Deep Dive Episode 120 – FTC Rulemaking: Underutilized Tool or National Nanny Renewed?
A Regulatory Transparency Project Webinar
This expert panel examined recent calls for the Federal Trade Commission (FTC) to engage in...
The Regulatory Transparency Project was a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.
James C. Cooper, Svetlana Gans, William C. MacLeod, Noah Joshua Phillips, Joshua D. Wright, Nathan Kaczmarek
A Regulatory Transparency Project Webinar
This expert panel examined recent calls for the Federal Trade Commission (FTC) to engage in...
James C. Cooper, Svetlana Gans, William C. MacLeod, Noah Joshua Phillips, Joshua D. Wright, Nathan Kaczmarek
A Regulatory Transparency Project Webinar
This expert panel examined recent calls for the Federal Trade Commission (FTC) to engage in...
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....
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.
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.
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.
Partner, Kelly, Drye & Warren LLP
Bill MacLeod chairs the Antitrust and Competition practice group at Kelly, Drye & Warren LLP. The Immediate Past Chair of the Antitrust Section of the American Bar Association, Bill is a former bureau director at the U.S. Federal Trade Commission (FTC). He offers his clients decades of experience in competition law, trade regulation, advertising, privacy and security issues, from both an agency and business perspective. Bill represents some of the most prominent drivers of innovation and industry today, from new ventures to multi-national corporations.
Bill guides companies through investigations, approvals and the sophisticated challenges associated with mergers and acquisitions. He has obtained FTC and United States Department of Justice Antitrust Division clearance of numerous acquisitions and joint ventures in a range of industries, including medical devices, grocery products, defense contracting and steel manufacturing. Bill also has helped clients protect themselves from threat of consolidation.
Bill has been involved in the resolution of major initiatives with notable and high-profile results. He served as special counsel for a government investigation of one of the world’s largest and most complex manufacturing industry mergers. He obtained one of the largest judgments ever awarded in an advertising and antitrust case, and successfully defended a major marketer in the FTC’s first trial under the modern unfairness doctrine. Bill was involved in settling the FTC’s first preliminary injunction action in an ad-substantiation case. He has also handled large-scale investigations of privacy and data security practices, litigated a multi-district Sherman Act case over online pricing, and resolved a myriad of price discrimination claims.
In addition, Bill counsels and defends companies and trade associations on pricing, advertising, distribution, intellectual property licensing and competitor relations. In his work with trade associations and their members, he has resolutely fought onerous regulations and advocated sensible, viable policies on competition, biotechnology, health and privacy. In his work on privacy and security, Bill defended the practices of major household-name retailers, manufacturers and financial services companies. Bill also represents companies in advertising, antitrust and intellectual property disputes before the state and federal courts, the FTC and the National Advertising Division of the Council of Better Business Bureaus.
Over the last years, Bill was named the Washington, D.C. Advertising “Lawyer of the Year” by Best Lawyers®, and has been included in The Best Lawyers in America© (Woodword/White, Inc.), The Legal 500 U.S., and among Washington, D.C.’s Super Lawyers. Bill’s clients appreciate his demonstrated skill in translating legal esoterica into functional and useful business advice. Bill is highly valued for his perseverance and ability to produce tangible results and first-rate work product. Bill consistently delivers the requisite experience and intellect needed to assist his clients in achieving their goals. Clients and colleagues alike appreciate Bill’s encyclopedic knowledge of antitrust and consumer protection law.
Bill previously served as director of the FTC’s Bureau of Consumer Protection, which is the chief federal bureau prosecuting unfair and deceptive advertising. In this position, he served as the U.S. delegate to the Organization for Economic Cooperation and Development, where agency heads of Europe, Australia and Japan develop policies for financial regulations, product safety and international advertising. Bill also held such positions as advisor to the assistant attorney general of the U.S. Department of Justice’s Antitrust Division; director of the FTC’s Chicago regional office; and attorney advisor to the FTC chairman.
