Deep Dive Episode 244 - Litigation Update: Helix Energy v. Hewitt
Regulatory Transparency Project's Fourth Branch Podcast
Some employers were surprised by the en banc Fifth Circuit’s December 2021 decision in Helix...
The Regulatory Transparency Project was a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.
David R. Dorey, Sheng Li, Timothy Taylor
Regulatory Transparency Project's Fourth Branch Podcast
Some employers were surprised by the en banc Fifth Circuit’s December 2021 decision in Helix...
On Oct 13, 2022, the DC Circuit Court of Appeals heard argument in a case...
Paul Brigner, Michael Mosier, Kevin Werbach, J.W. Verret
Regulatory Transparency Project's Fourth Branch Podcast
Tornado Cash is an open source, decentralized cryptocurrency tumbler that was introduced in 2019. The...
Jerry Brito, Rohan Grey, David Kinitsky, Caitlin Long, Stephen Mihm, Lee A. Reiners
A Regulatory Transparency Project Fourth Branch Video
“Bitcoin Cowboys: Will Wyoming Become the Next Crypto Capital” will premiere on the Federalist Society’s YouTube...
Michael Buschbacher, Jennifer Chen, Jim Wedeking, Marc L. Spitzer
Regulatory Transparency Project's Fourth Branch Podcast
In the last few years, the Federal Energy Regulatory Commission (FERC) has emerged from relative...
Managing Partner, Boyden Gray PLLC
Michael Buschbacher is the managing partner of Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Counsel, Sen. Schmitt and the Senate Judiciary Committee
Senior Counsel, Committee on Oversight and Government Reform, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Government Reform, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Clinical Professor of Law, Cornell Law School
William A. Jacobson is a Clinical Professor of Law and Director of the Securities Law Clinic.
He is a 1981 graduate of Hamilton College and a 1984 graduate of Harvard Law School. At Harvard he was Senior Editor of the Harvard International Law Journal and Director of Litigation for the Harvard Prison Legal Assistance Project.
Prior to joining the Cornell law faculty in 2007, Professor Jacobson had a highly successful civil litigation and arbitration practice in Providence, Rhode Island, concentrating in investment, employment, and business disputes in the securities industry, including many high profile cases reported in leading newspapers and magazines.
Professor Jacobson has argued cases in numerous federal and state courts, including the Courts of Appeal for the First, Fifth and Sixth Circuits, and the Rhode Island Supreme Court.
Professor Jacobson has a national reputation as a leading practitioner in securities arbitration. He was Treasurer, and is a former member of the Executive Committee and Board of Directors of the Public Investors Arbitration Bar Association, a professional organization of attorneys dedicated to protecting public investors. He frequently is quoted in national media on issues related to investment fraud and investor protection, and in the past has served as one of a small number of private practice attorneys who trained new arbitrators for the Financial Industry Regulatory Authority.
Professor Jacobson is co-author of the Securities Arbitration Desk Reference (Thomson-Reuters), updated annually.
Professor Jacobson also is the founder and publisher of Legal Insurrection, a popular politics and law website. He is frequently quoted in the media on political and legal topics, has authored many Op-Eds in major publications, and appears on television and radio to discuss politics and the law.
Vice President and Deputy Counsel, Wisconsin Institute for Law and Liberty
Professor of Law and J. Philip Johnson Faculty Fellow, University of North Dakota School of Law
Michael S. McGinniss is Professor of Law and J. Philip Johnson Faculty Fellow at the University of North Dakota School of Law, where he joined the faculty in 2010 and served as the Dean from 2019 to 2022. He chairs the executive committee for the Federalist Society's Practice Group on Professional Responsibility and Legal Education.
Before entering the legal academy, Professor McGinniss served for twelve years as a Disciplinary Counsel for the Supreme Court of Delaware. He currently teaches courses on Professional Responsibility, Advanced Legal Ethics, Civil Procedure, and Federal Courts. He also serves as Faculty Advisor for the North Dakota Law Review and the UND Law Federalist Society student chapter.
