Mike Daugherty is the CEO of LabMD, a cancer testing laboratory. He has spent most of the last decade defending his company against charges that it had deficient cybersecurity practices. The early years of his entering and fighting Washington, DC, are recorded in his book, “The Devil Inside the Beltway”. In so doing, he has become the only litigant to challenge the basic authority that underlies more than 200 enforcement actions relating to cybersecurity and online privacy that the FTC has brought over the past 15 years. Every one of the 200+ litigants before him – including some of the largest companies in the world – have settled with the FTC, creating an unquestioned and untested belief that the FTC has broad authority to regulate in these areas. Following oral arguments in June, 2017, before a panel of the 11th Circuit Court of Appeals, it seems entirely possible that he will prevail. In so doing, he may well topple key pillars of the FTC’s cybersecurity and online privacy edifice, successfully exposing and challenging The Administrative State.
New York political commentor Deroy Murdock is a Fox News Contributor, a Contributing Editor with National Review Online, an emeritus Media Fellow with the Hoover Institution on War, Revolution and Peace at Stanford University; and a Senior Fellow with the Atlas Network, which supports and connects some 500 free-market think tanks in the USA and some 95 countries world-wide. Mr. Murdock’s weekly column — “This Opinion Just In…” — appears in the New York Post, the Washington Times, the New Hampshire Union-Leader, and other newspapers across America. He has appeared on radio shows across America and presents commentaries on Fox News Radio’s podcast, The Rundown. He is a veteran of the 1980 and 1984 Reagan for President campaigns and Steve Forbes’ 2000 White House bid.
As a popular public speaker, he has lectured or debated at the Cato Institute, the Council on Foreign Relations; Harvard Medical School, the Heritage Foundation; the National Academy of Sciences; Dartmouth, Stanford, and Tulane universities; and various fora, from Bogotá to Buenos Aires to Budapest. He is a native of Los Angeles, a graduate of Georgetown University, and a resident of Manhattan, where he earned an MBA from New York University. His program included a semester of study at the Chinese University of Hong Kong.
Deroy Murdock hopes that someday the free society will bring him — and every American — more leisure time to experience fine dining, motion pictures, skiing, live music, and the priceless joys of family, friends, and loved ones.
Supervising Senior Attorney, Foundation for Individual Rights and Expression (FIRE)
Biography
Conor Fitzpatrick comes to FIRE by way of Detroit, Michigan, where he was a principal at Miller, Canfield, Paddock and Stone. Conor has extensive litigation experience at the state and federal level. He has first-chaired multiple jury trials and briefed and argued several eight-figure cases on appeal.
Conor also comes to FIRE with a track record of supporting civil liberties and the First Amendment. Before joining FIRE, he taught First Amendment law as an adjunct professor at the University of Detroit Mercy School of Law. He has extensive experience litigating First Amendment cases pro bono on behalf of the incarcerated: His First Amendment work for inmates includes trying a First Amendment free exercise case to a federal jury, which resulted in a six-figure, mid-trial settlement following his cross examination of the key defendant. In another case, Conor secured a published decision from the Sixth Circuit denying qualified immunity to five prison employees, cementing his client’s First Amendment right to peacefully criticize government employees. Conor’s work on these and other cases earned him the 2018 Richard J. Seryak Award for Pro Bono Service.
When not thinking about the First Amendment, Conor enjoys reading, running, and eating sushi. He also avidly supports Detroit’s sports teams, but he rarely enjoys it.
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at Americans for Prosperity. In these roles he advocates for and creates strategies and partnerships to ensure a constitutionally limited government that protects the civil liberties of all Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending the First Amendment rights of students, faculty, healthcare workers and religious organizations. Casey has a J.D. from Boston College School of Law and an undergraduate degree from the University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at @Casey-Mattox-ST.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Biography
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Deputy Solicitor General of Puerto Rico, Puerto Rico Department of Justice
Speaker Information
Stephen R. Klein
Partner, Barr & Klein PLLC
Biography
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
James Monroe Distinguished Professor of Law and Albert Clark Tate, Jr., Professor of Law, University of Virginia School of Law
Biography
Professor Saikrishna Prakash’s scholarship focuses on separation of powers, particularly executive powers. He teaches Constitutional Law, Foreign Relations Law and Presidential Powers at the Law School.
