The Dark Side of the Fare Wars: The Sixth Circuit Takes a Fresh Look at Predatory Pricing Claims Under Section 2 of the Sherman Antitrust Act
It is a truism that public policy favors robust competition and that consumers generally benefi...
Corporations & Securities Practice Group
It is a truism that public policy favors robust competition and that consumers generally benefi...
Deborah Platt Majoras, Paul S. Atkins, Michael S. Greve, Eugene Scalia
Introduction: Good morning. I’m Jerry Smith, a judge in the Circuit Court of Appeals. It’s...
This online issue features transcripts from many of the panels and speeches at our November...
ADMINISTRATIVE LAW & REGULATION State-Level Protection for Good-Faith Pharmaceutical Manufacturers by Daniel Troy Federalist Society...
Michael D. Hausfeld, Charles E. Stuckey, Theodore "Ted" Frank, John H. Beisner, John J. Stoia
Litigation Practice Group and Corporations, Securities & Antitrust Practice Group
On February 18, 2005 President Bush signed the Class Action Fairness- Act into law. Two...
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Partner, Boyden Gray PLLC
Jimmy Conde is partner at Boyden Gray PLLC, specializing in energy, environmental, and administrative law, with particular expertise in the Clean Air Act. He has protected clients against agency overreach in cutting-edge and complex legal proceedings, including challenges to EPA, DOE, DOT, and California rules seeking to compel electrification of motor vehicles, the FCC’s universal service fund, Department of Labor Wage & Hour Division rules, and HHS rules interfering with the practice of medicine and sound insurance practices. His written commentary has been published and referenced in the Wall Street Journal, the Washington Examiner, Concurrences (an antitrust publication), and Newsweek, among others.
Mr. Conde began his legal career as an associate with Boyden Gray PLLC. He clerked for Judge Douglas H. Ginsburg in the U.S. Court of Appeals for the D.C. Circuit and Judge David J. Porter in the U.S. Court of Appeals for the Third Circuit.
Associate Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of Commerce
Maria C. Monaghan is associate chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. In this capacity, she handles a variety of litigation matters for the Chamber.
Before joining the Litigation Center, Monaghan practiced as an associate in the D.C. office of Gibson, Dunn & Crutcher LLP. She represented clients in the telecommunications, energy, transportation, and e-commerce sectors, with a focus on appellate litigation and regulatory matters.
Monaghan served as a law clerk to the Honorable Samuel A. Alito of the United States Supreme Court, the Honorable Ed Carnes of the U.S. Court of Appeals for the Eleventh Circuit, and the Honorable Amul R. Thapar of the U.S. Court of Appeals for the Sixth Circuit. She graduated Order of the Coif from the University of Virginia School of Law, where she served as Articles Development Editor for the Virginia Law Review and participated in the Supreme Court Litigation Clinic. She received her undergraduate degree in Human Resource Management and Labor Studies from Rutgers University.
Senior Counsel, America First Legal Foundation
James Rogers is Senior Counsel at America First Legal Foundation, where he litigates in a number of areas, including border security, election integrity, parental rights, and administrative and constitutional law. Before joining America First Legal, from 2021 to 2022, he was Senior Litigation Counsel at the Solicitor General’s Office of the Arizona Attorney General’s Office. While there, he spearheaded lawsuits against the Biden Administration’s destructive open borders policies and its COVID19 vaccine mandates. From 2015 to 2021, James was a Foreign Service Officer at the U.S. Department of State, where he worked in the Office of the Assistant Legal Advisor for Consular Affairs, at the U.S. Consulate in Porto Alegre, Brazil, and at the U.S. Embassy in Windhoek, Namibia.
Prior to joining the Department of State, he was a commercial litigation partner at Osborn Maledon, a Phoenix-based firm with a #1 litigation ranking from Chambers and Partners. James earned a J.D. from Harvard Law School in 2009, an L.L.M. in International Law from the University of Cambridge in 2008, and a B.A., with honors, in International Studies from Brigham Young University in 2005. He is a sixth-generation Arizonan and lives in Mesa, Arizona, with his four children.
