Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Partner, Gibson Dunn & Crutcher LLP
Theodore J. Boutrous, Jr. is a partner in the Los Angeles office of Gibson Dunn and one of the nation’s leading litigators. He is a member of the American Law Institute and a Fellow of the American Academy of Appellate Lawyers.
As The New York Times has noted, Mr. Boutrous has “a long history of pushing the courts and the public to see the bigger picture on heated issues.” The American Lawyer named Mr. Boutrous the 2019 “Litigator of the Year, Grand Prize Winner” and the Los Angeles and San Francisco Daily Journals in 2021 named him a “Top Lawyer of the Decade.” According to The National Law Journal, which in 2013 named him one of the “100 Most Influential Lawyers in America,” he “is known for his wise, strategic advice to clients in crisis and is a media law star.”
Mr. Boutrous has represented clients in federal and state appellate courts throughout the nation in a wide spectrum of cases, and he is currently serving as Co-Chair of the firm's First Amendment and Free Expression Practice Group. He has argued hundreds of appeals, including before the Supreme Court of the United States, 12 different federal circuit courts of appeals, and 12 different state supreme courts (including 14 arguments in the California Supreme Court), and he has led a multitude of other complex civil, constitutional and criminal matters. Mr. Boutrous has successfully persuaded courts to overturn some of the largest jury verdicts and class actions in history, and prevailed in many cutting-edge cases. In 2011, he successfully represented Walmart before the Supreme Court of the United States in the Dukes case, which unanimously reversed what had been the largest employment class action in history and established important standards governing class actions (Wal-Mart Stores, Inc. v. Dukes). In 2013, he successfully represented the prevailing party in obtaining a unanimous Supreme Court decision enforcing the Class Action Fairness Act (Standard Fire Insurance Co. v. Knowles). Also in 2013, Mr. Boutrous successfully represented plaintiffs in the Supreme Court in a case invalidating California’s prohibition on same-sex marriage, Proposition 8 (Hollingsworth v. Perry), in which he also served as one of the lead trial lawyers and architects of the legal strategy that led to this landmark victory. In 2018, Mr. Boutrous successfully represented CNN and its reporter Jim Acosta in bringing First Amendment and due process claims against then-President Donald Trump and other White House officials, forcing the White House to restore Mr. Acosta’s press credentials. “Litigators of the Week: Gibson Dunn’s Two Teds Score for the Free Press,” The AmLaw Litigation Daily (November 30, 2018). And in 2021, he secured a major victory for Hewlett-Packard Company when the California Court of Appeal affirmed a more than $3 billion verdict in HP’s long-running contract dispute with Oracle Corporation. “Litigators of the Week: Gibson Dunn Protects Its $3B Trial Win for HP Against Oracle on Appeal,” The AmLaw Litigation Daily (June 18, 2021).
As both a crisis management strategist and a seasoned appellate and media lawyer, Mr. Boutrous has extensive experience handling high-profile litigation, media relations and media legal issues. He routinely advises clients in planning how to respond, and in responding, to crises and other especially significant legal problems that attract the media spotlight.
Mr. Boutrous has also received the 2021 Freedom of the Press Award from the Reporters Committee for Freedom of the Press and the Distinguished Leadership Award from PEN America in 2019 for his leadership in advancing First Amendment rights and protecting freedom of expression. As The Hollywood Reporter noted in naming him to its 2022 “Power Lawyers” list, “When issues of free speech are in play, Boutrous is the attorney on speed dial.” Hollywood’s Top 100 Attorneys (March 2022). Mr. Boutrous was also named a “First Amendment Rights Trailblazer” by The National Law Journal in 2020.
Numerous profiles of Mr. Boutrous and his practice have appeared in the media. Prominent mentions include: “Mr. Boutrous, You Have 4 Minutes’: On Rebuttal With Ted Boutrous of Gibson Dunn,” The AmLaw Litigation Daily (August 25, 2022); “Litigator of the Week: How Gibson Dunn Helped Hit Print on Mary Trump’s Best-Seller,” The AmLaw Litigation Daily (July 17, 2020); “Litigation Department of the Year,” The American Lawyer (January 2020); “Litigator of the Week: Gibson Dunn’s Theodore Boutrous Jr. Scores Another Win for the Fourth Estate,”The AmLaw Litigation Daily (September 6, 2019); “Lawyer of the week: Theodore Boutrous Jr, attorney in White House press pass victory,” The Times of London (November 29, 2018); Ted Boutrous, CNN’s Champion, Is Fired Up,” Law.com (November 30, 2018); “Litigator of the Week: From Zero to Hero in Seven Days” The AmLaw Litigation Daily (April 27, 2017); “Litigator of the Week” The AmLaw Litigation Daily (September 8, 2016); “Practice Group Performs In Spotlight and Under Pressure,” Los Angeles and San Francisco Daily Journal (March 14, 2012); “Litigator of the Week,” The AmLaw Litigation Daily (June 23, 2011); “Lawyer of the Week,” The Times of London (June 30, 2011); “Appellate Lawyer of the Week,” National Law Journal (March 23, 2011); “Litigation Department of the Year,” The American Lawyer (January 2016); “Litigation Department of the Year,” The American Lawyer (January 2012); “Litigation Department of the Year,” The American Lawyer (January 2010); and “He’s a Hired Gun of the Highest Caliber,” The Los Angeles Times (June 24, 2007).
