Executive Counsel: The Unique Role of Governors’ General Counsel
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Adjunct Professor, Belmont Abbey College
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
President and Founder, JKC Consulting LLC
John Kneuer is the President and Founder of JKC Consulting LLC. He sits on multiple public and private company boards.
Prior to starting Kneuer LLC, Mr. Kneuer served as the Assistant Secretary of Commerce for Communications and Information. In this capacity Mr. Kneuer was the principal advisor to the President of the United States on telecommunications policy and the Administrator of the National Telecommunications and Information Administration ("NTIA").In addition to representing the Executive Branch in domestic and international telecommunications and information policy activities, NTIA also manages the federal use of spectrum; performs cutting edge telecommunications research and engineering, including resolving technical telecommunications issues for the federal government and private sector; and administers infrastructure and public telecommunications facilities grants.
Prior to his service at NTIA, Mr. Kneuer served as a Senior Associate at the law firm of Piper Rudnick in Washington, D.C., providing regulatory and legislative representation to corporate clients in the telecommunications, defense, and transportation industries. Earlier in his career, Mr. Kneuer served as the Executive Director for Government Relations at the Industrial Telecommunications Association, and prior to that served as an Attorney-Advisor in the Commercial Wireless Division of the Federal Communications Commission's Wireless Bureau. Mr. Kneuer received B.A. and J.D. degrees from the Catholic University of America.
Partner, HWG LLP
Patricia Paoletta is a partner with the law firm of HWG LLP, where she specializes in telecommunications, trade and technology policy. Ms. Paoletta provides advice on regulatory, trade and legislative policy to clients before the FCC, Congress and the Administration. Her clients include providers of content, cloud, mobile broadband, VoIP, international telecommunications, small cells, cognitive radio, public safety and homeland security solutions. She serves on Advisory Boards for several entities engaged in information services, communications and technology.
Ms. Paoletta has accrued considerable experience with telecommunications trade and policy in the public sector. From 1990 to 1995, she was senior advisor to the International Bureau Chief and Office Director at the Federal Communications Commission. In the mid 1990s, Ms. Paoletta served as Director of Telecommunications Trade Policy in the Office of the U.S. Trade Representative, Executive Office of the President, where she worked on the WTO Information Technology Agreement (ITA) and the Basic Telecommunications Agreement. After USTR, Ms. Paoletta served as Majority Counsel to the House Energy and Commerce Committee. She then moved to Level 3 Communications, as Vice President, Government Relations.
Ms. Paoletta is on the Steering Committee of the Transatlantic Roundtable on Telecommunications and Information Technology of the European Institute. She is a member of the USTR Alumni Association, Washington International Trade Association, the Federal Communications Bar Association (FCBA), and Women in Technology. Ms. Paoletta has served on the Board of Advisors for the Inter-American Dialogue's Latin America Telecom Advisor, Co-Chairman of the American Bar Association International Communications Committee, and as a member of the U.S. Chamber of Commerce's Technology Policy Committee.
Ms. Paoletta served as a delegate in 2012 to the ITU-R's Study Group 6 Working Party 6A Meeting and in 2009 and 2010 to the ITU-R's Study Group I Working Party IB Meetings; the 2009 meetings of CITEL (the Committee on International Telecommunications at the Organization of American States) PCC-II; the International Telecommunication Union (ITU) World Telecommunications Standards Assembly (2000); the ITU Internet Protocol Telephony Experts Group and the ITU World Telecommunications Policy Forum in 2001; as Chairman of the National Reliability and Interoperability Council (NRIC) Steering Committee (2000-2001); as Board Member for the Voice on the Net Coalition (2001); as Co-Chairman of the FCBA's Annual Seminar Committee (2009-2011); as a member of the FCBA's Ad Hoc Speakers Committee (2006-2007); as Co-Chairman for the FCBA International Practice Committee (2001-2002 and 2005-2006); and as a Co-Chairman of the FCBA Legislative Practice Committee (1999-2000).
