Explainer Episode 49 - Utility Rate Modeling
Regulatory Transparency Project's Fourth Branch Podcast
Energy consumers continue to see rising rates, but how do regulators decide the rate that consumers...
The Regulatory Transparency Project is a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.
Regulatory Transparency Project's Fourth Branch Podcast
Energy consumers continue to see rising rates, but how do regulators decide the rate that consumers...
Regulatory Transparency Project's Fourth Branch Podcast
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. This omnibus law...
Svetlana Gans, Paul Metrey, Paul J. Ray, Andrew Stivers, Jonathan Wolfson
Although primarily an enforcement agency, the Federal Trade Commission (FTC) has issued a historic number...
Bryan Schneider, Todd J. Zywicki, Brian C. Johnson
Regulatory Transparency Project's Fourth Branch Podcast
Under the Biden Administration, Consumer Financial Protection Bureau Director Rohit Chopra has dramatically increased the...
Bryan Schneider, Todd J. Zywicki, Brian C. Johnson
A Regulatory Transparency Project Webinar
Under the Biden Administration, Consumer Financial Protection Bureau Director Rohit Chopra has dramatically increased the...
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
Professor of Law, University of Minnesota Law School
Professor James W. Coleman is a scholar of energy law. He specializes in North American energy infrastructure, transport, and trade. He is also a nonresident senior fellow at the American Enterprise Institute focused on energy policy.
Professor Coleman has testified before Congress on steps to speed up energy infrastructure permits. He also worked with a team of experts as part of Alberta's Royalty Review to revise the Canadian province's management of its vast oil and gas resources.
Before joining Minnesota, Professor Coleman taught at Southern Methodist University's Dedman School of Law, the University of Calgary’s law and business schools, and Harvard Law School. Earlier, he practiced environmental and appellate law at Sidley Austin in Washington, D.C., and clerked for the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Professor Coleman received two degrees from Harvard University—a J.D. (cum laude) and B.A. in biology (magna cum laude with highest honors in the field). As a result of his undergraduate thesis on butterfly genetics, which required fieldwork in Central Asia, a species of lycaenid butterfly was named after him—Agrodiaetus ripartii colemani.
Independent Consultant
Mark E. Ellis is a former utility executive now working as an independent consultant and testifying expert in finance and economics in utility regulatory proceedings. Before establishing his own consultancy, Mark led the strategy function at Sempra Energy (parent of San Diego Gas &Electric and Southern California Gas) for fifteen years. Previously, he worked as a consultant in McKinsey’s energy practice, in international project development for ExxonMobil, and in industrial demand-side management for Southern California Edison. He has an MS from MIT’s Technology and Policy Program, where he focused on utility policy and conducted research in the MIT Energy Lab, and a BS in mechanical engineering from Harvard.
Senior Fellow, Competitive Enterprise Institute
Joel M. Zinberg, M.D., J.D. is a senior fellow with the Competitive Enterprise Institute. He is a native New Yorker who recently completed two years as General Counsel and Senior Economist at the Council of Economic Advisers in the Executive Office of the President. He practiced general and oncologic surgery in New York for nearly 30 years at the Mount Sinai Hospital and Icahn School of Medicine where he is an Associate Clinical Professor of Surgery. He has been involved with health policy issues and the interaction between law and medicine for his entire career. Dr. Zinberg taught for 10 years at the Columbia University Law School as a Lecturer in Law where he created a course on the legal, policy and ethical issues surrounding organ transplantation. He served for many years on the New York State Board of Professional Medical Conduct and on Mount Sinai's Ethics Committee and Institutional Review Board. He is past President and Trustee of the New York County Medical Society. Between 2015 and 2017 he was a Visiting Scholar at the American Enterprise Institute.
Dr. Zinberg has written for publications as varied as the Journal of the American Medical Association, the Bulletin of the American College of Surgeons, the Wall Street Journal, City Journal and law reviews. He is the author of book chapters on legal and policy issues in organ transplantation.
