The Future of Miranda and the Exclusionary Rule
Criminal Law & Procedure Practice Group Newsletter - Volume 3, Issue 3, Winter 2000
Following are remarks from a panel discussion sponsored by the Criminal Law & Procedure Practice...
Criminal Law & Procedure Practice Group
Michael O'Neill, Vivian Berger, Bradford A. Berenson, William G. Otis, Tim Lynch
Criminal Law & Procedure Practice Group Newsletter - Volume 3, Issue 3, Winter 2000
Following are remarks from a panel discussion sponsored by the Criminal Law & Procedure Practice...
George Nicholson, Ann Beeson, William F. Kilpatrick, J. Harvie Wilkinson, Michael J. Horowitz, James Rapp, Troy A. Eid
Transcript
APPEARANCES:JUDGE GEORGE NICHOLSON (Court of Appeals, State of California)PANELISTS:MR. TROY EID (Discussion Leader) (Chief Counsel...
Criminal Law & Procedure Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
THIRTY YEARS after the United States Supreme Court decision in Miranda v Arizona1, the debate...
Criminal Law & Procedure Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
For almost 180 years before 1966, the rule concerning the admissibility of a confession was...
Criminal Law & Procedure Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
Since January 1, 1998, the Florida Supreme Court has reversed death sentences in thirty-nine of...
Partner, Secil Law
John Irving brings nearly three decades of experience in white collar criminal defense, government investigations, and high-stakes congressional and corporate inquiries. A former federal prosecutor and trusted advisor within the U.S. Department of Justice and the Environmental Protection Agency, John is known for his calm under pressure, strategic clarity, and unwavering discretion.
His clients have included Members of Congress, senior executives, political appointees, and corporate entities navigating complex criminal, civil, and regulatory matters—including matters that have dominated national headlines. John’s practice today is defined by sophisticated representation in sensitive investigations, classified matters, and strategic crisis response—often involving multiple enforcement authorities.
John served for over a decade in the U.S. Department of Justice, including as an Assistant U.S. Attorney in Washington, D.C., where he prosecuted a wide range of criminal cases and appeared regularly in court. He later served as Counsel to two Deputy Attorneys General and as Counsel to the Assistant Attorney General of DOJ’s Environment and Natural Resources Division, advising on departmental policy and enforcement matters at the highest levels.
Prior to his tenure at DOJ, John served as Investigative Counsel to the (then-named) U.S. House Committee on Government Reform & Oversight and as an Associate Independent Counsel in the investigation of former HUD Secretary Henry Cisneros.
Before joining SECIL Law, John was a Partner at E&W Law, a boutique firm focused on environmental and white-collar litigation, and previously spent over a decade at Holland & Knight LLP in Washington, D.C. There, he was a key member of the firm’s White-Collar Defense, Investigations & Compliance team.
His private practice experience includes:
John’s clients appreciate his deep fluency in government processes, his strategic precision in high-pressure moments, and his ability to quietly resolve matters that others cannot.
Partner, King & Spalding LLP
Granta Nakayama specializes in energy and environmental issues. A partner in our Environmental practice with a focus on energy, Granta represents companies in a range of regulatory and enforcement matters.
With training as a nuclear engineer and more than a decade of experience as a practicing engineer and technical manager, Granta represents clients with products or services regulated by the Environmental Protection Agency (EPA) and Consumer Product Safety Commission (CPSC), along with state government agencies such as the California Air Resources Board. He defends companies in enforcement actions and litigation involving regulations and rate proceedings, and represents their interests in agency rulemakings and Congressional matters.
From 2005 to 2009, Granta served as Assistant Administrator for the EPA Office of Enforcement and Compliance Assurance. In that role, he led 3,400 employees in a national enforcement and compliance program covering air, water, waste, toxic chemicals and pesticides. During his tenure, EPA achieved record annual pollutant reductions (more than 3 billion pounds) and injunctive relief (over $11 billion).
The National Law Journal has recognized Granta as a 2016 "Energy and Environmental Trailblazer." He has been listed by The Legal 500 every year since 2010, and was recognized as a "Hall of Famer" in both the environmental litigation and regulatory and the rail and road litigation and regulatory sections in 2020. He has also been ranked in each edition of Chambers USA since 2010.
Partner, Sidley Austin LLP
JUSTIN SAVAGE is a global co-leader of the firm’s Environmental, Health, and Safety practice and co-leads the Automotive and Mobility sector team, where he is a leading strategist for companies navigating the intersection of complex regulation, high-stakes litigation, and transformative industry change. For nearly three decades, he has led clients through their most consequential environmental, health, and safety (EH&S) disputes and mobility-sector challenges, earning a reputation as both a trusted counselor and a forceful advocate in the courtroom and the boardroom. A core part of Justin’s practice also focuses on regulatory strategy and market entry, advising emerging technology companies, new market entrants, and established industry leaders on launching new products, technologies, and business models. He regularly counsel clients in emerging fields such as robotics and AI on engaging with regulators, anticipating enforcement and compliance risk, and building defensible regulatory strategies that support growth rather than slow it.