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
Professor of Clinical Law, Brooklyn Law School
Jodi S. Balsam is Professor of Clinical Law at Brooklyn Law School and a nationally recognized expert on Sports Law. She directs the BLS Sports Law Clinic and Sports Law Externship Program. She teaches Sports Law at both BLS and NYU School of Law, and has also taught the subject at New York Law School, University of New Hampshire School of Law, Bucerius Law School in Hamburg, Germany, Mathias Corvinus Collegium in Budapest, Hungary, and the MESGO Executive Masters Program in Global Sport Governance. Professor Balsam has served as an arbitrator for the National Collegiate Athletic Association on complex infractions cases, and now serves as a neutral for FAIR Sports, which hears cases involving college athletics.
Professor Balsam frequently writes and speaks on sports law topics, including as co-author of Weiler’s Sports and the Law, a leading casebook in the field. Her publications and presentations have addressed antitrust challenges to sports leagues and organizing bodies, sports trademarks, athletes’ rights of free expression and name/image/likeness exploitation, sports gambling and integrity, sports league governance, and the role of the sports agent. She frequently appears in the media on legal issues in sports, including NBC Sports/The Golf Channel, ESPN, Law360 Sports and Betting, The Athletic, Front Office Sports, USA Today, and the Wall Street Journal. She is on the editorial boards of Law360-Sports & Betting, the Journal of Legal Aspects of Sport, and the international sports law newsletter LawInSport.
Before joining academia, Professor Balsam was the National Football League's Counsel for Operations and Litigation, where she managed litigation in all areas of law, oversaw a variety of policy and operational matters, negotiated and drafted contracts for League special events including the Super Bowl, and administered the League's internal dispute resolution processes and compliance program. Prior to the NFL she was a litigator with the New York office of Simpson Thacher & Bartlett, where she represented sports and entertainment clients in antitrust matters and complex commercial litigation. She served as a law clerk for Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit and for Judge Charles Brieant of the U.S. District Court for the Southern District of New York. A graduate of Yale College, Professor Balsam received her law degree from NYU School of Law.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
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.
Judge, United States Court of Appeals, Eleventh Circuit
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Judge, United States Court of Appeals, Eleventh Circuit
Britt C. Grant is a judge on the U.S. Court of Appeals for the Eleventh Circuit. Judge Grant was appointed to the federal bench in August 2018 after serving as a Justice on the Supreme Court of Georgia. Prior to her judicial appointment, she served as the Solicitor General of Georgia and practiced in the Washington, D.C. office of Kirkland & Ellis. Upon graduation from law school, Judge Grant served as a law clerk to then-Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit. She earned her J.D., with distinction, from Stanford Law School, where she was the Co-Founder of the Stanford National Security and the Law Society, and the President of the Stanford Law chapter of the Federalist Society. Before enrolling in law school, Judge Grant served in The White House in a variety of domestic policy roles as well as on the staff of Congressman Nathan Deal. Judge Grant earned her B.A., summa cum laude, from Wake Forest University, where she was inducted into Phi Beta Kappa. She now lives in Atlanta, Georgia with her husband and three children.
Judge, United States Court of Appeals, Sixth Circuit
The Honorable Joan L. Larsen is a judge of the United States Court of Appeals for the Sixth Circuit. She was nominated by the President on May 8, 2017 and confirmed by the Senate on November 1, 2017. Before her appointment to the federal bench, Judge Larsen served two terms as a Justice of the Michigan Supreme Court, where she was the court’s liaison to Michigan’s drug, sobriety, mental health and veteran’s courts.
Before becoming a judge, Judge Larsen was a faculty member at the University of Michigan Law School, where she was also Special Counsel to the Dean and received the L. Hart Wright Award for Excellence in Teaching. Judge Larsen's research and teaching interests included constitutional law, criminal procedure, statutory interpretation, and presidential power. Judge Larsen continues to assist the law school as the adviser to the Henry M. Campbell Moot Court Competition.