He received his J.D. degree from the Yale Law School, his M.D. from the Columbia University College of Physicians and Surgeons and his B.A. in economics with High Honors, Phi Beta Kappa, from Swarthmore College.
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.
Senior Vice President, Regulatory Affairs, National Automotive Dealers Association
Paul D. Metrey is the Senior Vice President, Regulatory Affairs for the National Automobile Dealers Association. In this capacity, he directs a team of attorneys who represent dealer interests before, and educate dealers on regulations promulgated by, federal executive branch agencies that oversee dealer operations.
Mr. Metrey is the author and editor of numerous NADA publications, including the NADA/NAMAD/AIADA Model Dealership Voluntary Protection Products Policy and the NADA/NAMAD/AIADA Fair Credit Compliance Policy & Program. He frequently speaks to dealers, Automotive Trade Association Executives, dealership compliance professionals, and other industry groups on an array of regulatory topics. Mr. Metrey is active in several professional organizations and serves on the Governing Committee of the Conference on Consumer Finance Law.
Mr. Metrey joined NADA in 2001 as its Director, Regulatory Affairs. He previously served as an attorney with the Federal Emergency Management Agency and as an active-duty Army JAG officer, with assignments in Germany, The Netherlands, and Fort Meade, Maryland. He also served in a reserve capacity as the Chief, International Law Branch of the National Guard Bureau’s Legal Support Office. Mr. Metrey obtained a Juris Doctorate degree from Catholic University’s Columbus School of Law and a Bachelor of Arts degree from Virginia Tech.
Of Counsel, Covington & Burling LLP
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
Associate Director, NERA Economic Consulting
Andrew Stivers specializes in the economics of consumer protection and privacy. He has developed and conducted analysis of novel and complex questions of consumer behavior and injury related to privacy, algorithmically driven practices, and cutting-edge promotion and advertising strategies.
Dr. Stivers has provided his economic expertise to companies in the top tiers of the video/audio streaming, retail platform, gig economy, gaming, and health data industries. He has also consulted with a broad range of established and growing businesses, including in the telecommunications, payments, investment, and food and supplement industries. Dr. Stivers helps clients achieve fair outcomes that are grounded in rigorous and accessible economic analysis.
Prior to joining NERA, Dr. Stivers was a senior official in the US Federal Trade Commission’s Bureau of Economics, where he oversaw economic analysis of all consumer protection and privacy matters. He advised the Bureau of Consumer Protection and Commissioners on hundreds of regulatory and law enforcement matters during his seven-year tenure leading this work at the Commission. Dr. Stivers was directly involved in developing economic analysis and standards for evaluating novel and consequential matters.
Prior to his leadership role at the FTC, Dr. Stivers served as the Director of the Division of Public Health Informatics and Analytics at the Food and Drug Administration’s Center for Food Safety and Applied Nutrition, overseeing the Center’s statistical, epidemiological, and consumer research groups. His regulatory work for the agency included providing economic and behavioral analysis to consumer nutrition labeling initiatives. As an academic, Dr. Stivers focused his research on the regulation of information and language in the marketplace.
Dr. Stivers has written and presented on complex and wide-ranging economic topics, published economic papers, and presented keynotes and panel discussions on a variety of informational, privacy, data security, and consumer behavior topics. These include invited presentations at academic and regulator-sponsored conferences and workshops, including by the FTC and the Bank of Canada.
Chief Legal Officer and Policy Director, Cicero Institute
Jonathan Wolfson is the Chief Legal Officer and Policy Director at the Cicero Institute. Before joining Cicero, he led the Policy Office at the U.S. Department of Labor where he managed DOL's deregulatory efforts and oversaw DOL's internal policy development think tank. He previously was a litigator and regulatory attorney at an international law firm representing clients before state and federal courts across the country. Following law school he served as a law clerk to The Honorable Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit. Before law school, Jonathan was a policy analyst at the White House Council of Economic Advisers.
Jonathan received an A.B. in Economics from Washington University in St. Louis and a J.D. from the University of Virginia School of Law, where he was an Olin Law and Economic Fellow and won the John M. Olin Prize for best original law and economics research.
