Book Review: The Dubious Morality of Modern Administrative Law by Richard Epstein
Richard Epstein’s The Dubious Morality of Modern Administrative Law examines how the growth of the...
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.
Richard A. Epstein, Adam White
Richard Epstein’s The Dubious Morality of Modern Administrative Law examines how the growth of the...
Matthew J. Hank, Samantha Harris, Brett Sokolow, David Struwe
Philadelphia Lawyers Chapter - Online Event
The Philadelphia Lawyers Chapter of the Federalist Society held a virtual debate between Samantha K....
Matthew J. Hank, Samantha Harris, Brett Sokolow, David Struwe
Philadelphia Lawyers Chapter - Online Event
The Philadelphia Lawyers Chapter of the Federalist Society held a virtual debate between Samantha K....
James C. Cooper, Svetlana Gans, Andrew Stivers, Berin Szóka, John Villafranco
Regulatory Transparency Project Teleforum
How does the Federal Trade Commission (FTC) calculate consumer injury and civil penalties in consumer...
Regulatory Transparency Project's Fourth Branch Video
In 2019, California passed AB-5, a law that mandates that most workers should be considered...
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Clinical Professor of Law, Cornell Law School
William A. Jacobson is a Clinical Professor of Law and Director of the Securities Law Clinic.
He is a 1981 graduate of Hamilton College and a 1984 graduate of Harvard Law School. At Harvard he was Senior Editor of the Harvard International Law Journal and Director of Litigation for the Harvard Prison Legal Assistance Project.
Prior to joining the Cornell law faculty in 2007, Professor Jacobson had a highly successful civil litigation and arbitration practice in Providence, Rhode Island, concentrating in investment, employment, and business disputes in the securities industry, including many high profile cases reported in leading newspapers and magazines.
Professor Jacobson has argued cases in numerous federal and state courts, including the Courts of Appeal for the First, Fifth and Sixth Circuits, and the Rhode Island Supreme Court.
Professor Jacobson has a national reputation as a leading practitioner in securities arbitration. He was Treasurer, and is a former member of the Executive Committee and Board of Directors of the Public Investors Arbitration Bar Association, a professional organization of attorneys dedicated to protecting public investors. He frequently is quoted in national media on issues related to investment fraud and investor protection, and in the past has served as one of a small number of private practice attorneys who trained new arbitrators for the Financial Industry Regulatory Authority.
Professor Jacobson is co-author of the Securities Arbitration Desk Reference (Thomson-Reuters), updated annually.
Professor Jacobson also is the founder and publisher of Legal Insurrection, a popular politics and law website. He is frequently quoted in the media on political and legal topics, has authored many Op-Eds in major publications, and appears on television and radio to discuss politics and the law.
Vice President and Deputy Counsel, Wisconsin Institute for Law and Liberty
Professor of Law and J. Philip Johnson Faculty Fellow, University of North Dakota School of Law
Michael S. McGinniss is Professor of Law and J. Philip Johnson Faculty Fellow at the University of North Dakota School of Law, where he joined the faculty in 2010 and served as the Dean from 2019 to 2022. He chairs the executive committee for the Federalist Society's Practice Group on Professional Responsibility and Legal Education.
Before entering the legal academy, Professor McGinniss served for twelve years as a Disciplinary Counsel for the Supreme Court of Delaware. He currently teaches courses on Professional Responsibility, Advanced Legal Ethics, Civil Procedure, and Federal Courts. He also serves as Faculty Advisor for the North Dakota Law Review and the UND Law Federalist Society student chapter.
Professor McGinniss’ research and scholarship interests are wide-ranging and include lawyer and judicial ethics, lawyer discipline and regulation of the profession, constitutional law (especially First Amendment, separation of powers, and federalism), and cultural challenges faced by conservatives in the law schools and the legal profession. His most recent law review article, Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct, was published in the Federalist Society Review. His article Expressing Conscience with Candor: Saint Thomas More and First Freedoms in the Legal Profession, was published in the Harvard Journal of Law & Public Policy.
