Senior Counsel and VP, Appellate Advocacy, Alliance Defending Freedom
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position.
Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He was inducted into the American Academy of Appellate Lawyers and serves as a member of the American Law Institute. His work has resulted in repeated listings in Michigan Super Lawyers and Best Lawyers.
Before entering private practice, Bursch served as a law clerk to the Honorable James B. Loken on the U.S. Court of Appeals for the 8th Circuit. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School, where he served as Chief Note & Comment Editor for the Minnesota Law Review. Prior to that, he attended Western Michigan University, where he received degrees in mathematics and music performance summa cum laude.
Wallace Stevens Professor of Law, University of Connecticut School of Law
Professor Bethany Berger is a widely read scholar of Property Law and Legal History and one of the leading federal Indian Law scholars in the country. She is a co-author and member of the Editorial Board of Felix S. Cohen's Handbook of Federal Indian Law, the foundational treatise in the field, and co-author of leading casebooks in both Property Law and American Indian Law. Her articles have appeared in the Michigan Law Review, California Law Review, UCLA Law Review, and the Duke Law Journal, among other publications, and have been excerpted and discussed in many casebooks and edited collections as well as in briefs to the Supreme Court and testimony before Congress.
Professor Berger graduated with honors from Wesleyan University, where she was elected to phi beta kappa, and from Yale Law School. After law school, Professor Berger went to the Navajo and Hopi Nations to serve as the Director of the Native American Youth Law Project of DNA-People's Legal Services. There, she conducted litigation challenging discrimination against Indian children, drafted and secured the passage of tribal laws affecting children, and helped to create a Navajo alternative to detention program. She then became Managing Attorney of Advocates for Children of New York, where she worked on impact litigation and policy reform concerning the rights of children in public education.
At the University of Connecticut School of Law, Professor Berger teaches American Indian Law, Property, Tribal Law, and Conflict of Laws. She is also the Wallace Stevens Professor of Law, a chair named for one of America’s greatest poets, a lawyer who lived and worked in Hartford for most of his life. She has served as a judge for the Southwest Intertribal Court of Appeals and as a visiting professor at Harvard Law School and the University of Michigan Law School.
Senior Adviser, Crito Capital
Dr. Oonagh McDonald, CBE is currently a senior adviser to Crito Capital, a private placement company based in New York.
A former British Member of Parliament, she became an international expert in financial regulation, after losing her seat in the General Election, 1987. She worked with the Asian Development Bank, advising regulatory authorities in a number of countries, including Sri Lanka and Indonesia. More recently, she has worked with USAID in Ukraine and Moldova. She has served as a non-executive director on the board of both financial services companies and regulatory authorities. In 1998, she was awarded the CBE (Commander of the British Empire), a national honor by the Queen for her work in financial regulation.
She is the author of numerous articles and seven books, of which the most recent are: “Holding bankers to account: A decade of market manipulation, regulatory failures and regulatory reforms” (Manchester University Press, 2019) and “Cryptocurrencies: Money, Trust and Regulation” (Agenda Publishing, 2021).
Senior Fellow, Mises Institute
Alex J. Pollock is a Senior Fellow with the Mises Institute, providing thought and policy leadership on financial issues and the study of financial systems. His work includes cycles of booms and busts, financial crises with their political responses, housing finance, government-sponsored enterprises, risk and uncertainty, central banking, banking and financial regulation, corporate governance, retirement finance, student loans, and the politics of finance.
He previously served as the Principal Deputy Director of the Office of Financial Research in the U.S. Treasury Department 2019-2021. He was a Distinguished Senior Fellow with the R Street Institute 2015-2019 and 2021, and a resident fellow at the American Enterprise Institute, 2004-2015. Among the many aspects of his AEI work, he developed the One Page Mortgage Form to give borrowers in clear form the key information they need in order to know what they are committing themselves to. He was President and CEO of the Federal Home Loan Bank of Chicago from 1991 to 2004. There he invented the Mortgage Partnership Finance program, which successfully created front-end mortgage credit risk sharing beginning in 1997. His decades of banking experience include being a Visiting Scholar at the Federal Reserve Bank of St. Louis, 1991.
Pollock was a director of the CME Group 2004-2019 and of Ascendium Education Group 1989-2019. He is a director and past-chairman of the Great Books Foundation and a past president of the International Union for Housing Finance.
He is the co-author of Surprised Again! - The COVID Crisis and the New Market Bubble (2022), and the author of Finance and Philosophy—Why We’re Always Surprised (2018) and Boom and Bust: Financial Cycles and Human Prosperity (2011), as well as numerous articles and Congressional testimony.
Pollock is a graduate of Williams College, the University of Chicago, and Princeton University.
His work is available on alexjpollock.com.
Partner, Cahill Gordon & Reindel LLP; Special Professor of Law, Maurice A. Dean School of Law, Hofstra University
Gary E. Kalbaugh is a nationally recognized leader in commodities, futures, and derivatives law.
