Attorney, Institute for Justice
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
One of Anya’s PIA cases—Gonzalez v. Trevino—was heard by the United States Supreme Court on March 20, 2024. She argued the case for the petitioner, with the goal of convincing the Justices that retaliatory arrests not involving on-the-spot decisions by police officers should be actionable under the First Amendment regardless of probable cause. The decision is expected in June.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Donald M. Ephraim Professor of Law and Economics, University of Chicago Law School
Tony Casey is an expert on business law, finance, and corporate bankruptcy. His research—which has been published in the Yale Law Journal, the Columbia Law Review, the Supreme Court Review, and the University of Chicago Law Review—examines the intersection of finance and law. He has also written about the role of intellectual property law in the organization and financing of creative projects and about how technological innovation is changing the foundations of our legal system more generally.
Before entering academics, Professor Casey was a partner at Kirkland and Ellis, LLP. Before joining Kirkland & Ellis, he was an associate at Wachtell, Lipton, Rosen & Katz. His legal practice focused on corporate bankruptcy, merger litigation, white-collar investigations, securities litigation, and complex class actions. Casey also served as a law clerk for Chief Judge Joel M. Flaum of the United States Court of Appeals for the Seventh Circuit.
Professor Casey received his JD with High Honors in 2002 from the University of Chicago Law School. He received the John M. Olin Prize for the outstanding student of law and economics.
Professor Casey teaches courses and seminars in corporate governance, business law, bankruptcy and reorganization, finance, litigation strategy, civil procedure, and law and technology.
Associate Professor of Law, Emory University School of Law
Lindsey Simon is an associate professor at the Emory University School of Law.
Her research focuses on the bankruptcy system, drawing concepts from bankruptcy structure and procedure to address broader institutional design challenges. Simon’s articles have been published in the Administrative Law Review, the Cardozo Law Review, the Indiana Law Journal and the North Carolina Law Review. Simon’s most recent scholarship addresses the intersection between mass torts and bankruptcy, including an article on non-debtor relief in Chapter 11 forthcoming in the Yale Law Journal. She has assisted academics, judges, members of Congress and many other stakeholders on the subject of mass tort bankruptcies, and her commentary in connection with the Purdue Pharma, Boy Scouts of America and USA Gymnastics bankruptcies has appeared in various media outlets, including The Wall Street Journal, The New York Times, Forbes, The Economist, NPR and Reuters.
Before joining the Emory Law faculty in 2023, Professor Simon served as the Robert Cotten Alston Associate Chair in Corporate Law at the University of Georgia School of Law. Prior to becoming a professor, Simon was an associate at Kilpatrick Townsend & Stockton, where her practice involved a mix of commercial litigation and corporate restructuring matters. She represented corporations, committees and individuals in state and federal litigation, both in and out of the bankruptcy context. Simon also practiced at a litigation boutique in Chicago, Illinois, and served as a judicial clerk for Judge Beverly B. Martin on the U.S. Court of Appeals for the Eleventh Circuit. Additionally, she taught as an adjunct professor at the Georgia State University College of Law.
Simon earned her law degree magna cum laude from the Northwestern University Pritzker School of Law and obtained her Bachelor of Music magna cum laude and her Master of Education from Vanderbilt University.
She is an active member of the American Bankruptcy Institute, where she serves as a member of the ABI Diversity Working Group. She previously served as vice chair and community service co-chair for the Georgia Network of the International Women's Insolvency & Restructuring Confederation and as vice president of the board of directors of the Georgia Latino Law Foundation.
Co-Founder & Partner, Watts Guerra LLP
Born July 17, 1967, in Corpus Christi, Texas, Mikal C. Watts earned his undergraduate degree from the University of Texas in 1987, receiving a Bachelor of Arts with high honors after just two years of study. He graduated with honors from the University of Texas School of Law in 1989 at the age of twenty-one.
In 1989-1990, Mr. Watts worked as a briefing attorney for Hon. Thomas R. Phillips, Chief Justice of the Supreme Court of Texas. In September 1990, he became an associate at David L. Perry & Associates in Corpus Christi, Texas, and was named a partner in December 1991. Until March 31, 1997, he served as a partner in the law firm of Perry & Haas, L.L.P. On April 1, 1997, Mr. Watts formed his own firm, Harris & Watts, P.C. After 4 highly successful years, the law firm reorganized, with Mr. Watts and Denman H. Heard joining together to form Watts & Heard, L.L.P. in March of 2001. During that time, Mr. Watts expanded the law firm to 29 lawyers, with offices in 5 Texas cities and a support staff of over 100.