Professor McGinniss has spoken to Federalist Society lawyer and student chapters across the country about judicial independence and ethics, especially relating to the federal courts and the United States Supreme Court Justices. In addition, he has spoken to several chapters about rising challenges to ideological diversity and targeting of conservative viewpoints in law schools and the legal profession. Although he is very pleased to speak on these and many other topics that may be of interest to lawyer and student chapters, in 2026-2027, he has particular interest in speaking on the topic “Lawyer Discipline as Political ‘Resistance’: Separation of Powers, Federalism, and the Rule of Law,” concerning his work-in-progress on the weaponization of professional disciplinary processes against conservative lawyers for political and ideological purposes.
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.
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
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Laurence H. Silberman Chair in Constitutional Governance, American Enterprise Institute; Executive Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. He also directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
He writes on regulation and constitutional government for a variety of publications. He practiced law in Washington, D.C., after clerking for the D.C. Circuit's Judge David Sentelle. He also has been chairman of the ABA's Administrative Law Section.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court.
Shareholder, Littler Mendelson PC
Matthew J. Hank practices employment law, including issues arising under the common law and various statutes:
He particularly focuses on disputes concerning (1) wage and hour class actions (including cases involving independent contractor relationships, overtime claims, and payroll debit cards) and (2) noncompetition agreements and trade secrets.
Matthew served as a law clerk to the Hon. Daniel Manion of the U.S. Court of Appeals for the Seventh Circuit and the Hon. Paul V. Gadola of the U.S. District Court for the Eastern District of Michigan. Before attending law school, he served for four years on active duty in the United States Army as an Armor officer.
Attorney, Allen Harris Law
Samantha Harris is a nationally recognized attorney advising students and faculty on issues of campus due process, Title IX, free speech, and academic freedom. Drawing on more than 15 years at the Foundation for Individual Rights in Education (FIRE), where she served as Vice President for Policy Research, she guides students, faculty, administrators, and attorneys through complex disciplinary and constitutional issues involving free speech, fair hearings, and faculty-student rights.
A graduate of Princeton University and the University of Pennsylvania Law School (Articles Editor, Journal of Constitutional Law), Samantha clerked for the Hon. Jay C. Waldman in the U.S. District Court for the Eastern District of Pennsylvania and began her legal career at Pepper Hamilton LLP. At FIRE, she led efforts to reform campus policies and defended individuals in high-profile Title IX and free speech disputes.
Now at Allen Harris PLLC, a firm focused on Title IX and campus defense, Samantha represents students and professors in investigations, hearings, appeals, and related litigation. Samantha’s practice emphasizes strategic advocacy in campus disciplinary systems and litigation-ready defense in federal court. Her blend of policy experience, legal skill, and media visibility positions her as a leading resource for issues at the intersection of education law and constitutional rights.
Mr. Sokolow is the Chair of TNG (TNG, LLC), a national multidisciplinary risk management consulting and law firm with more than 3,000 education-sector clients, 35 executive and support employees, and a roster of 25 attorneys and consultants who are at the forefront of the field in their areas of expertise. He also serves as President of ATIXA, the Association of Title IX Administrators, the leading industry association for Title IX compliance, with over 3,600 active school and college members. Mr. Sokolow has been interviewed on CNN, and has been featured in Newsweek, TIME Magazine, The Wall Street Journal, ABC News, The Chronicle of Higher Education, USA Today, The Boston Globe, and many other media outlets. Mr. Sokolow is a graduate of the College of William and Mary and the Villanova School of Law.
Litigator, Schnader Harrison Segal & Lewis
Mr. Struwe is currently a litigator at Schnader Harrison Segal & Lewis. Previously, Mr. Struwe served as a Captain in the U.S. Army JAG Corps as a Special Victim Prosecutor, where he was responsible for prosecuting rape and sexual assault allegations. Mr. Struwe frequently writes on due process considerations in both military justice and Title IX proceedings.
