Microsoft v. Baker: The Xbox Class Certification Case
Short video featuring Ted Frank
Does a federal court of appeals have jurisdiction to review an order after the plaintiffs...
Litigation Practice Group
Short video featuring Ted Frank
Does a federal court of appeals have jurisdiction to review an order after the plaintiffs...
John Carney, Jason Alan Levine
Litigation Practice Group Podcast
During the 2008 financial crisis, Congress provided Fannie Mae and Freddie Mac with billions of...
Litigation Practice Group Podcast
According to the Competitive Enterprise Institute, over 97% of mergers and acquisitions result in "strike...
Stephen J. Obermeier, Brett Shumate
Litigation Practice Group Podcast
The American Bankers Association and Washington Federal, a bank holding company, have filed a suit...
Catherine M. Sharkey, William H. Pryor, Timothy Courtney
Rachel Augustine Potter writes for the Brookings Institution: Regulatory politics, not usually the stuff of...
Senior Advisor, Burke Law Group
Anne Idsal Austin is an environmental health and safety attorney. Founder of Austin Legal & Public Affairs. Anne served in the highest ranks of state and federal government, where she shaped environmental and energy policy at the highest levels of government. She provides strategic counseling and policy guidance in the complex arenas of environmental and natural resources law. She handles complex environmental and natural resources litigation. Her experience includes air, water and waste governmental enforcement actions; citizen suits under RCRA, CERCLA, the Clean Water Act and the Clean Air Act; climate change litigation; toxic tort lawsuits involving chemical exposures, dust exposures and industrial accidents and toxic tort claims;.
Anne served as the principal deputy assistant administrator for the U.S. Environmental Protection Agency’s Office of Air & Radiation (OAR). In this role, she had a significant impact on U.S. clean air policy and regulation. Additionally, she served as the EPA Regional Administrator for Region 6, responsible for the implementation of federal environmental statutes and programs across Texas, Louisiana, Oklahoma, Arkansas, and New Mexico. Before serving in the federal government, Anne was the Chief Clerk and Deputy Land Commissioner for the Texas General Land Office and served as the general counsel for the Texas Commission on Environmental Quality.
Prior to joining Burke Law Group and founding Austin Legal & Public Affairs, Anne was environmental partner with an AMLAW100 firm, where she represented regulated clients to position them for success before state and federal regulatory agencies.
General Counsel, Senior Litigation Counsel, New Civil Liberties Alliance
Zhonette brings a quarter-century of litigation experience to NCLA. After a federal clerkship, she spent many years litigating at large law firms in Washington, D.C., and Denver, Colorado, before beginning public interest litigation in 2018.
Zhonette has litigated in state, federal, and international venues and in matters ranging from pro bono custody issues to multi-district and class action cases for Fortune 100 companies. Zhonette spent the first part of her career focused on high-stakes complex commercial litigation and white-collar defense. Since changing her legal practice to taming the Administrative State, Zhonette has focused on the Administrative Procedure Act, natural resources, takings issues and other constitutional claims.
Zhonette is a graduate of Georgetown University Law Center and is admitted to practice in the District of Columbia, the State of Colorado, the Commonwealth of Virginia, and various federal courts.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Abhishek (Abhi) Kambli is a partner at Holtzman Vogel who represents clients in high-stakes appellate and complex litigation, constitutional challenges, and matters involving state attorneys general and federal agencies. He is one of a handful of lawyers nationally who has both led federal litigation from inside the Department of Justice and multi-state coalition work from a State Attorney General’s office—giving clients a 360-degree perspective on government enforcement, regulatory challenges, and constitutional advocacy.
Prior to joining Holtzman Vogel, Abhi served as Deputy Associate Attorney General at the United States Department of Justice, where he acted as lead counsel in high-priority matters for the Trump Administration, oversaw the Department’s civil components on behalf of the Associate Attorney General, advised the White House Counsel’s Office and federal agencies on litigation risk and strategy, and developed the Department’s national affirmative civil litigation strategy.
