Statewide vs. Local Right to Work Laws - Podcast
Labor and Employment Law Practice Group Podcast
In 1957, an article in the Stanford Law Review asked the question: can counties and cities pass...
Labor & Employment Law Practice Group
Andrew Kloster, James Sherk, Ariana R. Levinson, Raymond J. LaJeunesse
Labor and Employment Law Practice Group Podcast
In 1957, an article in the Stanford Law Review asked the question: can counties and cities pass...
David Fortney, Brent Garren, John S. Irving
Labor & Employment Law Practice Group Podcast
2016 was a big year for labor and employment law. In Friedrichs v. California Teachers...
Administrative Law & Regulation Could a New Section 1983 Covering Federal Officials Curb Executive Branch...
Labor & Employment Law Practice Group Podcast
Ronald Meisburg, former National Labor Relations Board Member and General Counsel, joined us to discuss...
Lawrence VanDyke, Jesse Panuccio, D Hancock
Litigation and Labor & Employment Practice Groups Podcast
In May, the Department of Labor announced a new overtime regulation, which would require all...
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Chief Deputy Solicitor General, Director of the Tenth Amendment Center, Ohio Attorney General's Office
John serves in the Office of the Solicitor General as a Deputy Solicitor General and as the Director of the Tenth Amendment Center. In his role, John monitors federal actions, orders, statutes, and regulations for potential overreach and advises the Solicitor General about potential actions to protect the interests of the State of Ohio. John works in both state and federal courts, including the U.S. Supreme Court, the U.S. Courts of Appeals, and the Ohio Supreme Court.
John previously practiced as a litigator at two large law firms in Columbus. He clerked for Judge Joseph Hood on the U.S. District Court for the Eastern District of Kentucky and Judge Eugene Siler for the U.S. Court of Appeals for the Sixth Circuit.
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Executive Director, Alliance For Consumers
O.H. leads Alliance For Consumers, which fights to ensure that consumer protection efforts, class action lawsuits, and attorney general enforcement actions are consistent with the rule of law and benefit everyday consumers, not just class action lawyers and career bureaucrats.
His work with AFC builds off his time with the Arizona Attorney General's Office under Attorney General Mark Brnovich, where he not only defended constitutional questions and served as the State's lead counsel in the U.S. Supreme Court, but also had the privilege of leading Arizona's consumer protection lawsuit against Google over the tracking of consumers' location, and the successful case against Volkswagen over well-publicized diesel-related consumer deception.
O.H. is a 2010 graduate of Harvard Law School. Before joining Attorney General Brnovich in 2016, O.H. practiced at WilmerHale and Ropes & Gray in Boston and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia.
Commissioner, U.S. Equal Employment Opportunity Commission
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
Assistant Secretary for Fair Housing and Equal Opportunity, United States Department of Housing and Urban Development
Craig Trainor is Assistant Secretary for Fair Housing and Equal Opportunity at the United States Department of Housing and Urban Development. President Trump nominated Mr. Trainor for this position on February 11, 2025, and the United States Senate confirmed him on October 7, 2025.
A “Day One” Trump-Vance Administration official, he previously served as Acting Assistant Secretary for Civil Rights and Principal Deputy Assistant Secretary for Civil Rights at the United States Department of Education, where he spearheaded the Department’s efforts to reorient America’s civil rights regime from an unjust spoils system to one that protects the rights of all Americans. Mr. Trainor’s February 14, 2025, “Dear Colleague” letter is widely considered the Trump Administration’s blueprint for enforcing civil rights laws and restoring the Constitution’s promise of equal protection.
Prior to serving in the Trump-Vance Administration, he was Senior Special Counsel with the United States House of Representatives Committee on the Judiciary under Chairman Jim Jordan (R-OH), and Senior Litigation Counsel with the America First Policy Institute under the Honorable Pam Bondi.
For over ten years, Mr. Trainor was a criminal defense and civil rights lawyer in New York City, litigating cases in New York state court and the United States District Court for the Southern and Eastern Districts of New York.
Prior to founding his law practice, he served as a New York City prosecutor, an associate attorney at a white collar criminal defense firm, and a law clerk to Chief Judge Frederick J. Scullin, Jr., United States District Court for the Northern District of New York.