Partner, Manatt, Phelps & Phillips, LLP
Bryan Schneider is partner in Manatt’s Chicago office and a member of the firm’s industry-leading consumer financial services practice, where he focuses on advising clients through the gamut of consumer financial services regulatory and enforcement matters, particularly as it relates to supervision, enforcement and fair lending.
Prior to joining the firm, Bryan served as Associate Director for the Division of Supervision, Enforcement and Fair Lending at the Consumer Financial Protection Bureau (CFPB). In this role, he was tasked with overseeing issues related to student loan origination and servicing, mortgage origination/services, auto finance, credit card account management, debt collection, and payday and other small dollar lending. He was also a member of key interagency governing organizations including the Task Force of Supervision of the Federal Financial Institutions Examination Council.
Bryan’s experience also includes serving as Secretary of the Illinois Department of Financial and Professional Regulation, a cabinet-level agency, under Governor Bruce Rauner. During this time, Bryan led numerous initiatives to place the state at the forefront of innovation in the financial services industry, including leading the conversion to the first-ever online, paperless process for professional licensure and achieving the first credit union section accreditation by the National Association of State Credit Union Supervisors. He also led the creation of the Illinois Blockchain Initiative, where he advised organizations on how they can leverage blockchain technology to create more efficient, integrated and trusted services.
Before his tenure in government, Bryan held health care-related leadership positions at the largest retail, infusion and specialty pharmacy provider in the United States. While in this role, he helped develop policies concerning health care services and reimbursement, and provided regulatory and transactional support for joint ventures with hospitals, health systems and 340B programs. Bryan also served on Corporate Compliance and Disclosure Committees responsible for ensuring compliance with applicable health care and SEC securities requirements.
Bryan has served on the Executive Committee of the Conference of State Bank Supervisors (CSBS) and chaired its Non-Depository Supervisory Committee. He also served on the committee that was responsible for the administration of the Nationwide Multistate Licensing System & Registry (NMLS). Additionally, Bryan served on the Executive Committee of the National Association of State Credit Union Supervisors (NASCUS).
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Managing Director, Banking Supervision and Regulation Group, Patomak Global Partners
Brian Johnson is Managing Director in the Banking Supervision and Regulation Group at Patomak Global Partners.
In this role, Mr. Johnson spearheads projects related to the regulation of consumer financial products under Keith Noreika, Executive Vice President and Chairman of the Banking Supervision and Regulation Group and former acting Comptroller of the Currency.
Prior to joining Patomak, Mr. Johnson was a partner in Alston & Bird LLP’s financial services and products group. There, he advised financial institutions on consumer finance regulatory issues relating to product compliance, examination, enforcement investigations, and compliance management systems, and on strategic engagement with independent federal regulatory agencies and with Congress.
Mr. Johnson previously served as Deputy Director of the Consumer Financial Protection Bureau (CFPB), where he oversaw the agency’s rulemaking, supervision, and enforcement activities. He conceived and led the creation of high-profile agency initiatives, including the Office of Innovation, Taskforce on Federal Consumer Financial Law, policy symposia series, and Start Small, Save Up emergency savings program. He also served as the CFPB representative to the Financial Stability Oversight Council Deputies’ Committee and advised on interagency matters involving the Federal Deposit Insurance Corporation and the Federal Financial Institutions Examination Council.
Mr. Johnson held various positions on Capitol Hill, including policy director and chief financial institutions counsel on the House Committee on Financial Services, where his portfolio covered consumer protection and credit, mortgage origination, credit reporting, banking, and data security. His efforts on the committee involved drafting legislation to provide regulatory relief to bank, credit union, and nondepository financial institutions, as well as conducting oversight of the activities of the CFPB, Financial Stability Oversight Council, Federal Deposit Insurance Corporation, Office of Financial Research, Office of the Comptroller of the Currency, Federal Reserve System, and National Credit Union Administration.
Mr. Johnson received his juris doctorate from the University of Virginia School of Law and his bachelor’s in economics from the University of Virginia.
