Explainer Episode 81 - State AG Litigation Against Federal Agencies: A Kansas Perspective
State Attorneys General have been active in recent years in filing lawsuits against federal agencies. ...
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.
Abhishek Kambli, Erin Steinhilber
State Attorneys General have been active in recent years in filing lawsuits against federal agencies. ...
Svetlana Gans, Keith Klovers, Jennifer Milici, Maureen K. Ohlhausen, Matthew S. Rozen, James Weingarten
Axon and Jarkesy have renewed scrutiny of the constitutionality and fairness of FTC’s administrative litigation. For example, the...
Svetlana Gans, Keith Klovers, Jennifer Milici, Maureen K. Ohlhausen, Matthew S. Rozen, James Weingarten
Axon and Jarkesy have renewed scrutiny of the constitutionality and fairness of FTC’s administrative litigation. For example, the...
Randel K. Johnson, Andrew G. I. Kilberg
RTP's Fourth Branch Podcast
In this episode, Randel K. Johnson and Andrew Kilberg discuss the often ephemeral nature of...
Neil Chilson, Kevin Frazier, Satya Thallam, Adam Thierer
There have been significant changes in federal AI policy over the course of the first...
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
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.
Erin Gaide is an Assistant Attorney General in the Kansas Office of the Attorney General, where she is a member of the Special Litigation & Constitutional Issues Division. Before beginning with the Kansas Attorney General, Erin clerked for the Honorable Allison H. Eid of the U.S. Court of Appeals for the Tenth Circuit.
Erin earned her J.D., magna cum laude, from the College of Law William & Mary, where she was elected to the Order of the Coif. She earned her B.A., cum laude, in International Studies from the Ohio State University.
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.
Counsel, Latham & Watkins, LLP
Keith Klovers, former advisor to FTC commissioners Christine S. Wilson and Maureen K. Ohlhausen, represents companies in complex merger reviews, government conduct investigations, and civil antitrust litigation, as well as in complaints brought by US antitrust enforcers.
Keith represents companies in highly scrutinized industries, including healthcare, life sciences, and technology, before the US DOJ and FTC. He leverages an impressive track record of successfully obtaining merger clearances, including unconditional clearances without remedies for high-profile mergers, resolving conduct investigations, and defending clients in antitrust litigation and on appeal before the US government.
Complementing his extensive experience advising clients on day-to-day antitrust issues, he has provided specific guidance to clients related to the antitrust considerations of IP licensing, Robinson-Patman Act compliance, and dual distribution arrangements.
During his tenure at the FTC, Keith advised the commissioners on more than 100 merger reviews and conduct investigations, including litigation, settlements, and Part 3 opinions, and advised on several significant antitrust policy initiatives. Keith also clerked for judge Douglas H. Ginsburg on the US Court of Appeals for the District of Columbia Circuit.
A prolific writer on current and innovative antitrust trends, his numerous articles can be found in the Antitrust Law Journal, Michigan Law Review, George Mason Law Review, Journal of Antitrust Enforcement, Antitrust Magazine, Health Affairs, and the Journal of Economic and Development Studies, among others.
Partner, WilmerHale
Jennifer Milici is the former Chief Trial Counsel of the US Federal Trade Commission’s Bureau of Competition. Ms. Milici focuses her practice on representing clients in high-profile litigation and helping clients navigate the evolving antitrust regulatory environment. She is well-positioned to advise clients on antitrust regulatory reviews and investigations, to litigate challenges filed by US antitrust enforcers, and to represent clients in high stakes federal, state, or administrative litigation.
Ms. Milici has more than 15 years of civil litigation experience and has played a key role in numerous trials. She has extensive courtroom experience and has successfully developed and implemented strategies to win trials raising complex and cutting-edge issues.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Associate Attorney, Gibson, Dunn & Crutcher
Matthew Rozen is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department and Appellate and Constitutional Law practice.