Prakash has authored over 75 law review articles. Among them are “Of Synchronicity and Supreme Law” in the Harvard Law Review, “The Indefensible Duty to Defend” in the Columbia Law Review, and “50 States, 50 Attorneys General and 50 Approaches to the Duty to Defend” and “The Executive Power Over Foreign Affairs” in the Yale Law Journal.
Prakash has published op-eds in The New York Times, The Wall Street Journal and the Los Angeles Times. At the request of Democrats and Republicans, he has testified before Congress on matters of presidential removal, the Mueller Report and how Congress might better check the presidency. He is currently a Miller Center Senior Fellow. In 2015, he received the Roger Traynor award for faculty scholarship. In the same year, he received an honorable mention from the American Society of Legal Writers for his book “Imperial from the Beginning.” He has given named lectures at William & Mary Law School, Princeton University and Toledo Law School, and keynote addresses at several conferences.
Prakash majored in economics and political science at Stanford University. At Yale Law School, he served as senior editor of the Yale Law Journal and received the John M. Olin Fellowship in Law, Economics and Public Policy. He subsequently clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Clarence Thomas of the U.S. Supreme Court. After practicing in New York for two years, he served as a visiting professor at the University of Illinois College of Law and as an associate professor at Boston University School of Law. He then spent several years at the University of San Diego School of Law as the Herzog Research Professor of Law. Prakash has been a visiting professor at Northwestern University and the University of Chicago. He also has served as a James Madison Fellow at Princeton University and Visiting Research Fellow at the Hoover Institution of War & Peace at Stanford University.
Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Biography
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Executive Vice President and Senior Counselor to the President, The Federalist Society for Law and Public Policy Studies
Biography
B.A., Yale; J.D., University of Chicago. Lee Liberman Otis is the Executive Vice President and Senior Counselor to the President at the Federalist Society. She also serves as a member of the American Law Institute (ALI), a senior fellow of the Administrative Conference (ACUS), and as the co-chair of the National Constitution Center's Coalition of Freedom Advisory Board. She previously was a special assistant and an Associate Deputy Attorney General at the U.S. Department of Justice, General Counsel of the Department of Energy, an associate in the appellate section of Jones, Day, Reavis & Pogue, an associate counsel to President George H.W. Bush, and a law clerk to Associate Justice Antonin Scalia. She also served as an assistant professor of law at George Mason, where she taught legislation, federal jurisdiction, constitutional law, civil procedure, and appellate advocacy. Ms. Otis has been an important member of the Federalist Society team since the organization’s beginnings. Together with David McIntosh, she led the effort to start what became the Chicago chapter of the Society. She also helped organize the Society’s first conference at Yale, its second conference at Chicago, and its first Lawyers Division chapter in Washington DC, as well as the effort to incorporate the Society, recruit its permanent staff, and obtain its early funding. She was a Founding Director of the Federalist Society.
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
Biography
Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.
Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”
As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces. He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force. He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation. Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.
Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He is the only person to have served as both Solicitor and Secretary of Labor.
He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.
In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws. He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes. He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act. Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations. He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.
Mr. Scalia is a Senior Fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process. He is the author of more than 30 articles and papers on labor and employment law, administrative law, and other subjects. Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360. The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He has been a Lecturer in labor and employment law at the University of Chicago Law School.
Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school. Mr. Scalia and his wife Trish have seven children.
Senior Litigation Counsel, New Civil Liberties Alliance
Biography
Mr. Vecchione is a Senior Litigation Counsel for the non-profit New Civil Liberties Alliance representing clients against the Administrative State. He was previously President and CEO of the non-profit Cause of Action Institute, also advancing the constitutional order. He practiced at a number of D.C. area firms, including the eponymous John J. Vecchione Law, PLLC. Mr. Vecchione focuses his practice on strategic litigation in the federal district and appellate courts, including the Supreme Court of the United States. He is an experienced trial and appellate advocate having tried cases and argued appeals across the country. He is a member of the bars of the State of New York, the District of Columbia, and the Commonwealth of Virginia, as well as the Supreme Court of the United States and many federal courts. His cases are reported in scores of published opinions. He has also published pieces advancing the freedom agenda and constitutional order in the Wall Street Journal, the Washington Times and many other forums. He lives in Virginia with his wife Rebecca, sons Tommy and Joe.