Clients praise Justin as “an excellent litigator… strategically clever and creative… attentive, thoughtful and willing to go above and beyond” (Chambers USA 2025). Chambers USA has ranked him for Band 1 for Environment in District of Columbia (2017–2025) and Band 3 for Transportation: Road (Automotive) in USA—Nationwide (2023–2025).
Justin has won some of the most closely watched EH&S and transportation disputes of the past two decades and guided companies through crises where business continuity, brand reputation, and regulatory survival were on the line. His leadership has been repeatedly recognized: he is a three-time Law360 Environmental “MVP” (2018, 2024, 2025) and a Lawdragon “500 Global Leaders in Crisis Management” (2025-2026). He is the first call for companies facing bet-the-company challenges.
Justin’s clients concentrate in heavily regulated industries, including auto and mobility, aviation, chemicals, data centers, energy, mining, and refining. Justin litigates and counsels across the spectrum of U.S. environmental, transportation, and administrative laws, including the Clean Air Act (Title I, mobile sources, and fuels), incident response, RMP, NHTSA, Clean Water Act, TSCA, CSB investigations, APA claims, FOIA litigation, NEPA, and the Safe Drinking Water Act.
Prior to joining Sidley, Justin served for nearly a decade at the Environmental Enforcement Section of the U.S. Department of Justice, where he led teams in several multi-billion dollar enforcement cases. In his career, Justin has regularly taught on a range of environmental and litigation topics. For several years, Justin served as an instructor at the Justice Department’s National Advocacy Center where he taught hundreds of Assistant U.S. Attorneys and other agency lawyers on topics that included trial advocacy and evidence. Since rejoining private practice, Justin has served eight times as a faculty member for the American Law Institute’s Environmental Litigation program. He also lectured on a range of litigation and trial topics for bar associations and organizations, including serving as an instructor for the FAA on trial advocacy.
Office of the Florida Attorney General
JEFFREY DESOUSA served as the Acting Solicitor General in the Florida Attorney General’s Office, where he focused on criminal appeals and constitutional litigation, primarily in the United States and Florida Supreme Courts, the Eleventh Circuit Court of Appeal, and the Florida district courts. He is a member of the Florida Bar’s Appellate Court Rules Committee and the First District Appellate American Inn of Court. After graduating with honors from Georgetown Law, Jeffrey served as an appellate attorney for the Miami-Dade Public Defender’s Office. He has worked on hundreds of appellate cases and presented oral argument in approximately 70, including 18 in the Florida Supreme Court.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
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.
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
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.”
Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
United States Court of Appeals, Fourth Circuit
James Harvie Wilkinson III is an Article III federal judge on the United States Court of Appeals for the Fourth Circuit. He joined the Court in 1984 after being nominated by President Ronald Reagan.
Born in New York City, New York, Wilkinson graduated from Yale University with his Bachelor's degree in 1967. Wilkinson served in the United States Army from 1968 to 1969 and received his Juris Doctor degree from the University of Virginia School of Law in 1972.
On the recommendation of Virginia U.S. Senator John Warner, Wilkinson was nominated to the United States Court of Appeals for the Fourth Circuit by President Ronald Reagan on January 30, 1984 to a seat vacated by John Butzner, Jr.,. Wilkinson was confirmed by the Senate on August 9, 1984 on a Senate vote and received commission on August 13, 1984. Wilkinson served as the Chief Judge of the Court from 1996 to 2003.
Director, Project for International Religious Liberty, Hudson Institute
Michael J. Horowitz is director of Hudson Institute's Project for Civil Justice Reform and Project for International Religious Liberty. He served as general counsel for the Office of Management and Budget (OMB) under the Reagan Administration, and has taught law at the University of Mississippi and Georgetown. He has also practiced private law as a partner at national law firms. Horowitz joined Hudson Institute as a Senior Fellow where he has put together left-right coalitions on a wide variety of foreign and domestic issues. He has written frequently and is regularly called to testify and consult with Congress.
Shareholder, Greenberg Traurig LLP
Troy A. Eid focuses his litigation, mediation and transactional practice on government enforcement, investigations and compliance, environmental law, energy and natural resource development, and Federal Indian law and Native American and Alaska Native tribal law. Troy is a trusted advocate and mediator in the Rocky Mountain West and in federal, state and tribal trial and appellate courtrooms across the country.