Earlier, he served as Deputy Attorney General and Division Chief of the Special Litigation and Constitutional Issues Division at the Kansas Attorney General’s Office, where he launched the division and led multi-state coalitions in trial and appellate courts nationwide, including the United States Supreme Court. He began his career as an Assistant United States Attorney in the Southern District of Indiana, prosecuting more than 100 federal cases from investigation through appeal.
Abhi is also a Lieutenant Colonel in the United States Air Force Judge Advocate General's Corps, having served on active duty and in the reserves since 2013. His military service includes criminal trials as both prosecutor and defense attorney, appellate representation before the Court of Appeals for the Armed Forces, and representation of a high-profile detainee before the Military Commissions at Guantánamo Bay.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Partner, Shook, Hardy & Bacon, LLP
Phil Goldberg is the office managing partner of Shook in Washington, D.C., and co-chair of the firm’s Public Policy Practice Group. He has more than 25 years of experience advising clients on high stakes and high profile liability-related public policy, public affairs and public relations issues. He counsels businesses and their trade associations on some of the most cutting-edge liability issues of the day.
As part of this work, Phil co-chairs the firm’s National Amicus Practice, which files more than three dozen amicus briefs every year. He has filed amicus briefs for many of the most influential trade and civil justice groups with courts at every level, from the U.S. Supreme Court to the U.S. Courts of Appeals and state appellate courts. He has testified before Congress and state legislatures, has authored leading legal scholarship and is a regular speaker at judicial education conferences. He also is a resource for journalists, podcasters and others who report on and discuss pressing liability issues.
President and Co-Founder, America First Legal Foundation
Gene Hamilton is the President of America First Legal, which he co-founded, and where he was previously the Executive Director, Executive Vice President, and General Counsel. He most recently served as Deputy White House Counsel to President Donald Trump. Earlier in his career, Gene served as Counselor to Attorney General at the U.S. Department of Justice and as Senior Counselor to the Secretary of Homeland Security. He also served as General Counsel on the Senate Judiciary Committee and held several roles at the Department of Homeland Security, including with U.S. Immigration Enforcement, U.S. Customs and Border Protection and the Office of the General Counsel. He holds a B.A. from the University of Georgia and a J.D. from Washington and Lee University School of Law.
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.
Counsel, Boyden Gray PLLC
Jim Wedeking is counsel at Boyden Gray PLLC. He has extensive experience with environmental regulations, providing compliance counseling for large industrial and agricultural companies and their related trade associations, drafting comments on proposed environmental rulemakings from a variety of federal agencies, and challenging those rules in court. For over 20 years he has helped companies obtain various permits and other authorizations for constructing major infrastructure projects, including fossil fuel-fired power plants, natural gas pipelines, and offshore wind turbines, as well as defend those permits and authorizations through litigation. Mr. Wedeking frequently writes on federal environmental law topics, including for the Washington Legal Foundation.
He has also counseled clients on several Freedom of Information Act matters, including the protection of confidential business information from disclosure to third parties and how the Supreme Court’s Food Marketing Institute v. Argus Leader Media decision increased protections for company information provided to regulatory agencies.
Before joining the firm, Mr. Wedeking was counsel in Sidley Austin’s Washington, D.C. environmental, health, and safety practice group. There, he represented industrial companies in defending against civil and criminal enforcement actions and toxic tort suits.
Mr. Wedeking received a J.D., cum laude, from the Catholic University of America Columbus School of Law and a B.A. in Criminology and Criminal Justice from the University of Maryland.