In 2025, The Daily Journal recognized Mr. Boutrous with its inaugural Distinguished Counsel award, which honors lawyers “whose consistent excellence and enduring influence in California’s legal community have earned them a place among the Top 100 lawyers for 15 years or more,” and has repeatedly named him to its list of “Top 100 Lawyers” and “Leading Commercial Litigators” in California for over two decades. The Hollywood Reporter, featuring him in Power Lawyers 2021: Hollywood’s Top 100 Attorneys, declared that “Boutrous is there when an industry’s future rides on a big argument.” He has been named a California “Litigation Star” in Benchmark Litigation, as well as a “National Practice Area Star.” Chambers USA ranks him as a leading lawyer in five different categories, describing him as “an absolute star,” with clients praising his skills as “an amazing orator” and his “incredible knack of picking the winning argument and his oral advocacy skills are peerless. He picks the right point in response to every question without even blinking.” The Legal 500 named Mr. Boutrous a “Leading Lawyer” for Supreme Court and Appellate litigation, calling him a “renowned advocate” and “the preeminent authority on punitive damages defenses in the U.S.” Lawdragon recognizes Mr. Boutrous as one of its distinguished "Lawdragon Legends," an honor reserved for those who have appeared in Lawdragon's guide at least ten times since its inception in 2005. Over the years, he has been named to the following Lawdragon lists: 500 Leading Litigators in America, Leading Global Litigators, 500 Leading Lawyers in America, 500 Leading Global Entertainment, Sports & Media Lawyers, 500 Global Leaders in Crisis Management, and 100 Leading AI & Tech Legal Advisors.
Mr. Boutrous is a frequent commentator on legal issues. His articles include: Spare the ‘Dreamers’ a Nightmare by According Them Due Process,” The Wall Street Journal (May 2, 2017); “Poor Children Need a New Brown v. Board of Education,” The Wall Street Journal (August 28, 2016); “A First Amendment Blind Spot,” The Wall Street Journal (May 27, 2014); “California Kids Go to Court to Demand a Good Education,” The Wall Street Journal (January 28, 2014); “A Radical Departure on Press Freedom,” The Wall Street Journal (May 23, 2013); “A Killer’s Notebook, a Reporter’s Rights,” The New York Times (April 9, 2013); and “Broadcast ‘Indecency’ on Trial,” The Wall Street Journal (January 17, 2012).
Mr. Boutrous is a member of the Steering Committee of the Reporters Committee for Freedom of the Press and was a recipient of its 2021 Freedom of the Press Awards. He also sits on the Advisory Board of the International Women’s Media Foundation, which named him its 2015 Leadership Honoree. In addition, he is a member of the Advisory Board of the United States Court of Appeals for the Ninth Circuit, which advises the Chief Judge on matters related to the effective administration of the courts in the Ninth Circuit.
Mr. Boutrous received his law degree, summa cum laude, from the University of San Diego School of Law in 1987, where he was Valedictorian and Editor-in-Chief of the San Diego Law Review.
Mr. Boutrous is admitted to practice in California, New York, and the District of Columbia.
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
Chief Judge, United States Court of Appeals, Eleventh Circuit
William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.
In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.
He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University.
He served as the 45th Attorney General of Alabama from 1997 to 2004. When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.
He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.
He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.
He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.
Executive Director, Alliance For Consumers
O.H. leads Alliance For Consumers, which fights to ensure that consumer protection efforts, class action lawsuits, and attorney general enforcement actions are consistent with the rule of law and benefit everyday consumers, not just class action lawyers and career bureaucrats.
His work with AFC builds off his time with the Arizona Attorney General's Office under Attorney General Mark Brnovich, where he not only defended constitutional questions and served as the State's lead counsel in the U.S. Supreme Court, but also had the privilege of leading Arizona's consumer protection lawsuit against Google over the tracking of consumers' location, and the successful case against Volkswagen over well-publicized diesel-related consumer deception.
O.H. is a 2010 graduate of Harvard Law School. Before joining Attorney General Brnovich in 2016, O.H. practiced at WilmerHale and Ropes & Gray in Boston and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia.
2024 Civil Justice Update
Mark A. Behrens
Federalist Society Review, Volume 26
This paper reviews key civil justice issues and changes in 2024. Part I discusses legal reform...
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A Guide to Locating and Obtaining Older Federal Court Records
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In-House Counsel Network: The Litigation Environment - Public Nuisance, Market-Share, and Consumer Protection Liability
Theodore J. Boutrous, Elbert Lin, William H. Pryor, Oramel H. Skinner
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Theories of nuisance, market-share, and consumer protection liability have become increasingly popular among plaintiffs who...