Shareholder, Littler Mendelson PC
Matthew J. Hank practices employment law, including issues arising under the common law and various statutes:
He particularly focuses on disputes concerning (1) wage and hour class actions (including cases involving independent contractor relationships, overtime claims, and payroll debit cards) and (2) noncompetition agreements and trade secrets.
Matthew served as a law clerk to the Hon. Daniel Manion of the U.S. Court of Appeals for the Seventh Circuit and the Hon. Paul V. Gadola of the U.S. District Court for the Eastern District of Michigan. Before attending law school, he served for four years on active duty in the United States Army as an Armor officer.
Attorney, Allen Harris Law
Samantha Harris is a nationally recognized attorney advising students and faculty on issues of campus due process, Title IX, free speech, and academic freedom. Drawing on more than 15 years at the Foundation for Individual Rights in Education (FIRE), where she served as Vice President for Policy Research, she guides students, faculty, administrators, and attorneys through complex disciplinary and constitutional issues involving free speech, fair hearings, and faculty-student rights.
A graduate of Princeton University and the University of Pennsylvania Law School (Articles Editor, Journal of Constitutional Law), Samantha clerked for the Hon. Jay C. Waldman in the U.S. District Court for the Eastern District of Pennsylvania and began her legal career at Pepper Hamilton LLP. At FIRE, she led efforts to reform campus policies and defended individuals in high-profile Title IX and free speech disputes.
Now at Allen Harris PLLC, a firm focused on Title IX and campus defense, Samantha represents students and professors in investigations, hearings, appeals, and related litigation. Samantha’s practice emphasizes strategic advocacy in campus disciplinary systems and litigation-ready defense in federal court. Her blend of policy experience, legal skill, and media visibility positions her as a leading resource for issues at the intersection of education law and constitutional rights.
Mr. Sokolow is the Chair of TNG (TNG, LLC), a national multidisciplinary risk management consulting and law firm with more than 3,000 education-sector clients, 35 executive and support employees, and a roster of 25 attorneys and consultants who are at the forefront of the field in their areas of expertise. He also serves as President of ATIXA, the Association of Title IX Administrators, the leading industry association for Title IX compliance, with over 3,600 active school and college members. Mr. Sokolow has been interviewed on CNN, and has been featured in Newsweek, TIME Magazine, The Wall Street Journal, ABC News, The Chronicle of Higher Education, USA Today, The Boston Globe, and many other media outlets. Mr. Sokolow is a graduate of the College of William and Mary and the Villanova School of Law.
Litigator, Schnader Harrison Segal & Lewis
Mr. Struwe is currently a litigator at Schnader Harrison Segal & Lewis. Previously, Mr. Struwe served as a Captain in the U.S. Army JAG Corps as a Special Victim Prosecutor, where he was responsible for prosecuting rape and sexual assault allegations. Mr. Struwe frequently writes on due process considerations in both military justice and Title IX proceedings.
Associate Professor of Law and Director, Program on Economics & Privacy, Antonin Scalia Law School, George Mason University
Associate Professor of Law James C. Cooper brings over a decade of public and private sector experience to his research and teaching. He served as Deputy and Acting Director of the Federal Trade Commission’s Office of Policy Planning, Advisor to Federal Trade Commissioner William Kovacic, and an associate in the antitrust group of Crowell and Moring, LLP. His research on vertical restraints, price discrimination, behavioral economics and antitrust, and privacy policy have appeared in top journals and are widely cited.
Professor Cooper has a BA from the University of South Carolina, received his PhD in economics from Emory University, and his law degree (magna cum laude) from Antonin Scalia Law School, George Mason University, where he was a Levy Fellow and a member of the George Mason Law Review.
He teaches Economics for Lawyers, Advanced Seminar on Law & Economics, and Digital Information Policy Seminar.
