President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Staff Attorney, National Right to Work Foundation
Aaron Solem is a staff attorney at the National Right to Work Legal Defense Foundation, where he represents both private and public sector employees in state and federal courts, as well as before administrative agencies.
Aaron was co-counsel in Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018), a major Supreme Court case establishing that it violates the First Amendment to force public sector employees to pay compulsory fees. Additionally, Aaron’s track record in federal court includes being co-counsel in Stewart v. NLRB, 851 F.3d 21 (D.C. Cir. 2017); Tamosiunas v. NLRB, 892 F.3d 422 (D.C. Cir. 2018); and UNAP v. NLRB, 975 F.3d 34 (1st Cir. 2020). He was also lead counsel in Sands v. NLRB, 825 F.3d 778 (D.C. Cir. 2016), where he successfully vacated an unfavorable NLRB decision.
Aaron is also experienced in representing employees before the National Labor Relations Board. Aaron won a major victory in NABET, Local 51, 371 NLRB No. 15 (2021), establishing the unlawfulness of threatening evidence preservation letters under the National Labor Relations Act. He also frequently represents and advises decertification petitioners, including the decertification petitioners in Americold Logistics, 362 NLRB 493 (2015); Pinnacle Foods Grp., 368 NLRB No. 97 (2019); and Geodis Logistics, 371 NLRB No. 102 (2022).
Aaron earned his law degree with honors from the University of Notre Dame Law School and currently resides in Bethesda, Maryland.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Shareholder, Littler Mendelson P.C.
James A. Paretti, Jr. is an experienced management-side employment and labor relations attorney with in-depth political and policy knowledge of labor, pension, healthcare and employment law, regulations and legislation. Jim is well versed in all aspects of legislative and political processes with demonstrated knowledge in the substance of federal labor and employment policy. He has over two decades of experience working with federal legislators and policymakers, including former Speaker of the U.S. House of Representatives, Chairmen of the U.S. House Committee on Education and the Workforce, and senior level administration officials.
Prior to joining Littler, Jim was chief of staff and senior counsel to the acting chair of the Equal Employment Opportunity Commission. He provided legal and political counsel with respect to all aspects of agency business, administered and managed the Office of the Chair where he was responsible for over 2,200 employees and a 375 million dollar annual budget, and served as primary liaison to regulated stakeholders and Capitol Hill.
His extensive experience includes developing policy and providing legal counsel on the Committee on Education and Labor in the U.S. House of Representatives as well as coordinating external communications and media relations for a senior member of Congress. Jim represented corporate and nonprofit clients in employment litigation in federal and state court, before administrative agencies and in private arbitration while with two Boston firms.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Shareholder, Littler Mendelson P.C.
James A. Paretti, Jr. is an experienced management-side employment and labor relations attorney with in-depth political and policy knowledge of labor, pension, healthcare and employment law, regulations and legislation. Jim is well versed in all aspects of legislative and political processes with demonstrated knowledge in the substance of federal labor and employment policy. He has over two decades of experience working with federal legislators and policymakers, including former Speaker of the U.S. House of Representatives, Chairmen of the U.S. House Committee on Education and the Workforce, and senior level administration officials.
Prior to joining Littler, Jim was chief of staff and senior counsel to the acting chair of the Equal Employment Opportunity Commission. He provided legal and political counsel with respect to all aspects of agency business, administered and managed the Office of the Chair where he was responsible for over 2,200 employees and a 375 million dollar annual budget, and served as primary liaison to regulated stakeholders and Capitol Hill.
His extensive experience includes developing policy and providing legal counsel on the Committee on Education and Labor in the U.S. House of Representatives as well as coordinating external communications and media relations for a senior member of Congress. Jim represented corporate and nonprofit clients in employment litigation in federal and state court, before administrative agencies and in private arbitration while with two Boston firms.
Partner, Clement & Murphy, PLLC
Paul served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years.