Partner, Marshall, Gerstein & Borun LLP
Ryan Schermerhorn is a registered patent attorney in the firm's Industrial & Mechanical Technologies Practice Group. His engineering background provides him with an understanding of clients’ technologies and enables him to effectively and efficiently provide a range of patent procurement services. He also leverages his experience to assist on intellectual property litigation as well as develop strategies for acquiring and protecting intellectual property.
Since 2017, Ryan has been listed as an "Emerging Lawyer" by Emerging Lawyers Magazine and has been selected for inclusion in the Illinois Rising Stars® lists. Ryan was recognized in Chicago Daily Law Bulletin's 2023 40 Under Forty list. Since 2024, Ryan has been selected for inclusion in The Best Lawyers in America© list in the practice areas of Litigation - Patent and Patent Law. In 2025, Ryan was selected by the Law Bulletin Publishing Company’s Leading Lawyer Network as a “Leading Lawyer.”
Executive Director, Center for Election Confidence
Lisa L. Dixon serves as the Executive Director of the Center for Election Confidence (formerly known as Lawyers Democracy Fund). Lisa is also a consultant for the Republican National Lawyers Association, serving as their Legal Counsel. Previously, Lisa practiced at Holtzman Vogel, where she specialized in tax-exempt organizations, campaign finance and election law, and lobbying compliance.
During law school, she interned for the Office of Chief Counsel, Procedure and Administration, at the Internal Revenue Service and at the Center for Law and Religious Freedom. Before law school, she served as the Assistant Student Division Director at The Federalist Society for Law and Public Policy Studies and interned at The Heritage Foundation’s Center for Legal and Judicial Studies.
Lisa earned a J.D. from the University of Virginia School of Law, an M.A. in History from the University of Virginia, and a B.A. in History from Hillsdale College. After 18 years on the East Coast, mostly in northern Virginia, she recently returned to her native Michigan, where she lives with her husband and three sons.
Senior Attorney, Pacific Legal Foundation
Oliver Dunford joined the Pacific Legal Foundation in March 2017. He litigates across the country to defend and advance individual liberty and the rule of law. Oliver’s cases involve the separation of powers, economic liberty, property rights, and the First Amendment.
Oliver remains inspired by the Classical Liberal ideals upon which our Founders declared independence and secured the blessings of liberty. The Constitution’s promises, however, are not self-executing. As James Madison explained, “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” Oliver feels lucky that his work helps oblige the government to control itself—to the end that all individuals may pursue their rights of life, liberty, and the pursuit of happiness.
Before joining PLF, Oliver clerked at the Ohio Supreme Court and the Ohio Court of Appeals, and spent more than a decade in private practice working on complex commercial litigation. Originally from Cleveland, Oliver is a graduate of the University of Dayton and Cleveland-Marshall College of Law, where he was a managing editor for the Cleveland State Law Review. Oliver is admitted to the state bars of Florida, California, and Ohio, as well as several federal courts including the United States Supreme Court.
Oliver spends all of his free time following the Cleveland Indians.
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
Senior Litigation Counsel, Washington Legal Foundation
Zac joined WLF in 2025 as Senior Litigation Counsel. In that role, he regularly represents WLF and other clients as counsel of record in cases before the U.S. Supreme Court and the federal appellate courts. Before arriving at WLF, Zac served as counsel to Commissioner Allen Dickerson of the Federal Election Commission. Zac also spent eight years litigating First Amendment cases as a staff attorney for the Institute for Free Speech, where he represented clients in federal and state cases across the country. He received his J.D. from George Mason University’s School of Law, where he participated in GMU’s Wiley Rein Supreme Court clinic.
Solicitor General, Iowa Office of the Attorney General
Eric Wessan serves as Iowa’s Solicitor General in the Iowa Attorney General’s Office. In that
role, Wessan leads Iowa’s litigation before State and federal appellate courts, including the Iowa
and U.S. Supreme Courts. Before that role, Wessan worked on complex commercial litigation at
two large law firms in Chicago. Wessan also served as a law clerk for the Honorable James C.