In August of 2002, Mikal Watts formed Watts Law Firm, L.L.P. In 2009, Mikal Watts joined forces with Francisco Guerra IV to form Watts Guerra LLP which handles catastrophic personal injury, toxic torts, product liability, automotive defects, refinery negligence, commercial trucking negligence, medical device, pharmaceutical, and commercial litigation.
Mr. Watts has been admitted to practice pro hoc vice in New, York, Alabama, Florida, New York, Minnesota, Mississippi, and California. Mr. Watts has defended punitive damages obtained in federal court by oral argument before the United States Court of Appeals for the Fifth Circuit.
Mr. Watts’ litigation against Bridgestone/Firestone, Inc. and Ford Motor Company resulted in resolving the most significant product liability case in the country. The terms of the settlement in the Bailey case were unprecedented in American history for a case of this type; not only monetarily, but by virtue of what the companies agreed to do with respect to the disclosure of information relating to their own investigations into the alleged defects with their products and their corporate safety policies and practices.
Watts Guerra LLP is nationally recognized as one of two firms leading in the pursuit of hundreds of claims brought nationwide against Bridgestone/Firestone, Inc. and Ford Motor Company.
Mr. Watts was instrumental in bringing to light Ford’s quiet efforts to recall these defective tires in foreign countries while consumers in the United States continued to be injured or killed riding on the same tires. This litigation and settlement has been chronicled on the ABC World News Tonight, CBS Evening News, Dateline NBC, and CNBC, and in the Wall Street Journal, USA Today, Washington Post, Associated Press, and all other major news sources in this country and around the world.
Donald M. Ephraim Professor of Law and Economics, University of Chicago Law School
Tony Casey is an expert on business law, finance, and corporate bankruptcy. His research—which has been published in the Yale Law Journal, the Columbia Law Review, the Supreme Court Review, and the University of Chicago Law Review—examines the intersection of finance and law. He has also written about the role of intellectual property law in the organization and financing of creative projects and about how technological innovation is changing the foundations of our legal system more generally.
Before entering academics, Professor Casey was a partner at Kirkland and Ellis, LLP. Before joining Kirkland & Ellis, he was an associate at Wachtell, Lipton, Rosen & Katz. His legal practice focused on corporate bankruptcy, merger litigation, white-collar investigations, securities litigation, and complex class actions. Casey also served as a law clerk for Chief Judge Joel M. Flaum of the United States Court of Appeals for the Seventh Circuit.
Professor Casey received his JD with High Honors in 2002 from the University of Chicago Law School. He received the John M. Olin Prize for the outstanding student of law and economics.
Professor Casey teaches courses and seminars in corporate governance, business law, bankruptcy and reorganization, finance, litigation strategy, civil procedure, and law and technology.
Associate Professor of Law, Emory University School of Law
Lindsey Simon is an associate professor at the Emory University School of Law.
Her research focuses on the bankruptcy system, drawing concepts from bankruptcy structure and procedure to address broader institutional design challenges. Simon’s articles have been published in the Administrative Law Review, the Cardozo Law Review, the Indiana Law Journal and the North Carolina Law Review. Simon’s most recent scholarship addresses the intersection between mass torts and bankruptcy, including an article on non-debtor relief in Chapter 11 forthcoming in the Yale Law Journal. She has assisted academics, judges, members of Congress and many other stakeholders on the subject of mass tort bankruptcies, and her commentary in connection with the Purdue Pharma, Boy Scouts of America and USA Gymnastics bankruptcies has appeared in various media outlets, including The Wall Street Journal, The New York Times, Forbes, The Economist, NPR and Reuters.
Before joining the Emory Law faculty in 2023, Professor Simon served as the Robert Cotten Alston Associate Chair in Corporate Law at the University of Georgia School of Law. Prior to becoming a professor, Simon was an associate at Kilpatrick Townsend & Stockton, where her practice involved a mix of commercial litigation and corporate restructuring matters. She represented corporations, committees and individuals in state and federal litigation, both in and out of the bankruptcy context. Simon also practiced at a litigation boutique in Chicago, Illinois, and served as a judicial clerk for Judge Beverly B. Martin on the U.S. Court of Appeals for the Eleventh Circuit. Additionally, she taught as an adjunct professor at the Georgia State University College of Law.