Partner, Latham & Watkins LLP
Gregory Garre is a partner in the Washington, D.C. office of Latham & Watkins and Global Chair of the firm's Supreme Court and Appellate Practice Group. He recently served as the 44th Solicitor General of the United States. As Solicitor General, he was the federal government's top lawyer before the Supreme Court and was responsible for overseeing the government's litigation in the federal appellate courts. Prior to his nomination by the President and unanimous confirmation as Solicitor General by the Senate, he served as Principal Deputy Solicitor General from 2005 to 2008, and then as Acting Solicitor General. In addition, he served as an Assistant to the Solicitor General from 2000 to 2004. He is the only person to have held all of those positions within the Office of the Solicitor General.
Mr. Garre has argued 29 cases before the Supreme Court, including two cases during the current term, and has served as counsel of record in hundreds of cases before the Court. During the past term, he won each of the cases he argued as Solicitor General, including the landmark case of Ashcroft v. Iqbal, which clarified the gateway requirements for civil litigation in the federal courts, as well as FCC v. Fox Television Stations, and Winter v. NRDC. He has also argued and briefed cases involving a wide array of other nationally important matters, including in the areas of administrative law, alien tort statute, antitrust, business and employment law, education, environmental law, First Amendment, intellectual property, international law, media and telecommunications, separation of powers and voting rights.
Mr. Garre has also successfully argued numerous cases before the federal courts of appeals, including some of the most significant cases heard by the appellate courts in recent years. And, as Acting Solicitor General, he successfully argued on behalf of the government in the first adversarial appeal heard by the Foreign Intelligence Surveillance Court of Review in its 30-year history.
Mr. Garre has received numerous awards for his public service, including the Attorney General's Medallion for his service as Solicitor General and the Navy's Distinguished Public Service Award-the Navy's highest civilian honor-for his successful argument in Winter v. NRDC, which secured a path-marking Supreme Court ruling overturning an order that restrained critically important naval exercises. He has also received the Attorney General's Distinguished Service Award, the Attorney General's Award for Excellence in Furthering Interests of US National Security, and additional honors from the Department of Justice for his work on nationally important litigation matters.
In November 2009, Mr. Garre was named to Washingtonian Magazine's list of top Supreme Court lawyers. In 2006, he was named to The American Lawyer's "Fab 50" list of top litigators under the age of 45 expected to be "leading the field for years to come." And in 2005, he was named to Chambers USA's list of leading appellate litigators in Washington, D.C.
Mr. Garre received his JD degree with high honors from the George Washington University Law School, where he served as editor-in-chief of the law review and was selected to Order of the Coif, and his BA degree cum laude from Dartmouth College, where he was a Rufus Choate Scholar. Following his graduation from law school, he served as a law clerk to Chief Justice William H. Rehnquist, and to Judge Anthony J. Scirica of the United States Court of Appeals for the Third Circuit.
Mr. Garre is a member of the advisory board of the Georgetown University Law School Supreme Court Institute and of the Edward Coke Appellate Inn of Court. He has taught constitutional law and Supreme Court practice for many years at the George Washington University Law School. He has testified before Congress and speaks frequently on issues related to the Supreme Court and appellate practice.
Litigation Associate, Weil, Gotshal & Manges LLP
Jill Jacobson is an Appeals and Strategic Counseling and Complex Commercial Litigation associate at Weil, Gotshal & Manges LLP. She is a former law clerk to Judge Aileen M. Cannon on the District Court for the Southern District of Florida and a future law clerk to Judge Elizabeth L. Branch on the Court of Appeals for the Eleventh Circuit.
Jill a fellow emeritus at the Independent Women's Law Center and a Senior Contributor at Young Voices. She has also been a Litigation Contractor at the Institute for Justice. She holds a J.D. from Boston College Law School and a Masters from Northeastern University.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
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.
Editor, Breitbart News
John Carney covers Wall Street and finance for CNBC.com, where he runs NetNet. John Carney was recently hired by Breitbart News, where he leads a new finance and economics section. Carney joined CNBC in 2010 after serving as managing editor of Business Insider's Wall Street and economics section. Prior to that he was Editor in Chief of DealBreaker.com.
