A Panel Discussion on the Judicial Selection and Removal Processes: Differences in Federal vs. State Appellate and Trial Courts
North Central Florida Chapter
Hilton Garden Inn Ocala Downtown, Quarter Horse120 E Silver Spring Blvd
Ocala, FL 34470
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U.S. District Court for the Middle District of Florida
Prior to joining the federal bench, Judge Barber served as a Circuit Judge in the criminal division of the Thirteenth Judicial Circuit, where he has served since his appointment by the Governor in 2008. As a Circuit Judge he has handled the full range of civil and criminal cases. He previously served for four years as a Hillsborough County Court Judge. Upon graduation from law school, Judge Barber practiced for five years in the trial and business litigation department of Carlton Fields, P.A. He then served as an Assistant Statewide Prosecutor in the Office of Statewide Prosecution and as an Assistant State Attorney for the Thirteenth Judicial Circuit. Upon completion of his service as a prosecutor he returned to Carlton Fields, P.A., where his practice focused on business litigation until his appointment to the bench.
Judge Barber earned his B.A. from the University of Florida, where he was inducted into Phi Beta Kappa, and his J.D. from the University of Pennsylvania Law School.
United States District Judge, Middle District of Florida
Judge Berger was raised in Jacksonville, Florida. She received her undergraduate degree from The Florida State University in 1990 and her law degree from The Florida State University College of Law in 1992, where she was a member of Law Review. Judge Berger served as an Assistant State Attorney in the Seventh Judicial Circuit from 1993 – 2000. In January 2001, Judge Berger left the State Attorney’s Office to serve as an Assistant General Counsel to Governor Jeb Bush. Judge Berger served in Governor Bush’s administration from January 2001 until May 2005, when she was appointed by the governor to serve as a Circuit Judge in the Seventh Judicial Circuit. During her service on the circuit court, Judge Berger presided over the civil and probate divisions (2005-2006) and adult felony division (2006-2012) in St. Augustine. She was also the presiding judge of the St. Johns County Adult Drug Court Program (2005-2012).
Judge Berger is currently a member of the St. Johns County Bar Association, the Orange County Bar Association, The Florida Supreme Court Committee on Civil Jury Instructions, the Florida Bar Criminal Procedure Rules Committee, the Florida Bar Appellate Practice Section’s Executive Council, the Dunn Blount Inn of Court, and the Federalist Society. She has prior service on the Florida Bar’s Judicial Administration and Evaluation Committee (2008 – 2013), the Judicial Administration Selection and Tenure Committee (2001-2004), the Florida Supreme Court Subcommittee on Postconviction Relief (2010-2011), the Statewide Diversity Team (2009-2012), and has been a member of both the National Association of Drug Court Professionals and the Florida Association of Drug Court Professionals.
Judge Berger has lectured on a wide range of topics including practicing with professionalism, judicial diversity, the judicial appointment process, effective oral arguments, fundamentals of extradition, capital cases, gender bias in the media, drug court, and drug and alcohol prevention.
Active in her community, Judge Berger served as a member of the St. Johns County Consortium on Substance Abuse as well as the St. Johns County Public Safety Committee. She is a member of the St. Augustine Rotary Club (Paul Harris Fellow) and is a steering committee member of The Marketplace Christian Professional Resources. She volunteers in the schools, has served as a reading mentor, and participates in the PACT Prevention Coalition’s Safe Prom Event. Judge Berger is also an active member of Trinity Episcopal Parish.
Judge Berger and her husband, Larry, live in St. Augustine with their two children.
County Judge, Fifth Judicial Circuit Of Florida
Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Professor of Law Emeritus; Senior Fellow for Climate Policy, Environmental Law Center, Vermont Law School
Patrick A. Parenteau is Emeritus Professor of Law and Senior Fellow for Climate Policy in the Environmental Law Center at Vermont Law School. He previously served as Director of the Environmental Law Center and was the founding director of the EAC (formerly the Environmental and Natural Resources Law Clinic) in 2004.
Professor Parenteau has an extensive background in environmental and natural resources law. His previous positions include Vice President for Conservation with the National Wildlife Federation in Washington, DC (1976-1984); Regional Counsel to the New England Regional Office of the EPA in Boston (1984-1987); Commissioner of the Vermont Department of Environmental Conservation (1987-1989); and Senior Counsel with the Perkins Coie law firm in Portland, Oregon (1989-1993).
