Associate, Wiley Rein LLP
Joel S. Nolette is an associate at Wiley Rein LLP, where he advocates on behalf of corporate and individual clients in a broad spectrum of complex litigation matters. In 2017, Joel graduated cum laude from the Georgetown University Law Center, where he served as the Editor in Chief of Volume 15 of the Georgetown Journal of Law and Public Policy. From 2019 to 2021, Joel clerked for the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit; and from 2021 to 2022, he clerked for the Honorable Timothy J. Kelly of the U.S. District Court for the District of Columbia. Before attending law school, Joel graduated summa cum laude from Gordon College in Wenham, MA, with his Bachelor of Arts in Biblical Studies and worked as a letter carrier with the U.S. Postal Service.
Partner, Duane Morris LLP; Managing Principal, Duane Morris Institute
Jonathan A. Segal is a partner at Duane Morris LLP in the Employment, Labor, Benefits and Immigration Practice Group. He is also the managing principal of the Duane Morris Institute. The Duane Morris Institute provides training for human resource professionals, in-house counsel, benefits administrators and managers at Duane Morris, at client sites and by way of webinar on myriad employment, labor, benefits and immigration matters.
Previously a litigator, Jonathan’s practice now focuses almost entirely on helping employers meet their business objectives or missions by minimizing legal risk, maximizing compliance and focusing on relationship with business objectives or mission and legal requirements or restrictions.
Partner & Deputy General Counsel, Wiley Rein LLP
Rick is a trial lawyer and appellate advocate. As an Assistant U.S. Attorney for the Southern District of New York, Rick learned to love nothing so much as going to trial, unless it is crafting briefs and presenting oral argument in an important appeal. Assistants in that office were fortunate to be able to do both.
Rick represents lawyers and other professionals in malpractice claims, defends insurers in coverage and “bad faith” litigation, and represents clients in commercial litigation. He also represents lawyers in disciplinary proceedings, provides legal ethics advice to law firms, has served as an expert witness on legal ethics and insurance coverage, and is Deputy General Counsel at Wiley.
Rick recently completed a three-year term as Chair of the American Bar Association Standing Committee on Lawyers Professional Liability and now serves as a Special Advisor to the Committee. During his tenure as Chair of the Standing Committee, Rick also served as a member of the Coordinating Council of the ABA Center for Professional Responsibility. Previously, Rick served a three-year term as a member of the Standing Committee. He speaks regularly on professional liability and insurance coverage topics.
Rick has acted as lead counsel for trials in the District of Columbia, Florida, Maryland, New York, Texas, and Virginia, as well as for arbitration hearings. On the appellate side, Rick has presented oral argument in the Supreme Court of the United States; 10 of the federal courts of appeals; the Supreme Courts of Connecticut, Delaware, Maryland, North Carolina, and Ohio; and state intermediate appellate courts in California, Florida, Maryland, New York, and Texas. His strong record of success includes winning his case in the United States Supreme Court and all five state Supreme Court cases.
Beginning with the Marc Rich cases while he was an AUSA (for those who can remember that far back), Rick has handled many high-profile representations, including dealing with the press as appropriate. Those matters include conducting an internal investigation for a U.S. Senator and representing the Senator in connection with a grand jury investigation, representing high-level White House officials in connection with criminal and congressional investigations arising from the Whitewater and Monica Lewinsky investigations, and representing Prof. Alan Dershowitz in connection with a defamation case in Florida.
Rick is an Adjunct Professor at the University of North Carolina School of Law, where he is the co-director of the Supreme Court Program, which operates as a clinic in which students assist in preparing submissions to the United States Supreme Court. From 2003 to 2017, Rick was an Adjunct Instructor in Trial Advocacy at the University of Virginia School of Law.
Deputy Director, Regulatory Studies Center, George Washington University
Will Yeatman is deputy director of the GW Regulatory Studies Center. A lawyer, he has spent almost two decades working on federal regulatory policy, with an emphasis on administrative law.
Yeatman has testified many times before Congress and state legislatures, and his scholarly work has appeared in such academic journals as Georgetown Law Journal, Administrative Law Review, and the (forthcoming) Catholic University Law Review. His popular writing has appeared in The Wall Street Journal, Foreign Policy, and Bloomberg.