He is a frequent guest on CNBC's "Power Lunch" and public radio's "Marketplace." His writing has appeared in The Wall Street Journal, The New York Times, The New York Sun, Page Six Magazine, the New York Post, Fortune, Gawker and New York magazine.
Mr. Carney received a law degree from the University of Pennsylvania and practiced corporate law at firms such as Skadden, Arps, Slate, Meagher & Flom and Latham & Watkins where he primarily represented banks, hedge funds and private equity firms.
Partner, Foley & Lardner LLP
A trial and courtroom lawyer for over 30 years, Jason A. Levine is an antitrust and commercial litigation partner in the Washington, D.C. office of Foley & Lardner LLP.
Mr. Levine has served as lead counsel for clients in high-stakes and often multi-faceted business disputes. His diverse practice focuses on antitrust, complex contractual, and business tort suits. Mr. Levine tried 14 cases to judges and juries across the country, briefed and argued dozens of dispositive motions and several precedent-setting appeals, and has had an active amicus practice before the U.S. Supreme Court for nationwide trade associations. He was also lead counsel to defendants in several of the nation’s largest antitrust class actions and MDLs. Mr. Levine has perennially been recognized as a prominent litigator by Best Lawyers, SuperLawyers, Benchmark Litigation, and Global Competition Review. He also spent nearly four years as an Investment Manager at Omni Bridgeway, a global commercial litigation finance company, where he launched and led the Washington, D.C. office and led the U.S. antitrust strategy.
Mr. Levine received his B.A. summa cum laude (Phi Beta Kappa) from Brandeis University in 1991 and his J.D. cum laude from Harvard Law School in 1994, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Before entering private practice, Mr. Levine was a law clerk for Judge Randall Rader on the U.S. Court of Appeals for the Federal Circuit, where he focused on the court’s Takings and administrative cases.
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, Wiley Rein LLP
Stephen J. Obermeier has a wide range of experience litigating complex disputes before federal and state courts and administrative agencies and in arbitration. He has represented clients in both individual and class action cases involving commercial and government contract disputes, the False Claims Act (FCA), procurement fraud, consumer fraud, business torts, and the Administrative Procedure Act (APA). Mr. Obermeier has authored dozens of appellate and dispositive motions briefs in courts across the country and has successfully argued multiple motions to dismiss, summary judgment motions, and appeals in federal and state court. He also has experience conducting internal investigations for corporate clients in response to government allegations of misconduct. Mr. Obermeier previously served as an Assistant U.S. Attorney in the civil section in the Eastern District of Virginia.
Assistant Attorney General, Civil Division, United States Department of Justice
Brett A. Shumate was sworn in as the Civil Division’s 36th Assistant Attorney General on June 11, 2025. He previously served in the Civil Division from 2017 to 2019 as the Deputy Assistant Attorney General for the Federal Programs Branch. Prior to rejoining the Department, Mr. Shumate was a partner at Jones Day in Washington, D.C.
Mr. Shumate clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit. He graduated from Wake Forest University School of Law and Furman University.
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Catherine Sharkey is the Segal Family Professor of Regulatory Law and Policy at NYU School of Law. She is a leading authority on torts, products liability, artificial intelligence in federal administrative agencies, public nuisance, punitive damages, and federal preemption of state tort law. She is a Senior Fellow of the Administrative Conference of the United States (ACUS), a member of its Roundtable on Artificial Intelligence in Federal Agencies, author of Algorithmic Tools in Retrospective Review (2023) and co-author of Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies (2020). Sharkey is co-author of Cases and Materials on Torts (13th edition, 2024) and Business, Defamation, and Privacy Torts (1st ed., forthcoming 2025), and co-editor of Foundations of Tort Law (2nd edition, 2009). She is an elected member of the American Law Institute and an adviser to the Restatement Third, Torts: Liability for Economic Harm and Restatement Third, Torts: Remedies projects.
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
Assistant Director, Practice Groups, The Federalist Society