Ho on the U.S. Court of Appeals for the Fifth Circuit and for the Honorable John F. Kness on the
U.S. District Court for the Northern District of Illinois. Wessan is a graduate of the University of
Chicago Law School, with honors, and of the University of Chicago.
Senior Litigator, The Buckeye Institute; Partner, Wegman Hessler Valore
Jay R. Carson is the senior litigator at The Buckeye Institute. In this role he oversees all of Buckeye’s efforts to protect people’s rights and good public policy through the courts.
Carson brings 20 years of private-sector litigation and public policy experience to The Buckeye Institute, and has served as a legislative aide to the Ohio General Assembly, a law clerk to the Sixth Circuit Court of Appeals, as well as a Common Pleas Court Magistrate.
In addition to his work for The Buckeye Institute, Carson continues to practice at Wegman Hessler in Cleveland, where he focuses on business litigation, regulatory compliance counseling, and dispute resolution. Carson draws on his experiences in the public and private sectors to advocate for economic liberty and against burdensome government regulations on behalf of The Buckeye Institute and the people that it represents.
Carson is active in his community, the Cleveland Metropolitan Bar Association, the Northern District of Ohio Chapter of the Federal Bar Foundation, and is a life member of the Sixth Circuit Judicial Conference. Carson has also served on the Lakewood Civil Service Commission, the Lakewood Charter Review Commission, and the Cleveland-Cuyahoga County Workforce Investment Board. He currently serves on the boards of the North Coast Health Foundation and the Three Arches Foundation, which focus on providing health care to the uninsured, as well as the Lakewood Chamber of Commerce Board of Directors.
Jay earned his J.D. from The Ohio State University College of Law and his B.A. from Baldwin-Wallace College.
Senior Attorney, Institute for Justice
Sam Gedge is a senior attorney at the Institute for Justice. He joined IJ in June 2015 and litigates cases to promote economic liberty, protect political speech, and secure individuals’ rights to private property.
In 2017, Sam was named IJ’s second Elfie Gallun Fellow for Freedom and the Constitution. The fellowship comes with an emphasis on publishing written materials and speaking to students and others about the vital role the U.S. Constitution plays in protecting our most precious freedoms.
In his time at IJ, Sam has launched cases battling civil forfeiture and overzealous licensing boards, which generated widespread coverage and conversation in media outlets from Wired and The Atlantic to London’s Daily Mail.
Before joining IJ, Sam was an attorney at Wiley Rein LLP, in Washington, D.C., where he focused on litigation and election law. He is a former law clerk to Judge Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit.
Sam received his law degree cum laude from Harvard Law School in 2010.
Assistant Attorney General, Opinions Unit, Ohio Attorney General’s Office
Jeff Hobday serves as an Assistant Attorney General in the Opinions Unit at the Ohio Attorney General’s Office, where he researches and drafts formal opinions to guide state agencies, county officials, and townships on complex questions of statutory interpretation. He recently co-authored an amicus brief filed in the U.S. Supreme Court on behalf of Ohio and 28 other states in Montgomery v. Caribe Transport II, LLC, addressing federal preemption and the States’ authority to regulate highway safety through tort law.
Previously, Jeff held leadership roles at the Ohio Secretary of State’s Office, including as Senior Elections Counsel and Deputy Elections Director. He began his public service career as an attorney with the Ohio Legislative Service Commission, where he drafted legislation and advised lawmakers on criminal justice, tort law, and the state’s court system.
Jeff Hobday earned his law degree from Cornell Law School and holds a Bachelor of Music in Piano Performance and Psychology from Wheaton College in Illinois.
Partner, Lehotsky Keller Cohn LLP
Mary Miller is an experienced litigator focusing on complex trial and appellate litigation in state and federal courts. She has represented clients in matters involving antitrust, fraud, breach of contract, class actions, misappropriation of trade secrets, false advertising, and the False Claims Act. Mary previously first chaired a federal jury trial to successful verdict, and she has authored numerous motions and briefs at all stages of litigation.
