Explainer Episode 43 - An Agenda for Congress
Regulatory Transparency Project's Fourth Branch Podcast
In this episode, Hon. Gail Heriot, discusses her recent article for the New Criterion, An Agenda...
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
In this episode, Hon. Gail Heriot, discusses her recent article for the New Criterion, An Agenda...
Kimberly Hermann, Tiffany Justice
Regulatory Transparency Project's Fourth Branch Podcast
Kimberly Hermann, General Counsel for Southeastern Legal Foundation and Tiffany Justice, Co-Founder of Moms for...
Sarah Binder, Daniel M. Flores, Trevor N. McFadden
On October 17, 2022, the Federalist Society’s Regulatory Transparency Project and Capitol Hill Chapter hosted...
David Fotouhi, Richard J. Pierce, Lisa Branch
This second event of a co-sponsored series on the Administrative State focused on the role...
Ashley Baker, Ronald A. Cass, Svetlana Gans, Henry Su
Regulatory Transparency Project's Fourth Branch Podcast
On November 7, the U.S. Supreme Court heard Axon Enterprise, Inc. v. Federal Trade Commission, to...
Assistant Attorney General, Office of Legal Policy, Department of Justice
Deputy Secretary of Energy
James P. Danly was sworn in as Deputy Secretary on June 9, 2025.
Before arriving at the Department, Deputy Secretary Danly was a partner and the Energy Regulatory Group leader at Skadden in Washington, D.C. This followed his service at the Federal Energy Regulatory Commission, first as the Commission’s general counsel then as the commissioner and chairman.
Deputy Secretary Danly was an officer in the United States Army. He served two tours in Iraq, receiving a Bronze Star and a Purple Heart.
A graduate of Yale University, Deputy Secretary Danly earned his J.D. from Vanderbilt University Law School. He clerked for Judge Danny J. Boggs of the Sixth Circuit.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Professor of Law Emeritus; Senior Fellow for Climate Policy, Environmental Law Center, Vermont Law School
Patrick A. Parenteau is Emeritus Professor of Law and Senior Fellow for Climate Policy in the Environmental Law Center at Vermont Law School. He previously served as Director of the Environmental Law Center and was the founding director of the EAC (formerly the Environmental and Natural Resources Law Clinic) in 2004.
Professor Parenteau has an extensive background in environmental and natural resources law. His previous positions include Vice President for Conservation with the National Wildlife Federation in Washington, DC (1976-1984); Regional Counsel to the New England Regional Office of the EPA in Boston (1984-1987); Commissioner of the Vermont Department of Environmental Conservation (1987-1989); and Senior Counsel with the Perkins Coie law firm in Portland, Oregon (1989-1993).
Professor Parenteau has been involved in drafting, litigating, implementing, teaching, and writing about environmental law and policy for over three decades. His current focus is on confronting the profound challenges of climate change through his teaching, publishing, public speaking and litigation.
Professor Parenteau is a Fulbright US Scholar and a Fellow in the American College of Environmental Lawyers. In 2005 he received the National Wildlife Federation’s Conservation Achievement Award in recognition of his contributions to wildlife conservation and environmental education. In 2016 he received the Kerry Rydberg Award for excellence in public interest environmental law.
Professor Parenteau holds a B.S. from Regis University, a J.D. from Creighton University, and an LLM in Environmental Law from the George Washington U.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Principal, Advantus Strategies, LLC
John Paul Woodley Jr. is currently the Principal of Environmental and Energy Practice Group for Advantus Strategies. From 2003 to 2009, Woodley served as Assistant Secretary of the Army for Civil Works, supervising the Army Corps of Engineers Civil Works Program. Under his leadership, the Corps Wetland Regulatory Program was strengthened. He also oversaw the restoration of the Florida Everglades and the reconstruction of the hurricane protection system for New Orleans following Hurricane Katrina.
Woodley also served as Assistant Deputy Under Secretary of Defense, Environment, where he was responsible for policy and oversight of the Defense Department’s environmental cleanup, compliance, pollution prevention and natural resource management.