Judge Larsen began her legal career as a law clerk to the Hon. David B. Sentelle of the United States Court of Appeals for the D.C. Circuit and to Justice Antonin Scalia of the Supreme Court of the United States. Following her clerkships, she joined the law firm of Sidley Austin, where she was a member of the Constitutional, Criminal, and Civil Litigation Section. She later served as Deputy Assistant Attorney General in the United States Department of Justice, Office of Legal Counsel.
Judge Larsen graduated first in her class from Northwestern University School of Law, where she served as articles editor of the Northwestern University Law Review and earned the John Paul Stevens Award for Academic Excellence. She received her B.A., with highest honors, from the University of Northern Iowa.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Antonin Scalia Professor of Law, Harvard Law School
Stephen E. Sachs is the Antonin Scalia Professor of Law at Harvard Law School, where he teaches civil procedure, conflict of laws, and seminars on constitutional law. His research focuses on the law and theory of constitutional interpretation, the jurisdiction of state and federal courts, the history of procedure and private law, and the role of the general common law in the U.S. legal system.
Sachs has authored numerous articles, essays, and book chapters. He is an elected member of the American Law Institute, an adviser to the ALI’s project on the Restatement of the Law (Third), Conflict of Laws, a former member of the Judicial Conference’s Advisory Committee on Appellate Rules, and a founding member of the Academic Freedom Alliance.
In 2020, Sachs received the Federalist Society’s Joseph Story Award, which recognizes a young academic who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society.
Sachs previously taught at Duke University School of Law and as a visiting professor at the University of Chicago Law School. Before entering academia, he practiced in the Washington, D.C., litigation group of Mayer Brown LLP, and he clerked for Chief Justice John G. Roberts Jr. as well as for Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit.
Sachs received his J.D. from Yale Law School, where he was executive editor of the Yale Law Journal and served both as executive editor and articles editor of the Yale Law & Policy Review. A Rhodes Scholar, he graduated from Oxford University with a first-class BA (Hons) degree in philosophy, politics, and economics. He received his A.B. degree summa cum laude in history from Harvard University, earning the Sophia Freund Prize.
Sachs is a licensed attorney in Massachusetts and the District of Columbia, and he is authorized to practice before the D.C. Circuit, the Second Circuit, the Seventh Circuit, and the Supreme Court of the United States.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
University of Illinois College of Law
Professor of Law, University of Wyoming College of Law
George Mocsary is an expert in corporate and small-business law, and the law of firearms.
Currently, he is Professor of Law, Founder & Director of Firearms Research Center, and Director of the Business Planning Practicum and at the University of Wyoming College of Law.
Professor Mocsary teaches and writes about Agency & Partnership, Contracts, Corporations, Securities Regulation, the Second Amendment, and Firearms Law, including the intersection of Firearms Law and private law. He is a co-author of Firearms Law and the Second Amendment: Regulation, Rights, and Policy (3rd ed. 2021), the first casebook on this topic.
Prior to his appointment at Wyoming, he served as an Associate Professor of Law at the Southern Illinois University School of Law and spent two years as a Visiting Assistant Professor at the University of Connecticut School of Law. He practiced corporate and bankruptcy law at Cravath, Swaine and Moore in New York, and clerked for the Honorable Harris L. Hartz of the U.S. Court of Appeals for the Tenth Circuit.
Professor Mocsary holds a J.D. from Fordham Law School and an M.B.A. from the University of Rochester Simon School of Business. At Fordham, he graduated first in his class, and served as Notes and Articles Editor of the Fordham Law Review. He has published in the George Washington Law Review, George Mason Law Review, Fordham Law Review, Duke Law Journal Online, and other journals. His work has been cited by the Supreme Court of the United States, several U.S. Courts of Appeals, the Supreme Court of Illinois, the Delaware Court of Chancery, and other courts.