Professor Parenteau has been involved in drafting, litigating, implementing, teaching, and writing about environmental law and policy for over three decades. His current focus is on confronting the profound challenges of climate change through his teaching, publishing, public speaking and litigation.
Professor Parenteau is a Fulbright US Scholar and a Fellow in the American College of Environmental Lawyers. In 2005 he received the National Wildlife Federation’s Conservation Achievement Award in recognition of his contributions to wildlife conservation and environmental education. In 2016 he received the Kerry Rydberg Award for excellence in public interest environmental law.
Professor Parenteau holds a B.S. from Regis University, a J.D. from Creighton University, and an LLM in Environmental Law from the George Washington U.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Principal, Advantus Strategies, LLC
John Paul Woodley Jr. is currently the Principal of Environmental and Energy Practice Group for Advantus Strategies. From 2003 to 2009, Woodley served as Assistant Secretary of the Army for Civil Works, supervising the Army Corps of Engineers Civil Works Program. Under his leadership, the Corps Wetland Regulatory Program was strengthened. He also oversaw the restoration of the Florida Everglades and the reconstruction of the hurricane protection system for New Orleans following Hurricane Katrina.
Woodley also served as Assistant Deputy Under Secretary of Defense, Environment, where he was responsible for policy and oversight of the Defense Department’s environmental cleanup, compliance, pollution prevention and natural resource management.
He has also served as Secretary of Natural Resources for Virginia, where he was responsible for environmental protection and for permitting, outdoor recreation, open space management, inland and marine fisheries and historic resources in the Commonwealth.
Woodley served on active duty with the U.S. Army Judge Advocate General’s Corps from 1979 to 1985, and retired from the Army Reserve in August 2003 as a Lieutenant Colonel.
Woodley has been awarded the Legion of Merit, the Meritorious Service Medal (2nd Oak Leaf Cluster), the Army Commendation Medal (1st Oak Leaf Cluster), and the Army Achievement Medal. He has been honored with the U. S. Army Decoration for Distinguished Civilian Service, the Secretary of Defense Medal for Outstanding Public Service and the Silver de Fleury Medal from the Army Engineer Regiment.
Partner and Co-Chair of Securities & Regulatory Enforcement, Stradley Ronon
As a former supervisory assistant chief litigation counsel in the Enforcement Division of the U.S. Securities and Exchange Commission (SEC), Jan Folena has led and successfully litigated many of the financial service industry’s most complex and high-profile cases. She has appeared in federal courts across the United States as lead trial counsel, handling issues at the forefront of the securities industry, including in one of only a few financial fraud jury trials, a highly publicized insider trading trial, and an enforcement action against the Big Four accounting firms.
As co-chair of Stradley Ronon’s securities and regulatory enforcement practice, Jan focuses her practice on assisting firms and individuals in navigating internal investigations, regulatory enforcement matters, commercial disputes and, when necessary, arbitration, mediation and trial. She regularly advises asset managers, broker-dealers, registered and private funds, public companies, officers, directors, principals and auditors on complex matters involving enforcement of federal and state securities laws, including regulatory examinations, internal investigations and litigation. Jan also represents clients in congressional inquiries, before state regulators, and in third-party litigation.
In her previous supervisory role at the SEC, Jan managed a team of trial lawyers and investigative staff while providing legal guidance and litigation risk assessment to the commission and SEC division heads. Jan was selected to serve as the first assistant chief litigation counsel to the SEC’s Asset Management Unit providing legal advice and serving as litigation counsel for cases brought under the Investment Company Act of 1940 and the Investment Advisers Act of 1940. Prior to joining the SEC, Jan served as chief trial counsel at the Commodity Futures Trading Commission and as trial counsel at the U.S. Department of Justice, Commercial Litigation Branch.