He has also served as Secretary of Natural Resources for Virginia, where he was responsible for environmental protection and for permitting, outdoor recreation, open space management, inland and marine fisheries and historic resources in the Commonwealth.
Woodley served on active duty with the U.S. Army Judge Advocate General’s Corps from 1979 to 1985, and retired from the Army Reserve in August 2003 as a Lieutenant Colonel.
Woodley has been awarded the Legion of Merit, the Meritorious Service Medal (2nd Oak Leaf Cluster), the Army Commendation Medal (1st Oak Leaf Cluster), and the Army Achievement Medal. He has been honored with the U. S. Army Decoration for Distinguished Civilian Service, the Secretary of Defense Medal for Outstanding Public Service and the Silver de Fleury Medal from the Army Engineer Regiment.
Senior Fellow and Director of Finance Policy, Competitive Enterprise Institute
John Berlau is a senior fellow and Director of Finance Policy at the Competitive Enterprise Institute. His work focuses on how public policy affects access to capital, entrepreneurship, and investments made by the public and business community alike. In recent years, he has studied the consequences of financial reform efforts passed by Congress like the Sarbanes-Oxley Act, the government’s response to the 2008 financial crisis including the Dodd-Frank Act, the placement of Fannie Mae and Freddie Mac into conservatorship, and the rise of cryptocurrency.
He is also the author of the book George Washington: Entrepreneur: How Our Founding Father’s Private Business Pursuits Changed America and the World. The book received rave reviews in the Wall Street Journal and other forums, and was endorsed by eminent historians and scholars such as Richard Brookhiser, Amity Shlaes, and Craig Shirley.
Berlau is a contributing writer for Forbes. His work has been published and cited in The Wall Street Journal, The New York Times, The Washington Post, Financial Times, Bloomberg News, The Atlantic, Politico, Daily Caller, Washington Examiner, Investor’s Business Daily, National Journal, National Review, American Spectator, Reason Magazine, and more. He is a frequent guest on radio and television programs, including CNBC’s “The Call,” “Power Lunch” and “Closing Bell,” Fox News’ “Fox & Friends” and “Your World with Neil Cavuto,” and Fox Business’ “Cavuto.”
He has testified on the impact of financial regulation before the House Committee on Financial Services and the House Committee on Energy and Commerce. A recognized expert on the phenomenon of crowdfunding, Berlau has spoken at prominent conferences such as South by Southwest Interactive in Austin, Money 20/20 in Las Vegas, the FinTech Global Expo in San Diego, the CFGE Crowdfund Banking and Lending Summit in San Francisco and the Crowdfund Intermediary Regulatory Advocates (CFIRA) Summit in Washington, D.C. He is also author of the widely cited paper “Declaration of Crowdfunding Independence: Finance of the People, by the People, and for the People.”
Berlau is an award-winning financial and political journalist. He served as Washington correspondent for Investor’s Business Daily and as a staff writer for Insight magazine, published by The Washington Times. In 2002, he received the Sandy Hume Memorial Award for Excellence in Political Journalism from Washington’s National Press Club. He was a media fellow at the Hoover Institution in 2003. He graduated from the University of Missouri-Columbia in 1994 with degrees in journalism and economics.
Executive Vice President & Co-Head of Regulatory Affairs, Bank Policy Institute
Tabitha Edgens is Executive Vice President & Co-Head of Regulatory Affairs, for the Bank Policy Institute.
Ms. Edgens was previously Counselor to the Deputy Chief Counsels and Special Counsel at the Office of the Comptroller of the Currency. In that role, she advised OCC senior leadership on critical bank regulatory issues including national bank digital asset activities, licensing decisions and supervisory matters. She played a leading role in drafting OCC interpretations on the permissibility of national bank digital asset activities as well as the 2019 and 2020 interagency revisions to the Volcker rule. From 2020-2021, Tabitha was detailed to the U.S. Department of the Treasury’s Office of the General Counsel, Banking and Finance, where she advised policymakers on small business pandemic relief programs. Prior to the OCC, Ms. Edgens was an associate at Cleary Gottlieb Steen and Hamilton where she focused on bank regulatory matters. Before her legal career, Tabitha served as an aide to U.S. Senator Mary L. Landrieu.