Former Inspector General of the Corporation for National and Community Service
Gerald Walpin, the new Inspector General of the Corporation for National and Community Service, has vowed a vigorous effort to investigate and prosecute all persons who betray the public’s trust by defrauding the Corporation and its programs.
A prominent New York attorney, Walpin was nominated by President George W. Bush, confirmed by the U.S. Senate and sworn into office on January 8, 2007. He leads the Office of Inspector General (OIG), an independent Federal agency charged with oversight over the taxpayer-supported Corporation and its service programs, including AmeriCorps, Volunteers in Service to America (VISTA)and Senior Corps.
“My major objective is to expand upon the good work of this office by preventing, detecting and prosecuting all thefts and frauds,” said Walpin. “The reality is that such misconduct takes precious resources away from deserving people, the same way the theft of a welfare check hurts a single mother who needs that money to buy milk for her children. For that reason, this office will seek out and ensure sanctions for all wrongdoing involving Corporation funds.”
Walpin said his other major goal is to “assist the Corporation in making its services efficient and accessible for all national service stakeholders.”
A New York City native, Walpin graduated from College of the City of New York in 1952. He earnedhis law degree, cum laude, in 1955 from Yale Law School, where he was managing editor of the Yale Law Journal. From 1957-60, he served as a lieutenant in the United States Air Force Judge Advocate General.
His career included a five-year stint as Chief of Prosecutions for the United States Attorney for the Southern District of New York, where he successfully prosecuted a number of high-profile cases. He spent more than 40 years as senior partner and, more recently, of counsel to New York-based Katten Muchin Rosenman LLP.
Mr. Walpin has represented a wide range of clients, including large public corporations, securities brokerage firms, accounting firms, law firms, banks in lender liability claims, and individuals, both American and foreign, in securities litigations, employment litigations, criminal prosecutions, and investigations by the United States Securities and Exchange Commission. Both as an Assistant U.S. Attorney and in his law firm, he was frequently called upon to investigate fraudulent conduct.
Included in the published compilation “The Best Lawyers in America,” Mr. Walpin served from 2002-2004 as president of the Federal Bar Council, the association of attorneys practicing in the Second Circuit Federal courts. In 2003, he was honored with the American Inns of Court Professionalism Award for outstanding professionalism as an attorney and for mentoring younger lawyers.
Walpin and his wife Sheila, married for almost 50 years, have three children and six grandchildren.
Inspector General of the Corporation for National and Community Service
Chief of Prosecutions in the New York U.S. Attorney's Office.
President of the Federal Bar council
Senior Partner of and Council to Katten Muchin Rosenman LLP
Chief of Prosectutions for the US Attornery for the Southern District of New York
Lieutenant in the US Air Force Judge Advocate General
B.A., College of the City of New York, 1952
J.D., Yale Law School
Partner, Kirkland & Ellis LLP
Reginald “Reg” Brown is a partner in the Washington, D.C., office of Kirkland & Ellis LLP. He has a vibrant and diverse crisis and governmental investigations practice, and regularly counsels financial institutions and other industry-leading clients facing complex and significant regulatory, enforcement and reputational matters.
Reg provides investigations-related guidance, strategic counsel and crisis management assistance to a broad range of companies and senior executives confronting challenges and opportunities at the intersection of government, law, media and public policy. He has assisted leading institutions and high-profile individual clients with more than a hundred congressional inquiries, as well as numerous federal, state and global government investigations and crisis avoidance and mitigation matters.
Reg leads teams of lawyers responding to some of the most challenging Department of Justice (DOJ), Consumer Financial Protection Bureau (CFPB), State Attorneys General and other regulatory or enforcement matters for financial institutions. Many of his clients are among the world's most prominent banks, hedge funds, private equity and venture firms, energy companies, government contractors, healthcare institutions and technology firms, as well as CEOs and high-ranking public officials. Reg has also assisted prospective and incumbent high-level public officials in connection with complex ethics agreements and governmental controversies.
Prior to joining Kirkland, Reg was a partner at WilmerHale, where he served as chairman of the firm's Financial Institutions Group and led the firm's congressional investigations practice as vice chair of the Crisis Management and Strategic Response Group. He previously served in the White House Counsel's office, where he was the White House's principal legal liaison to the Departments of Treasury and Housing and Urban Development, as well as many independent financial services agencies. In this role, he provided counsel on a wide variety of issues. Among other things, Reg served as a counselor for the White House Office of Political Affairs, Presidential Personnel Office and the National Economic Council.
Prior to his government service, Reg served as assistant to the CEO and vice president of corporate strategy at Nationwide Mutual Insurance Company, and as the deputy general counsel to former Florida Governor Jeb Bush. He served as a Peace Corps volunteer in the Federated States of Micronesia early in his professional career.