Partner, Gibson, Dunn & Crutcher, LLP
Svetlana S. Gans is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, LLP where she helps clients navigate complex consumer protection, privacy, and competition related regulatory proceedings before the U.S. Federal Trade Commission (FTC), , U.S. Department of Justice Antitrust Division, State Attorneys General and other enforcement bodies. Ms. Gans also assists on litigation matters and provides strategic counseling and advice related to public policy issues.
Before joining Gibson Dunn, she served as the Vice President & Associate General Counsel at NCTA, the Internet & Television Association, where she helped lead the association’s consumer protection and competition policy work. Prior to joining NCTA, Ms. Gans served with distinction as Chief of Staff to Acting Chairman Maureen K. Ohlhausen at the FTC. As the agency chief of staff, Ms. Gans managed and oversaw agency operations, including bureau and office heads reporting to the Chairman, a seven-member office staff, and an agency budget of over $300 million. She also served as the Acting Chairman’s key advisor on consumer protection and competition investigations and litigation, working with a diverse team of attorneys and economists to preserve competition and protect U.S. consumers. She created, executed, and oversaw several strategic initiatives for the agency, including the agency process reform, regulatory reform, and data security transparency initiatives. Previously, Ms. Gans had the unique experience of serving in both litigating bureaus of the FTC: the Bureau of Competition and the Bureau of Consumer Protection.
Prior to her time in government, Ms. Gans worked as an antitrust associate at major law firms. Her practice focused on defending consumer product, financial services, and trade association clients in regulatory and private investigations alleging conspiracy and violations of antitrust and consumer protection laws.
Ms. Gans has been an active leader in the ABA Antitrust Law Section (“Section”) for two decades, and currently serves as the Section’s Marketing Officer. Ms. Gans helped create the Section’s Young Lawyer Representative Program, now in its 10th year, and the Section’s Law Ambassador Program, each aimed at developing and promoting the next generation of consumer protection and competition attorneys. Ms. Gans is also active in the Federal Communications Bar Association, currently serving as Co-Chair of the Diversity Pipeline Initiative and the Women’s Leadership Committee.
Ms. Gans received her law degree with high honors from the University of Denver College of Law. During law school, Ms. Gans served as a Judicial Intern to the Honorable John L. Kane, Jr. and as an Honors Program Paralegal for the United States Department of Justice Antitrust Division, Merger Taskforce. Ms. Gans earned her undergraduate degree cum laude from Boston University.
Associate Director, NERA Economic Consulting
Andrew Stivers specializes in the economics of consumer protection and privacy. He has developed and conducted analysis of novel and complex questions of consumer behavior and injury related to privacy, algorithmically driven practices, and cutting-edge promotion and advertising strategies.
Dr. Stivers has provided his economic expertise to companies in the top tiers of the video/audio streaming, retail platform, gig economy, gaming, and health data industries. He has also consulted with a broad range of established and growing businesses, including in the telecommunications, payments, investment, and food and supplement industries. Dr. Stivers helps clients achieve fair outcomes that are grounded in rigorous and accessible economic analysis.
Prior to joining NERA, Dr. Stivers was a senior official in the US Federal Trade Commission’s Bureau of Economics, where he oversaw economic analysis of all consumer protection and privacy matters. He advised the Bureau of Consumer Protection and Commissioners on hundreds of regulatory and law enforcement matters during his seven-year tenure leading this work at the Commission. Dr. Stivers was directly involved in developing economic analysis and standards for evaluating novel and consequential matters.
Prior to his leadership role at the FTC, Dr. Stivers served as the Director of the Division of Public Health Informatics and Analytics at the Food and Drug Administration’s Center for Food Safety and Applied Nutrition, overseeing the Center’s statistical, epidemiological, and consumer research groups. His regulatory work for the agency included providing economic and behavioral analysis to consumer nutrition labeling initiatives. As an academic, Dr. Stivers focused his research on the regulation of information and language in the marketplace.