Tabitha is a graduate of Yale Law School and Tulane University and is a member of the bar in New York and Washington D.C.
Washington Bureau Chief, American Banker
John Heltman is the Washington Bureau Chief for American Banker, leading coverage of federal bank regulators, monetary policy and Capitol Hill.
John, a Washington native living in Baltimore, joined American Banker as a Federal Reserve and Treasury reporter in 2014, launching longform narrative podcast Bankshot in 2019 and running American Banker Magazine from 2021 until 2022. He has received numerous professional awards from the Society for the Advancement of Business Editor and Writers, the American Society of Business Publication Editors and the Jesse H. Neal awards. John won the Grand Neal in 2019 for his podcast "Nobody's Home," which examined the causes and effects of concentrated vacant housing.
John joined American Banker from Argus Media, where he covered the Commodity Futures Trading Commission as the agency was implementing its Dodd-Frank reforms to the commodity and derivatives markets. Prior to that, John covered environmental policy for Inside Washington Publishers from 2008 until 2012.
Senior Counsel, Corporate Engagement Team, Alliance Defending Freedom
Brian Knight serves as senior counsel on the Corporate Engagement Team. His work focuses on issues of financial access, debanking, and preventing the power of the private sector from being weaponized against people of faith by both public and private actors.
Prior to joining ADF, Knight spent almost nine years at the Mercatus Center at George Mason University, as both a senior research fellow and as a program director. In addition to managing a team of scholars, Knight’s research focused on financial regulation and the politicization of financial services. His research helped inform legislation and regulation at the federal and state level. He was also the lead author for two amicus briefs submitted to the U.S. Supreme Court in the case of National Rifle Association v. Vullo.
Before joining Mercatus, Knight worked at the Milken Institute, where he focused on financial technology. He was also an entrepreneur, co-founding a firm focused on compliance for crowdfunding.
Knight earned a Juris Doctor from the University of Virginia School of Law and a Bachelor of Arts from the College of William and Mary.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Executive Director, Southeastern Legal Foundation
Kimberly Hermann serves as Executive Director for Southeastern Legal Foundation.
Kim has worked with Southeastern Legal Foundation since 2009. Her belief in liberty and desire to serve started at a young age – instilled by her parents’ dedication to hard work, family values, and love for America.
After earning her undergraduate degree in Analytical Finance and graduate degree in Accounting from Wake Forest University, Kim worked as a licensed CPA with an international accounting firm. But her strong belief in individual liberty, the rule of law, and accountability in government led her to pursue a career in law. While in law school at Georgia State University College of Law, Kim served as a law clerk at SLF. After graduating, Kim worked at a private law firm in Atlanta where she specialized in financial and business litigation but continued to serve SLF in a pro bono capacity. In 2013, Kim returned to SLF full-time and is proud to dedicate her career to the freedom-based law movement.
Kim advances liberty through litigation in federal and state trial and appellate courts on issues ranging from government overreach, free speech, property rights, and economic liberty. In addition to representing clients, Kim testifies before state legislatures, drafts model legislation, and regularly publishes legal articles. Through SLF’s legal initiatives, she informs Americans about their constitutional rights, equipping them with the tools they need to stand up to government overreach. Her work and that of Southeastern Legal Foundation is regularly covered by national media and you will frequently hear or see her on radio, podcasts, and television.
Kim is an active member of the Federalist Society where she serves as an expert on the Federalist Society’s Civil Rights Executive Committee. She is also an active member of her community and when she isn’t fighting for liberty, you can find her at her children’s school or on the sports fields cheering them on. She lives in the Atlanta area with her husband and two children.
Co-Founder, Mom's for Liberty
Tiffany is a wife and mom of four school-aged children. In 2016 she stepped up to serve for 4 years on the School District of Indian River County, FL School Board. She believes that kids in public school deserve innovation and parents have the right to know the union interference and government bureaucracy that is keeping that innovation from happening in their children's district.