Assistant Secretary for Civil Rights, U.S. Department of Agriculture
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Member, Federal Service Impasses Panel, Federal Labor Relations Authority
Thomas Beck was appointed as a member of the Federal Service Impasses Panel (FSIP) on July 9, 2026. Previously, he was Senior Adviser to Littler Mendelson’s Workplace Policy Institute. He spent 13 years as Vice President, Labor and Employee Relations for HCA Healthcare, the largest healthcare system in the United States, with approximately 300,000 employees, 36,000 of whom are represented by labor unions. Before joining HCA, he served for four years as a Member of the Federal Labor Relations Authority, having been appointed to the agency and designated as its Chairman by President George W. Bush. Prior to his time at the FLRA, Thomas was a partner with global law firm Jones Day, where he practiced primarily labor and employment law for 16 years. During his time with Jones Day, Thomas counseled large employers in the telecommunications, manufacturing, healthcare, retail, and transportation sectors on collective bargaining and other labor relations matters.
Thomas handled the “labor portfolio” in both Trump presidential transitions, which included advising on workplace policy and recommending to the president-elect individuals to serve in senior leadership at the Department of Labor, National Labor Relations Board, Equal Employment Opportunity Commission, and Occupational Safety and Health Review Commission.
He has testified on labor law reform in the United States Senate.
In addition to his work in labor law and labor-management relations, Thomas has taught law school courses on separation of powers and statutory interpretation. He is the author of the legal casebook, Constitutional Separation of Powers: Cases and Commentary, and several opinion pieces such as Artificial intelligence will change jobs, not erase them, Washington Times,1/5/26; How Trump Can Impound Money, WSJ, 6/12/25; The Constitution empowers the president to pardon civil offenses, The Hill, 6/11/25; Congress Ought to at Least Show Up to Vote, WSJ, 4/23/13; Why U.S. Credit Rating Doesn’t Matter, Politico, 7/29/11; Military Commissions: Fundamentally Just, National Law Journal, 5/23/11
Thomas is a graduate of the University of Virginia School of Law.
Professor of Practice and Executive Director, Center for Labor and a Just Economy, Harvard Law School
Sharon Block is a Professor of Practice and Executive Director of the Center for Labor and a Just Economy at Harvard Law School. Prior to returning to Harvard, she served as the senior official delegated the duties of the Administrator of the Office of Information and Regulatory Affairs in President Joe Biden’s White House. She also served as a senior advisor to the Biden-Harris Transition team, providing advice to the policy, OMB and Labor Agency Review teams on labor, worker empowerment and regulatory policy and participating in briefing and hearing preparation for nominees.
From 2017 to 2021, Block led the Labor and Worklife Program. During this time, she launched the Clean Slate for Worker Power project, which is a comprehensive policy initiative focused on fundamental redesign of labor law with the aspiration to enable all working people to create the collective economic and political power necessary to build an equitable economy and politics.
For twenty years, Block has held key labor policy positions across the legislative and executive branches of the federal government. In the Obama Administration, she was the Principal Deputy Assistant Secretary for Policy at the U.S. Department of Labor and Senior Counselor to the Secretary of Labor Tom Perez. In 2012, President Obama appointed her to serve as a member of the National Labor Relations Board. While serving in the Obama White House as Senior Public Engagement Advisor for Labor and Working Families, Block led the historic White House Summit on Worker Voice, which explored ways for workers to fully participate in their economic future. At the President’s direction, Block also conducted a series of regional worker voice summits across the country. Prior to the Obama Administration, she was senior counsel to the Senate HELP committee under Senator Edward Kennedy, playing a central role in the debate over the Employee Free Choice Act.
Block writes frequently on labor, employment and administrative law topics. She is a senior contributor to OnLabor.org and her opinion pieces have appeared in the New York Times, Washington Post, Fortune, The American Prospect, The Hill, USA Today, Forbes, and Newsweek.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Shareholder, Ogletree Deakins
Brian Hayes is a Shareholder in the Washington, DC office of Ogletree Deakins and serves as Co-Chair of the law firm’s Traditional Labor Practice Group. Immediately prior to his joining the firm he was a Member of the National Labor Relations Board. He was confirmed to that post by the United States Senate in 2010 and his term ended in December of 2012. He is currently a Member of the U.S. Chamber of Commerce Litigation Advisory Committee and was recently named Chairman of the U.S. Chamber’s Subcommittee on the National Labor Relations Act. He also serves as editor in chief for The Practical NLRB Advisor.