Yeatman came to the RSC from the Pacific Legal Foundation. Previously, he had been at the Cato Institute’s Center for Constitutional Studies and the Competitive Enterprise Institute. From 2004 to 2006, he served as a Peace Corps volunteer in the Kyrgyz Republic.
Yeatman holds a BA in environmental sciences from the University of Virginia, an MA in international studies from the Denver University Graduate School of International Studies, and a JD from the Georgetown University Law Center. He is a member of the Washington, DC Bar.
Chief Civil Counsel, Senate Judiciary Committee
Austin Rogers serves as Chief Counsel for the Senate Judiciary Committee, covering the civil portfolio for the Chairman. He obtained dual graduate degrees in Law and Theology from Duke University (summa cum laude), where he served on the Duke Law Journal and Harvard Journal of Law & Public Policy. After law school, he clerked for Chief Judge Steven D. Merryday in the Middle District of Florida. Following his clerkship, he practiced law at White & Case, specializing in commercial and appellate litigation. Prior to serving as Chief Civil Counsel for the Senate Judiciary Committee, he served as Senior Counsel of Oversight and Investigations for the Senate Judiciary Committee.
Austin obtained undergraduate degrees (summa cum laude) in International Business and Theology from Southeastern University and Wheaton College, respectively, and played college soccer at both schools.
He has published First Amendment scholarship in the Duke Law Journal and the Marquette Law Review, and he has a forthcoming article that will be published in the Florida Law Review. He is a member of the District of Columbia Bar, the Republican National Lawyers Association, and the Federalist Society, where he serves in a volunteer capacity. Austin is actively involved in his church and serves on its worship team.
Associate, Wiley Rein LLP
Joel S. Nolette is an associate at Wiley Rein LLP, where he advocates on behalf of corporate and individual clients in a broad spectrum of complex litigation matters. In 2017, Joel graduated cum laude from the Georgetown University Law Center, where he served as the Editor in Chief of Volume 15 of the Georgetown Journal of Law and Public Policy. From 2019 to 2021, Joel clerked for the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit; and from 2021 to 2022, he clerked for the Honorable Timothy J. Kelly of the U.S. District Court for the District of Columbia. Before attending law school, Joel graduated summa cum laude from Gordon College in Wenham, MA, with his Bachelor of Arts in Biblical Studies and worked as a letter carrier with the U.S. Postal Service.
Partner, Duane Morris LLP; Managing Principal, Duane Morris Institute
Jonathan A. Segal is a partner at Duane Morris LLP in the Employment, Labor, Benefits and Immigration Practice Group. He is also the managing principal of the Duane Morris Institute. The Duane Morris Institute provides training for human resource professionals, in-house counsel, benefits administrators and managers at Duane Morris, at client sites and by way of webinar on myriad employment, labor, benefits and immigration matters.
Previously a litigator, Jonathan’s practice now focuses almost entirely on helping employers meet their business objectives or missions by minimizing legal risk, maximizing compliance and focusing on relationship with business objectives or mission and legal requirements or restrictions.
Partner & Deputy General Counsel, Wiley Rein LLP
Rick is a trial lawyer and appellate advocate. As an Assistant U.S. Attorney for the Southern District of New York, Rick learned to love nothing so much as going to trial, unless it is crafting briefs and presenting oral argument in an important appeal. Assistants in that office were fortunate to be able to do both.
Rick represents lawyers and other professionals in malpractice claims, defends insurers in coverage and “bad faith” litigation, and represents clients in commercial litigation. He also represents lawyers in disciplinary proceedings, provides legal ethics advice to law firms, has served as an expert witness on legal ethics and insurance coverage, and is Deputy General Counsel at Wiley.
Rick recently completed a three-year term as Chair of the American Bar Association Standing Committee on Lawyers Professional Liability and now serves as a Special Advisor to the Committee. During his tenure as Chair of the Standing Committee, Rick also served as a member of the Coordinating Council of the ABA Center for Professional Responsibility. Previously, Rick served a three-year term as a member of the Standing Committee. He speaks regularly on professional liability and insurance coverage topics.
Rick has acted as lead counsel for trials in the District of Columbia, Florida, Maryland, New York, Texas, and Virginia, as well as for arbitration hearings. On the appellate side, Rick has presented oral argument in the Supreme Court of the United States; 10 of the federal courts of appeals; the Supreme Courts of Connecticut, Delaware, Maryland, North Carolina, and Ohio; and state intermediate appellate courts in California, Florida, Maryland, New York, and Texas. His strong record of success includes winning his case in the United States Supreme Court and all five state Supreme Court cases.
