MCLE Luncheon with Professor Stephen B. Presser
Oliver's at the Equinox Sports Club Irvine 1980 Main StreetIrvine, California 92614
Here are the latest events.
Raoul Berger Professor of Legal History at Northwestern University School of Law
Stephen Presser is a leading American legal historian and expert on shareholder liability for corporate debts. He is frequently an invited witness before committees of the U.S. Senate and House of Representatives on issues of constitutional law. He holds a joint appointment with the J. L. Kellogg Graduate School of Management and also teaches in Northwestern's history department.
William G. McRoberts Professor in the Empirical Study of Law, Cornell University School of Law
Michael Heise's research focuses on bridging empirical methodologies and legal theory. He earned an A.B. from Stanford University, a J.D. from the University of Chicago, and a Ph.D. from Northwestern University, and was admitted to the Illinois Bar in 1987.
Professor Heise served as Senior Legal Counsel to the Assistant Secretary for Civil Rights in the U.S. Department of Education and later as Deputy Chief of Staff to the U.S. Secretary of Education. He entered academia in 1994 as a Visiting Assistant Professor at Indiana University School of Law, becoming Assistant Professor in 1995, and Associate Professor in 1999 before moving to Case Western Reserve University as Professor of Law. He joined the Cornell Law School faculty as Professor of Law in 2003.
The author or co-author of over one hundred scholarly articles, Professor Heise's research and teaching areas include torts, law and education policy, insurance, constitutional law, and empirical methods. Professor Heise has co-edited the Journal of Empirical Legal Studies since 2005 and is a Founding Director of the Society for Empirical Legal Studies.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Judge, United States Court of Appeals, Sixth Circuit
Amul R. Thapar serves as a judge on the United States Court of Appeals for the Sixth Circuit. His judicial career began in 2007 when President George W. Bush nominated him to serve on the Eastern District of Kentucky, making him the first South Asian Article III judge in American history. In 2017, he became President Donald J. Trump’s first appellate court nominee.
Before joining the bench, Judge Thapar served as the United States Attorney for the Eastern District of Kentucky. While United States Attorney, Judge Thapar worked on the Attorney General’s Advisory Committee (“AGAC”) and chaired the AGAC’s Controlled Substances and Asset Forfeiture subcommittee. He also served on the Terrorism and National Security subcommittee, the Violent Crime subcommittee, and the Child Exploitation working group.
Judge Thapar has worked in private practice, at Williams & Connolly in Washington, D.C., and Squire, Sanders & Dempsey in Cincinnati, Ohio. He also served as an Assistant United States Attorney in both the Southern District of Ohio and the District of Columbia.
Judge Thapar received his undergraduate degree from Boston College and his law degree from the University of California, Berkeley. After graduating, Judge Thapar worked as a law clerk to the Honorable S. Arthur Spiegel of the United States District Court for the Southern District of Ohio, and the Honorable Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit.
Judge Thapar has also published in the Yale Law Journal, Michigan Law Review, and Catholic University Law Review. He teaches courses on originalism, the Federalists and Anti-Federalists, and legal writing at Notre Dame Law School, the University of Virginia School of Law, and Vanderbilt Law School.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
Senior Counsel, Compass Legal Group
Andrew Kloster is Senior Counsel at the nonprofit Compass Legal Group. He is a long-time fixture of the conservative movement, advising clients on the new right on a wide variety of matters criminal, civil, political / electoral, and administrative. Recently, he served as Chief of Staff to the Wisconsin Office of Special Counsel investigation into election administration. Prior to that, he served in the Trump administration, including concurrently as Associate Director in the White House Office of Presidential Personnel and as Deputy General Counsel (and later, Acting General Counsel) in the United States Office of Personnel Management. He has also served in senior positions in regulatory and legal positions at the United States Department of Transportation and the Environmental Protection Agency, and was appointed by President Trump to serve a three-year term on the Council of the Administrative Conference of the United States. Previously, he worked at the Heritage Foundation, the Scalia Law School, and other movement groups. He is a graduate of the University of Miami and the New York University School of Law, and he served as a law clerk on the United States Court of Appeals for the Seventh Circuit.
Vice President & Legal Director, National Right To Work Legal Defense Foundation
Raymond J. LaJeunesse, Jr., is Vice President and Legal Director of the National Right to Work Legal Defense Foundation, a non-profit legal aid organization. He was the first Staff Attorney employed by the Foundation and has more than forty-five years of experience helping workers in litigation in federal and state courts and administrative agencies over the abuses of compulsory unionism.