Before joining the firm, Mr. Rozen served as a law clerk to the Honorable Richard A. Posner of the United States Court of Appeals for the Seventh Circuit. Mr. Rozen graduated with highest honors from the University of Chicago Law School, where he served as an Articles Editor on the University of Chicago Law Review. Mr. Rozen holds a master’s degree in Comparative Literature from the University of California, Irvine, and received his undergraduate degree in Literature from Harvard University, where he graduated magna cum laude.
Mr. Rozen is admitted to practice in Virginia and the District of Columbia. He is fluent in Spanish and proficient in French.
Partner, Milbank
Mr. Weingarten is a seasoned trial lawyer who has served as first chair trial counsel and lead counsel in federal courts and federal agency administrative proceedings. He has significant experience in antitrust matters, both conduct and merger related, including most recently serving as first chair trial counsel representing the Federal Trade Commission (FTC) in federal court and administrative proceedings challenging anticompetitive mergers and conduct. He also has experience litigating competition matters across industries, with a focus on the healthcare, pharmaceutical and technology sectors.
James is the Vice Chair of the American Bar Association’s Antitrust Section of Civil Practice and Procedure Committee.
Prior to joining Milbank, James served as Chief Trial Counsel at the Federal Trade Commission. He held various other positions at the FTC after joining the agency in 2017. In those roles, he investigated and litigated significant merger and non-merger matters on behalf of the government. He litigated with state attorneys general and coordinated with foreign regulators. These experiences equip him not only to litigate on behalf of clients, but also to advise them on government merger and business practice investigations.
Before joining the FTC, he spent eight years as a litigation associate at Williams & Connolly LLP.
James graduated from Harvard Law School, magna cum laude, in 2007, and from Yale College, magna cum laude, in 2001. After law school, he clerked with Judge Danny Boggs on the US Court of Appeals for the Sixth Circuit.
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.
Counsel, Latham & Watkins, LLP
Keith Klovers, former advisor to FTC commissioners Christine S. Wilson and Maureen K. Ohlhausen, represents companies in complex merger reviews, government conduct investigations, and civil antitrust litigation, as well as in complaints brought by US antitrust enforcers.
Keith represents companies in highly scrutinized industries, including healthcare, life sciences, and technology, before the US DOJ and FTC. He leverages an impressive track record of successfully obtaining merger clearances, including unconditional clearances without remedies for high-profile mergers, resolving conduct investigations, and defending clients in antitrust litigation and on appeal before the US government.
Complementing his extensive experience advising clients on day-to-day antitrust issues, he has provided specific guidance to clients related to the antitrust considerations of IP licensing, Robinson-Patman Act compliance, and dual distribution arrangements.
During his tenure at the FTC, Keith advised the commissioners on more than 100 merger reviews and conduct investigations, including litigation, settlements, and Part 3 opinions, and advised on several significant antitrust policy initiatives. Keith also clerked for judge Douglas H. Ginsburg on the US Court of Appeals for the District of Columbia Circuit.
A prolific writer on current and innovative antitrust trends, his numerous articles can be found in the Antitrust Law Journal, Michigan Law Review, George Mason Law Review, Journal of Antitrust Enforcement, Antitrust Magazine, Health Affairs, and the Journal of Economic and Development Studies, among others.
Partner, WilmerHale
Jennifer Milici is the former Chief Trial Counsel of the US Federal Trade Commission’s Bureau of Competition. Ms. Milici focuses her practice on representing clients in high-profile litigation and helping clients navigate the evolving antitrust regulatory environment. She is well-positioned to advise clients on antitrust regulatory reviews and investigations, to litigate challenges filed by US antitrust enforcers, and to represent clients in high stakes federal, state, or administrative litigation.
Ms. Milici has more than 15 years of civil litigation experience and has played a key role in numerous trials. She has extensive courtroom experience and has successfully developed and implemented strategies to win trials raising complex and cutting-edge issues.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Associate Attorney, Gibson, Dunn & Crutcher
Matthew Rozen is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department and Appellate and Constitutional Law practice.