Beginning with the Marc Rich cases while he was an AUSA (for those who can remember that far back), Rick has handled many high-profile representations, including dealing with the press as appropriate. Those matters include conducting an internal investigation for a U.S. Senator and representing the Senator in connection with a grand jury investigation, representing high-level White House officials in connection with criminal and congressional investigations arising from the Whitewater and Monica Lewinsky investigations, and representing Prof. Alan Dershowitz in connection with a defamation case in Florida.
Rick is an Adjunct Professor at the University of North Carolina School of Law, where he is the co-director of the Supreme Court Program, which operates as a clinic in which students assist in preparing submissions to the United States Supreme Court. From 2003 to 2017, Rick was an Adjunct Instructor in Trial Advocacy at the University of Virginia School of Law.
Deputy Director, Regulatory Studies Center, George Washington University
Will Yeatman is deputy director of the GW Regulatory Studies Center. A lawyer, he has spent almost two decades working on federal regulatory policy, with an emphasis on administrative law.
Yeatman has testified many times before Congress and state legislatures, and his scholarly work has appeared in such academic journals as Georgetown Law Journal, Administrative Law Review, and the (forthcoming) Catholic University Law Review. His popular writing has appeared in The Wall Street Journal, Foreign Policy, and Bloomberg.
Yeatman came to the RSC from the Pacific Legal Foundation. Previously, he had been at the Cato Institute’s Center for Constitutional Studies and the Competitive Enterprise Institute. From 2004 to 2006, he served as a Peace Corps volunteer in the Kyrgyz Republic.
Yeatman holds a BA in environmental sciences from the University of Virginia, an MA in international studies from the Denver University Graduate School of International Studies, and a JD from the Georgetown University Law Center. He is a member of the Washington, DC Bar.
Chief Civil Counsel, Senate Judiciary Committee
Austin Rogers serves as Chief Counsel for the Senate Judiciary Committee, covering the civil portfolio for the Chairman. He obtained dual graduate degrees in Law and Theology from Duke University (summa cum laude), where he served on the Duke Law Journal and Harvard Journal of Law & Public Policy. After law school, he clerked for Chief Judge Steven D. Merryday in the Middle District of Florida. Following his clerkship, he practiced law at White & Case, specializing in commercial and appellate litigation. Prior to serving as Chief Civil Counsel for the Senate Judiciary Committee, he served as Senior Counsel of Oversight and Investigations for the Senate Judiciary Committee.
Austin obtained undergraduate degrees (summa cum laude) in International Business and Theology from Southeastern University and Wheaton College, respectively, and played college soccer at both schools.
He has published First Amendment scholarship in the Duke Law Journal and the Marquette Law Review, and he has a forthcoming article that will be published in the Florida Law Review. He is a member of the District of Columbia Bar, the Republican National Lawyers Association, and the Federalist Society, where he serves in a volunteer capacity. Austin is actively involved in his church and serves on its worship team.
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
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.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
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.
A Seat at the Sitting - February 2025
Joel S. Nolette, Jonathan A. Segal, Richard A. Simpson, Will Yeatman, Austin Rogers
The February Docket in 90 Minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - February 2025
Joel S. Nolette, Jonathan A. Segal, Richard A. Simpson, Will Yeatman, Austin Rogers
The February Docket in 90 Minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
Litigation Update: United Natural Foods v. NLRB
R. Pepper Crutcher, Philip A. Miscimarra
NLRB Deference, Do Federal Rules Apply to the NLRB, and More
This litigation update will discuss the United Natural Foods case, where a new National Labor...
Litigation Update: United Natural Foods v. NLRB
R. Pepper Crutcher, Philip A. Miscimarra
NLRB Deference, Do Federal Rules Apply to the NLRB, and More
This litigation update will discuss the United Natural Foods case, where a new National Labor...
Litigation Update: Amazon, the NLRB, and “Captive Audience” Meetings
G. Roger King, William L. Messenger
Section 8(c) of the National Labor Relations Act states an employer’s communication is not an...
Litigation Update: Amazon, the NLRB, and “Captive Audience” Meetings
G. Roger King, William L. Messenger
Section 8(c) of the National Labor Relations Act states an employer’s communication is not an...
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