Jan’s expansive government career serves as the foundation for her substantial insights and firsthand knowledge into industry best practices and solutions for clients. She is frequently sought after for her sophisticated knowledge and understanding of federal securities laws, administrative procedure, federal and state court litigation, and enforcement actions at the SEC and other regulatory agencies.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
Executive Director, Milken Institute Center for Financial Markets
Michael S. Piwowar is the executive director of the Milken Institute Center for Financial Markets. Dr. Piwowar served as a Commissioner at the U.S. Securities and Exchange Commission from August 15, 2013 to July 6, 2018. He was first appointed to the SEC by President Barack Obama and was designated Acting Chairman of the Commission by President Donald Trump from January 23, 2017 to May 4, 2017. He was previously the Republican chief economist for the U.S. Senate Committee on Banking, Housing, and Urban Affairs under Senators Mike Crapo (R-ID) and Richard Shelby (R-AL) and served as the lead Republican economist on the four SEC-related titles of the Dodd-Frank Act and the JOBS Act. During the financial crisis and its immediate aftermath, Dr. Piwowar served in a one-year fixed-term position at the White House as a senior economist at the President’s Council of Economic Advisers (CEA) in both the George W. Bush and Barack Obama Administrations. Before joining the White House, Dr. Piwowar worked as a Principal at the Securities Litigation and Consulting Group (SLCG). He received a B.A. in Foreign Service and International Politics from the Pennsylvania State University, an M.B.A. from Georgetown University, and a Ph.D. in Finance from the Pennsylvania State University.
Partner, Torridon Law PLLC
Mike Fragoso is a seasoned legal and policy strategist. Most recently he served as chief counsel to Senate Republican Leader, Mitch McConnell. He has negotiated consequential legislation, managed successful congressional oversight, and prepared individuals for the most contentious Senate hearings.
As chief counsel to Leader McConnell Mike was the Leader’s primary legal advisor and managed the “last mile” of any legislation touching on the Senate Judiciary Committee. He ran the 2024 reauthorization of FISA Section 702 and was involved at the highest levels of the appropriations and budget-reconciliation processes. Mike also repeatedly represented Leader McConnell as counsel of record at the Supreme Court. Leader McConnell said of Mike that he’s “equally at home in the high-minded philosophical discourse of the legal community and the urgent pragmatism of Congressional dealmaking,” and that he “maintains a firm grasp on the realm of the possible” but “knows which screws to twist.” He observed that Mike “is so exceptionally competent that he often produces from his desk the work that would normally require, literally, teams of outside counsel.”
Mike previously was chief counsel for nominations and constitutional law for the Senate Judiciary Committee under Ranking Member Chuck Grassley and Chairman Lindsey Graham. During this time he advised the Senators on two presidential impeachments, ran multiple policy hearings, and managed the confirmation process for over 80 federal judges, including Justice Amy Coney Barrett. Chairman Graham described Mike as “a force of nature.”
During the first Trump administration Mike was deputy assistant attorney general in the Department of Justice’s Office of Legal Policy where he ran the Department’s efforts in support of judicial nominations and prepared over 100 nominees for Senate hearings.
Earlier in his career Mike was legislative director to former Senator Jeff Flake and chief counsel to the Senate Judiciary Committee’s Subcommittee on Privacy, Technology and the Law. There he led the oversight and repeal of the FCC’s broadband-privacy rule and was Senator Flake’s top advisor on the Tax Cuts and Jobs Act of 2017.
He frequently comments on public affairs and his writing has appeared in the Wall Street Journal, National Review, and the Harvard Journal of Law & Public Policy.
Mike also served as a law clerk to Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit.
Partner, First & Fourteenth PLLC
Chris Murray is a nationally recognized public litigator. His practice focuses on litigating high-stakes cases with significant policy or political implications, and he excels in matters involving novel or rarely litigated legal issues.
When the case is both controversial and has potentially significant impacts on the public, clients call Chris. His unique combination of experience in commercial and public law matters allows him to advise on and litigate high-stakes issues from emergency actions in elections and political matters to strategic commercial and public litigation involving issues of first impression or novel fact patterns. Chris represents a broad range of clients including businesses, political parties, trade associations, nonprofits, and even individuals in high-profile matters, both in trial and appeals. He advises on and regularly litigates federal and state constitutional issues touching on public policy, in contexts ranging from election recounts to strategic litigation against governments to preparing amicus briefs for appellate courts.
Chris also regularly advises clients on strategy for political participation and compliance with federal and state political disclosure laws.
Harry Kalven, Jr. Professor of Law & Faculty Director, Constitutional Law Institute, University of Chicago Law School
William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and conflict of laws. His current research interests include different aspects of the Fourteenth Amendment (particularly both Section One and Section Three) and the nature of judicial discretion.