Partner, Manatt, Phelps & Phillips, LLP
Bryan Schneider is partner in Manatt’s Chicago office and a member of the firm’s industry-leading consumer financial services practice, where he focuses on advising clients through the gamut of consumer financial services regulatory and enforcement matters, particularly as it relates to supervision, enforcement and fair lending.
Prior to joining the firm, Bryan served as Associate Director for the Division of Supervision, Enforcement and Fair Lending at the Consumer Financial Protection Bureau (CFPB). In this role, he was tasked with overseeing issues related to student loan origination and servicing, mortgage origination/services, auto finance, credit card account management, debt collection, and payday and other small dollar lending. He was also a member of key interagency governing organizations including the Task Force of Supervision of the Federal Financial Institutions Examination Council.
Bryan’s experience also includes serving as Secretary of the Illinois Department of Financial and Professional Regulation, a cabinet-level agency, under Governor Bruce Rauner. During this time, Bryan led numerous initiatives to place the state at the forefront of innovation in the financial services industry, including leading the conversion to the first-ever online, paperless process for professional licensure and achieving the first credit union section accreditation by the National Association of State Credit Union Supervisors. He also led the creation of the Illinois Blockchain Initiative, where he advised organizations on how they can leverage blockchain technology to create more efficient, integrated and trusted services.
Before his tenure in government, Bryan held health care-related leadership positions at the largest retail, infusion and specialty pharmacy provider in the United States. While in this role, he helped develop policies concerning health care services and reimbursement, and provided regulatory and transactional support for joint ventures with hospitals, health systems and 340B programs. Bryan also served on Corporate Compliance and Disclosure Committees responsible for ensuring compliance with applicable health care and SEC securities requirements.
Bryan has served on the Executive Committee of the Conference of State Bank Supervisors (CSBS) and chaired its Non-Depository Supervisory Committee. He also served on the committee that was responsible for the administration of the Nationwide Multistate Licensing System & Registry (NMLS). Additionally, Bryan served on the Executive Committee of the National Association of State Credit Union Supervisors (NASCUS).
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Managing Director, Banking Supervision and Regulation Group, Patomak Global Partners
Brian Johnson is Managing Director in the Banking Supervision and Regulation Group at Patomak Global Partners.
In this role, Mr. Johnson spearheads projects related to the regulation of consumer financial products under Keith Noreika, Executive Vice President and Chairman of the Banking Supervision and Regulation Group and former acting Comptroller of the Currency.
Prior to joining Patomak, Mr. Johnson was a partner in Alston & Bird LLP’s financial services and products group. There, he advised financial institutions on consumer finance regulatory issues relating to product compliance, examination, enforcement investigations, and compliance management systems, and on strategic engagement with independent federal regulatory agencies and with Congress.
Mr. Johnson previously served as Deputy Director of the Consumer Financial Protection Bureau (CFPB), where he oversaw the agency’s rulemaking, supervision, and enforcement activities. He conceived and led the creation of high-profile agency initiatives, including the Office of Innovation, Taskforce on Federal Consumer Financial Law, policy symposia series, and Start Small, Save Up emergency savings program. He also served as the CFPB representative to the Financial Stability Oversight Council Deputies’ Committee and advised on interagency matters involving the Federal Deposit Insurance Corporation and the Federal Financial Institutions Examination Council.
Mr. Johnson held various positions on Capitol Hill, including policy director and chief financial institutions counsel on the House Committee on Financial Services, where his portfolio covered consumer protection and credit, mortgage origination, credit reporting, banking, and data security. His efforts on the committee involved drafting legislation to provide regulatory relief to bank, credit union, and nondepository financial institutions, as well as conducting oversight of the activities of the CFPB, Financial Stability Oversight Council, Federal Deposit Insurance Corporation, Office of Financial Research, Office of the Comptroller of the Currency, Federal Reserve System, and National Credit Union Administration.
Mr. Johnson received his juris doctorate from the University of Virginia School of Law and his bachelor’s in economics from the University of Virginia.