Simon earned her law degree magna cum laude from the Northwestern University Pritzker School of Law and obtained her Bachelor of Music magna cum laude and her Master of Education from Vanderbilt University.
She is an active member of the American Bankruptcy Institute, where she serves as a member of the ABI Diversity Working Group. She previously served as vice chair and community service co-chair for the Georgia Network of the International Women's Insolvency & Restructuring Confederation and as vice president of the board of directors of the Georgia Latino Law Foundation.
Co-Founder & Partner, Watts Guerra LLP
Born July 17, 1967, in Corpus Christi, Texas, Mikal C. Watts earned his undergraduate degree from the University of Texas in 1987, receiving a Bachelor of Arts with high honors after just two years of study. He graduated with honors from the University of Texas School of Law in 1989 at the age of twenty-one.
In 1989-1990, Mr. Watts worked as a briefing attorney for Hon. Thomas R. Phillips, Chief Justice of the Supreme Court of Texas. In September 1990, he became an associate at David L. Perry & Associates in Corpus Christi, Texas, and was named a partner in December 1991. Until March 31, 1997, he served as a partner in the law firm of Perry & Haas, L.L.P. On April 1, 1997, Mr. Watts formed his own firm, Harris & Watts, P.C. After 4 highly successful years, the law firm reorganized, with Mr. Watts and Denman H. Heard joining together to form Watts & Heard, L.L.P. in March of 2001. During that time, Mr. Watts expanded the law firm to 29 lawyers, with offices in 5 Texas cities and a support staff of over 100.
In August of 2002, Mikal Watts formed Watts Law Firm, L.L.P. In 2009, Mikal Watts joined forces with Francisco Guerra IV to form Watts Guerra LLP which handles catastrophic personal injury, toxic torts, product liability, automotive defects, refinery negligence, commercial trucking negligence, medical device, pharmaceutical, and commercial litigation.
Mr. Watts has been admitted to practice pro hoc vice in New, York, Alabama, Florida, New York, Minnesota, Mississippi, and California. Mr. Watts has defended punitive damages obtained in federal court by oral argument before the United States Court of Appeals for the Fifth Circuit.
Mr. Watts’ litigation against Bridgestone/Firestone, Inc. and Ford Motor Company resulted in resolving the most significant product liability case in the country. The terms of the settlement in the Bailey case were unprecedented in American history for a case of this type; not only monetarily, but by virtue of what the companies agreed to do with respect to the disclosure of information relating to their own investigations into the alleged defects with their products and their corporate safety policies and practices.
Watts Guerra LLP is nationally recognized as one of two firms leading in the pursuit of hundreds of claims brought nationwide against Bridgestone/Firestone, Inc. and Ford Motor Company.
Mr. Watts was instrumental in bringing to light Ford’s quiet efforts to recall these defective tires in foreign countries while consumers in the United States continued to be injured or killed riding on the same tires. This litigation and settlement has been chronicled on the ABC World News Tonight, CBS Evening News, Dateline NBC, and CNBC, and in the Wall Street Journal, USA Today, Washington Post, Associated Press, and all other major news sources in this country and around the world.
Founder & CEO, Strategic Policy Counsel, PLLC
Alex Dahl has nearly three decades of experience in law and advocacy, having served in all three branches of the federal government as counsel to the Senate Judiciary Committee, a federal prosecutor, and a law clerk to a federal district court judge, as well as working in private practice as a lobbyist and civil litigator.
Alex serves as outside General Counsel to Lawyers for Civil Justice, a national coalition of corporations, law firms and defense lawyer organizations, promoting excellence and fairness in the civil justice system. LCJ is the corporate and defense bar voice for reforms aimed at securing the just, speedy and inexpensive determination of civil cases, notably including the 2015 Amendments to the Federal Rules of Civil Procedure which established “proportionality” in the scope of discovery and created a uniform standard for judicial handling of the loss of electronically stored information (ESI). Alex works with LCJ’s member experts to: (1) promote balance and fairness in the civil justice system; (2) reduce costs and burdens associated with litigation; and (3) promote more predictability and efficiency in litigation.