Partner, Cravath, Swaine & Moore LLP
Noah Joshua Phillips is Co-Chair of the Antitrust Practice and previously served as a Commissioner of the Federal Trade Commission. He advises clients on a range of antitrust issues, including mergers and acquisitions, business conduct and compliance, litigation and investigations, and data security and privacy.
On the FTC, Mr. Phillips played an integral role in precedent setting enforcement actions and regulatory efforts concerning antitrust, consumer protection and privacy. He decided dozens of merger and other antitrust enforcement matters across the economy, including in the consumer product, defense, energy, entertainment, healthcare, technology, pharmaceutical and retail industries. Mr. Phillips’ written antitrust opinions were consistently upheld by federal appellate courts.
As Commissioner, Mr. Phillips frequently testified before Congress and represented the FTC before international bodies, including the G7, the Competition Committee of the Organisation for Economic Co-operation and Development, and the International Conference of Data Protection and Privacy Commissioners. He speaks and writes frequently on a range of antitrust, consumer protection and privacy issues.
Prior to the FTC, Mr. Phillips served as Chief Counsel to U.S. Senator John Cornyn, of Texas, on the Senate Judiciary Committee. He advised Senator Cornyn on a variety of legal and policy issues, as well as judicial nominations.
Mr. Phillips received an A.B. magna cum laude from Dartmouth College in 2000 and a J.D. from Stanford Law School in 2005. He began his career at a New York-based investment bank. After law school, Mr. Phillips clerked for Hon. Edward C. Prado of the U.S. Court of Appeals for the Fifth Circuit and joined Cravath’s Litigation Department in 2006. He left the Firm in 2010, and he rejoined Cravath as a partner in December 2022.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Vice President, Networks, The Federalist Society for Law and Public Policy Studies
Nathan Kaczmarek is Vice President for Networks at the Federalist Society. He began his legal career in Detroit representing nationwide clients in all phases of healthcare litigation and complex medical malpractice claims. He has since served as a Senior Legal and Policy Advisor in the U.S. House of Representatives and as Counsel for the Subcommittee on Regulatory Affairs and Federal Management in the U.S. Senate. Prior to overseeing the Networks, he was Director of the Practice Groups, the Regulatory Transparency Project, and the Article I Initiative for the Federalist Society.
Nathan holds degrees from Hillsdale College and Thomas M. Cooley Law School. He is a Liaison Representative for The Administrative Conference of the United States. He also serves as Vice President of the Associates of St. John Bosco, a Virginia based non-profit dedicated to Catholic high school and college students.
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.
Partner, Kelly, Drye & Warren LLP
Bill MacLeod chairs the Antitrust and Competition practice group at Kelly, Drye & Warren LLP. The Immediate Past Chair of the Antitrust Section of the American Bar Association, Bill is a former bureau director at the U.S. Federal Trade Commission (FTC). He offers his clients decades of experience in competition law, trade regulation, advertising, privacy and security issues, from both an agency and business perspective. Bill represents some of the most prominent drivers of innovation and industry today, from new ventures to multi-national corporations.
Bill guides companies through investigations, approvals and the sophisticated challenges associated with mergers and acquisitions. He has obtained FTC and United States Department of Justice Antitrust Division clearance of numerous acquisitions and joint ventures in a range of industries, including medical devices, grocery products, defense contracting and steel manufacturing. Bill also has helped clients protect themselves from threat of consolidation.
Bill has been involved in the resolution of major initiatives with notable and high-profile results. He served as special counsel for a government investigation of one of the world’s largest and most complex manufacturing industry mergers. He obtained one of the largest judgments ever awarded in an advertising and antitrust case, and successfully defended a major marketer in the FTC’s first trial under the modern unfairness doctrine. Bill was involved in settling the FTC’s first preliminary injunction action in an ad-substantiation case. He has also handled large-scale investigations of privacy and data security practices, litigated a multi-district Sherman Act case over online pricing, and resolved a myriad of price discrimination claims.