Before joining the firm, Mr. Rozen served as a law clerk to the Honorable Richard A. Posner of the United States Court of Appeals for the Seventh Circuit. Mr. Rozen graduated with highest honors from the University of Chicago Law School, where he served as an Articles Editor on the University of Chicago Law Review. Mr. Rozen holds a master’s degree in Comparative Literature from the University of California, Irvine, and received his undergraduate degree in Literature from Harvard University, where he graduated magna cum laude.
Mr. Rozen is admitted to practice in Virginia and the District of Columbia. He is fluent in Spanish and proficient in French.
Partner, Milbank
Mr. Weingarten is a seasoned trial lawyer who has served as first chair trial counsel and lead counsel in federal courts and federal agency administrative proceedings. He has significant experience in antitrust matters, both conduct and merger related, including most recently serving as first chair trial counsel representing the Federal Trade Commission (FTC) in federal court and administrative proceedings challenging anticompetitive mergers and conduct. He also has experience litigating competition matters across industries, with a focus on the healthcare, pharmaceutical and technology sectors.
James is the Vice Chair of the American Bar Association’s Antitrust Section of Civil Practice and Procedure Committee.
Prior to joining Milbank, James served as Chief Trial Counsel at the Federal Trade Commission. He held various other positions at the FTC after joining the agency in 2017. In those roles, he investigated and litigated significant merger and non-merger matters on behalf of the government. He litigated with state attorneys general and coordinated with foreign regulators. These experiences equip him not only to litigate on behalf of clients, but also to advise them on government merger and business practice investigations.
Before joining the FTC, he spent eight years as a litigation associate at Williams & Connolly LLP.
James graduated from Harvard Law School, magna cum laude, in 2007, and from Yale College, magna cum laude, in 2001. After law school, he clerked with Judge Danny Boggs on the US Court of Appeals for the Sixth Circuit.
Immigration Law and Policy Fellow, Cornell Law School
Randel Johnson has worked on employment and immigration law and policy issues for over twenty-five years, bringing a broad perspective from working in the executive agencies, on Capitol Hill, and in the private sector. Deeply involved in past efforts on comprehensive immigration reform, including testifying in both the U.S. House of Representatives and the U.S. Senate, his experience includes working as the senior vice president at the U.S. Chamber of Commerce, labor counsel to the House Education and Labor Committee, and special assistant to the solicitor of labor at the U.S. Department of Labor. He was also a partner at the law firm of Seyfarth Shaw and most recently a judge on the Administrative Review Board at the Labor Department.
Partner, Gibson, Dunn & Crutcher
Andrew Kilberg is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office, where he practices in the firm’s litigation department. A member of the firm’s Labor and Employment, Administrative and Regulatory, and Appellate and Constitutional Law practice groups, Andrew has significant experience challenging onerous federal regulations, advising on regulatory proposals, and defending agency enforcement actions and investigations. He has represented clients in federal district and appellate courts and before the U.S. Supreme Court, as well as before various agencies, authoring dozens of briefs, comment letters, and other submissions. His matters have covered wage and hour, ERISA, occupational safety and health, anti-discrimination, whistleblower, and labor relations issues. In addition to his labor and employment expertise, Andrew in 2019 was named a “Rising Star” in Telecom by Law360.
Between 2019 and 2021, Andrew served as Counselor to Secretary Eugene Scalia at the United States Department of Labor. In that role, he advised the Secretary and Deputy Secretary on a wide range of matters and led teams on important regulatory and other projects for the Office of the Secretary, including matters concerning environmental, social, and governance investing, proxy voting, the U.S.-Mexico-Canada Agreement, independent contractor status, apprenticeships, religious accommodation, evidentiary standards and procedures for non-discrimination enforcement actions, and the coronavirus pandemic. He also was responsible for coordination with several other executive branch agencies.
In addition to his work in court, Andrew regularly authors comment letters submitted to federal agencies, including the Department of Labor, the Federal Trade Commission, and the Federal Communications Commission. He also has written position statements submitted to the National Labor Relations Board and the Equal Employment Opportunity Commission, provided extensive advice on federal and state vaccine-related rules and litigation, labor relations, anti-discrimination and anti-retaliation matters, and ERISA issues, and represented clients in agency investigations and audits.