Among his other activities Baude is: the co-editor of two textbooks, The Constitution of the United States and Hart & Wechsler's Federal Courts in the Federal System; an Affiliated Scholar at the Center for the Study of Constitutional Originalism; a founding member of the Academic Freedom Alliance; a member of the American Law Institute; an occasional blogger at The Volokh Conspiracy; and a podcaster on Divided Argument. He also recently served on the Presidential Commission on the Supreme Court of the United States.
Professor Baude received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty, he was a fellow at the Stanford Constitutional Law Center, and a lawyer in Washington, DC.
Deputy Attorney General, Legal Strategy, Texas
Ryan serves as Deputy Attorney General for Legal Strategy in the Texas Attorney General's Leadership Team. He most recently acted as Associate Deputy Attorney General for Civil Litigation. For the previous four years, Mr. Walters served in the Special Litigation Division—as Special Counsel, Deputy Chief, and eventually Chief. In those positions, he led the Attorney General's most significant litigation against the Biden Administration, including successful challenges to federal rules weakening immigration enforcement and those imposing gender-identity mandates on Texas's workplaces, schools, and hospitals. Prior to his tenure in the Office of the Attorney General, Mr. Walters served as an attorney with the Texas Public Policy Foundation, as an Assistant Attorney General in the Ohio Attorney General’s Office, and as a commercial litigator at two international law firms. He is a graduate of The Ohio State University and holds law degrees from the University of Michigan Law School and the University of California, Berkeley, School of Law.
Partner, Taft Stettinius & Hollister LLP
Philip litigates complex matters in state and federal courts. He has briefed appeals in multiple U.S. Courts of Appeals, including the Sixth, Seventh, and Ninth Circuits, as well as state appellate courts in Ohio, Kentucky, and Georgia. Philip has also represented amici at both the cert petition and merits stages in the U.S. Supreme Court.
Prior to joining Taft, Philip served as a law clerk for Judge Raymond M. Kethledge of the U.S. Court of Appeals for the Sixth Circuit, Judge Amul R. Thapar of the U.S. District Court for the Eastern District of Kentucky, and Judge Lavenski R. Smith of the U.S. Court of Appeals for the Eighth Circuit.
Philip serves on the board of directors for the Cincinnati and Northern Kentucky lawyers chapters of the Federalist Society. He was a 2018 James Wilson Fellow with the James Wilson Institute, a 2013 John Marshall Fellow with the Claremont Institute Center for Constitutional Jurisprudence, and a 2011 Blackstone Fellow with the Alliance Defending Freedom.
Philip received his undergraduate degree, with Highest Honors, from Ouachita Baptist University. He received his J.D. from the University of Virginia School of Law, where he served as the submissions review editor for the Journal of Law and Politics.
Deputy General Counsel and Head of Litigation, Kraken Digital Asset Exchange
Matt Turetzky is Deputy General Counsel and Head of Litigation at Kraken. He oversees all litigation involving Kraken and its global affiliates. Matt is based in California's San Francisco Bay Area.
Matt was previously Director and Associate General Counsel at Coinbase (COIN), where he led the Consumer, Commercial, and International Litigation teams. He oversaw significant litigation operations and spend, directing a large team and a complex global docket—including class actions, consumer arbitrations, and precedent-setting appeals that reached the U.S. Supreme Court.
Before Coinbase, Matt was the first associate at The Norton Law Firm, a San Francisco Bay Area litigation boutique representing plaintiffs and defendants in complex civil disputes. Earlier in his career, he practiced law in the San Francisco and Washington, D.C. offices of Sheppard Mullin and Dickstein Shapiro (now Blank Rome), after clerking for the Hon. Lawrence J. Block at the U.S. Court of Federal Claims.
Matt received his law degree from Duke University School of Law where he was the Editor-in-Chief of Duke's Law & Technology Review. He received his bachelor's degree in Finance from the University of Florida. He is licensed to practice law in California, Washington, D.C., and numerous federal trial and appellate courts.