Senior Fellow, Governance Studies, Brookings Institution
Sarah Binder is senior fellow in Governance Studies at the Brookings Institution and professor of political science at George Washington University, where she specializes in Congress and legislative politics. Binder’s current research explores the historical and contemporary relationship between Congress and the Federal Reserve, and she is the co-author with Mark Spindel of The Myth of Independence: How Congress Governs the Federal Reserve (Princeton University Press, 2017). She is also an associate editor of The Washington Post’s Monkey Cage blog.
Binder is a former co-editor of Legislative Studies Quarterly, a co-author with Forrest Maltzman of Advice and Dissent: The Struggle to Shape the Federal Judiciary (Brookings, 2009), author of Stalemate: Causes and Consequences of Legislative Gridlock (Brookings, 2003), Minority Rights, Majority Rule: Partisanship and the Development of Congress (Cambridge University Press, 1997), and co-author with Steven S. Smith of Politics or Principle? Filibustering in the United States Senate (Brookings, 1997). Her other work on Congressional politics has appeared in the American Political Science Review, American Journal of Political Science, and elsewhere.
Her book on legislative gridlock was awarded the 2003 Richard F. Fenno, Jr. Prize by the American Political Science Association for the best book published on legislative politics, and she was elected to the American Academy of Arts and Sciences in 2015.
Binder received her Ph.D. in political science from the University of Minnesota in 1995 and B.A. from Yale University in 1986. She joined Brookings in 1995 and George Washington University in 1999. Between 1986 and 1990, she served as legislative aide and press secretary to Rep. Lee Hamilton (D-Indiana).
Senior Counsel, Committee on Oversight and Accountability, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Accountability, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice
Judge, United States District Court, District of Columbia
Judge Trevor N. McFadden was appointed to the United States District Court for the District of Columbia in 2017. He received his B.A. in 2001 from Wheaton College, IL, magna cum laude. In 2006, he received his J.D. from the University of Virginia School of Law, where he graduated Order of the Coif and was an editor for the Virginia Law Review.
Following graduation from law school, Judge McFadden clerked for Judge Steven Colloton, U.S. Court of Appeals for the Eighth Circuit. He then joined the U.S. Department of Justice, where he served as Counsel to the Deputy Attorney General and as Assistant U.S. Attorney in the District of Columbia. Judge McFadden subsequently became a partner at Baker & McKenzie LLP in Washington, DC, where he focused on white collar investigations. He is also co-author of a treatise, Corporate Settlement Tools: DPAs, NPAs, and Cooperation Agreements.
After four years in private practice, Judge McFadden returned to the U.S. Department of Justice, where he was Deputy Assistant Attorney General and acted as the second-in-command of the Department's Criminal Division. As Deputy Assistant Attorney General, he managed the Division's Fraud and Appellate Sections.
Judge McFadden also has extensive experience in law enforcement. He served as an officer with the Fairfax County, VA, Police Department and as a deputy sheriff in Madison County, VA.
Deputy Administrator, United States Environmental Protection Agency
David Fotouhi was sworn in as Deputy Administrator of the United States Environmental Protection Agency on June 16, 2025.
Fotouhi is an experienced environmental attorney who previously served in senior roles at EPA. During the first term of the Trump Administration, Fotouhi served as EPA’s Acting General Counsel and Principal Deputy General Counsel. Prior to rejoining the agency, Fotouhi was a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP practicing environmental law.
Fotouhi grew up in Oklahoma and holds a B.A. from Vanderbilt University and a J.D. from Harvard Law School. Before entering private legal practice, Fotouhi served as a law clerk to the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit.
Lyle T. Alverson Professor of Law, George Washington University Law School
Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
Judge, United States Court of Appeals, Eleventh Circuit
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Executive Director, Committee for Justice
Ashley Baker serves as Executive Director at the Committee for Justice. Her focus areas include the Supreme Court, regulatory policy, antitrust, and judicial nominations. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and elsewhere. Ashley is also the founder of the recently-formed Alliance on Antitrust coalition. She has testified before the United States Senate on the topic of antitrust law.