Before joining Gibson Dunn, Andrew clerked for U.S. Supreme Court Justice Anthony M. Kennedy and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.
He received his law degree from the University of Virginia School of Law, where he was a member of the Order of the Coif and served as Articles Development Editor of the Virginia Law Review. He received an M. Phil. in Historical Studies from the University of Cambridge and was graduated magna cum laude with an A.B. in History from Princeton University.
Andrew is a member of the Virginia bar, and he is admitted to practice before the U.S. Supreme Court, U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh, and D.C. Circuits, the U.S. District Court for the District of Columbia, the Supreme Court of Virginia, and the District of Columbia Court of Appeals
Head of AI Policy, Abundance Institute
Neil Chilson is the Head of AI Policy at the Abundance Institute. Prior to this position, he served as a Senior Research Fellow at the Center for Growth and Opportunity. Chilson is a lawyer, computer scientist, and author of the book “Getting Out of Control: Emergent Leadership in a Complex World.”
Chilson was previously the senior research fellow for Technology and Innovation at Stand Together, where he guided efforts to understand and promote the legal and cultural paradigms that best enable people to discover, innovate, and improve all our lives.
Before Stand Together, Chilson was the Chief Technologist at the Federal Trade Commission, where he focused on the economics of privacy and blockchain-related issues. Previously, he was an attorney advisor to Acting FTC Chairman Maureen K. Ohlhausen. In both roles he advised Chairman Ohlhausen and worked with staff on nearly every major technology-related case, report, workshop, or other FTC proceeding since January 2014. Neil joined the FTC from telecom firm Wilkinson Barker Knauer. Neil is frequently quoted by the press and his work has appeared in numerous news outlets, including The Wall Street Journal, The Washington Post, USAToday, and Newsweek. Neil has a J.D. from The George Washington Law School, a M.S. in computer science from University of Illinois, Urbana-Champaign, and a B.S. in computer science from Harding University.
AI Innovation and Law Fellow, University of Texas School of Law
Kevin Frazier is an AI Innovation and Law Fellow with University of Texas School of Law.
Senior Vice President, Americans for Responsible Innovation
Satya Thallam is Senior Vice President for Government of Government Affairs at Americans for Responsible Innovation, focused on AI policy issues. He is also Non-Resident Senior Fellow at the Foundation for American Innovation. He is a policy expert and advisor, having served in senior roles in the congressional and executive branches and as an executive at a biotechnology startup, and is frequently invited to testify before Congress and appear in media.
Previously, he was a senior policy official at the White House Office of Management and Budget (OMB), with direct oversight, review, and negotiation of all federal regulatory policymaking across over a dozen cabinet agencies. In this role, he advised the Director of OMB and fellow senior White House colleagues on regulatory policies and process. His time in government began in the U.S. Senate, at the Committee on Homeland Security and Governmental Affairs, where for nearly five years he was the Senate’s point person on regulatory reform, as well as the committee’s expert on areas running the breadth of the committee’s jurisdiction.
Satya has also spent many years in the think tank sector, leading programs primarily related to financial services policy, at both university-based and independent organizations. In this capacity, he authored policy reports, congressional testimonies, op-eds, and presentations, and built new research programs. Satya’s policy career began at the Goldwater Institute, the premier state policy-focused think tank, beginning as an intern and rising to a director-level role leading the organization’s fiscal policy program.
Senior Fellow, R Street Institute
Prior to R Street, Adam spent 12 years as a senior fellow at the Mercatus Center at George Mason University. Before the Mercatus Center, he served as the president of the Progress and Freedom Foundation. Adam has also worked for the Adam Smith Institute, the Heritage Foundation and the Cato Institute.
Adam has published 10 books on a wide range of topics, including online child safety, internet governance, intellectual property, telecommunications policy, media regulation and federalism.
In 2008, Adam received the Family Online Safety Institute’s “Award for Outstanding Achievement.”