Partner, Eimer Stahl LLP
Collin Vierra is a Partner whose nationwide practice focuses on complex trial and appellate litigation, commercial and consumer mass arbitration, and counseling. Collin’s practice touches on a wide range of issues, including data privacy and AI, discrimination, products liability, commercial disputes, antitrust and unfair competition, environmental law, and government regulation. A graduate of the Massachusetts Institute of Technology (MIT), Stanford University, and Stanford Law School with degrees in engineering and economics, clients trust Collin with their most high-stakes and cutting-edge disputes. Among others, his legal acumen has been recognized by Law.com/The Recorder (Lawyer on the Fast Track), Legal 500 (recognizing Collin’s “particular prowess in mass arbitration defense”), Benchmark Litigation (identifying the “best and brightest litigators across the U.S.”), and Top Verdict (identifying Collin as having obtained one of the top verdicts in California in 2024).
Collin chairs Eimer Stahl’s Mass Arbitration Practice Group, and clients call him a “leading lawyer” of mass arbitration defense. His creative solutions to novel arbitration issues have saved his clients tens of millions of dollars in arbitration costs and damages. A featured speaker on mass arbitration issues, he has presented to numerous institutions including the American Bar Association, the Federalist Society, the U.S. Chamber Litigation Center, Stanford Law School, MassArbCon, the Association of Corporate Counsel, and the Data Privacy and Cyber Security ConfEx. Collin has helped companies respond to over 200,000 individual demands for arbitration across numerous industries, including the social networking, consumer hardware, and consumer entertainment industries. He has obtained tens of thousands of dismissals and withdrawals of mass arbitration claims without any settlement payment or judgment to claimants, and has secured hundreds of thousands of dollars in fee-shifting awards for his corporate clients against both claimants and their counsel. Collin has arbitrated before numerous institutions including JAMS, the AAA, and NAM. His expert analysis on mass arbitration issues has been published in Law360.
Collin also co-chairs Eimer Stahl’s Data Privacy and AI Practice Group, in which role he is a trusted resource for clients navigating cutting-edge data privacy, AI, and other technological disputes. He regularly defends and counsels clients on privacy issues relating to web technologies and platforms such as Facebook/Meta Pixel, LinkedIn Insight Tag, X/Twitter Pixel, TikTok Pixel, Google Analytics, TDD/The Trade Desk Universal Pixel, ADNXS/AppNexus, New Relic, DoubleClick, OpenX, LiveRamp, TripleLift, mobile SDKs, and others. He has counseled and/or defended clients in matters involving a garden variety of state and federal data privacy statutes and constitutional claims, including under the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifiers Act (CUBI), the California Invasion of Privacy Act (CIPA), the California Consumer Privacy Act (CCPA), the Video Privacy Protection Act (VPPA), the Gramm-Leach-Bliley Act (GLBA), the Children’s Online Privacy Protection Act (COPPA), and others.
Collin also has substantial experience managing high-stakes discovery disputes. On the defense side, he was previously responsible for coordinating discovery in one of the nation’s largest multidistrict litigation (MDL), multistate Attorneys General (AGs), and multiagency actions. In 2024, Tennessee Governor Bill Lee appointed Collin as discovery counsel in State of Tennessee ex rel. Jonathan Skrmetti v. Meta Platforms, Inc., in which the State seeks to hold Meta responsible for the harmful impacts of Instagram on teens. In 2025, Governor Lee also appointed Collin as discovery counsel in Keira v. Tennessee Department of Children’s Services, which concerns the State’s foster care system. Collin’s insights on pressing discovery issues have also been published in Law360.
Collin has ample experience in both state and Article I and III federal court and with all aspects of litigation, including successfully trying claims from complaint to jury verdict. He has defended major public and private companies in consumer class actions, multi-district litigations (MDL), and Judicial Council Coordination Proceedings (JCCP). Collin has also defended these companies in civil and criminal investigations by the U.S. Department of Justice (DOJ), the U.S. Federal Trade Commission (FTC), the Federal Bureau of Investigation (FBI), the U.S. Securities and Exchange Commission (SEC), the U.S. Food and Drug Administration (FDA), the U.S. House of Representatives, the U.S. Senate, and the Attorneys General of more than 45 states and the District of Columbia.
His academic background includes a Bachelor of Science in Engineering from the Massachusetts Institute of Technology (MIT) where he was a member of the Pi Tau Sigma Mechanical Engineering Honors Society and an engineering apprentice in the Pappalardo Laboratory. He is currently a member of the MIT Free Speech Alliance. He also holds a Master of Arts in Economics from Stanford University where he was a Gregory Terrill Cox Fellow in the John M. Olin Program in Law and Economics. Collin obtained his Juris Doctor from Stanford Law School.