Mr. LaJeunesse has argued four cases in the United States Supreme Court. Those cases include Lehnert v. Ferris Faculty Ass’n, 500 U.S. 507 (1991), which limited the purposes for which compulsory union fees collected from public employees may lawfully be spent; Air Line Pilots Ass’n v. Miller, 523 U.S. 866 (1998), which established that unions cannot compel nonmembers to exhaust union-established remedies before going to court to challenge compulsory union fees; and Marquez v. Screen Actors Guild, 525 U.S. 33 (1998), in which the Court recognized that unions must notify employees that they can satisfy the “membership” requirement of “union shop” agreements by just paying fees for union bargaining activities and need not join and pay full dues to keep their jobs. He also was lead attorney in Hohe v. Casey, 956 F.2d 399 (3d Cir. 1992), in which more than $8.3 million in compulsory agency fees was recovered from the American Federation of State, County and Municipal Employees for a class of 57,000 nonmembers.
Mr. LaJeunesse is the author of several published articles about labor law, has testified before Congressional committees several times, and was an Advisor on the Transition Team for Labor- Related Agencies, Office of the President-Elect, in 1980-81 and a legislative aide to a member of the Virginia state legislature. He is a Vice Chairman of the Federalist Society’s Labor and Employment Law Practice Group and has spoken or debated at the Society’s National Lawyers Convention and at many Lawyers and Student Chapters on such topics as Right to Work laws, compulsory unionism arrangements, the misuse of union dues for politics, union organizing tactics (“card check” vs. secret-ballot elections), and the future of the union movement.
Professor of Law, University of Louisville Brandeis School of Law
Ariana R. Levinson is a nationally acclaimed and internationally recognized labor and employment law scholar and focuses her teaching on practical legal skills. She has often presented her research, including at Berkeley Law School, Fordham Law School, University of Leeds, and Universidad Carlos II de Madrid. Levinson’s work has been published in the Columbia Business Law Review and the Cornell Journal of Law and Public Policy. She has a forthcoming student co-authored article in the Harvard Journal on Legislation and is working on a hornbook on arbitration.
Professor Levinson received a Corey Rosen Research Fellowship from the Rutgers School of Management and Labor Relations for the 2012-13 academic year, and a Michael W. Huber Fellowship for the 2013-14 academic year. In conjunction with the fellowships, she published "Founding Worker Cooperatives: Social Movement Theory and the Law" in the Nevada Law Journal and is working on a research project about the Cincinnati Union Co-op Initiative. Her article "What the Awards Tell Us about Labor Arbitration of Employment Discrimination Claims", published in the University of Michigan Journal of Law Reform was selected by blind review by Vanderbilt Law School faculty for presentation at the Branstetter New Voices in Civil Justice Workshop in May 2012.
In addition to writing about worker ownership and arbitration, Professor Levinson has also written a number of articles about workplace technology and privacy. Her most recent publications on this topic include a book chapter in the Research Handbook on Electronic Commerce Law.
Professor Levinson is the faculty liaison to the Peggy Browning Fund and a co-planner of the Warns-Render Labor and Employment Law Institute, an annual labor and employment law continuing legal education program. She coaches the mock arbitration team and advises the Wagner moot court team. She is a Reviewer for the American Business Law Journal. Professor Levinson is admitted to practice in Indiana and California.
Prior to teaching at Brandeis School of Law, Professor Levinson taught at USC Gould School of Law and at UCLA School of Law. She clerked for the Honorable John G. Davies (United States District Court, Central District of California) and for the Honorable Myra C. Selby (Supreme Court of Indiana) and practiced labor law, including serving as a fellow for the AFL-CIO's Legal Department.
She graduated magna cum laude from the University of Michigan Law School. During law school, she served as a contributing editor on the Michigan Law Review and was awarded the Robert S. Feldman Labor Law Award for the most outstanding work in that field. She also received a 2014-15 faculty favorite award from the University of Louisville Delphi Center for Teaching and Learning.
Director, Center for American Freedom, America First Policy Institute
James Sherk was born in Ontario, Canada, and immigrated with his family to Midland, Michigan while in middle school. He serves as AFPI’s Director of the Center for American Freedom. Sherk previously served as Special Assistant to the President for Domestic Policy on the White House Domestic Policy Council under President Donald Trump. James served as the Administration’s top civil service reform and labor policy advisor from 2017 to 2021. At the White House, he was the principal author of and/or policy lead for approximately two dozen executive orders and presidential memoranda. Sherk also served as a member of the President’s Council on Improving Federal Civic Architecture. Prior to his White House service, Sherk was a Research Fellow at the Heritage Foundation, where he was a nationally recognized expert on the civil service and labor policy. Sherk received a Bachelor of Science in Mathematics and Economics from Hillsdale College and an Master of Arts in Economics from the University of Rochester. Sherk and his wife, Jill, live in Northern Virginia with three beloved children who teach their parents to ponder inscrutable questions like “how much drawing can go on the walls before we have to repaint them?”
Senior Of Counsel, Covington & Burling LLP and Executive Chairma, The Chertoff Group
Michael Chertoff concentrates in the area of White Collar Defense and Investigations. In recent years, he has handled a series of federal investigations, including complex criminal and civil regulatory matters. He has advised major clients on SEC and Justice Department investigations and successfully served as the independent monitor of a major national healthcare company under criminal and civil investigation.