Gary is a partner in the New York office of Cahill Gordon & Reindel LLP as well as a Special Professor of Law at the Maurice A. Deane School of Law at Hofstra University, where he teaches derivatives law and banking law.
A preeminent authority in the derivatives field, Gary is the author of the principal treatise Derivatives Law and Regulation (3rd ed. 2021) and serves as Editor-in-Chief of the Futures and Derivatives Law Report, the foremost industry publication. He is a past chair of the New York City Bar Association’s Committee on the Regulation of Futures and Derivatives and has over 15 years of experience as a professor teaching derivatives and banking law.
Gary is the leading derivatives lawyer in the digital assets space, and one of few to truly understand the technical side of emerging financial technology. He serves on the CFTC’s Future of Finance Subcommittee, reflecting his recognized leadership at the intersection of financial regulation and emerging technologies. A frequent speaker, writer, and commentator on derivatives, banking law, artificial intelligence, and digital assets regulation, he has served as conference co-chair for the American Bar Association’s “Artificial Intelligence and Derivatives Market” conference and regularly speaks at major industry conferences on cutting-edge issues in financial regulation and technology. Gary is sought after as a thought leader on the evolving landscape of digital asset regulation and the regulatory implications of AI in financial markets.
At ING, Gary served as Deputy General Counsel and Director, where he chaired swap dealer and security-based swap dealer regulatory committees and provided strategic leadership on U.S., European, and other regulations impacting the organization. He had global responsibility for U.S. derivatives regulatory issues and maintained strong relationships with regulators. Gary also co-developed ING legal’s global artificial intelligence training program and was responsible for U.S. regulatory issues relating to ING’s blockchain-based pilot programs and crypto initiatives.
Previously, Gary served as a lecturer-in-law at Columbia Law School and held senior roles at WestLB, where he was executive director, counsel, and chief U.S. data protection officer and chaired the global Dodd-Frank and underwriting committees. He began his career as an associate at a notable international firm.
Partner, Cahill Gordon & Reindel LLP; Special Professor of Law, Maurice A. Dean School of Law, Hofstra University
Gary E. Kalbaugh is a nationally recognized leader in commodities, futures, and derivatives law.
Gary is a partner in the New York office of Cahill Gordon & Reindel LLP as well as a Special Professor of Law at the Maurice A. Deane School of Law at Hofstra University, where he teaches derivatives law and banking law.
A preeminent authority in the derivatives field, Gary is the author of the principal treatise Derivatives Law and Regulation (3rd ed. 2021) and serves as Editor-in-Chief of the Futures and Derivatives Law Report, the foremost industry publication. He is a past chair of the New York City Bar Association’s Committee on the Regulation of Futures and Derivatives and has over 15 years of experience as a professor teaching derivatives and banking law.
Gary is the leading derivatives lawyer in the digital assets space, and one of few to truly understand the technical side of emerging financial technology. He serves on the CFTC’s Future of Finance Subcommittee, reflecting his recognized leadership at the intersection of financial regulation and emerging technologies. A frequent speaker, writer, and commentator on derivatives, banking law, artificial intelligence, and digital assets regulation, he has served as conference co-chair for the American Bar Association’s “Artificial Intelligence and Derivatives Market” conference and regularly speaks at major industry conferences on cutting-edge issues in financial regulation and technology. Gary is sought after as a thought leader on the evolving landscape of digital asset regulation and the regulatory implications of AI in financial markets.
At ING, Gary served as Deputy General Counsel and Director, where he chaired swap dealer and security-based swap dealer regulatory committees and provided strategic leadership on U.S., European, and other regulations impacting the organization. He had global responsibility for U.S. derivatives regulatory issues and maintained strong relationships with regulators. Gary also co-developed ING legal’s global artificial intelligence training program and was responsible for U.S. regulatory issues relating to ING’s blockchain-based pilot programs and crypto initiatives.
Previously, Gary served as a lecturer-in-law at Columbia Law School and held senior roles at WestLB, where he was executive director, counsel, and chief U.S. data protection officer and chaired the global Dodd-Frank and underwriting committees. He began his career as an associate at a notable international firm.
Senior Adviser, Crito Capital
Dr. Oonagh McDonald, CBE is currently a senior adviser to Crito Capital, a private placement company based in New York.
A former British Member of Parliament, she became an international expert in financial regulation, after losing her seat in the General Election, 1987. She worked with the Asian Development Bank, advising regulatory authorities in a number of countries, including Sri Lanka and Indonesia. More recently, she has worked with USAID in Ukraine and Moldova. She has served as a non-executive director on the board of both financial services companies and regulatory authorities. In 1998, she was awarded the CBE (Commander of the British Empire), a national honor by the Queen for her work in financial regulation.