Collin is licensed to practice in California and Texas.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
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.
Professor of Law, Emeritus, Washington and Lee University School of Law
David Bruck directed Washington and Lee's death penalty defense clinic, the Virginia Capital Case Clearinghouse, from 2004 to 2020. Prior to coming to W&L, Bruck practiced criminal law in South Carolina for 28 years, and specialized in the defense of capital cases at the trial, appellate and post-conviction stages. Over the course of his career, he has served as Richland County (Columbia, S.C.) Public Defender, as Chief Attorney of the South Carolina Office of Appellate Defense, and since 1992 as Federal Death Penalty Resource Counsel to the federal defender system nationwide.
Bruck has argued seven death penalty cases in the United States Supreme Court, including Skipper v. South Carolina, 476 U.S. 1 (1986), and Simmons v. South Carolina, 512 U.S. 154 (1994), and over 70 capital appeals in state and lower federal courts. He has represented capital defendants at trial in more than 20 cases, including State v. Susan Smith (1995), in which he and co-counsel Judy Clarke obtained a life sentence after their client was convicted of drowning her two small children.
Bruck has testified before U.S. Congressional committees on death penalty-related legislation on nine occasions, has presented CLE trainings and federal judicial workshops on capital litigation in more than thirty states and U.S. territories, and since 2005 has served as Chair of the National Consortium for Capital Defense Training. In 1996 the ABA Section of Litigation selected Bruck to receive the John Minor Wisdom Public Service & Professionalism Award, and in 2001 he received the Significant Contributions to Criminal Justice Award from the California Attorneys for Criminal Justice.
Retired Assistant United States Attorney
Steve Mellin is a recently retired federal prosecutor. He worked for the Department of Justice for over 30 years in offices all over the United States. His career focused on prosecuting violent criminals, including terrorism and death penalty homicide cases. While working in Alexandria, Virginia, Mr. Mellin was involved in the 9-11 terrorism investigations and prosecutions. While at Main Justice, he worked on numerous death penalty cases across the US, culminated his terrorism work with the successful prosecution of the Boston Marathon bomber.
Steve is a graduate of the University of Texas and George Mason University School of Law.
Partner, Ashcroft Law Firm
With more than 20 years government experience, Johnny Sutton has acquired expertise as a front-line trial prosecutor and a top policy advisor to a Governor and a President. Mr. Sutton runs the Austin office of the Ashcroft Law Firm which specializes in internal investigations, white-collar criminal defense and helping companies comply with federal law.
From November 2001 to April 2009, Sutton led one of the largest and busiest United States Attorney’s Offices in the nation. The Western District of Texas covers 93,000 square miles, 68 counties and 660 miles of U.S.-Mexico border. As U.S. Attorney, Mr. Sutton managed more than 300 employees, a $28 million annual budget and directed 43,000 federal prosecutions and thousands of civil cases. Under Mr. Sutton’s leadership, the office led the nation in drug convictions, was second in illegal alien prosecutions, won more than 105 public corruption convictions and sent nearly 400 violent criminal gang members to prison.
In 2003, then-United States Attorney General John Ashcroft appointed Mr. Sutton to the Attorney General’s Advisory Committee—a panel of 17 U.S. Attorneys that advise the General and help carry out the President’s national goals. Sutton served from 2003 until 2009 and was chairman for nearly two years.
After leading the Bush-Cheney Department of Justice Transition Team in 2000, Mr. Sutton was named Associate Deputy Attorney General. He held the position until becoming U.S. Attorney.
From 1995 to 2000, Mr. Sutton served as the Criminal Justice Policy Director for then-Governor George W. Bush. Mr. Sutton was the chief policy advisor to the Governor on all criminal justice issues.
From 1988 to 1995, Mr. Sutton was a prosecutor in the Harris County District Attorney’s Office (Houston, TX) where he tried more than 60 first chair felony jury trials and had only three acquittals. He also successfully tried 17 murder jury trials, including seven for capital murder.
Mr. Sutton attended the University of Texas at Austin on a baseball scholarship where he was a two year lettermen and the starting left fielder for the 1983 University of Texas National Championship baseball team. Mr. Sutton was voted the Most Valuable Player of the NCAA Central Regional Baseball Tournament in 1983. Mr. Sutton is fluent in Spanish and conversant in Portuguese.
