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.
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
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, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
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."
Consultant, American Edge Project and U.S. Chamber of Commerce
Chief Counsel, Senate Judiciary Committee
Thomas DeMatteo is Chief Counsel on the Senate Judiciary Committee to Senator Mike Lee. He previously served as counsel to the Assistant Attorney General of the Department of Justice Antitrust Division, where he worked closely with leadership and staff on civil merger and non-merger matters across numerous industries including, large technology platforms, defense, finance, and consumer products.
Mr. DeMatteo joined the Antitrust Division through the Attorney General’s Honors Program as a Trial Attorney and previously worked at an international law firm, where he advised clients on antitrust and competition matters. He is a graduate of Washington and Lee University School of Law and the University of Rochester, where he was a member of the football team and selected to the Liberty League All-Academic Team.
President and Founder, International Center for Law & Economics
Geoffrey A. Manne is the president and founder of the International Center for Law and Economics (ICLE), a nonprofit, nonpartisan research center based in Portland, Oregon. He is also a distinguished fellow at Northwestern Law School’s Searle Center on Law, Regulation, & Economic Growth. In April 2017 he was appointed by FCC Chairman Ajit Pai to the FCC’s Broadband Deployment Advisory Committee, and he recently served for two years on the FCC’s Consumer Advisory Committee.
Mr. Manne earned his JD and AB degrees from the University of Chicago and is an expert in the economic analysis of law, specializing in competition, telecommunications, consumer protection, intellectual property, and technology policy.
Prior to founding ICLE, Manne was a law professor at Lewis & Clark Law School. From 2006-2009, he took a leave from teaching to develop Microsoft’s law and economics academic outreach program. Manne has also served as a lecturer in law at the University of Chicago Law School and the University of Virginia School of Law. He practiced antitrust law and appellate litigation at Latham & Watkins, clerked for Hon. Morris S. Arnold on the 8th Circuit Court of Appeals, and worked as a research assistant for Judge Richard Posner. He was also once (very briefly) employed by the FTC.
Mr. Manne’s publications have appeared in numerous journals including the Journal of Competition Law and Economics, the Harvard Journal of Law and Technology, the Supreme Court Economic Review, and the Arizona Law Review, among others. With former FTC Commissioner, Joshua Wright, Manne is the editor of a volume from Cambridge University Press entitled, Competition Policy and Intellectual Property Law Under Uncertainty: Regulating Innovation. Manne has also testified on several occasions before Congress and at the FCC and FTC, and he regularly files written comments and amicus briefs on key antitrust, IP, and telecommunications issues. His analysis is frequently published in popular print and broadcasting outlets such as the Wall Street Journal, Wired, Foreign Affairs, NPR, and Bloomberg, among others.
Manne is a member of the American Law and Economics Association, the Canadian Law and Economics Association, and the Society for Institutional & Organizational Economics. He blogs at Truth on the Market (www.truthonthemarket.com) (of which he is also the co-founder), is a contributor at WIRED, and tweets at @geoffmanne. His scholarly publications are available at http://ssrn.com/author=175541.
Public Advisor, National Institute of Standards and Technology
Anant Raut am a public advisor to the National Institute of Standards and Technology, part of an expert group developing a risk management framework for generative artificial intelligence (AI) systems. He advises on governance and pre-deployment testing standards.
Anant is the former global head of competition policy for Meta Platforms, Inc. There he stood up a global policy team; provided centralized subject matter expertise for our regional leads; worked cross-functionally on business priority issues; and developed some of the company’s key public policy positions, including proactive stances on interoperability and data sharing. Later he layered on a product counseling role, providing competition and regulatory guidance for every Meta product and service worldwide.
Anant is an experienced antitrust law and policy practitioner, having been an enforcer at both the Federal Trade Commission and the Department of Justice Antitrust Division.
Mr. Raut has deep experience with legislative and federal budget processes through my time on Capitol Hill. He previously served as antitrust counsel to the Democratic Chair and Ranking Member of the House and Senate Judiciary Committees. There he worked across the aisle to pass bills such as the Music Modernization Act, the Marrakesh Treaty Implementation Act, the SUCCESS Act, and reauthorization of the Antitrust Criminal Penalty Enhancement Reform Act. He worked closely with my Republican colleagues for bipartisan oversight and investigations of industries as varied as digital advertising, airlines, and railroads. As counsel, Anant helped shape key policy positions for the Democratic leaders of each of those committees. He was also the de facto in-house expert for the Senate Democratic Caucus on antitrust, consumer protection, privacy, intellectual property, bankruptcy, and arbitration law and policy.
Anant serves on the board of advisors to some of the most forward-looking institutions on antitrust policy, including the American Antitrust Institute and the Loyola Chicago Institute for Consumer Antitrust Studies. He also co-hosts two popular industry podcasts, Our Curious Amalgam and Trust and Trade, which tackle leading edge antitrust and consumer protection issues every month.
Consultant, American Edge Project and U.S. Chamber of Commerce
Chief Counsel, Senate Judiciary Committee
Thomas DeMatteo is Chief Counsel on the Senate Judiciary Committee to Senator Mike Lee. He previously served as counsel to the Assistant Attorney General of the Department of Justice Antitrust Division, where he worked closely with leadership and staff on civil merger and non-merger matters across numerous industries including, large technology platforms, defense, finance, and consumer products.
