Edward F. Berbarie represents and advises clients in a wide range of employment and traditional labor related matters. Mr. Berbarie is board certified in labor and employment law by the Texas Board of Legal Specialization, and he has significant experience in representing and advising clients in complex commercial disputes.
Mr. Berbarie is one of the firm’s subject matter resources in the field of employment arbitration agreements and a core member of Littler’s Alternative Dispute Resolution Practice Group. A large part of his practice is devoted to drafting and enforcing arbitration agreements and arbitrating labor and employment matters. He has argued arbitration enforcement issues in state and federal courts across the country, including appellate and state supreme courts. He was counsel for petitioner in a case involving arbitration enforcement issues that was successful before the U. S. Supreme Court. He frequently writes and speaks on arbitration topics, including the latest developments in arbitration law.
Mr. Berbarie has defended clients in all types of cases from single-plaintiff matters to class action and collective actions. Additionally, he has successfully defended management numerous times against grievances and unfair labor practice charges.
Vice President and Legal Director, National Right to Work Legal Defense and Education Foundation, Inc.
William Messenger is Foundation Vice President and Legal Director. He was a staff attorney for over twenty years and, during that time, represented individuals in numerous cases that sought to expand worker freedom of choice. This includes acting as lead counsel in three cases before the United States Supreme Court. In 2018, Messenger argued Janus v. AFSCME Council 31, where the Supreme Court held it violates the First Amendment for governments and unions to compel individuals to financially support unions and their speech. Originally from Youngstown Ohio, Messenger attended Ohio University as an undergraduate and then the George Washington University School of Law.
Shareholder, Littler Mendelson P.C.
Maury Baskin focuses his Washington, DC-based practice on national labor policy, challenging excessive government regulation on behalf of small and large businesses, while advising employers in compliance issues. He has extensive experience in dealing with labor relations and union pressure tactics, employment discrimination and wage and hour law. He has represented a variety of industry sectors, advising clients involved in construction, government contracting, higher education, telecommunications, hospitality, security, and nonprofits.
Mr. Baskin has served as lead counsel at all levels of the federal and state courts and before the U.S. Supreme Court, and has recently led successful challenges against nationwide federal labor regulations on behalf of multi-industry coalitions, including the 2016 “white collar” overtime rule and the so-called “blacklisting” rule. He has also succeeded in the courts in numerous cases involving the National Labor Relations Board (NLRB) and the Department of Labor (DOL). Mr. Baskin is the Chair of Littler's Construction Industry Group and has long represented the Associated Builders and Contractors (ABC) national trade association and many of its construction industry members. On their behalf, he has been one of the leading advocates against government-mandated project labor agreements, prevailing wage expansion, and union corporate campaigns.
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.
Ohio Attorney General
As Attorney General, Mike DeWine’s priority is protecting Ohio’s families.
To better protect our kids, Attorney General DeWine created a special Crimes Against Children Unit to help identify, arrest, and convict sexual predators. He has also increased training for law enforcement and educators to help improve school safety, as well as human trafficking, child abuse, missing children, bullying and the needs of foster youth.
Attorney General DeWine is working to rebuild Ohio’s neighborhoods, investing $75 million from the national mortgage settlement to help demolish abandoned and blighted properties. He has also made commitments to support anti-gun violence programs and community groups that are working to repair our hardest-hit communities.
On his first day in office, Attorney General DeWine joined in the federal lawsuit challenging the constitutionality of Obamacare. In addition he is working hard to make sure his office provides cutting-edge criminal investigation and law enforcement training services, is rooting out public corruption, and helping to create a legal climate in Ohio that encourages businesses to invest in the state and create jobs.
DeWine has also devoted resources to fighting Ohio’s prescription drug abuse and heroin problems, increased the number of criminal prosecutions in consumer fraud cases, and dramatically decreased the turn-around time for testing of DNA evidence. He has dedicated resources to testing all of Ohio’s old sexual assault kits, which is leading to the convictions of sexual predators.
Attorney General DeWine has a long and distinguished career in public service focusing on protecting Ohio children and families. DeWine served as Greene County Prosecuting Attorney, in the Ohio State Senate, in the United States House of Representatives, as Ohio Lieutenant Governor and in the United States Senate.
Mike DeWine grew up in Yellow Springs, Ohio and married his high school sweetheart, Frances Streuwing, while both were students at Miami University. The DeWines, who have resided in Cedarville Township since Mike graduated from law school, are the parents of eight children and 22 grandchildren.
Partner, Ashbrook Byrne Kresge Flowers LLC
Ben Flowers, a partner at Ashbrook Byrne Kresge Flowers LLC, is an accomplished litigator with experience briefing, arguing, and winning high-stakes cases in courts throughout the country.
Before joining the law firm, Ben served as Ohio's 10th Solicitor General. In that role he regularly represented the State of Ohio before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the Supreme Court of Ohio. Most prominently, in National Federation of Independent Business v. Department of Labor, Ben led a multi-state challenge to OSHA's vaccine mandate, ultimately prevailing before the Supreme Court.