Professor McGinniss’ research and scholarship interests are wide-ranging and include lawyer and judicial ethics, lawyer discipline and regulation of the profession, constitutional law (especially First Amendment, separation of powers, and federalism), and cultural challenges faced by conservatives in the law schools and the legal profession. His most recent law review article, Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct, was published in the Federalist Society Review. His article Expressing Conscience with Candor: Saint Thomas More and First Freedoms in the Legal Profession, was published in the Harvard Journal of Law & Public Policy.
Professor McGinniss has spoken to Federalist Society lawyer and student chapters across the country about judicial independence and ethics, especially relating to the federal courts and the United States Supreme Court Justices. In addition, he has spoken to several chapters about rising challenges to ideological diversity and targeting of conservative viewpoints in law schools and the legal profession. Although he is very pleased to speak on these and many other topics that may be of interest to lawyer and student chapters, in 2026-2027, he has particular interest in speaking on the topic “Lawyer Discipline as Political ‘Resistance’: Separation of Powers, Federalism, and the Rule of Law,” concerning his work-in-progress on the weaponization of professional disciplinary processes against conservative lawyers for political and ideological purposes.
Commissioner, U.S. Equal Employment Opportunity Commission
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
Assistant Secretary for Fair Housing and Equal Opportunity, United States Department of Housing and Urban Development
Craig Trainor is Assistant Secretary for Fair Housing and Equal Opportunity at the United States Department of Housing and Urban Development. President Trump nominated Mr. Trainor for this position on February 11, 2025, and the United States Senate confirmed him on October 7, 2025.
A “Day One” Trump-Vance Administration official, he previously served as Acting Assistant Secretary for Civil Rights and Principal Deputy Assistant Secretary for Civil Rights at the United States Department of Education, where he spearheaded the Department’s efforts to reorient America’s civil rights regime from an unjust spoils system to one that protects the rights of all Americans. Mr. Trainor’s February 14, 2025, “Dear Colleague” letter is widely considered the Trump Administration’s blueprint for enforcing civil rights laws and restoring the Constitution’s promise of equal protection.
Prior to serving in the Trump-Vance Administration, he was Senior Special Counsel with the United States House of Representatives Committee on the Judiciary under Chairman Jim Jordan (R-OH), and Senior Litigation Counsel with the America First Policy Institute under the Honorable Pam Bondi.
For over ten years, Mr. Trainor was a criminal defense and civil rights lawyer in New York City, litigating cases in New York state court and the United States District Court for the Southern and Eastern Districts of New York.
Prior to founding his law practice, he served as a New York City prosecutor, an associate attorney at a white collar criminal defense firm, and a law clerk to Chief Judge Frederick J. Scullin, Jr., United States District Court for the Northern District of New York.
Assistant Secretary for Civil Rights, U.S. Department of Agriculture
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Senior Litigation Counsel, The Fairness Center
Dave Dorey is a seasoned labor and employment attorney with more than a decade of experience guiding clients through complex workplace issues and high-stakes litigation. Bringing unique insights from his distinguished service in the federal government, including as Counsel to the Solicitor at the U.S. Department of Labor and Chief of Staff for Strategy, Policy and Plans at the U.S. Department of Homeland Security, he represents businesses across industries – including trade associations, nonprofits, technology companies, construction and agriculture firms, and consultancies – on the full spectrum of labor and employment matters. Dave has particular experience in handling administrative law matters including engaging in agency rulemaking processes and both challenging and defending agency rules.
Before joining Fisher Phillips, Dave led the Labor & Employment Practice Group at a full-service business law firm. A practical problem solver and trusted advisor, Dave regularly counsels clients on employment policies, regulatory compliance, workplace investigations, and risk management, and represents them in administrative proceedings, rulemaking and other administrative law challenges, and litigation involving wage and hour claims, noncompete and trade secrets disputes, class actions, and allegations of employment discrimination. His practice spans federal and state trial and appellate courts, as well as administrative tribunals.
Dave’s government background, which also includes service as Deputy Chief of Staff for Operations at the U.S. Department of Commerce, lends him a deep understanding of regulatory and administrative processes and enables him to effectively represent clients in government investigations, rulemaking challenges, and agency proceedings.