Before joining Lehotsky Keller Cohn LLP, Mary was a partner at Kirkland & Ellis LLP in Washington, D.C. Mary previously clerked for the Honorable Justice Samuel A. Alito, Jr. of the Supreme Court of the United States, Judge Priscilla Richman of the United States Court of Appeals for the Fifth Circuit, and Judge Richard J. Leon of the United States District Court for the District of Columbia.
Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
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.
U.S. Chamber Litigation Center, Senior Counsel
Jordan Von Bokern is senior counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. In this capacity, Von Bokern focuses on regulatory litigation, especially affirmative litigation in which the Chamber is suing to challenge federal, state, and local regulations.
Before joining the Litigation Center, Von Bokern served as a trial attorney in the Federal Programs Branch in the Civil Division of the U.S. Department of Justice. In this role, Von Bokern defended the United States and various federal agencies and officers against lawsuits that raised constitutional and statutory challenges to federal statutes, regulations, guidance documents, and other executive branch actions. Von Bokern litigated those claims in federal district courts across the country.
Prior to that, Von Bokern served as senior counsel in the Office of Legal Policy at the U.S. Department of Justice. Here, Von Bokern advised Department of Justice leadership and the White House on the selection, nomination, and confirmation of federal judges. He also worked on Department of Justice policy initiatives.
Von Bokern served as a law clerk for both then-Seventh Circuit Court of Appeals Judge Amy Coney Barrett and Fifth Circuit Court of Appeals Judge Jerry E. Smith. Between his clerkships, he was an associate at Jones Day in their Labor and Employment practice. He graduated cum laude from The University of Chicago Law School, where he served as managing editor of The University of Chicago Law Review. Von Bokern received his B.A. in Political Science, summa cum laude, from Colorado State University.
Chairman of the Securities and Exchange Commission
Paul S. Atkins was sworn into office as the 34th Chairman of the Securities and Exchange Commission on April 21, 2025, after being nominated by President Donald J. Trump on January 20, 2025, and confirmed by the U.S. Senate on April 9, 2025.
Prior to returning to the SEC, Chairman Atkins was most recently chief executive of Patomak Global Partners, a company he founded in 2009. Chairman Atkins helped lead efforts to develop best practices for the digital asset sector. He served as an independent director and non-executive chairman of the board of BATS Global Markets, Inc. from 2012 to 2015.
Chairman Atkins was appointed by President George W. Bush to serve as a Commissioner of the SEC from 2002 to 2008. During his tenure, he advocated for transparency, consistency, and the use of cost-benefit analysis at the agency. Chairman Atkins also represented the SEC at meetings of the President’s Working Group on Financial Markets and the U.S.-EU Transatlantic Economic Council. From 2009 to 2010, he was appointed a member of the Congressional Oversight Panel for the Troubled Asset Relief Program.
Before serving as an SEC Commissioner, Chairman Atkins was a consultant on securities and investment management industry matters, especially regarding issues of strategy, regulatory compliance, risk management, new product development, and organizational control.
From 1990 to 1994, Chairman Atkins served on the staff of two chairmen of the SEC, Richard C. Breeden and Arthur Levitt, ultimately as chief of staff and counselor, respectively. He received the SEC’s 1992 Law and Policy Award for work regarding corporate governance matters.
Chairman Atkins began his career as a lawyer in New York, focusing on a wide range of corporate transactions for U.S. and foreign clients, including public and private securities offerings and mergers and acquisitions. He was resident for 2½ years in his firm's Paris office and admitted as conseil juridique in France.
A member of the New York and Florida bars, Chairman Atkins received his J.D. from Vanderbilt University School of Law in 1983 and was Senior Student Writing Editor of the Vanderbilt Law Review. He received his A.B., Phi Beta Kappa, from Wofford College in 1980.
Originally from Lillington, North Carolina, Chairman Atkins grew up in Tampa, Florida. He and his wife Sarah have three sons.