Ben is a graduate of The Ohio State University and the University of Chicago Law School. Following law school, Ben clerked for Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the Supreme Court of this United States. Ben lives in Upper Arlington, Ohio with his wife Denise and their three very active children.
Warren County Prosecutor, State of Ohio
David P. Fornshell was sworn-in as the 38th Prosecuting Attorney of Warren County on February 17, 2011. David comes to the Prosecutor's Office after most recently serving as a partner in the litigation department at Dinsmore & Shohl LLP in Cincinnati. David started his legal practice with Dinsmore in 1999 and still maintains an Of Counsel affiliation with the firm. From 1999-2007, David also served as Prosecuting Attorney for the City of Blue Ash, Ohio.
David is actively involved in the community and serves as a member of the FBI Joint Terrorism Task Force, Ohio Prosecuting Attorney’s Association Executive and Legislative Committees, Warren County Drug Task Force Policy Board, Child Advocacy Center of Warren County Steering Committee, Ralph J. Stolle Countryside YMCA Board of Directors, and various other volunteer boards and committees. David is also the former Chairman of the Warren County Board of Elections, former Chairman of the Warren County Republican Party, former Secretary of the Warren County Board of MR/DD, and former Admissions Committee Chairperson of the Warren County Bar Association.
Since becoming Warren County Prosecutor, David has expanded the Prosecutor’s Office’s community outreach efforts. Most recently, David developed and conducted training for board members, officers, and volunteers of charitable, church, booster, youth sports, and other not-for-profit organizations on how to protect against internal organizational theft. He has also developed and conducted age-appropriate presentations for numerous Warren County high school, junior high school, middle school, and elementary school students on topics such as school threats, sexting, date rape, and juvenile decision-making.
David has prosecuted cases receiving international and national attention, including cases profiled by the BBC documentary series Life and Death Row, Good Morning America, Fox News, CNN, MSNBC, The Washington Post, The New York Times, The UK Daily Mail, and numerous other international and national publications. David also served as a legal consultant for a network television series crime drama.
A seventh-generation Warren County resident, David grew up in the Lebanon/Turtlecreek Township area where he graduated from Lebanon High School. David graduated summa cum laude from Ohio University where he received degrees in Finance and Business Prelaw. David received his Juris Doctor from Pepperdine University School of Law in Malibu, California, finishing in the top 10% of his graduating class. While at Pepperdine, David served on the Pepperdine Law Review, Pepperdine Moot Court Board, and also worked as a legal research and writing teaching assistant. David also won the Best Advocate Award at both the 1998 National Moot Court Competition (Los Angeles) and the 1999 Sutherland Cup National Constitutional Law Competition (Washington, D.C.), and received the American Jurisprudence Award for Civil Procedure I and Civil Procedure II.
David and his wife Amy reside in the Lebanon area with their three children. Over the past decade, David has served as volunteer coach for Lebanon youth football, basketball, baseball, and fast-pitch softball organizations. He and his family are active in Lebanon Presbyterian Church.
Judge, United States Court of Appeals, Sixth Circuit
Eric Murphy has been a Judge on the United States Court of Appeals for the Sixth Circuit since March 2019. He previously served as the ninth State Solicitor of Ohio. In that role, Eric briefed and argued appellate cases on behalf of Ohio and its state agencies and officers in the U.S. Supreme Court, the U.S. Court of Appeals for the Sixth Circuit, and the Ohio Supreme Court. Before his appointment as State Solicitor, Eric practiced appellate litigation at Jones Day. After graduation from law school, he served as a law clerk for Justice Anthony M. Kennedy of the Supreme Court of the United States, and Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit. He received his law degree from the University of Chicago and his undergraduate degree from Miami University.
Attorney General, State of Ohio
Dave Yost was re-elected as Ohio’s 51st attorney general on Nov. 8, 2022, receiving more votes than any other attorney general in the state’s history.
During his first term as the state’s chief legal officer, he quickly gained a national reputation as a fearless advocate for the rule of law — or, as he puts it, “the same rules for everybody.”
Yost’s goal is to “do big good” for the people of Ohio by protecting consumers, rooting out corruption, defending the environment, ensuring an open and competitive marketplace, and fulfilling the many other duties of the Ohio Attorney General’s Office.
Yost began his public-service career as Delaware County auditor, later winning election as that county’s prosecutor. From 2011 through 2018, he served as Ohio’s auditor of state and, in January 2019, began his first term as attorney general.
Yost earned his bachelor’s degree from The Ohio State University and law degree from Capital University. He and his wife, Darlene, live in Franklin County; they have three grown children and five grandchildren.
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Right to Work Laws in the Courts — More Bad News for Union Challengers
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What's Sauce for the Goose Is Sauce for the Gander, Even at the National Labor Relations Board
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