An active member of the community, Dave serves on the Board of Directors of Child Justice, Inc., a Maryland nonprofit that advocates for abused children.
Litigation Counsel, New Civil Liberties Alliance
Sheng Li is Litigation Counsel for the New Civil Liberties Alliance. Prior to joining NCLA, Sheng served as Counselor to the Administrator of Wage and Hour at the U.S. Department of Labor. In that role, he led numerous efforts to remove or simplify unduly burdensome regulations. He has also worked in the private sector as a litigation associate at Patterson Belknap Webb & Tyler and at Kirkland & Ellis.
Sheng is a graduate of Johns Hopkins University and Yale Law School, where he was managing editor of the Yale Journal of International Law. After graduating law school, Sheng served as law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Partner, Holland & Knight LLP
Timothy Taylor is an employment and litigation partner with Holland & Knight LLP, where he was also previously an associate. He represents clients in federal courts and before federal agencies in a variety of disputes. He has special expertise in employment law, the Administrative Procedure Act, the False Claims Act, and appeals. Before rejoining Holland & Knight, Mr. Taylor served as the Deputy Solicitor of Labor. In that position, he oversaw a wide portfolio of litigation, enforcement, rulemaking, and legal counseling for the agency’s more than 450 attorneys. He previously served as the Department of Labor’s Chief of Staff, and in other senior policy positions in the Department. He also served as the employment counsel and as an investigative attorney for the Department of the Treasury’s Office of the Special Inspector General for Pandemic Recovery.
Mr. Taylor clerked for the Honorable Harris Hartz of the U.S. Court of Appeals for the Tenth Circuit and the Honorable Charles Lettow of the U.S. Court of Federal Claims. He graduated summa cum laude with a B.A. from Brigham Young University and cum laude with a J.D. from Harvard Law School, where he was an editor of the Harvard Law Review and the Harvard Journal of Law and Public Policy. He lives in Virginia with his wife and two children.
Associate Professor, UNH Franklin Pierce School of Law
Zvi S. Rosen is an Associate Professor at UNH Franklin Pierce School of Law and the Faculty Director of the Franklin Pierce Society for Intellectual Property. He has served as a Assistant Professor at the Southern Illinois University School of Law, as a Visiting Assistant Professor at the Maurice A. Deane School of Law at Hofstra University, and as a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law.
In 2015-2016, he was the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office. Mr. Rosen received his J.D. from Northwestern University School of Law in 2005 and LLM in Intellectual Property in 2006 from the George Washington University Law School. He has practiced at Fried, Frank, Harris, Shriver & Jacobson LLP as well as smaller firms and his own practice, and clerked for the Hon. Thomas B. Bennett of the U.S. Bankruptcy Court for the Northern District of Alabama. He has written extensively on the development of modern copyright and trademark law, as well as on bankruptcy law.
Head of U.S. Policy and Strategic Advocacy, Electric Coin Company
Paul Brigner is the Head of U.S. Policy and Strategic Advocacy at the Electric Coin Company. He has served in senior level technology policy and government relations roles for the last eighteen years with another ten years of hands-on technical experience at the beginning his career after serving in the United States Army.
He holds an MBA from the McDonough School of Business at Georgetown University and a JD from the Georgetown University Law Center. He received a Bachelors degree from Stephen F. Austin State University where he was named the Outstanding Computer Science Graduate.
General Counsel, Espresso Systems
Michael Mosier is General Counsel at Espresso Systems, which is developing configurable privacy for digital assets with decentralized private computation. He served as Acting Director, Deputy Director, and the first Digital Innovation Officer of the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN). He also was Counselor (for Cybersecurity & Emerging Technology) to the Deputy Secretary of the Treasury.
Previously, Michael was Chief Technical Counsel at Chainalysis; an Associate Director of Treasury’s Office of Foreign Assets Control; a Deputy Chief at the Department of Justice’s Money Laundering Section; and White House National Security Council Director for Transnational Organized Crime. He began his public service with the Manhattan District Attorney’s Office and has been an adjunct professor at Georgetown University Law Center.
