its top tier of Privacy and Data Security practitioners. Chambers USA has described Mr. Raul as a “true ‘ambassador’ for the privacy sector” who “attracts praise for his deep knowledge of the field. Interviewees stress that ‘he gives invaluable advice’ and is known to be a strong litigator. He also earns plaudits for his regulatory compliance and data protection policy expertise.” He has been named as a leading international Internet and E-Commerce Lawyer in Who’s Who Legal. Mr. Raul was also named to Ethisphere Institute’s “Attorneys Who Matter” in Data Privacy/Security, which recognizes lawyers with the highest commitment to public service, legal community engagement and academic involvement. In 2016, the Washingtonian named Mr. Raul one of Washington, DC’s Best Lawyers: Cybersecurity.
In 1991, Mr. Raul co-founded the “Lawyers Have Heart” 10K run and walk, to benefit the American Heart Association. He continues his active involvement with the event.