Paul has argued over 100 cases before the United States Supreme Court, including McConnell v. FEC, Tennessee v. Lane, United States v. Booker, MGM v. Grokster, Hobby Lobby v. Burwell, Epic Systems Corp. v. Lewis, Rucho v. Common Cause, Facebook v. Duguid, and TransUnion v. Ramirez. Paul has argued more Supreme Court cases since 2000 than any lawyer in or out of government. He has also argued many important cases in the lower courts, including Walker v. Cheney, United States v. Moussaoui and NFL v. Brady.
Paul’s practice focuses on appellate matters, constitutional litigation and strategic counseling. He represents a broad array of clients in the Supreme Court and in federal and state appellate courts. Last year, for example, he successfully argued Supreme Court cases involving significant issues of energy regulation, statutory interpretation, state sovereign immunity and Article III standing, and successfully argued a trademark appeal in the Fourth Circuit, and a constitutional appeal before the en banc Eleventh Circuit.
Paul focuses on high-stakes appeals. In recent years, he successfully defended a $1.2 billion jury verdict for clients in a Tenth Circuit case, while securing the reversal of an over $2 billion jury verdict for another client in the Seventh Circuit and the approval of a nearly $1 billion dollar class action settlement in the Third Circuit. He has initiated major administrative law challenges and constitutional litigation against the federal government, such as the successful challenge to the HHS drug-pricing rule and threatened challenges that led to the withdrawal of the Treasury Department’s proposed cryptocurrency regulations. He also counsels clients on a variety of strategic legal questions, whether arising from pending legislation, government inquiries or ongoing litigation.
Paul has undertaken substantial pro bono engagements in the Supreme Court, such as twice successfully representing the defendant in Bond v. United States and successfully representing the Omaha Tribe in Nebraska v. Parker, the guardian ad litem in Adoptive Couple v. Baby Girl, the defendant in Sekhar v. United States, a high school football coach in Kennedy v. Bremerton, and the Little Sisters of the Poor. Paul’s pro bono representation also precipitated the federal government’s confession of error in United States v. Rojas.
Following law school, Paul clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. After his clerkships, he went on to serve as Chief Counsel of the U.S. Senate Subcommittee on the Constitution, Federalism and Property Rights.
Paul is a Distinguished Lecturer in Law at the Georgetown University Law Center, where he has taught in various capacities since 1998. He also serves as a Senior Fellow of the Law Center’s Supreme Court Institute. He is the Justice Joseph Story Distinguished Practitioner in Residence at the Gray Center at Scalia Law School.
Kenneth F. Kahn '69 Dean and Martin F. Scheinman Professor of Conflict Resolution, School of Industrial and Labor Relations, Cornell University
Alexander Colvin, Ph.D. '99, is the Kenneth F. Kahn '69 Dean and the Martin F. Scheinman ’75, MS ‘76 Professor of Conflict Resolution at the ILR School, Cornell University. He is an associate member of the Cornell Law Faculty. His research and teaching focuses on employment dispute resolution, with a particular emphasis on procedures in nonunion workplaces and the impact of the legal environment on organizations. His current research projects include empirical investigations of employment arbitration and a cross-national study of labor and employment law change in the Anglo-American countries. He has published articles in journals such as Industrial & Labor Relations Review, Industrial Relations, British Journal of Industrial Relations, Personnel Psychology, Relations Industrielles, the Ohio State Journal on Dispute Resolution, and the Cornell Journal of Law & Public Policy. He is also co-author (with Harry C. Katz and Thomas A. Kochan) of the textbook An Introduction to Collective Bargaining and Industrial Relations, 4th edition (Irwin-McGraw-Hill).
Dean Colvin received his J.D. in 1992 from the University of Toronto and his Ph.D. in 1999 from Cornell University. He received the 2003 Outstanding Young Scholar Award from the Industrial Relations Research Association (IRRA) and the 2000 Best Dissertation Award from the IRRA for his dissertation entitled “Citizens and Citadels: Dispute Resolution and the Governance of Employment Relations”. Before joining the faculty of the ILR School in 2008, he taught at Penn State University from 1999-2008.
