The Future of Arbitration and the World of Class Action Litigation - Podcast
Litigation Practice Group Podcast
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Litigation Practice Group
Hiro Aragaki, Christopher Drahozal, Michael S. Greve, Peter B. Rutledge, Brian T. Fitzpatrick
Litigation Practice Group Podcast
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Theodore "Ted" Frank, Patrick Perotti, Margaret A. Little
Litigation Practice Group Podcast
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Engage Volume 12, Issue 3, November 2011
Note from the Editor: This paper provides an update on the litigation dealing with the...
Engage Volume 12, Issue 3, November 2011
Note from the Editor: In December 2010, the Federalist Society heard from a number of...
Engage Volume 12, Issue 3, November 2011
Note from the Editor: In December 2010, the Federalist Society heard from a number of...
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.
Managing Partner, Boyden Gray PLLC
Michael Buschbacher is the managing partner of Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Counsel, Sen. Schmitt and the Senate Judiciary Committee
Senior Counsel, Committee on Oversight and Government Reform, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Government Reform, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice.
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.
Associate Professor of Law, Loyola Law School Los Angeles
Hiro Aragaki joined the Loyola faculty in 2011. His scholarly interests cluster around the intersection of contract and procedure. He has written extensively on federal arbitration law and on interest-based dispute resolution in the public sphere. His work has appeared in theUniversity of Pennsylvania Law Review, the UCLA Law Review, and the Yale Law Journal Online, among others. His most recent work, Equal Opportunity for Arbitration, was selected for presentation in the Civil Litigation & Dispute Resolution category at the Stanford/Yale Junior Faculty Forum. In 2011, he traveled to Dhaka, Bangladesh, to train judges and lawyers in mediation and to provide advice on the design of an effective court-connected ADR program.
Before coming to Loyola, Professor Aragaki was an Assistant Professor of Law & Ethics at Fordham University Graduate School of Business Administration in New York, where he taught courses on business law. Prior to that, he practiced law with international law firms, served as an arbitrator and mediator, and clerked for the Hon. Fern M. Smith, U.S. District Court (N.D. Cal.).
Professor Aragaki graduated with distinction from Stanford Law School, where he was an associate editor of the Stanford Law Review. He received a B.A. in Philosophy from Yale College and an M.Phil. in Social and Political Theory from Cambridge University, where he held a Benefactor’s Scholarship at St. John’s College.
John M. Rounds Professor of Law and Associate Dean, University of Kansas School of Law
Chris Drahozal is an internationally known scholar whose writing focuses on the law and economics of dispute resolution, particularly arbitration. He is the author of multiple books and numerous articles on commercial arbitration, and has taught and given presentations on the subject in Europe, Canada and the United States. He is serving as an Associate Reporter for the ALI's Restatement (Third) of the U.S. Law of International Commercial Arbitration. Drahozal also is a well-respected teacher and received the Immel Award for Teaching Excellence in 2004. Prior to coming to KU, Professor Drahozal practiced law with Sidley & Austin in Washington, D.C., and served as a law clerk for Chief Judge Charles Clark of the United States Court of Appeals for the Fifth Circuit, Justice Byron R. White of the United States Supreme Court, and Judge George H. Aldrich of the Iran-United States Claims Tribunal in The Hague, The Netherlands.
Professor of Law, Antonin Scalia Law School, George Mason University
Professor of Law Michael S. Greve joined the faculty of the Antonin Scalia Law School, George Mason University in fall 2012 after having served as John G. Searle Scholar at the American Enterprise Institute (AEI), where he specialized in constitutional law, courts, and business regulation and served as chairman of the Competitive Enterprise Institute. Prior to joining AEI, Greve was founder and co-director of the Center for Individual Rights, a public interest law firm specializing in constitutional litigation.
Greve has served previously as an adjunct professor at a number of universities, including Cornell and Johns Hopkins Universities, and has been a visiting professor at Boston College since 2004. He was awarded a PhD and an MA in government by Cornell University. Greve also earned a Diploma from the University of Hamburg in Germany.
A prolific writer, Greve is the author of nine books and a multitude of articles appearing in scholarly publications, as well as numerous editorials, short articles, and book reviews. He is a frequent speaker for professional and scholarly organizations and has made many appearances on radio and television.
In addition Greve has provided congressional and state legislative testimony, has lobbied and consulted in federal agency proceedings, and has provided litigation services and management in over 30 cases, including matters before the U.S. Supreme Court.