Professor of Legal Studies and Business Ethics at the Wharton School, University of Pennsylvania
Kevin Werbach is a professor of Legal Studies and Business Ethics at the Wharton School, University of Pennsylvania, and formerly Counsel for New Technology Policy at the U.S. Federal Communications Commission, Werbach has spent the past two decades exploring major trends at the intersection of the Internet, digital media, and communications. He served on the Obama Administration's Presidential Transition Team and founded the Supernova Group, a technology consulting firm, which organized the CEO-level Supernova technology conference. He also created one of the most successful massive open online courses, with nearly half a million enrollments. He was named Wharton's first-ever Iron Prof in 2010.
Werbach has published four books, including The Blockchain and the New Architecture of Trust, For the Win: The Power of Gamification and Game Thinking in Business, Education, Government, and Social Impact, and After the Digital Tornado: Networks, Algorithms, Humanity.
Earlier in his career, he edited the influential technology newsletter Release 1.0, and helped develop the U.S. Government's Internet and e-commerce policies in the Clinton Administration
Associate Professor of Law, Antonin Scalia Law School, George Mason University
Associate Professor of Law J.W. Verret joined the Antonin Scalia Law School, George Mason University faculty in 2008. In 2013, he took leave for two years to serve as the Chief Economist and Senior Counsel for the U.S. House Committee on Financial Services. He received his JD and MA in Public Policy from Harvard Law School and the Harvard Kennedy School of Government, respectively, in 2006. While in law school, Professor Verret served an Olin Fellowship in Law and Economics at the Harvard Program on Corporate Governance under the guidance of Prof. Lucian Bebchuk.
Professor Verret then served as a law clerk for Vice-Chancellor John W. Noble of the Delaware Court of Chancery. Prior to joining the faculty at Scalia Law, Professor Verret was an associate in the SEC Enforcement Defense Practice Group at Skadden, Arps in Washington, D.C. He has written extensively on corporate law topics, including Delaware's Guidance, co-written with Chief Justice Myron T. Steele of the Delaware Supreme Court. His academic work has been featured in the Yale Journal on Regulation, The Business Lawyer, the Delaware Journal of Corporate Law, the Stanford Law Review, the University of Pennsylvania Journal of Business Law, and the Virginia Law and Business Review. Professor Verret was selected by the Northwestern Law School Searle Center on Law, Regulation, and Economic Growth for a 2009-2010 Searle-Kaufmann Research Fellowship.
Professor Verret is also a Senior Scholar at the Mercatus Center Working Group on Financial Markets, where he regularly briefs Congressional staff, members of Congress, SEC Commissioners and other financial regulatory agencies on financial regulation topics. He also directs the Corporate Federalism Initiative, where he obtains research grants for a network of students and faculty scholars who study the division between states and the federal government as sources of corporate law. Professor Verret has been invited to testify before various House and Senate Committees four times during the financial crisis of 2009 regarding all of the central provisions of the Obama Administration's 2009 financial regulatory reform proposals. For a full list of Professor Verret's C-Span appearances, including testimony before the U.S. House of Representatives and the U.S. Senate, see http://www.c-spanvideo.org/jwverret.
Professor Verret has been an invited panelist for various television appearances, including an interview on The NewsHour with Jim Lehrer. Professor Verret has been quoted in various media on financial regulation and corporate law topics, including the New York Times, CNN Money, the CNN Political Ticker, CNBC, ABC News, Investor's Business Daily, ESPN.com, The American Banker, The American Lawyer, The Huffington Post, CBS.com, and AP News. Professor Verret's op-eds have been featured in Forbes, The Chicago Tribune, The Orange County Register, and The Wall Street Journal. Professor Verret is also a regular guest contributor to three of the most noted corporate law and financial regulation law blogs: the Harvard Law School Corporate Governance and Financial Regulation Forum, Deallawyers.com, and The Conglomerate.
Executive Director, Coin Center
Jerry Brito is executive director of Coin Center, a non-profit research and advocacy center focused on the public policy issues facing cryptocurrency technologies such as Bitcoin.
Now, steel yourself for some serious signaling and credentialism:
Jerry lives in Annandale, Virginia, with his wife Kathleen, daughter Penny Lane, and their dog Jerkface.
