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
Consultant, American Edge Project and U.S. Chamber of Commerce
Partner, Gibson, Dunn & Crutcher
Andrew Kilberg is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office, where he practices in the firm’s litigation department. A member of the firm’s Labor and Employment, Administrative and Regulatory, and Appellate and Constitutional Law practice groups, Andrew has significant experience challenging onerous federal regulations, advising on regulatory proposals, and defending agency enforcement actions and investigations. He has represented clients in federal district and appellate courts and before the U.S. Supreme Court, as well as before various agencies, authoring dozens of briefs, comment letters, and other submissions. His matters have covered wage and hour, ERISA, occupational safety and health, anti-discrimination, whistleblower, and labor relations issues. In addition to his labor and employment expertise, Andrew in 2019 was named a “Rising Star” in Telecom by Law360.
Between 2019 and 2021, Andrew served as Counselor to Secretary Eugene Scalia at the United States Department of Labor. In that role, he advised the Secretary and Deputy Secretary on a wide range of matters and led teams on important regulatory and other projects for the Office of the Secretary, including matters concerning environmental, social, and governance investing, proxy voting, the U.S.-Mexico-Canada Agreement, independent contractor status, apprenticeships, religious accommodation, evidentiary standards and procedures for non-discrimination enforcement actions, and the coronavirus pandemic. He also was responsible for coordination with several other executive branch agencies.
In addition to his work in court, Andrew regularly authors comment letters submitted to federal agencies, including the Department of Labor, the Federal Trade Commission, and the Federal Communications Commission. He also has written position statements submitted to the National Labor Relations Board and the Equal Employment Opportunity Commission, provided extensive advice on federal and state vaccine-related rules and litigation, labor relations, anti-discrimination and anti-retaliation matters, and ERISA issues, and represented clients in agency investigations and audits.
Before joining Gibson Dunn, Andrew clerked for U.S. Supreme Court Justice Anthony M. Kennedy and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.
He received his law degree from the University of Virginia School of Law, where he was a member of the Order of the Coif and served as Articles Development Editor of the Virginia Law Review. He received an M. Phil. in Historical Studies from the University of Cambridge and was graduated magna cum laude with an A.B. in History from Princeton University.
Andrew is a member of the Virginia bar, and he is admitted to practice before the U.S. Supreme Court, U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh, and D.C. Circuits, the U.S. District Court for the District of Columbia, the Supreme Court of Virginia, and the District of Columbia Court of Appeals
Partner, Gibson, Dunn & Crutcher LLP
Judd Littleton is a versatile, creative appellate lawyer with considerable experience representing clients in their most consequential cases at every level of the judiciary, from developing and implementing legal strategy in the district court through appeals before the U.S. Supreme Court and federal and state appellate courts nationwide. He has built a remarkable record of successful challenges to federal agency action under the Administrative Procedure Act, and excels at handling complex, bet-the-company matters in the areas of appellate litigation, administrative law, and regulatory enforcement. Judd also regularly advises clients on strategic legal issues that precede litigation, including issues related to new laws and regulations and government investigations.
Judd obtained substantial government experience before going into private practice. After serving as a Bristow Fellow in the Office of the Solicitor General, where he worked on numerous cases before the U.S. Supreme Court and federal courts of appeals, Judd litigated cases involving a range of high-profile constitutional and statutory challenges to federal government actions in the Civil Division of the U.S. Department of Justice. For his work in that role, he received the Attorney General’s Distinguished Service Award, the Department’s second-highest award for employee performance. Judd clerked for Chief Justice John G. Roberts, Jr. of the U.S. Supreme Court and for Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit.
Judd is a member of the Edward Coke Appellate Inn of Court and the Supreme Court Historical Society. He has been recognized multiple times by Lawdragon as a “Leading Litigator in America” in Appellate and Supreme Court practice and was named a National Law Journal “D.C. Rising Star” in 2019. A frequent speaker on Supreme Court and appellate advocacy, he has also served on Law360’s Appellate Editorial Advisory Board since 2023.
Consultant, American Edge Project and U.S. Chamber of Commerce
Partner, Gibson, Dunn & Crutcher
Andrew Kilberg is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office, where he practices in the firm’s litigation department. A member of the firm’s Labor and Employment, Administrative and Regulatory, and Appellate and Constitutional Law practice groups, Andrew has significant experience challenging onerous federal regulations, advising on regulatory proposals, and defending agency enforcement actions and investigations. He has represented clients in federal district and appellate courts and before the U.S. Supreme Court, as well as before various agencies, authoring dozens of briefs, comment letters, and other submissions. His matters have covered wage and hour, ERISA, occupational safety and health, anti-discrimination, whistleblower, and labor relations issues. In addition to his labor and employment expertise, Andrew in 2019 was named a “Rising Star” in Telecom by Law360.