Mr. Sutton has dedicated his career to defending the innocent and standing up for the rule of law.
Member, Ifrah Law
After 27 years as a prosecutor, James (“Jim”) Trusty brings to Ifrah Law extensive experience in complex, multi-district white collar litigation, especially in matters involving RICO, The Computer Fraud and Abuse Act, and The Money Laundering Control Act of 1986.
Jim has represented a wide variety of individuals and corporations in the white-collar space. He regularly represents professional athletes, both criminally and civilly, and during 2022 and 2023 he represented President Trump during pre-indictment litigation relating to the Mar-a-Lago and January 6 cases.
Prior to joining Ifrah Law, Jim had a long career in public service, most recently as Chief of the Organized Crime Section at the United States Department of Justice. For seven years, Jim was ultimately responsible for investigating and prosecuting regional, national, and international cases, supervising significant pleadings, and providing strategic and tactical guidance in investigations and multi-defendant trials. In addition to running the RICO Review Unit, which reviewed and approved all criminal RICO cases brought by federal prosecutors, he also was in charge of establishing and promoting policies focused on immigration reform, firearms trafficking, proposed Congressional testimony for DOJ officials, and internet gambling. Significant and sensitive matters on which he worked include the post-conviction review of the Alaska corruption case related to U.S. v. Theodore Stevens and the investigation into allegations of misconduct by a sitting U.S. Attorney and one of her subordinates.
Prior to his work at DOJ, Jim acted as Assistant U.S. Attorney in Greenbelt, Maryland, where he investigated and prosecuted a wide variety of white-collar and other criminal cases, including The Washington area Sniper investigation. He also prosecuted three death penalty cases and was a member of the Attorney General’s Capital Review Committee, responsible for assessing capital-eligible cases such as the Boston Marathon Bomber and the Charleston Church massacre.
In 2018, Jim was appointed by the Governor of Maryland to serve on The Task Force to Study Maryland’s Criminal Gang Statutes. The Task Force assessed the efficacy of existing state laws as they apply to gang-related criminal activity in the state and presented its findings and recommendations to the Governor.
Distinguished Senior Fellow and Antonin Scalia Chair in Constitutional Studies, Ethics and Public Policy Center
Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
Mr. Whelan directs EPPC’s program on The Constitution, the Courts, and the Culture. His areas of expertise include constitutional law and the judicial confirmation process. As a contributor to National Review Online’s Bench Memos blog, he has been a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law. He has written essays and op-eds for leading newspapers—including the Wall Street Journal, the New York Times, and the Washington Post—opinion journals, and academic symposia and law reviews. The National Law Journal has named Mr. Whelan among its “Champions and Visionaries” in the practice of law in D.C.
Mr. Whelan is co-editor of three volumes of Supreme Court Justice Antonin Scalia’s work: Scalia Speaks: Reflections on Law, Faith, and Life Well Lived (Crown Forum, 2017), a New York Times bestselling collection of speeches by Justice Scalia; On Faith: Lessons from an American Believer (Crown Forum, 2019), a collection of Justice Scalia’s writings on faith and religion; and The Essential Scalia: On the Constitution, the Courts, and the Rule of Law (Crown Forum, 2020), a collection of Justice Scalia’s views on legal issues.
Mr. Whelan, a lawyer and a former law clerk to Justice Scalia, has served in positions of responsibility in all three branches of the federal government. From just before the terrorist attacks of September 11, 2001, until joining EPPC in 2004, Mr. Whelan was the Principal Deputy Assistant Attorney General for the Office of Legal Counsel in the U.S. Department of Justice. In that capacity, he advised the White House Counsel’s Office, the Attorney General and other senior DOJ officials, and departments and agencies throughout the executive branch on difficult and sensitive legal questions. Mr. Whelan previously served on Capitol Hill as General Counsel to the U.S. Senate Committee on the Judiciary. In addition to clerking for Justice Scalia, he was a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.
In 1981 Mr. Whelan graduated with honors from Harvard College and was inducted into Phi Beta Kappa. He received his J.D. magna cum laude in 1985 from Harvard Law School, where he was a member of the Board of Editors of the Harvard Law Review.
For more on Mr. Whelan’s background, see this interview.