Founding Principal, Gupta Wessler PLLC
Deepak Gupta is the founding principal of Gupta Wessler PLLC. He focuses on Supreme Court, appellate, and complex litigation on a wide range of issues, including constitutional law, class actions, and consumers’ and workers’ rights.
Deepak is “known as a skilled appellate lawyer” (New York Times), “one of the emerging giants of the appellate and the Supreme Court bar,” a “heavy hitter,” and a “principled” and “incredibly talented lawyer” (Law 360). He is described in Chambers and Partners USA as “an excellent lawyer” with a “vibrant appellate practice focused on public interest cases and plaintiff-side representations.” Fastcase recently recognized him as “one of the country’s top litigators,” noting that “what sets him apart” is his legal creativity. The National Law Journal has singled out Deepak’s “calm, comfortable manner that conveys confidence” in oral argument.
Deepak regularly appears in the U.S. Supreme Court and appellate courts nationwide. In the 2016-2017 U.S. Supreme Court term, Deepak’s firm was counsel of record for parties in three merits cases; he was lead counsel in two, prevailing in both. Beyond the Supreme Court, Deepak has handled appeals in every federal circuit and seven state supreme courts. He is frequently sought out by trial lawyers to defend their most consequential victories or resurrect worthy claims on appeal—often after years of hard-fought litigation. He also works with co-counsel to design cases from the ground up—focusing on class actions and administrative and constitutional challenges. In one class action, Deepak represented all of the nation’s federal bankruptcy judges, recovering more than $50 million in back pay for the judges over Congress’s violation of the Constitution’s Judicial Compensation Clause. As the American Lawyer observed, “it’s hard to imagine a higher compliment than being hired to represent federal judges.”
Deepak’s clients have included national nonprofits, state and local governments, members of Congress, retail merchants, tech companies, and classes of consumers and workers harmed by corporate wrongdoing. He currently represents the American Association for Justice (on forced arbitration and civil justice issues), Everytown for Gun Safety (in Second Amendment litigation), and Citizens for Responsibility and Ethics in Washington (in litigation over the Emoluments Clauses).
Before founding the firm in 2012, Deepak served as Senior Counsel for Litigation and Senior Counsel for Enforcement Strategy at the Consumer Financial Protection Bureau. As the first appellate litigator hired under Elizabeth Warren’s leadership, he launched the Bureau’s amicus program, defended its regulations, and worked with the Solicitor General’s office on Supreme Court matters. For seven years previously, he was an attorney at Public Citizen Litigation Group, where he founded and directed the Consumer Justice Project and was the Alan Morrison Supreme Court Project Fellow. Before that, he worked on voting rights litigation at the Civil Rights Division of the U.S. Department of Justice, prisoners’ rights litigation at the ACLU, and religion clause litigation at Americans United for Separation of Church and State.
Deepak frequently engages in public advocacy and speaking, has testified multiple times before the U.S. House of Representatives and U.S. Senate, and appears frequently in the national print and broadcast media. He is currently a 2018-2019 Wasserstein Public Interest Fellow at Harvard Law School and has previously taught courses on public interest law and appellate advocacy as an Adjunct Professor of Law at Georgetown and American universities. He served as a law clerk to Judge Lawrence K. Karlton of the U.S. District Court for the Eastern District of California and studied law at Georgetown, Sanskrit at Oxford, and philosophy at Fordham.
Deepak is an elected member of the American Law Institute and sits on the boards of directors of the National Consumer Law Center, The Impact Fund, and the Alliance for Justice, and the advisory boards of the University of California’s Civil Justice Research Initiative, the Biden Institute, and the Institute for Consumer Antitrust Studies.
Judge, United States Court of Appeals, Sixth Circuit
The Honorable Joan L. Larsen is a judge of the United States Court of Appeals for the Sixth Circuit. She was nominated by the President on May 8, 2017 and confirmed by the Senate on November 1, 2017. Before her appointment to the federal bench, Judge Larsen served two terms as a Justice of the Michigan Supreme Court, where she was the court’s liaison to Michigan’s drug, sobriety, mental health and veteran’s courts.