In addition, Bill counsels and defends companies and trade associations on pricing, advertising, distribution, intellectual property licensing and competitor relations. In his work with trade associations and their members, he has resolutely fought onerous regulations and advocated sensible, viable policies on competition, biotechnology, health and privacy. In his work on privacy and security, Bill defended the practices of major household-name retailers, manufacturers and financial services companies. Bill also represents companies in advertising, antitrust and intellectual property disputes before the state and federal courts, the FTC and the National Advertising Division of the Council of Better Business Bureaus.
Over the last years, Bill was named the Washington, D.C. Advertising “Lawyer of the Year” by Best Lawyers®, and has been included in The Best Lawyers in America© (Woodword/White, Inc.), The Legal 500 U.S., and among Washington, D.C.’s Super Lawyers. Bill’s clients appreciate his demonstrated skill in translating legal esoterica into functional and useful business advice. Bill is highly valued for his perseverance and ability to produce tangible results and first-rate work product. Bill consistently delivers the requisite experience and intellect needed to assist his clients in achieving their goals. Clients and colleagues alike appreciate Bill’s encyclopedic knowledge of antitrust and consumer protection law.
Bill previously served as director of the FTC’s Bureau of Consumer Protection, which is the chief federal bureau prosecuting unfair and deceptive advertising. In this position, he served as the U.S. delegate to the Organization for Economic Cooperation and Development, where agency heads of Europe, Australia and Japan develop policies for financial regulations, product safety and international advertising. Bill also held such positions as advisor to the assistant attorney general of the U.S. Department of Justice’s Antitrust Division; director of the FTC’s Chicago regional office; and attorney advisor to the FTC chairman.
Partner, Cravath, Swaine & Moore LLP
Noah Joshua Phillips is Co-Chair of the Antitrust Practice and previously served as a Commissioner of the Federal Trade Commission. He advises clients on a range of antitrust issues, including mergers and acquisitions, business conduct and compliance, litigation and investigations, and data security and privacy.
On the FTC, Mr. Phillips played an integral role in precedent setting enforcement actions and regulatory efforts concerning antitrust, consumer protection and privacy. He decided dozens of merger and other antitrust enforcement matters across the economy, including in the consumer product, defense, energy, entertainment, healthcare, technology, pharmaceutical and retail industries. Mr. Phillips’ written antitrust opinions were consistently upheld by federal appellate courts.
As Commissioner, Mr. Phillips frequently testified before Congress and represented the FTC before international bodies, including the G7, the Competition Committee of the Organisation for Economic Co-operation and Development, and the International Conference of Data Protection and Privacy Commissioners. He speaks and writes frequently on a range of antitrust, consumer protection and privacy issues.
Prior to the FTC, Mr. Phillips served as Chief Counsel to U.S. Senator John Cornyn, of Texas, on the Senate Judiciary Committee. He advised Senator Cornyn on a variety of legal and policy issues, as well as judicial nominations.
Mr. Phillips received an A.B. magna cum laude from Dartmouth College in 2000 and a J.D. from Stanford Law School in 2005. He began his career at a New York-based investment bank. After law school, Mr. Phillips clerked for Hon. Edward C. Prado of the U.S. Court of Appeals for the Fifth Circuit and joined Cravath’s Litigation Department in 2006. He left the Firm in 2010, and he rejoined Cravath as a partner in December 2022.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Vice President, Networks, The Federalist Society for Law and Public Policy Studies
Nathan Kaczmarek is Vice President for Networks at the Federalist Society. He began his legal career in Detroit representing nationwide clients in all phases of healthcare litigation and complex medical malpractice claims. He has since served as a Senior Legal and Policy Advisor in the U.S. House of Representatives and as Counsel for the Subcommittee on Regulatory Affairs and Federal Management in the U.S. Senate. Prior to overseeing the Networks, he was Director of the Practice Groups, the Regulatory Transparency Project, and the Article I Initiative for the Federalist Society.
Nathan holds degrees from Hillsdale College and Thomas M. Cooley Law School. He is a Liaison Representative for The Administrative Conference of the United States. He also serves as Vice President of the Associates of St. John Bosco, a Virginia based non-profit dedicated to Catholic high school and college students.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The Civitas Institute, University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
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.