Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
U.S. Attorney, Middle District of Tennessee, U.S. Department of Justice
Braden Boucek was sworn in on December 24, 2025, as the United States Attorney for the Middle District of Tennessee. Prior to becoming United States Attorney, Mr. Boucek served as the senior vice president of litigation at the Southeastern Legal Foundation having previously served as the vice president of legal affairs at the Beacon Center. Mr. Boucek has extensive experience as a prosecutor, starting his career at the Tennessee Attorney General’s Office before serving for two years as an Assistant District Attorney General in Williamson County. He was a federal prosecutor for ten years, first serving as an Assistant United States Attorney in the Western District of Tennessee from 2005 to 2011. From 2011 to 2015, Mr. Boucek was an Assistant United States Attorney in the Middle District of Tennessee, the district he now leads as the United States Attorney.
Managing Partner - Washington, D.C., Lewis Brisbois Bisgaard & Smith LLP
Jane Luxton is the Managing Partner of Lewis Brisbois’ Washington, D.C. office, co-chair of the Government Investigations & White Collar Defense Practice, co-chair of the Government Relations Group Leadership, co-chair of the Environmental and Administrative Law Practice, and vice-chair of the Consumer Financial Services Practice. Jane has extensive experience in environmental as well as other federal regulatory, policy, and litigation matters. She advises businesses, associations, and coalitions in navigating all levels of the federal regulatory process, including appellate advocacy.
Recent matters include:
Jane’s knowledge of environmental and administrative law gained key insights from her experience serving in several prominent positions in the U.S. government. From 2007-2009, she served as general counsel of the National Oceanic and Atmospheric Administration, advising the Undersecretary of Commerce for Oceans and Atmosphere on legal and policy issues related to natural resource damages, coastal zone and fisheries management, endangered species and marine mammal protection, and weather and climate change science. In this role, in which she held a top secret/SCI security clearance, Jane was appointed by the President to head the U.S. delegation to the 2008 Western and Central Pacific Fisheries Commission. She also received the U.S. Department of Commerce Gold Medal Award in 2008 and 2009.
Jane’s experience includes “first chair” prosecution of antitrust and other criminal cases at the U.S. Department of Justice and U.S. Attorneys office, Eastern District of Virginia. In private practice, Jane has represented clients in grand jury and other government investigations.
U.S. Attorney, Middle District of Tennessee, U.S. Department of Justice
Braden Boucek was sworn in on December 24, 2025, as the United States Attorney for the Middle District of Tennessee. Prior to becoming United States Attorney, Mr. Boucek served as the senior vice president of litigation at the Southeastern Legal Foundation having previously served as the vice president of legal affairs at the Beacon Center. Mr. Boucek has extensive experience as a prosecutor, starting his career at the Tennessee Attorney General’s Office before serving for two years as an Assistant District Attorney General in Williamson County. He was a federal prosecutor for ten years, first serving as an Assistant United States Attorney in the Western District of Tennessee from 2005 to 2011. From 2011 to 2015, Mr. Boucek was an Assistant United States Attorney in the Middle District of Tennessee, the district he now leads as the United States Attorney.
Managing Partner - Washington, D.C., Lewis Brisbois Bisgaard & Smith LLP
Jane Luxton is the Managing Partner of Lewis Brisbois’ Washington, D.C. office, co-chair of the Government Investigations & White Collar Defense Practice, co-chair of the Government Relations Group Leadership, co-chair of the Environmental and Administrative Law Practice, and vice-chair of the Consumer Financial Services Practice. Jane has extensive experience in environmental as well as other federal regulatory, policy, and litigation matters. She advises businesses, associations, and coalitions in navigating all levels of the federal regulatory process, including appellate advocacy.
Recent matters include:
Jane’s knowledge of environmental and administrative law gained key insights from her experience serving in several prominent positions in the U.S. government. From 2007-2009, she served as general counsel of the National Oceanic and Atmospheric Administration, advising the Undersecretary of Commerce for Oceans and Atmosphere on legal and policy issues related to natural resource damages, coastal zone and fisheries management, endangered species and marine mammal protection, and weather and climate change science. In this role, in which she held a top secret/SCI security clearance, Jane was appointed by the President to head the U.S. delegation to the 2008 Western and Central Pacific Fisheries Commission. She also received the U.S. Department of Commerce Gold Medal Award in 2008 and 2009.
Jane’s experience includes “first chair” prosecution of antitrust and other criminal cases at the U.S. Department of Justice and U.S. Attorneys office, Eastern District of Virginia. In private practice, Jane has represented clients in grand jury and other government investigations.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Attorney, Institute for Justice
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
One of Anya’s PIA cases—Gonzalez v. Trevino—was heard by the United States Supreme Court on March 20, 2024. She argued the case for the petitioner, with the goal of convincing the Justices that retaliatory arrests not involving on-the-spot decisions by police officers should be actionable under the First Amendment regardless of probable cause. The decision is expected in June.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
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Yes, Congress Has Constitutional Authority to Protect Unborn Children
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, holding that the Constitution...
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A Federal Gestational Age Abortion Ban is the Wrong (and Unconstitutional) Hill for the Pro-Life Movement to Die On
In Dobbs v. Jackson Women’s Health Organization, decided in June 2022, the Supreme Court overruled...
The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace
Tammy Dee McCutchen, Alexander T. MacDonald
Federalist Society Review, Volume 24
There is a war on independent contracting. Martial metaphors are often overworked in the law....
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Federal Appellate Court Upholds State Ban on Gender Medicine for Minors
Recently, the Sixth Circuit upheld Tennessee’s ban on so-called gender-affirming medical interventions for minors. Of...
A Discussion on NMFS’s Regulatory Authority: Whales, Speed Limits, and Legal Questions
Braden H. Boucek, Jane Luxton
A Regulatory Transparency Project Webinar
The National Marine Fisheries Service (NMFS), an arm of the National Oceanic and Atmospheric Administration...
A Discussion on NMFS’s Regulatory Authority: Whales, Speed Limits, and Legal Questions
Braden H. Boucek, Jane Luxton
A Regulatory Transparency Project Webinar
The National Marine Fisheries Service (NMFS), an arm of the National Oceanic and Atmospheric Administration...
Topics
Tyler v. Hennepin County: Why This Seemingly Innocent Decision is Disquieting
A Supreme Court ruling, like many other things, may not be quite what it seems....
Courthouse Steps Decision: Haaland v. Brackeen
Jennifer H. Weddle
On Thursday, June 15, 2023, the Supreme Court issued its decision in Haaland v. Brackeen....
Courthouse Steps Decision: Haaland v. Brackeen
Jennifer H. Weddle
On Thursday, June 15, 2023, the Supreme Court issued its decision in Haaland v. Brackeen....
Burnett v. Smith & Implied Rights of Action
Anya Bidwell, Erin M. Hawley
If a federal agent violates a citizen’s constitutional rights, does a justiciable cause of action...