Assistant Professor of Law, Willamette University
Professor Grey’s research focuses on the legal design and regulation of money and finance, including digital fiat currency, as well as broader issues of law and political economy. He teaches Contracts, Business Organizations, and Securities Regulation. He previously co-taught seminars on Fintech and Monies with Professor Robert Hockett at Cornell Law School, where he was a fellow with the Clarke Business Law Institute’s Program on the Law and Regulation of Financial Institutions and Markets, and facilitated a reading group on Law, Money, and Finance at Columbia Law School with Professor Jeffrey N. Gordon.
Lecturing Fellow, Duke University
Lee Reiners is a lecturing fellow at the Duke Financial Economics Center at Duke University. At Duke, Reiners has taught classes on FinTech Law and Policy, Cryptocurrency Law and Policy, Financial Regulatory Policy, Climate Change and Financial Markets, and Cybersecurity Law and Policy. Reiners is widely recognized for his unbiased commentary and analysis on cryptocurrency regulation, and he has testified three times on the subject before the U.S. Congress.
Managing Partner, Boyden Gray PLLC
Michael Buschbacher is the managing partner of Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Senior Manager, Clean Energy, World Resources Institute
Jennifer Chen, Senior Manager at World Resources Institute, helps shape electricity, transmission and governance policies with an eye toward modernizing grid infrastructure, scaling up clean energy and driving cost-effective electrification. She has written and presented on these topics, including testifying before the U.S. Congress and the U.S. Federal Energy Regulatory Commission (FERC).
Previously, Jennifer led federal electricity policy work at the Nicholas Institute, a think tank for environmental policy solutions at Duke University. She was an attorney with the Natural Resources Defense Council, where she spearheaded environmental NGO coalition efforts to advocate for an efficient and flexible power system. She also has experience working with electricity customer and renewable energy groups as an independent consultant and began her energy career at FERC.
Jennifer earned a J.D. from New York University and a Physics Ph.D. from the University of Chicago. She is a member of the California Bar and the District of Columbia Bar and is admitted to the U.S. Court of Appeals for the District of Columbia Circuit. She is a Senior Fellow in electricity policy at R Street, a board member at New Energy Economics, and a member of the U.S. Department of Energy Electricity Advisory Committee.
Counsel, Boyden Gray PLLC
Jim Wedeking is counsel at Boyden Gray PLLC. He has extensive experience with environmental regulations, providing compliance counseling for large industrial and agricultural companies and their related trade associations, drafting comments on proposed environmental rulemakings from a variety of federal agencies, and challenging those rules in court. For over 20 years he has helped companies obtain various permits and other authorizations for constructing major infrastructure projects, including fossil fuel-fired power plants, natural gas pipelines, and offshore wind turbines, as well as defend those permits and authorizations through litigation. Mr. Wedeking frequently writes on federal environmental law topics, including for the Washington Legal Foundation.
He has also counseled clients on several Freedom of Information Act matters, including the protection of confidential business information from disclosure to third parties and how the Supreme Court’s Food Marketing Institute v. Argus Leader Media decision increased protections for company information provided to regulatory agencies.
Before joining the firm, Mr. Wedeking was counsel in Sidley Austin’s Washington, D.C. environmental, health, and safety practice group. There, he represented industrial companies in defending against civil and criminal enforcement actions and toxic tort suits.
Mr. Wedeking received a J.D., cum laude, from the Catholic University of America Columbus School of Law and a B.A. in Criminology and Criminal Justice from the University of Maryland.
Partner, Steptoe & Johnson
Marc Spitzer served as a former commissioner on the Federal Energy Regulatory Commission (FERC) from July 2006 until December 2011. His practice involves counselling and representing utilities and energy companies before the FERC, at state utility commissions, Congress, federal agencies, and state legislatures. Marc's clients rely on his deep understanding of the energy sector and its policy and regulatory regimes, backed by years in appointed and elected government service. His experience enables him to advise clients through all stages of the energy supply chain from production, transmission, and distribution. Marc’s practice extends to power, gas, and oil proceedings before FERC and he has proven experience in all energy resources.