Prior to his nomination and confirmation to the NLRB, Brian Hayes served as the Republican Labor Policy Director for the United States Senate Committee on Health, Education, Labor and Pensions. He came to Capitol Hill in 2005 after nearly thirty years in private legal practice devoted exclusively to representing management clients in labor and employment matters. While in private practice he represented clients in scores of cases before NLRB, state and federal courts, and a host of other federal agencies such as the EEOC, OFCCP, OSHA, the Department of Labor and their state counterparts. He also has had extensive private practice experience representing employers in collective-bargaining negotiations, arbitrations and other forms of dispute resolution. In addition to his private practice, he served as Counsel to the Employers’ Association of the Northeast, editor-in-chief and contributor to The Health Care Labor Manual, and also served on the adjunct faculty of Western New England Law School teaching courses in labor law, and collective-bargaining, arbitration and employment litigation. Before entering private practice he began his legal career at the NLRB working as a law clerk to the Chief Administrative Law Judge while in law school and subsequently as counsel to the then-Board Chairman. He is a graduate of Boston College and of Georgetown University Law School.
Principal, JacksonLewis
Marvin Kaplan is a principal in the New York City, New York, office of Jackson Lewis P.C.
Marvin, a former Chairman of the National Labor Relations Board (NLRB), advises clients on labor and employment issues, focusing on union organizing and labor-management relations. Over his eight years on the NLRB, Marvin participated in over 900 decisions, including decisions addressing the lawfulness of captive audience speeches and work rules, and the standards for determining the composition of a bargaining unit and whether an individual is an independent contractor, and several rulemakings, defining a joint-employer and laying out procedures governing representation elections.
Prior to his time on the NLRB, he served as Chief Counsel at the Occupational Safety and Health Review Commission and a Special Assistant at U.S. Department of Labor. His cross-disciplinary experience makes Marvin particularly well-suited to advise clients on strategic business planning.
His experience at all levels of government in different agencies and branches, including the U.S. House of Representatives, provides a unique perspective on Congressional oversight, legislation, regulations and federal investigations—enabling him to help clients navigate complex compliance challenges and anticipate regulatory developments that could impact their organizations.
He is a graduate of Cornell University and Washington University in St. Louis Law School.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Senior Counsel, Compass Legal Group
Andrew Kloster is Senior Counsel at the nonprofit Compass Legal Group. He is a long-time fixture of the conservative movement, advising clients on the new right on a wide variety of matters criminal, civil, political / electoral, and administrative. Recently, he served as Chief of Staff to the Wisconsin Office of Special Counsel investigation into election administration. Prior to that, he served in the Trump administration, including concurrently as Associate Director in the White House Office of Presidential Personnel and as Deputy General Counsel (and later, Acting General Counsel) in the United States Office of Personnel Management. He has also served in senior positions in regulatory and legal positions at the United States Department of Transportation and the Environmental Protection Agency, and was appointed by President Trump to serve a three-year term on the Council of the Administrative Conference of the United States. Previously, he worked at the Heritage Foundation, the Scalia Law School, and other movement groups. He is a graduate of the University of Miami and the New York University School of Law, and he served as a law clerk on the United States Court of Appeals for the Seventh Circuit.
Director, Center for American Freedom, America First Policy Institute
James Sherk was born in Ontario, Canada, and immigrated with his family to Midland, Michigan while in middle school. He serves as AFPI’s Director of the Center for American Freedom. Sherk previously served as Special Assistant to the President for Domestic Policy on the White House Domestic Policy Council under President Donald Trump. James served as the Administration’s top civil service reform and labor policy advisor from 2017 to 2021. At the White House, he was the principal author of and/or policy lead for approximately two dozen executive orders and presidential memoranda. Sherk also served as a member of the President’s Council on Improving Federal Civic Architecture. Prior to his White House service, Sherk was a Research Fellow at the Heritage Foundation, where he was a nationally recognized expert on the civil service and labor policy. Sherk received a Bachelor of Science in Mathematics and Economics from Hillsdale College and an Master of Arts in Economics from the University of Rochester. Sherk and his wife, Jill, live in Northern Virginia with three beloved children who teach their parents to ponder inscrutable questions like “how much drawing can go on the walls before we have to repaint them?”
Professor of Law, University of Louisville Brandeis School of Law
Ariana R. Levinson is a nationally acclaimed and internationally recognized labor and employment law scholar and focuses her teaching on practical legal skills. She has often presented her research, including at Berkeley Law School, Fordham Law School, University of Leeds, and Universidad Carlos II de Madrid. Levinson’s work has been published in the Columbia Business Law Review and the Cornell Journal of Law and Public Policy. She has a forthcoming student co-authored article in the Harvard Journal on Legislation and is working on a hornbook on arbitration.