Between 2019 and 2021, Andrew served as Counselor to Secretary Eugene Scalia at the United States Department of Labor. In that role, he advised the Secretary and Deputy Secretary on a wide range of matters and led teams on important regulatory and other projects for the Office of the Secretary, including matters concerning environmental, social, and governance investing, proxy voting, the U.S.-Mexico-Canada Agreement, independent contractor status, apprenticeships, religious accommodation, evidentiary standards and procedures for non-discrimination enforcement actions, and the coronavirus pandemic. He also was responsible for coordination with several other executive branch agencies.
In addition to his work in court, Andrew regularly authors comment letters submitted to federal agencies, including the Department of Labor, the Federal Trade Commission, and the Federal Communications Commission. He also has written position statements submitted to the National Labor Relations Board and the Equal Employment Opportunity Commission, provided extensive advice on federal and state vaccine-related rules and litigation, labor relations, anti-discrimination and anti-retaliation matters, and ERISA issues, and represented clients in agency investigations and audits.
Before joining Gibson Dunn, Andrew clerked for U.S. Supreme Court Justice Anthony M. Kennedy and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit.
He received his law degree from the University of Virginia School of Law, where he was a member of the Order of the Coif and served as Articles Development Editor of the Virginia Law Review. He received an M. Phil. in Historical Studies from the University of Cambridge and was graduated magna cum laude with an A.B. in History from Princeton University.
Andrew is a member of the Virginia bar, and he is admitted to practice before the U.S. Supreme Court, U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh, and D.C. Circuits, the U.S. District Court for the District of Columbia, the Supreme Court of Virginia, and the District of Columbia Court of Appeals
Partner, Gibson, Dunn & Crutcher LLP
Judd Littleton is a versatile, creative appellate lawyer with considerable experience representing clients in their most consequential cases at every level of the judiciary, from developing and implementing legal strategy in the district court through appeals before the U.S. Supreme Court and federal and state appellate courts nationwide. He has built a remarkable record of successful challenges to federal agency action under the Administrative Procedure Act, and excels at handling complex, bet-the-company matters in the areas of appellate litigation, administrative law, and regulatory enforcement. Judd also regularly advises clients on strategic legal issues that precede litigation, including issues related to new laws and regulations and government investigations.
Judd obtained substantial government experience before going into private practice. After serving as a Bristow Fellow in the Office of the Solicitor General, where he worked on numerous cases before the U.S. Supreme Court and federal courts of appeals, Judd litigated cases involving a range of high-profile constitutional and statutory challenges to federal government actions in the Civil Division of the U.S. Department of Justice. For his work in that role, he received the Attorney General’s Distinguished Service Award, the Department’s second-highest award for employee performance. Judd clerked for Chief Justice John G. Roberts, Jr. of the U.S. Supreme Court and for Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit.
Judd is a member of the Edward Coke Appellate Inn of Court and the Supreme Court Historical Society. He has been recognized multiple times by Lawdragon as a “Leading Litigator in America” in Appellate and Supreme Court practice and was named a National Law Journal “D.C. Rising Star” in 2019. A frequent speaker on Supreme Court and appellate advocacy, he has also served on Law360’s Appellate Editorial Advisory Board since 2023.
Solicitor, National Labor Relations Board
Fred Jacob is the Solicitor of the National Labor Relations Board. As Solicitor, Mr. Jacob serves as the chief legal adviser and consultant to the entire Board on all questions of law regarding the Board’s general operations and on major questions of law and policy concerning the adjudication of NLRB cases in the Courts of Appeals and the U.S. Supreme Court. The Solicitor also acts as the Board’s legal representative and liaison to the General Counsel and other offices of the Board. From 1997 to 2014, Mr. Jacob worked as an attorney, supervisor, and Deputy Assistant General Counsel in the NLRB’s Appellate and Supreme Court Litigation Branch. Before joining management, he served as Grievance Chair of the NLRB Professional Association, the union representing Washington, DC-based NLRB attorneys.
Prior to his appointment as the NLRB's Solicitor, Mr. Jacob spent four years as Solicitor of the Federal Labor Relations Authority. In that role, he represented the FLRA before all federal courts, advised FLRA components on legal issues arising under the Federal Service Labor-Management Relations Statute, and served as the FLRA’s in-house counsel. Mr. Jacob also clerked on the United States Court of Appeals for the Fourth Circuit and worked in private practice.
Mr. Jacob is also a Professorial Lecturer in Law at The George Washington University Law School and has previously taught labor and employment law courses at Georgetown University Law Center and the College of William and Mary School of Law.