Before becoming a judge, Judge Larsen was a faculty member at the University of Michigan Law School, where she was also Special Counsel to the Dean and received the L. Hart Wright Award for Excellence in Teaching. Judge Larsen's research and teaching interests included constitutional law, criminal procedure, statutory interpretation, and presidential power. Judge Larsen continues to assist the law school as the adviser to the Henry M. Campbell Moot Court Competition.
Judge Larsen began her legal career as a law clerk to the Hon. David B. Sentelle of the United States Court of Appeals for the D.C. Circuit and to Justice Antonin Scalia of the Supreme Court of the United States. Following her clerkships, she joined the law firm of Sidley Austin, where she was a member of the Constitutional, Criminal, and Civil Litigation Section. She later served as Deputy Assistant Attorney General in the United States Department of Justice, Office of Legal Counsel.
Judge Larsen graduated first in her class from Northwestern University School of Law, where she served as articles editor of the Northwestern University Law Review and earned the John Paul Stevens Award for Academic Excellence. She received her B.A., with highest honors, from the University of Northern Iowa.
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.
Partner, Mayer Brown LLP
Andrew Pincus is a partner in Mayer Brown LLP resident in Washington, D.C. His practice focuses on Supreme Court and appellate litigation.
Andy has argued 29 cases in the Supreme Court of the United States, including Lamps Plus, Inc. v. Varela and Frank v. Gaos in the October 2018 Term; as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy’s victory in AT&T Mobility v. Concepcion (2011), as the most important Supreme Court class action decision of the last 15 years.
Andy appears regularly before federal and state appellate courts and federal district courts. His practice also includes written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues.
A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.
While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.
Andy is a graduate of Yale College and Columbia Law School, where he was a Notes & Comments Editor of the Columbia Law Review. He served as Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982).
Surviving COVID-19: The Small Business Perspective
Karen Harned
As small businesses across the country grapple with the current and potential impacts associated with...
The National Labor Relations Board’s New Election Rules: Do they Protect or Undermine Employee Free Choice?
Aaron Becket Solem
The National Labor Relations Board (NLRB) has used rulemaking only a few times through the...
Deep Dive Episode 107 – COVID-19 in the Workplace: Mandated Paid Sick Leave
Karen Harned, James A. Paretti
Regulatory Transparency Project's Fourth Branch Podcast
On March 18, the Senate passed and the President signed into law the “Families First...
COVID-19 in the Workplace: Mandated Paid Sick Leave
Karen Harned, James A. Paretti
On March 18, the Senate passed and the President signed into law the “Families First...
Topics
Right to Work Foundation Asks NLRB to Enforce Cannabis Industry Workers’ Rights against State Schemes to Force Them into Union Ranks
Yesterday the National Right to Work Legal Defense Foundation called on National Labor Relations Board...
Topics
Half-Baked Benefits: New Jersey Repeats the Mistakes of the Past in Its New Portable-Benefit Law for Gig Workers
Sometimes, if you repeat a crazy idea long enough, it can start to seem reasonable....
Topics
The Gig is Up?
Raise your hand if you took a ride with Uber or Lyft this week. Now...
Deep Dive Episode 85 – State Regulators and the Gig Economy
Regulatory Transparency Project and Labor & Employment Law Practice Group Teleforum
Gig-economy companies like Uber, Lyft, DoorDash, and others have disrupted sectors across the economy. They’ve...
Topics
The NLRB and Weaponization of Recusal Motions
National Labor Relations Board member William Emmanuel has been under attack almost immediately after and...
Arbitration in the #MeToo Era
Paul D. Clement, Alexander J.S. Colvin, Deepak Gupta, Joan Larsen, Tammy Dee McCutchen, Andrew J. Pincus
2019 National Lawyers Convention
Over the last decade, the U.S. Supreme Court has repeatedly recognized the primacy of the...