Professor of Law, Antonin Scalia Law School, George Mason University
Professor of Law Michael S. Greve joined the faculty of the Antonin Scalia Law School, George Mason University in fall 2012 after having served as John G. Searle Scholar at the American Enterprise Institute (AEI), where he specialized in constitutional law, courts, and business regulation and served as chairman of the Competitive Enterprise Institute. Prior to joining AEI, Greve was founder and co-director of the Center for Individual Rights, a public interest law firm specializing in constitutional litigation.
Greve has served previously as an adjunct professor at a number of universities, including Cornell and Johns Hopkins Universities, and has been a visiting professor at Boston College since 2004. He was awarded a PhD and an MA in government by Cornell University. Greve also earned a Diploma from the University of Hamburg in Germany.
A prolific writer, Greve is the author of nine books and a multitude of articles appearing in scholarly publications, as well as numerous editorials, short articles, and book reviews. He is a frequent speaker for professional and scholarly organizations and has made many appearances on radio and television.
In addition Greve has provided congressional and state legislative testimony, has lobbied and consulted in federal agency proceedings, and has provided litigation services and management in over 30 cases, including matters before the U.S. Supreme Court.
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
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.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Partner, Skadden, Arps, Slate
John Beisner is the leader of Skadden’s Mass Torts, Insurance and Consumer Litigation Group. He focuses on the defense of purported class actions, mass tort matters and other complex civil litigation in both federal and state courts. He also regularly handles appellate litigations and has appeared in matters before the U.S. Supreme Court. Over the past 25 years, he has defended major U.S. and international corporations in more than 600 purported class actions filed in federal courts and in 40 state courts at both the trial and appellate levels. Those class actions have involved a wide variety of subjects, including antitrust/unfair competition, consumer fraud, RICO, ERISA, employment discrimination, environmental issues, product-related matters and securities. He also has handled numerous matters before the Judicial Panel on multidistrict litigation, as well as proceedings before various federal and state administrative agencies, particularly the National Highway Traffic Safety Administration and the Consumer Product Safety Commission.
Mr. Beisner has advised on numerous high-visibility corporate crisis situations, including congressional hearings, federal agency investigations, state attorneys general inquiries and General Accounting Office reviews. Among others, he represented Merck in its Vioxx litigation. He also negotiated a settlement with state attorneys general regarding the Countrywide Finance/Bank of America mortgage lending practices investigation, resulting in a creative loan modification program intended to help more than 400,000 families maintain ownership of their homes. He was named “Litigator of the Week” by The American Lawyer for his role in this case.
Mr. Beisner is a frequent writer and lecturer on class action and complex litigation issues. In 2013 he received the Burton Award for Legal Achievement, which recognizes excellence in legal scholarship. Mr. Beisner also has been an active participant in litigation reform initiatives before Congress, state legislatures and judicial committees. He has testified numerous times on class action and claims aggregation issues before the U.S. Senate and House Judiciary Committees (particularly with respect to the Class Action Fairness Act of 2005) and before state legislative committees. For his integral role in crafting the Class Action Fairness Act, Mr. Beisner was recognized with the 2011 Research and Policy Award by The U.S. Chamber Institute for Legal Reform.
Mr. Beisner repeatedly has been selected for inclusion, and is in the top tier, inChambers USA: America's Leading Lawyers for Business in the area of products liability, and he also is listed in The Best Lawyers in America, The Legal 500 U.S., Who’s Who Legal and Lawdragon 500 Leading Lawyers in America. Mr. Beisner was profiled in an article by The American Lawyer that named Skadden as a finalist in the products liability section of its Litigation Department of the Year contest (January 2012). He was named one of the 2013 “BTI Client Service All-Stars” by The BTI Consulting Group for providing outstanding client service. He also was named one of Law360’s MVPs of 2011 in the products liability category, which recognizes those who have raised the bar in corporate law throughout the year. Law360 also profiled Mr. Beisner in two articles that named Skadden as a “Product Liability Group Of The Year” and“Class Action Group Of The Year” for 2010.
A list of the numerous published federal and state court decisions in which Mr. Beisner has played a role is available on request.