She is the author of numerous articles and seven books, of which the most recent are: “Holding bankers to account: A decade of market manipulation, regulatory failures and regulatory reforms” (Manchester University Press, 2019) and “Cryptocurrencies: Money, Trust and Regulation” (Agenda Publishing, 2021).
Senior Fellow, Mises Institute
Alex J. Pollock is a Senior Fellow with the Mises Institute, providing thought and policy leadership on financial issues and the study of financial systems. His work includes cycles of booms and busts, financial crises with their political responses, housing finance, government-sponsored enterprises, risk and uncertainty, central banking, banking and financial regulation, corporate governance, retirement finance, student loans, and the politics of finance.
He previously served as the Principal Deputy Director of the Office of Financial Research in the U.S. Treasury Department 2019-2021. He was a Distinguished Senior Fellow with the R Street Institute 2015-2019 and 2021, and a resident fellow at the American Enterprise Institute, 2004-2015. Among the many aspects of his AEI work, he developed the One Page Mortgage Form to give borrowers in clear form the key information they need in order to know what they are committing themselves to. He was President and CEO of the Federal Home Loan Bank of Chicago from 1991 to 2004. There he invented the Mortgage Partnership Finance program, which successfully created front-end mortgage credit risk sharing beginning in 1997. His decades of banking experience include being a Visiting Scholar at the Federal Reserve Bank of St. Louis, 1991.
Pollock was a director of the CME Group 2004-2019 and of Ascendium Education Group 1989-2019. He is a director and past-chairman of the Great Books Foundation and a past president of the International Union for Housing Finance.
He is the co-author of Surprised Again! - The COVID Crisis and the New Market Bubble (2022), and the author of Finance and Philosophy—Why We’re Always Surprised (2018) and Boom and Bust: Financial Cycles and Human Prosperity (2011), as well as numerous articles and Congressional testimony.
Pollock is a graduate of Williams College, the University of Chicago, and Princeton University.
His work is available on alexjpollock.com.
Deputy Counsel, Wisconsin Institute for Law & Liberty
Lucas Vebber is deputy counsel at the Wisconsin Institute for Law & Liberty ("WILL") in Milwaukee, Wisconsin. At WILL he litigates cases in state and federal courts where he focuses on separation of powers and regulatory issues. His litigation efforts have won several national awards, and he has been named a Legal All Star by the Wisconsin Law Journal.
Before joining WILL Lucas worked in a variety of roles in Madison, most recently serving as General Counsel and Director of the Litigation Center at Wisconsin Manufacturers & Commerce, the state’s chamber of commerce and manufacturers’ association. Prior to that Lucas worked for the state in both the legislature and executive branch.
Lucas has a bachelor’s degree from Marquette University in Milwaukee and a law degree from the University of Saint Thomas in Minneapolis.
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.
Litigation Update: Title VII Cases
John J. Bursch
RG & GR Harris Funeral Homes has been serving the Detroit area for more than...
Litigation Update: Cedar Point Nursery v. Shiroma
Bethany Berger
On May 8, 2019, the Ninth Circuit issued a 2-1 decision in Cedar Point Nursery...
Deep Dive Episode 58 – LIBOR – Will a $200 Trillion Global Benchmark Disappear – or Not?
Oonagh Ann McDonald, Alex J. Pollock, Gary Kalbaugh
Regulatory Transparency Project's Fourth Branch Podcast
LIBOR is a hugely important interest rate benchmark, used globally and embedded in over $200...
Topics
Emerging Tech and Regulation: What Will the Future Hold?
In March, the Pepperdine Law Review cohosted a symposium with the Regulatory Transparency Project on "Regulating Tech:...
LIBOR – Will a $200 Trillion Global Benchmark Disappear – or Not?
Gary Kalbaugh, Oonagh Ann McDonald, Alex J. Pollock
Financial Services Practice Groups and Regulatory Transparency Project Teleforum
LIBOR is a hugely important interest rate benchmark, used globally and embedded in over $200...
Topics
Before and After – A Bipartisan Effort to Improve Federal Regulations
Have you ever commented on proposed regulations, urging the issuing agency to make changes before...
Topics
The Take Care Act
Yesterday, Senator Lee introduced a nine-page bill that would, following the next presidential election, eliminate...
Topics
Eagle Feathers: An Opportunity for the Administration to Advance Religious Liberty and the Rule of Law
Under current federal law, it’s a crime for just about anyone to possess even a...
Dear Colleague: Guidance Documents & Executive Agencies [POLICYbrief]
Lucas Vebber
Short video featuring Lucas Vebber
Commonly used by federal agencies, guidance documents are intended to educate people regarding the implementation...
Deep Dive Episode 57 – Payday Lending Loans
Todd J. Zywicki
Regulatory Transparency Project's Fourth Branch Podcast
One of the final acts of former Bureau of Consumer Financial Protection (CFPB) Director Richard...