Professor of Law, University of Georgia School of Law
Peter B. "Bo" Rutledge is a full professor whose teaching and research interests include international dispute resolution, arbitration, international business transactions and the Supreme Court.
He is the author of the forthcoming book Arbitration and the Constitution and co-author with Gary Born of the book International Civil Litigation in the United States. His works have been published by Yale University Press, Oxford University Press and Cambridge University Press, and his articles have appeared in a diverse array of journals such as the University of Chicago Law Review, the Vanderbilt Law Review and the Journal of International Arbitration. He also regularly advises parties on matters of international dispute resolution (litigation and arbitration).
In 2008, the Supreme Court appointed Rutledge to brief and argue the case of Irizarry v. United States as amicus curiae in defense of the judgment below. He subsequently won the case, joining the ranks of a select few advocates who have successfully defended a judgment below when the government refused to do so. A former law clerk at the U.S. Supreme Court for Justice Clarence Thomas and the U.S. Court of Appeals for the 4th Circuit for Chief Judge J. Harvie Wilkinson III, Rutledge regularly files briefs and advises lawyers in matters before the Supreme Court and lower courts.
Given his interest in international dispute resolution, Rutledge has taught and spoken at numerous foreign universities. In 2010-11, he was a Fulbright Professor at the Institut für Zivilverfahrensrecht at the University of Vienna Law School. Foreign universities where Rutledge has been invited to speak include Oxford University, Cambridge University, the University of Mainz, Jagellonian University, Stockholm University and the University of Oslo.
An accomplished teacher, he has received teaching awards in the majority of his years in the legal academy, including most recently the 2009 John C. O'Byrne Award for Furthering Faculty-Student Relations.
In addition to his academic and legal work, Rutledge remains active in professional circles. He regularly advises parties on matters of international dispute resolution and has served as an expert in both litigation and arbitration. He is a listed arbitrator with the London Court of International Arbitration and the Vienna International Arbitral Center. He has testified on several occasions before Congress on pending arbitration legislation, has regularly spoken to broadcast and print media, and has given speeches to a range of professional audiences on matters such as international dispute resolution, arbitration and the Supreme Court. He currently serves as part of the American Arbitration Association's delegation to the UNCITRAL Working Group on Arbitration and is a member of the Academic Council of the Institute for Transnational Arbitration.
Before entering the teaching academy, Rutledge practiced at Wilmer Cutler & Pickering (now Wilmer Cutler Pickering Hale and Dorr), where his practice included international dispute resolution and Supreme Court matters, and at Freshfields Bruckhaus Deringer, where his practice concentrated on international arbitration.
He holds a B.A. magna cum laude from Harvard University, an M.Litt. in Applied Ethics from the University of Aberdeen (Scotland) and a J.D. with high honors from the University of Chicago, where he served as executive editor of The University of Chicago Law Review and was inducted into the Order of the Coif.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
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, Dworken & Bernstein Co., L.P.A.
Patrick J. Perotti graduated from Cleveland State University with a B.A. in 1977. He was awarded his law degree, cum laude, from Cleveland Marshall College of Law in 1982.
He specializes in commercial litigation, civil rights and employment discrimination litigation, consumer benefit, and class action practice. He has frequently appeared before the Supreme Court of Ohio, and as counsel in litigation in state and federal courts throughout the country.
Mr. Perotti is a certified employment law specialist. Less than one percent of attorneys in Ohio hold this certification. He has successfully represented employment plaintiffs in the following lead cases in the Supreme Court: Mauzy v. Kelly Services (1996) 75 Ohio St.3d 578 which allows circumstantial evidence to be used as direct proof of employment discrimination; Kulch v. Structural Fibers (1997), 78 Ohio St.3d 134 which established a Greeley claim in Ohio for whistleblowing; and in Federal Court,Stanley v .The Lawson Company, 993 F.S. 1084 (N.D. Ohio 1997) which analyzes sex and religion discrimination standards under Title VII.
Mr. Perotti handles wage and hour collective actions in Ohio and across the United States. These suits challenge the failure of employers to pay overtime and other wages required by state and federal laws.