Partner, Morgan, Lewis & Bockius, former Chairman of the National Labor Relations Board
John F. Ring, currently a partner at Morgan, Lewis & Bockius, served as a Board Member of the National Labor Relations Board (NLRB) from 2018 to 2022 and as its Chairman from 2018 to 2021. He has been with Morgan Lewis for almost 30 years, where he served as co-chair of the firm’s Labor / Management Relations practice and Practice Group Leader for the Washington Office Labor and Employment Law Practice. He represented client interests in all aspects of labor law, including collective bargaining, workforce restructuring, employee benefits, labor‐management-related counseling, litigation, and litigation avoidance strategies. Mr. Ring has an extensive background in negotiating and administering collective bargaining agreements most notably in the multi‐employer bargaining context, as well as experience with multi‐employer pension plans. Mr. Ring received his J.D. and B.A. from the Catholic University of America.
Solicitor, National Labor Relations Board
Fred Jacob is the Solicitor of the National Labor Relations Board. As Solicitor, Mr. Jacob serves as the chief legal adviser and consultant to the entire Board on all questions of law regarding the Board’s general operations and on major questions of law and policy concerning the adjudication of NLRB cases in the Courts of Appeals and the U.S. Supreme Court. The Solicitor also acts as the Board’s legal representative and liaison to the General Counsel and other offices of the Board. From 1997 to 2014, Mr. Jacob worked as an attorney, supervisor, and Deputy Assistant General Counsel in the NLRB’s Appellate and Supreme Court Litigation Branch. Before joining management, he served as Grievance Chair of the NLRB Professional Association, the union representing Washington, DC-based NLRB attorneys.
Prior to his appointment as the NLRB's Solicitor, Mr. Jacob spent four years as Solicitor of the Federal Labor Relations Authority. In that role, he represented the FLRA before all federal courts, advised FLRA components on legal issues arising under the Federal Service Labor-Management Relations Statute, and served as the FLRA’s in-house counsel. Mr. Jacob also clerked on the United States Court of Appeals for the Fourth Circuit and worked in private practice.
Mr. Jacob is also a Professorial Lecturer in Law at The George Washington University Law School and has previously taught labor and employment law courses at Georgetown University Law Center and the College of William and Mary School of Law.
Partner, Morgan, Lewis & Bockius, former Chairman of the National Labor Relations Board
John F. Ring, currently a partner at Morgan, Lewis & Bockius, served as a Board Member of the National Labor Relations Board (NLRB) from 2018 to 2022 and as its Chairman from 2018 to 2021. He has been with Morgan Lewis for almost 30 years, where he served as co-chair of the firm’s Labor / Management Relations practice and Practice Group Leader for the Washington Office Labor and Employment Law Practice. He represented client interests in all aspects of labor law, including collective bargaining, workforce restructuring, employee benefits, labor‐management-related counseling, litigation, and litigation avoidance strategies. Mr. Ring has an extensive background in negotiating and administering collective bargaining agreements most notably in the multi‐employer bargaining context, as well as experience with multi‐employer pension plans. Mr. Ring received his J.D. and B.A. from the Catholic University of America.
Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't)
Alexander T. MacDonald
Federalist Society Review, Volume 25
Common ground isn’t always a good thing. For example, consider the growing popularity of “predistribution.”...
Topics
Georgia Fruit and Vegetable Growers Association v. DOL: Post-Loper Bright Pushback on Agency Overreach
The long period of labor peace to which Americans are so accustomed is the product...
Topics
Competition Non Sequitur: The NLRB’s Foray Into Antitrust Law
The word ultracrepidarian comes from an old Roman story about a shoemaker. Though good at...
Topics
In Restaurant Law Center v. DOL, the Fifth Circuit Invalidates DOL Tip Credit Rules Under New Loper Bright Standard
Loper Bright strikes again! In Restaurant Law Center v. DOL, decided August 23, 2024, the...
Topics
The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions
In today’s politics, agreement is a rare beast. So it’s notable when it shows up. And...
Courthouse Steps Decision: Ryan LLC v. Federal Trade Commission
Asheesh Agarwal, Andrew G. I. Kilberg, Judson O. Littleton
On August 20, 2024, the U.S. District Court for the Northern District of Texas struck...
Courthouse Steps Decision: Ryan LLC v. Federal Trade Commission
Asheesh Agarwal, Andrew G. I. Kilberg, Judson O. Littleton
On August 20, 2024, the U.S. District Court for the Northern District of Texas struck...
Topics
Texas District Court Sets Aside FTC's Ban on Non-Compete Agreements
In Ryan LLC v. FTC, decided on August 20, the U.S. District Court for the...
A Discussion of Labor Law: Is the Taft-Hartley Act Being Interpreted as Written?
Fred B. Jacob, John F. Ring
The 1947 Taft-Hartley amendments to the National Labor Relations Act, doggedly opposed by organized labor,...
A Discussion of Labor Law: Is the Taft-Hartley Act Being Interpreted as Written?
Fred B. Jacob, John F. Ring
The 1947 Taft-Hartley amendments to the National Labor Relations Act, doggedly opposed by organized labor,...