Professor Levinson received a Corey Rosen Research Fellowship from the Rutgers School of Management and Labor Relations for the 2012-13 academic year, and a Michael W. Huber Fellowship for the 2013-14 academic year. In conjunction with the fellowships, she published "Founding Worker Cooperatives: Social Movement Theory and the Law" in the Nevada Law Journal and is working on a research project about the Cincinnati Union Co-op Initiative. Her article "What the Awards Tell Us about Labor Arbitration of Employment Discrimination Claims", published in the University of Michigan Journal of Law Reform was selected by blind review by Vanderbilt Law School faculty for presentation at the Branstetter New Voices in Civil Justice Workshop in May 2012.
In addition to writing about worker ownership and arbitration, Professor Levinson has also written a number of articles about workplace technology and privacy. Her most recent publications on this topic include a book chapter in the Research Handbook on Electronic Commerce Law.
Professor Levinson is the faculty liaison to the Peggy Browning Fund and a co-planner of the Warns-Render Labor and Employment Law Institute, an annual labor and employment law continuing legal education program. She coaches the mock arbitration team and advises the Wagner moot court team. She is a Reviewer for the American Business Law Journal. Professor Levinson is admitted to practice in Indiana and California.
Prior to teaching at Brandeis School of Law, Professor Levinson taught at USC Gould School of Law and at UCLA School of Law. She clerked for the Honorable John G. Davies (United States District Court, Central District of California) and for the Honorable Myra C. Selby (Supreme Court of Indiana) and practiced labor law, including serving as a fellow for the AFL-CIO's Legal Department.
She graduated magna cum laude from the University of Michigan Law School. During law school, she served as a contributing editor on the Michigan Law Review and was awarded the Robert S. Feldman Labor Law Award for the most outstanding work in that field. She also received a 2014-15 faculty favorite award from the University of Louisville Delphi Center for Teaching and Learning.
Vice President & Legal Director, National Right To Work Legal Defense Foundation
Raymond J. LaJeunesse, Jr., is Vice President and Legal Director of the National Right to Work Legal Defense Foundation, a non-profit legal aid organization. He was the first Staff Attorney employed by the Foundation and has more than forty-five years of experience helping workers in litigation in federal and state courts and administrative agencies over the abuses of compulsory unionism.
Mr. LaJeunesse has argued four cases in the United States Supreme Court. Those cases include Lehnert v. Ferris Faculty Ass’n, 500 U.S. 507 (1991), which limited the purposes for which compulsory union fees collected from public employees may lawfully be spent; Air Line Pilots Ass’n v. Miller, 523 U.S. 866 (1998), which established that unions cannot compel nonmembers to exhaust union-established remedies before going to court to challenge compulsory union fees; and Marquez v. Screen Actors Guild, 525 U.S. 33 (1998), in which the Court recognized that unions must notify employees that they can satisfy the “membership” requirement of “union shop” agreements by just paying fees for union bargaining activities and need not join and pay full dues to keep their jobs. He also was lead attorney in Hohe v. Casey, 956 F.2d 399 (3d Cir. 1992), in which more than $8.3 million in compulsory agency fees was recovered from the American Federation of State, County and Municipal Employees for a class of 57,000 nonmembers.
Mr. LaJeunesse is the author of several published articles about labor law, has testified before Congressional committees several times, and was an Advisor on the Transition Team for Labor- Related Agencies, Office of the President-Elect, in 1980-81 and a legislative aide to a member of the Virginia state legislature. He is a Vice Chairman of the Federalist Society’s Labor and Employment Law Practice Group and has spoken or debated at the Society’s National Lawyers Convention and at many Lawyers and Student Chapters on such topics as Right to Work laws, compulsory unionism arrangements, the misuse of union dues for politics, union organizing tactics (“card check” vs. secret-ballot elections), and the future of the union movement.
Mr. Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, international dispute resolution and counseling matters, and developing strategies for avoiding or responding to workplace-related crises.
Mr. Fortney has a broad-based practice representing and counseling employers and executives in employment and labor matters, including equal employment opportunity requirements, wage and hour matters, federal contractor's affirmative action and non-discrimination obligations, collective bargaining, and workplace health and safety. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before federal and state agencies, including the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board.
Mr. Fortney has been widely recognized for his professional accomplishments, including being named one of the leading employment lawyers in Washington, D.C. by the CHAMBERS USAsurvey of America’s Leading Lawyers for Business in all years from 2005 through 2015. He was selected for inclusion in the 2008 through present editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers. Mr. Fortney was also awarded an AV rating (the highest level) by Martindale-Hubbell.
Before co-founding the firm, Mr. Fortney previously served as the chief legal officer of the U.S. Department of Labor in Washington, D.C. during the term of President George H.W. Bush. As Acting Solicitor of Labor, he was responsible for enforcing over 140 laws regulating the nation's workplaces and managing an agency with 800 attorneys and support staff. He advised Secretaries of Labor Elizabeth Dole and Lynn Martin and the Department of Labor agencies on a broad range of legal, policy, legislative, regulatory and enforcement issues.