Ashley is an active member of the Federalist Society, where she serves as a member of the Regulatory Transparency Project's Antitrust & Consumer Protection and Cyber & Privacy working groups. As a member of the Republican National Lawyers Association, she has served as a speaker on the Supreme Court and the federal judiciary.
As an expert on the judicial nominations process, Ashley worked closely on the efforts to confirm Justices Neil Gorsuch and Brett Kavanaugh.
Much of Ashley’s work is at the intersection of the courts, regulation, and technology. Ashley also engages in policy analysis and outreach on legislation and regulations related to these issues by writing op-eds, letters to Congress for committee hearings, and regulatory comments.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
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.
Program Director and Faculty, National Institute for Trial Advocacy
Henry Su is a seasoned trial lawyer, teacher, and thought leader whose legal work has focused on what he calls the “three A’s”—Antitrust, Advocacy, and Access to Justice.
Based in Washington, DC, he has spent the bulk of his career practicing in the fields of antitrust, consumer protection, intellectual property, and technology law, which are critical to ensuring that we all continue to enjoy the benefits of competition and innovation. He provides a unique combination of experience and expertise in (1) law enforcement, regulation, legislation, and policymaking—as a former senior official with the U.S. Federal Trade Commission (FTC) for nearly seven years, and (2) technology, innovation, business strategy, and startup activity—as a Silicon Valley-based senior litigator for nearly ten years.
His government service at the FTC included two stints as a senior trial lawyer in the agency’s Bureau of Competition (January 2013 to February 2015, February 2017 to August 2017), litigating merger and conduct cases (e.g., St. Luke’s/Saltzer, 1-800 Contacts) and participating in the investigation of several others. Additionally, he served as an attorney advisor to Commissioner J. Thomas Rosch (January 2011 to January 2013) and Chairwoman Edith Ramirez (February 2015 to February 2017), providing advice and counsel to each Commissioner on a wide range of antitrust and competition matters, topics, and issues.
A veteran member of the American Bar Association (ABA) Antitrust Law Section’s leadership, he currently serves as a member of the governing Council and as co-chair of the Antitrust Fall Forum. He is also a member of the U.S. Advisory Board of the Institute for Consumer Antitrust Studies at the Loyola University Chicago School of Law.
He is a longtime program director and faculty member with the National Institute for Trial Advocacy (NITA), a nonprofit organization that has been dedicated since 1971 to the training and development of effective and ethical courtroom advocates, who are essential to preserving and improving our adversarial system of justice. His teaching runs the gamut of NITA’s programming—from trainings on trial, motion, and deposition practice to webcasts and podcasts on topics like evidentiary foundations and lawyer well-being. In 2021 he was recognized by NITA for his outstanding service as faculty with the 2020 Hon. Robert E. Keeton Award. He is also a Senior Fellow of the Litigation Counsel of America.
When it comes to trial and appellate work, he deeply appreciates the value of “learning by doing.” Some skills cannot be effectively acquired or developed except through practice, as he found out when he cut his teeth handling criminal and civil cases pending in the United States District Court for the Eastern District of Virginia—the original “Rocket Docket.” He wishes he had known some of the NITA techniques and drills when he was a junior lawyer. That is a big reason why nowadays he does his part to make NITA training widely available to upcoming generations of lawyers through programs, including public service courses, offered around the country.
Last but not least, he chairs the ABA Standing Committee on Pro Bono and Public Service, whose mission is to ensure access to justice through the expansion and enhancement of the delivery of legal and other law-related services to the underserved through volunteer efforts of legal professionals nationwide. He strives to lead by example, participating for instance as a volunteer attorney with ABA Free Legal Answers. In 2021 he was recognized as an ABA Free Legal Answers 2020 Pro Bono Leader for his pro bono service. He also serves on the Virginia State Bar’s Access to Legal Services Committee, and he is a Patron Fellow of the American Bar Foundation.
He graduated cum laude from Yale University with a B.S. degree in Biology, and then attended the University of Virginia School of Law, where he earned a J.D. degree and received the John M. Olin Prize in Law and Economics. He is a member of the California, District of Columbia, and Virginia bars.