Mr. Perotti's other area of primary concentration is class actions, handling class litigation throughout Ohio and nationally. Some of his lead cases include: Rosette v. Countrywide Home Loans, Inc.(2005), 105 Ohio St.3d 296; Santos v. Ohio Bur. of Workers' Comp. (2004), 101 Ohio St.3d 1492; Martin v. Grange Mut. Ins. Co. (2001), 143 Ohio App.3d 332; Waeschle v. Oakland County Med. Exam'r, 2008 U.S. Dist. LEXIS 87399 (E.D. Mich. Oct. 29, 2008). As class counsel in numerous suits, Mr. Perotti was described by the court as having provided "exceptional representation for the class members. Taking into consideration the complexity of the legal issues at hand and the result achieved by class counsel, it is clear to the court that the legal representation in this case was superb."
In 2010, Mr. Perotti was named to the exclusive ranks of the top 75 plaintiff trial lawyers in the United States. The group, called 'Trial Lawyer Kingpins,' was chosen in a survey of defense attorneys throughout the country to identify 'the best plaintiff trial attorneys in terms of experience and influence.'
The successes of class litigation handled by Mr. Perotti won him national Public Justice 2007 Trial Lawyer of the Year finalist, with settlements totaling over $120 million
Mr. Perotti's class action practice has focused extensively on doing justice not only for class members, but also for the broader community. Through the innovative use of an obscure legal doctrine known as cy pres, Mr. Perotti has directed over $18 million in unclaimed class settlement monies to charities and nonprofits. His distribution in July 2008 of nearly $14 million from a single case was the largest cy pres of its kind in U.S. history. Monies directed from Mr. Perotti's cases helped charities dealing with hunger, housing, clothing and shelter, drug and alcohol addiction, disease prevention, adoption assistance, special needs education, handicap assistance, and a variety of others. The recipients have included Muscular Dystrophy Association, Habitat for Humanity, Cystic Fibrosis Foundation, MADD, Big Brothers Big Sisters, Legal Aid Society, Leukemia Society, Boys and Girls Clubs, and dozens of others.
Mr. Perotti is a frequent lecturer at state and national conferences on employment law and is often quoted by the media on those subjects. He has been interviewed on employment law and class action matters by countless newspapers, and local and national radio and television shows, such as The New York Times, The American Lawyers, Fox & Friends New York City, ABC, CBS, NBC, CNN, and others. His many television appearances, both local and national, focus on protection of the individual and protection of persons considered most vulnerable in society.
Mr. Perotti is a member of the National Employment Lawyers Association, the Ohio Employment Lawyers Association, the Ohio Bar Association (member of the Federal Courts and Practice Committee), the Federal Bar Association, the Cleveland Metropolitan Bar Association., and the Lake County Bar Association.
He was a member of the Governor's Ohio Adoption Task Force from 1990 to 1992 and was appointed chairman of the Governor's Ohio Adoption Commission in 1992. Mr. Perotti is the staff counsel of the Ohio Right to Life Society.
He is the author of a comprehensive treatise on the ADA, the FMLA, and the interaction between those laws and workers' compensation programs. He received the American Bar Association Section of Labor and Employment Law Award for significant contributions to the advancement of law on the Family and Medical Leave Act (2006).
Mr. Perotti is licensed to practice in the following courts: Federal District Court, Northern District of Ohio, U.S. Court of Appeals for the Sixth Circuit, U.S. Tax Court, U.S. Claims Court, U.S. Court of Appeals for the Federal Circuit, U.S. Court of International Trade, U.S. Supreme Court, the U.S. Court of Appeals for The Armed Forces.; U.S. District Court of Idaho (pro hac vice); U.S. District Court of Pennsylvania (western division) (pro hac vice); U.S. District Court of West Virginia (southern division) (pro hac vice); U.S. District Court of South Carolina (Aiken division) (pro hac vice); U.S. District Court of Michigan (Eastern District) (pro hac vice); District Court of Minnesota (4th District) (pro hac vice); and Circuit Court of Cook County, Illinois (pro hac vice).
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
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
John Henry Wigmore Professor of Law, Northwestern University School of Law
Professor Allen is the John Henry Wigmore Professor of Law at Northwestern University, in Chicago, IL. He did his undergraduate work in mathematics at Marshall University and studied law at the University of Michigan. He is an internationally recognized expert in the fields of evidence, procedure, and constitutional law. He has published five books and approximately eighty articles in major law reviews. The New York Times referred to him as one of nation's leading experts on evidence and procedure. He has been quoted in national news outlets hundreds of times, and appears regularly on national broadcast media on matters ranging from complex litigation to constitutional law to criminal justice.