In addition to his legal work, Mr. Chertoff is Founder and Chairman of The Chertoff Group, a security and risk management firm, where he provides high-level strategic counsel to corporate and government leaders on a broad range of security issues, from risk identification and prevention to preparedness, response and recovery.
In April of 2012, Mr. Chertoff was elected as the new Chairman of the Board of Directors of BAE Systems, Inc. He also sits on the board of directors or board of advisors of a number of companies and nonprofits.
Previously, Mr. Chertoff served as Secretary of the Department of Homeland Security. As Secretary, he led a 218,000 person department with a budget of $50 billion. Mr. Chertoff developed and implemented border security and immigration policy; promulgated homeland security regulations; and spearheaded a national cyber security strategy. He also served periodically on the National Security Council and the Homeland Security Council, and on the Committee on Foreign Investment in the United States.
Prior to his appointment to the Cabinet, Mr. Chertoff served from 2003 to 2005 on the U.S. Court of Appeals for the Third Circuit. Before becoming a federal judge, Mr. Chertoff was the Assistant Attorney General for the Criminal Division of the U.S. Department of Justice. In that position, he oversaw the investigation of the 9/11 terrorist attacks, and formed the Enron Task Force, which produced more than 20 convictions, including those of CEOs Jeffrey Skilling and Kenneth Lay.
Mr. Chertoff’s career includes more than a decade as a federal prosecutor, including service as U.S. Attorney for the District of New Jersey, First Assistant U.S. Attorney for the District of New Jersey, and Assistant U.S. Attorney for the Southern District of New York. As a federal prosecutor, Mr. Chertoff investigated and personally prosecuted significant cases of political corruption, organized crime, and corporate fraud.
From 1994-2001, Mr. Chertoff represented major corporations and individuals in numerous white collar investigations and trials. Among other matters, he successfully represented the nation’s largest hospital company in a four year, multi-jurisdictional criminal and civil investigation, represented major corporations in corruption scandals, and obtained acquittals at trial for individual criminal defendants.
Mr. Chertoff has received numerous awards including the Department of Justice Henry E. Petersen Memorial Award (2006); the Department of Justice John Marshall Award for Trial of Litigation (1987); NAACP Benjamin L. Hooks Award for Distinguished Service (2007); European Institute Transatlantic Leadership Award (2008); and two honorary doctorates. His trial experiences have been featured in over half a dozen books and many news articles.
Former Chief Justice, Delaware Supreme Court; Of Counsel, Potter Anderson
Myron T. Steele is of counsel in the firm's Corporate Litigation Group. He is the former Chief Justice of the Supreme Court of Delaware.
Previously, he served as a Judge of the Superior Court and a Vice Chancellor of the Delaware Court of Chancery after eighteen years in private litigation practice. He has presided over major corporate litigation and LLC and limited partner governance disputes, and writes frequently on issues of corporate document interpretation and corporate governance.
Chief Justice Steele has published over 400 opinions resolving disputes among members of limited liability companies, and limited partnerships, and between shareholders and management of both publicly traded and close corporations. He speaks and writes frequently on issues of corporate document interpretation and corporate governance. His thesis for the LL.M. degree, Judicial Scrutiny of Fiduciary Duties in Delaware Limited Partnerships and Limited Liability Companies, focused on the application of common law fiduciary duties within the contractual framework of alternative business organizations. It was published in the Delaware Journal of Corporate Law (32 Del. J. Corp. L. 1 (2007)). The November 2005 issue of The Business Lawyer included an article he co-authored with Sean J. Griffith entitled On Corporate Law Federalism: Threatening the Thaumatrope (61 Bus. Law. 1 (2005)). He co-authored an article with J.W. Verret entitled Delaware’s Guidance: Ensuring Equity for the Modern Witenagemot published in the Fall 2007 issue of the Virginia Law & Business Review (2 Va. L. & Bus. Rev. 188 (2007)). That article formed the basis for a keynote speech to the Business Law Section at the 2007 ABA Annual Meeting.
For the last ten years he served as judicial advisor to the Mergers and Acquisitions Committee of the ABA Business Law Section. He also co-authored an article entitled “Freedom of Contract and Default Contractual Duties in Delaware Limited Partnerships and Limited Liability Companies” (46 Am. Bus. L.J. 221 (Summer 2009)) and an essay entitled “The Moral Underpinning of Delaware’s Modern Corporate Fiduciary Duties” (26 Notre Dame J.L. Ethics & Pub. Pol’y 3 (2012)).
Chief Justice Steele served as Adjunct Professor of Law at University of Pennsylvania Law School from 2009–2013; University of Virginia Law School 2010–2017; and Pepperdine University Law School 2010–2014.