Mr. Fortney has testified before the U.S. Congress on several occasions and a state legislative committee on wage and hour matters.
Mr. Fortney is a frequent lecturer and writer on employment-related topics, including appearances on CNN, CBS and Fox News. Mr. Fortney is the co-editor of the Federal Employment Law Insider monthly newsletter, Chapter Editor of The Family and Medical Leave Act (2006) published by BNA Books, co-author of the Military Leave Compliance Kit (2001), published by M. Lee Smith Publishers, and lead author of the Guide to Employee Leave(1997), published by Warren, Gorham & Lamont.
Deputy General Counsel, Local 32 BJ, Service Employees International Union
Brent Garren is a Deputy General Counsel of SEIU Local 32 BJ, the 145,000 member property services local in New York and the eastern seaboard. He worked for the International Ladies’ Garment Workers Union, then UNITE, UNITE HERE and Workers United prior to Local 32 BJ, including serving as General Counsel for UNITE HERE and later Workers United.
Mr. Garren’s career has focused on the National Labor Relations Act. He is an Editor-In-Chief of How to Take a Case Before the NLRB, the leading text on NLRB procedure. He is a member of and past union co-chair of the ABA’s subcommittee on Practice and Procedure under the NLRA, part of the Labor and Employment Law Section. He has spoken about and written on the NLRA, including on remedies, voluntary recognition and NLRB jurisdiction.
He has been involved in international labor solidarity activities, including representing U.S. labor to the International Labor Organization, dealing with protection of home workers and protection of contracted labor.
He was graduated by Wayne State School of Law, summa cum laude.
Of Counsel, Kirkland & Ellis LLP
John focuses his practice on labor and employment litigation and counseling employers on mergers, acquisitions and consolidations, downsizing, plant relocations, union representation elections, labor negotiations, strikes and lockouts, NLRB unfair labor practices, arbitration, wage and hour, wrongful discharge and equal employment. John, a former NLRB General Counsel and Labor Department official, was selected as a global leader in the field of employment & labor law in The International Who's Who of Labor and Employment Lawyers by Law Business Research, The Best Lawyers in America, and Super Lawyers.
John earned his B.A. from Brown University and both his J.D. and LL.M. from Georgetown.
Director, Faculty Relations, The Federalist Society
Katie McClendon is the Director of Faculty Relations at the Federalist Society, where she has worked since 2015.
Katie holds a J.D. from the University of Pennsylvania Law School and a B.A. in Political Science from Biola University, where she was a member of the Torrey Honors Institute. She is a fellow of the John Jay Institute and the Blackstone Legal Fellowship. Katie is originally from Los Angeles, and she now lives with her husband and four children in Atlanta.
Special Counsel, Hunton & Williams
Mr. Meisburg is a former National Labor Relations Board Member and General Counsel.
Prior to joining Hunton & Williams LLP, Ronald co-chaired the labor-management relations practice at an international law firm. Over the course of his 40-year career, which began with the Office of the Solicitor of the US Department of Labor, Mr. Meisburg has handled matters arising under federal labor and employment law in complex business transactions before federal agencies and courts.
Mr. Meisburg joined the NLRB in 2004, following a recess appointment by President George W. Bush. Two years later, President Bush appointed him to a four-year term as NLRB General Counsel, a position independent from the Board. Serving under the Bush and Obama Administrations as the chief prosecutor under the National Labor Relations Act and chief administrator of the agency’s 32 regional offices, he oversaw a $280 million budget and 1,200 staff.
Ronald has been quoted as a labor law authority by numerous national publications and news organizations, including The New York Times, The Wall Street Journal, The Washington Times, SHRM Online, Associated Press, Corporate Counsel Magazine, Bloomberg, Reuters, Employment Law 360 and BNA. He is a frequent speaker at national conferences sponsored by trade associations, professional groups and educational institutions, including the US Chamber of Commerce, numerous elite law schools and universities around the world, the Council on Labor Law Equality, Committee for a Democratic Workplace, Labor and Employment Research Association, Equal Employment Advisory Council, Human Resources Policy Association, Labor Relations Advisory Committee, National Retail Federation, Retail Leaders Industry Association, Energy and Mineral Law Foundation, American Arbitration Association and numerous bar associations. Mr. Meisburg has also been recognized by Legal500 USA.
Mr. Meisburg is admitted to practice in the United States Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth and District of Columbia Circuits, 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.
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.