Professor Allen began his career at the State University of New York, and has held professorships at the University of Iowa and Duke University prior to coming to Northwestern. He has lectured on his research at distinguished universities across the world, among them Columbia University, Cornell University, University of Chicago, University of Virginia, University of Pennsylvania, University of Michigan, Duke University, Oxford University, University of London, Leiden University, the Royal Netherlands Academy of Arts and Sciences, University of Edinburgh, University of British Columbia, the University of Paris (Sorbonne), Parma University, Turin University, Pavia University, University of Adelaide, Australia, and Victoria University of Wellington, New Zealand, and UNAM, Mexico City. In 1991, he was the University Distinguished Visiting Scholar, at the University of Adelaide, South Australia. One of his books has been translated into Chinese by the Ministry of Education of the People's Republic of China, and he has been invited to China for a series of lectures in the summer of 2004 and the spring of 2005. He has also been invited to lecture by the governments of Mexico and Trinidad/Tobago. For the last ten years, his research has focused on the nature of juridical proof. He has been involved as a consultant on numerous cases involving complex litigation in the United States and abroad.
He is a member of the American Law Institute, has chaired the Evidence Section of the Association of American Law Schools, and was Vice-chair of the Rules of Procedure and Evidence Committee of the American Bar Association's Criminal Justice Section. He has served as a Commissioner of the Illinois Supreme Court, assigned to the Attorney Registration and Disciplinary Commission. He is presently on the Boards of the Constitutional Rights Foundation-Chicago, and the Yeager Society of Scholars of Marshall University. He is, or has served, on various boards and committees of civic and cultural institutions in Chicago.
Partner, Earth and Water Law; retired Yale Law School professor (1981-2025), Yangtze River Distinguished Professor, Guangzhou Law School, ChinaDistinguished Adjunct Professor at Antonin Scalia Law School
E. Donald Elliott is a Florence Rogatz Visiting Professor of Law at Yale Law School and a leading academic scholar, as well as practitioner, in the fields of administrative and environmental law. He is “one of the most well-known, well-regarded environmental law professors in the nation,” according to John Cruden, former President of the Environmental Law Institute and Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice during the Obama administration. Elliott has been on the Yale Law faculty since 1981 and currently teaches courses in environmental law, energy law, administrative law and civil procedure. He is also senior of counsel in the Washington D.C. office of Covington & Burling LLP, and co-chair of the firm's Environmental Practice Group. From 2003 until he joined Covington in 2013, he was a partner in Willkie Farr & Gallagher LLP, chairing the firm’s worldwide Environment, Health and Safety Department.
From 1989 to 1991, Elliott served as Assistant Administrator and General Counsel of the U.S. Environmental Protection Agency (EPA). In 1993, he was named to the first endowed chair in environmental law and policy at any major American law school, the Julien and Virginia Cornell Chair in Environmental Law and Litigation at Yale Law School. From 2003-2009, he was a member of the National Academy of Sciences Board on Environmental Studies and Toxicology, which advises the federal government on environmental issues. Elliott also testifies frequently in Congress on environmental issues.
He has served as a consultant on improving the relationship of law and science to the Federal Courts Study Committee, which was chartered by Congress to make recommendations for improving the federal courts, and to the Carnegie Commission for Law, Science and Government. He co-chaired the National Environmental Policy Institute’s Committee on Improving Science at EPA.
Elliott is a Senior Fellow of the Administrative Conference of the United States (ACUS) and an elected member of the American College of Environmental Lawyers and the American Law Institute. He serves on the Board of the Connecticut Fund for the Environment and as chair of its legal committee, as well on the Advisory Board for NYU’s Institute for Policy Integrity. He is a former member of the boards of the Environmental Law Institute, and the Center for Clean Air Policy. He is the author or coauthor of seven books and has published more than 70 articles in professional journals. He was named one of the top 25 environmental attorneys in the United States by the National Law Journal and is highly ranked in Chambers USA: Leading Lawyers for Business; Best Lawyers in America; D.C. Super Lawyers; Who’s Who in American Law; and Who’s Who in the World.
He earned both his B.A., summa cum laude and Phi Beta Kappa, and his J.D. from Yale. Following graduation, he was a law clerk for Gerhard Gesell in the U.S. District Court for the District of Columbia, and for Chief Judge David Bazelon of the U.S. Court of Appeals for the District of Columbia Circuit.