Mr. DeMatteo joined the Antitrust Division through the Attorney General’s Honors Program as a Trial Attorney and previously worked at an international law firm, where he advised clients on antitrust and competition matters. He is a graduate of Washington and Lee University School of Law and the University of Rochester, where he was a member of the football team and selected to the Liberty League All-Academic Team.
President and Founder, International Center for Law & Economics
Geoffrey A. Manne is the president and founder of the International Center for Law and Economics (ICLE), a nonprofit, nonpartisan research center based in Portland, Oregon. He is also a distinguished fellow at Northwestern Law School’s Searle Center on Law, Regulation, & Economic Growth. In April 2017 he was appointed by FCC Chairman Ajit Pai to the FCC’s Broadband Deployment Advisory Committee, and he recently served for two years on the FCC’s Consumer Advisory Committee.
Mr. Manne earned his JD and AB degrees from the University of Chicago and is an expert in the economic analysis of law, specializing in competition, telecommunications, consumer protection, intellectual property, and technology policy.
Prior to founding ICLE, Manne was a law professor at Lewis & Clark Law School. From 2006-2009, he took a leave from teaching to develop Microsoft’s law and economics academic outreach program. Manne has also served as a lecturer in law at the University of Chicago Law School and the University of Virginia School of Law. He practiced antitrust law and appellate litigation at Latham & Watkins, clerked for Hon. Morris S. Arnold on the 8th Circuit Court of Appeals, and worked as a research assistant for Judge Richard Posner. He was also once (very briefly) employed by the FTC.
Mr. Manne’s publications have appeared in numerous journals including the Journal of Competition Law and Economics, the Harvard Journal of Law and Technology, the Supreme Court Economic Review, and the Arizona Law Review, among others. With former FTC Commissioner, Joshua Wright, Manne is the editor of a volume from Cambridge University Press entitled, Competition Policy and Intellectual Property Law Under Uncertainty: Regulating Innovation. Manne has also testified on several occasions before Congress and at the FCC and FTC, and he regularly files written comments and amicus briefs on key antitrust, IP, and telecommunications issues. His analysis is frequently published in popular print and broadcasting outlets such as the Wall Street Journal, Wired, Foreign Affairs, NPR, and Bloomberg, among others.
Manne is a member of the American Law and Economics Association, the Canadian Law and Economics Association, and the Society for Institutional & Organizational Economics. He blogs at Truth on the Market (www.truthonthemarket.com) (of which he is also the co-founder), is a contributor at WIRED, and tweets at @geoffmanne. His scholarly publications are available at http://ssrn.com/author=175541.
Public Advisor, National Institute of Standards and Technology
Anant Raut am a public advisor to the National Institute of Standards and Technology, part of an expert group developing a risk management framework for generative artificial intelligence (AI) systems. He advises on governance and pre-deployment testing standards.
Anant is the former global head of competition policy for Meta Platforms, Inc. There he stood up a global policy team; provided centralized subject matter expertise for our regional leads; worked cross-functionally on business priority issues; and developed some of the company’s key public policy positions, including proactive stances on interoperability and data sharing. Later he layered on a product counseling role, providing competition and regulatory guidance for every Meta product and service worldwide.
Anant is an experienced antitrust law and policy practitioner, having been an enforcer at both the Federal Trade Commission and the Department of Justice Antitrust Division.
Mr. Raut has deep experience with legislative and federal budget processes through my time on Capitol Hill. He previously served as antitrust counsel to the Democratic Chair and Ranking Member of the House and Senate Judiciary Committees. There he worked across the aisle to pass bills such as the Music Modernization Act, the Marrakesh Treaty Implementation Act, the SUCCESS Act, and reauthorization of the Antitrust Criminal Penalty Enhancement Reform Act. He worked closely with my Republican colleagues for bipartisan oversight and investigations of industries as varied as digital advertising, airlines, and railroads. As counsel, Anant helped shape key policy positions for the Democratic leaders of each of those committees. He was also the de facto in-house expert for the Senate Democratic Caucus on antitrust, consumer protection, privacy, intellectual property, bankruptcy, and arbitration law and policy.
Anant serves on the board of advisors to some of the most forward-looking institutions on antitrust policy, including the American Antitrust Institute and the Loyola Chicago Institute for Consumer Antitrust Studies. He also co-hosts two popular industry podcasts, Our Curious Amalgam and Trust and Trade, which tackle leading edge antitrust and consumer protection issues every month.
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
Federalist Society Review, Volume 26
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Topics
An AI Maker Was Just Found Liable for Copyright Infringement. What Does This Portend for Content Creators and AI Makers?
In a case decided on February 11, the makers of generative AI (GenAI), such as...
Litigation Update: Cerame v. Slack
Josh Blackman, Margaret A. Little
In June 2021, the Superior Court of Connecticut approved amendments to Connecticut Rule of Professional...
Litigation Update: Cerame v. Slack
Josh Blackman, Margaret A. Little
In June 2021, the Superior Court of Connecticut approved amendments to Connecticut Rule of Professional...
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...
Searching for the Right Remedy in U.S. v. Google
Asheesh Agarwal, Thomas DeMatteo, Geoffrey A. Manne, Anant Raut
In August 2024, a federal district court held that Google possesses monopolistic power over “general...
Searching for the Right Remedy in U.S. v. Google
Asheesh Agarwal, Thomas DeMatteo, Geoffrey A. Manne, Anant Raut
In August 2024, a federal district court held that Google possesses monopolistic power over “general...