Dr. Stivers has written and presented on complex and wide-ranging economic topics, published economic papers, and presented keynotes and panel discussions on a variety of informational, privacy, data security, and consumer behavior topics. These include invited presentations at academic and regulator-sponsored conferences and workshops, including by the FTC and the Bank of Canada.
President, TechFreedom
Berin Szoka serves as President of TechFreedom. Previously, he was a Senior Fellow and the Director of the Center for Internet Freedom at The Progress & Freedom Foundation. Before joining PFF, he was an Associate in the Communications Practice Group at Latham & Watkins LLP, where he advised clients on regulations affecting the Internet and telecommunications industries. Before joining Latham's Communications Practice Group, Szoka practiced at Lawler Metzger Milkman & Keeney, LLC, a boutique telecommunications law firm in Washington, and clerked for the Hon. H. Dale Cook, Senior U.S. District Judge for the Northern District of Oklahoma. Szoka received his Bachelor's degree in economics from Duke University and his juris doctor from the University of Virginia School of Law, where he served as Submissions Editor of the Virginia Journal of Law and Technology. He is admitted to practice law in the District of Columbia and California (inactive).
Partner, Kelly, Drye & Warren LLP
A member of the Executive Committee at Kelly, Drye & Warren LLP, John Villafranco provides litigation and counseling services, with a focus on advertising law matters and consumer protection. John is highly respected for consistently delivering comprehensive legal counsel that emphasizes risk analysis and sound business practices for corporations involved in advertising and marketing. On the regulatory side, clients tell the U.S. Legal 500 that John is “arguably the best advertising lawyer in the U.S.” and “consistently provides good advice and service.”
John’s litigation experience includes consumer class action defense in state and federal court, litigation with the Federal Trade Commission and State Attorneys General, and Lanham Act litigation involving telecommunications, fast food, dietary supplement and consumer product companies. Among John’s clients are technology service providers, wireless advertisers, cloud-based software companies, telecommunication companies, major retailers and direct marketers, as well as manufacturers of dietary supplements, degradable plastics, automobiles, tires, fuel and engine oils, home appliances and other consumer products.
In addition, John represents clients in advertising substantiation proceedings and investigations conducted by the FTC and State Attorneys General. Clients applaud John’s practical advice, telling Chambers that he “knows the FTC and the law better than anyone.” John also represents challengers and advertisers before the National Advertising Division (NAD) of the Council of Better Business Bureaus and the National Advertising Review Board (NARB). Moreover, he counsels clients regarding issues involving privacy, data security, electronic commerce, dietary supplement labeling, promotion and marketing, fair credit reporting, multi-level marketing, debt collection practices, truth-in-lending, health and safety claims, environmental marketing and standard certification.
John is considered an authority on a range of issues involving consumer protection law. He was Lead Editor on the Comments of the ABA’s Section of Antitrust Law on Competition and Consumer Protection in the 21st Century (2019) and is Chair of the Section’s Big Data Task Force (2019-20). He has also served as Editor-in-Chief of the ABA Consumer Protection Law Developments treatise; was Editorial Chair on a year-long project that culminated in a report entitled “Self-Regulation of Advertising in the United States: An Assessment of the National Advertising Division” (Apr. 2015); is an author and featured columnist on advertising law issues; and is a frequent speaker at ABA and FTC programs and other advertising law seminars.
Notably, John has conducted advertising law workshops for many corporations, including Sprint, DISH, AOL, 3M, Whirlpool, Burger King, BellSouth, R.J. Reynolds, XO Communications, Michelin, Bissell, Verizon, and Iovate Health Sciences, among others. In addition, he will chair the 2021 ABA Consumer Protection Conference, and previously chaired the 2019 ABA In-house Institute, 2011 and 2012 ABA Antitrust Section Spring Meeting, and the 2007 and 2009 ABA Conferences on Consumer Protection.
Alida graduated from Duke University with a degree in history and earned her J.D. from the Georgetown University Law Center.