Prior to founding the firm, Alex was a shareholder at Brownstein Hyatt Farber Schreck, the second largest lobbying firm in Washington, D.C., for over 11 years. Alex represented companies and associations before Congress and the Executive Branch on a variety of policy issues.
Alex served as the Deputy Staff Director and Senior Counsel to the Senate Judiciary Committee, where he spent five years working for then-Chairman Orrin G. Hatch (R-UT) on legislative strategy concerning a wide variety of bills and constitutional amendments within the Committee's jurisdiction, which includes legal reform, antitrust, intellectual property, immigration policy and criminal law.
Alex also worked as an Assistant U.S. Attorney in the District of Columbia, where he prosecuted felony drug distribution and firearms cases in DC Superior Court. He was specially assigned to handle criminal intellectual property cases involving illegal sales of pirated DVD movies and music CDs.
Prior to his government service, Alex was a commercial litigator at Parsons Behle & Latimer in Salt Lake City, Utah, where he handled a variety of civil matters relating to electric utilities, securities and contract disputes.
Alex began his legal career as a law clerk for the Honorable Dee V. Benson, U.S. District Court Judge for the District of Utah.
Alex currently serves on the Board of Trustees of the University of Utah’s S.J. Quinney College of Law.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Partner and Lecturer
Adam Mortara graduated from the University of Chicago in 1996 with a B.Sc. in chemistry. He then attended Magdalene College, Cambridge, where he received a masters degree in astrophysics on a British Marshall Scholarship.
Mr. Mortara graduated from the University of Chicago Law School with highest honors in 2001. Following graduation, he clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and then for Justice Clarence Thomas of the Supreme Court of the United States. After his clerkships, he was a Temple Bar Scholar of the American Inns of Court.
From 2003 to 2020, Mr. Mortara was with Bartlit Beck LLP where he tried high stakes intellectual property cases and, more notably, Students For Fair Admissions v. Harvard. He retired from Bartlit Beck and founded Lawfair LLC, a civil and voting rights firm. He has been a Lecturer in Law at the University of Chicago Law School since 2007, where he teaches Federal Habeas Corpus, Federal Jurisdiction, Criminal Procedure, and Writing for the Judiciary.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Burnett v. Smith & Implied Rights of Action
Anya Bidwell, Erin M. Hawley
If a federal agent violates a citizen’s constitutional rights, does a justiciable cause of action...
Topics
ALI to Vote on No-Injury Medical Monitoring Proposal
The American Law Institute (ALI) will hold its Annual Meeting in Washington, DC on May...
Litigation Update: LTL Management’s Chapter 11 Bankruptcy
Anthony J. Casey, Lindsey Simon, Mikal C. Watts
LTL Management LLC (LTL) is a subsidiary of Johnson & Johnson (J&J) that was established...
Litigation Update: LTL Management’s Chapter 11 Bankruptcy
Anthony J. Casey, Lindsey Simon, Mikal C. Watts
LTL Management LLC (LTL) is a subsidiary of Johnson & Johnson (J&J) that was established...
Does Litigation Finance Disclosure Threaten National Security? A Debate from the Right
Alexander R. Dahl, Theodore "Ted" Frank, Adam K. Mortara
Arguments over third-party litigation funding are nothing new. Opponents have argued the funding promotes frivolous...
Courthouse Steps Oral Argument: Counterman v. Colorado
Kent Scheidegger
On April 19, 2023, the Court is set to consider a question of free speech...
Courthouse Steps Oral Argument: Counterman v. Colorado
Kent Scheidegger
On April 19, 2023, the Court is set to consider a question of free speech...
Topics
Supreme Court Holds That Federal District Courts Have Jurisdiction To Hear Structural Challenges To FTC And SEC
This blog post has been reprinted with permission from Gibson Dunn’s website. The Supreme...
Topics
Brown v. City of Phoenix: Can Common Law Make Up for a Lack of Common Sense?
The city rain conjures a foul river of garbage, used needles, drug paraphernalia, and fetid...
PG-15: FedSoc Study Break: Reflections on 30 Years of Trial and Appellate Litigation
The Federalist Society’s Litigation Practice Group, Student Division & UNC School of Law Chapter present Reflections on...