Professor of Law, University of Alabama School of Law
Biography
Professor Rosen received his LLM with honors from the University of London, London School of Economics, in 1997, his JD from Yale Law School in 1994, and his BS from Cornell University, School of Industrial and Labor Relations, in 1991 as a Merill Presidential Scholar. He served as a Senior Editor of the Yale Law Journal and an Editor of the Yale Journal of International Law. Upon graduation from Yale, he clerked for the Honorable Edward E. Carnes of the U.S. Court of Appeals for the Eleventh Circuit in Montgomery, Alabama. From 1995 to 1996, he was an associate with the Washington, D.C. firm of Fried, Frank, Harris, Shriver & Jacobson. From 1998 to 2002, he worked in Washington, D.C. for the U.S. Securities and Exchange Commission's Division of Market Regulation, where he achieved the rank of Special Counsel. During his time at the Commission, he provided counsel on matters before the President's Working Group on Financial Markets, aided the restoration of financial markets following the terrorist attacks of September 11, 2001, assisted with legislative drafting, and worked on matters including foreign market access, financial derivatives, market structure, and the regulation of exchanges and over-the-counter markets. While at the SEC, Professor Rosen received the Commission's Law and Policy Award and the Manuel F. Cohen Award from the Securities Law Committee of the Federal Bar Association. Before arriving at the University of Alabama, he served as the first Fellow for the Fordham University School of Law's Center for Corporate, Securities and Financial Law in New York City. He has spoken both in the United States and abroad at events sponsored by such organizations as the Association of American Law Schools, the American Society of International Law, the Law and Society Association, the Southeastern Association of Law Schools, Futures Industry Association, the Small Business Committee of the American Bar Association's Section on Business Law, the Washington Campus, National Regulatory Services, and the United Kingdom's City and Financial Conferences.
Professor Rosen has taught multiple courses at the law school including business organizations, securities regulation, international business transactions, economy in crisis (public policy-making role-playing simulation course), integrated financial regulation (banking, commodities, securities, and insurance law), and conflict of laws. He also holds a courtesy appointment in the Department of Economics, Finance, and Legal Studies at The University of Alabama’s Culverhouse College of Commerce and Business Administration and has been appointed to The University of Alabama Graduate School faculty in connection with his work on PhD dissertation committees. His focus on inter-disciplinary matters also has led to his membership in organizations such as the American Economic Association, American Finance Association, and American Law and Economics Association. He has advised The Journal of the Legal Profession and was awarded the Edward M. Friend Jr. Award in the year he coached the law school's team to its first appearance in the national final rounds as a super-regional champion in the American Bar Association's National Appellate Advocacy Competition. He has served as Director of the law school's successful judicial clerkship program, and the law school's students selected him for the 2007-2008 Outstanding Faculty Member Award.
Since joining the legal academy, Professor Rosen continues his public policy work and has advised federal and state government officials. His expertise is sought in various contexts. For example, he has testified before the Committee on Financial Services of the United States House of Representatives. Professor Rosen also currently serves as a Uniform Law Commissioner. He was appointed to represent Alabama on the Uniform Law Commission by the Governor for a term of service that runs to April 4, 2023.
Professor Rosen also continues to be involved in legal matters around the globe. He has advised on business law curricula in Ethiopia and has been selected to teach courses at Australia National University in Canberra, Pusan National University in Korea, and the University of Fribourg in Switzerland. He has served as Director of the law school's exchange program with the University of Fribourg. In addition, he has served as a Corresponding Editor for the American Society of International Law's International Legal Materials and as Co-Chair of ASIL’s Teaching International Law Interest Group. His work for the American Bar Association has included service to the Section of International Law and Practice. His interest in development issues also has led to his participation in the World Bank's Law, Justice, and Development Week program and the International Finance Corporation's Doing Business Project. Moreover, he has served as a member of the Board of Directors of the American Society of Comparative Law and has been selected to be the United States Reporter on Company Law and the Law of Succession for the Congress of the Academy of International Comparative Law in Vienna, Austria.
