Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Vice President & Senior Counsel, Becket
Luke Goodrich is the author of Free to Believe: The Battle over Religious Liberty in America and vice president and senior counsel at the Becket Fund for Religious Liberty.
While at Becket, Luke has argued and won precedent-setting cases in the Third, Fifth, Seventh, Ninth, and Eleventh Circuits, and has helped Becket win four major Supreme Court cases in the last seven years: including victories for the Little Sisters of the Poor and Hobby Lobby against the contraception mandate, a victory for a Muslim prisoner under the Religious Land Use and Institutionalized Persons Act, and a unanimous victory in the Supreme Court’s first decision ever on the ministerial exception, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”
He frequently discusses religious freedom on networks such as CNN, Fox News, ABC, and NPR, and in publications like the Wall Street Journal, USA Today, and New York Times magazine. He also serves as an adjunct professor at the University of Utah S.J. Quinney College of Law, where he teaches constitutional law.
Before joining Becket, he clerked for Judge Michael W. McConnell on the U.S. Court of Appeals for the Tenth Circuit and graduated from the University of Chicago Law School with high honors as a member of the Law Review and the Order of the Coif.
Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
Partner, Foley & Lardner LLP
Ed Burbach is a Partner at Foley & Lardner LLP.
As a focused litigation lawyer, Ed Burbach represents corporations, individuals and governmental entities in matters involving local, state and federal governments – with emphasis on the state of Texas. He has special experience as a Medicaid fraud attorney, with deceptive trade practices, FTC, FOIA litigation /Public Information Act litigation and attorney general opinions. Ed also has nearly 30 years of experience litigating significant government, energy, maritime, insurance, financial services, pharmaceutical, health care provider, retailer, corporate, multistate and class action claims.
Appointed by now-Texas Governor Greg Abbott as his original Deputy Attorney General for Litigation, Ed served as Texas’ lead litigator and directly supervised all of Attorney General Abbott’s 11 civil litigation divisions, including 250 attorneys, over 600 employees and a $35 million budget. Ed also served as Texas’ main litigation liaison with the National Association of Attorneys General during Attorney General Abbott’s first and second terms. Ed maintained a heavy litigation docket representing the state and its leadership in high-profile litigation, such as Medicaid fraud, energy, financial services, environmental, Public Information Act, the historic Texas Tobacco Settlement, school finance, congressional redistricting and election law challenges brought by major political candidates. Upon announcing Ed’s return to private practice Governor Abbott advised:
“For more than three years, Ed Burbach has been a trusted advisor whose expert legal skills and careful management have yielded real results for the State of Texas,” said Attorney General Abbott.
“Under Ed’s leadership, our Consumer Protection Division obtained tens of millions of dollars in restitution for Texas consumers, and our Civil Medicaid Fraud Division uncovered more than a hundred million dollars in fraudulent Medicaid overpayments. Ed also guided the State through its most difficult legal disputes, including lawsuits challenging the Texas tobacco settlement and the state’s school funding plan. We all appreciate Ed’s distinguished service to this agency and wish him well on his return to the private sector.”
Ed’s clients often face costly, multiyear, high-stakes claims. For example, in State of Texas v. Petroleum Wholesale, et al., Ed defended claims brought by the state of Texas alleging $200 million in civil penalties for allegedly misrepresenting the amount of fuel delivered at retail gasoline and diesel pumps in Texas. He also served as lead counsel in the defense of the state Multidistrict Litigation Panel proceeding and as lead counsel in defense of various state purported class action litigation.
Ed serves as the Austin Office Chair for Corporate, and he remains active with the attorney’s general offices throughout the United States.
Co-CEO, Neora
Deborah Heisz is the Co-CEO of Neora, a Texas-based global relationship marketing company offering proprietary age-fighting skincare and wellness products.
With more than 20 years of leadership experience in a variety of roles within the multibillion dollar direct selling industry, Deborah Heisz has successfully built and led strong teams to achieve strategic goals.
Deborah has successfully chaired Neora’s global steering committee and directed the leadership team to position the company for new growth domestically and internationally. Deborah is driven to ensure that Neora continues to move forward as a unique model of positivity, diversity, innovation and integrity in the worldwide direct selling industry.
In addition to her position as Neora’s Co-CEO, Deborah maintains her role as Chief Executive Officer of Live Happy, LLC. Deborah is the co-founder and editorial director of the positive lifestyle magazine Live Happy and the happiness movement. A graduate of Texas Tech University with a bachelor’s degree in English, Deborah also holds an MBA from The University of Dallas.
Professor of Clinical Law, Brooklyn Law School
Jodi S. Balsam is Professor of Clinical Law at Brooklyn Law School and a nationally recognized expert on Sports Law. She directs the BLS Sports Law Clinic and Sports Law Externship Program. She teaches Sports Law at both BLS and NYU School of Law, and has also taught the subject at New York Law School, University of New Hampshire School of Law, Bucerius Law School in Hamburg, Germany, Mathias Corvinus Collegium in Budapest, Hungary, and the MESGO Executive Masters Program in Global Sport Governance. Professor Balsam has served as an arbitrator for the National Collegiate Athletic Association on complex infractions cases, and now serves as a neutral for FAIR Sports, which hears cases involving college athletics.
Professor Balsam frequently writes and speaks on sports law topics, including as co-author of Weiler’s Sports and the Law, a leading casebook in the field. Her publications and presentations have addressed antitrust challenges to sports leagues and organizing bodies, sports trademarks, athletes’ rights of free expression and name/image/likeness exploitation, sports gambling and integrity, sports league governance, and the role of the sports agent. She frequently appears in the media on legal issues in sports, including NBC Sports/The Golf Channel, ESPN, Law360 Sports and Betting, The Athletic, Front Office Sports, USA Today, and the Wall Street Journal. She is on the editorial boards of Law360-Sports & Betting, the Journal of Legal Aspects of Sport, and the international sports law newsletter LawInSport.
Before joining academia, Professor Balsam was the National Football League's Counsel for Operations and Litigation, where she managed litigation in all areas of law, oversaw a variety of policy and operational matters, negotiated and drafted contracts for League special events including the Super Bowl, and administered the League's internal dispute resolution processes and compliance program. Prior to the NFL she was a litigator with the New York office of Simpson Thacher & Bartlett, where she represented sports and entertainment clients in antitrust matters and complex commercial litigation. She served as a law clerk for Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit and for Judge Charles Brieant of the U.S. District Court for the Southern District of New York. A graduate of Yale College, Professor Balsam received her law degree from NYU School of Law.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
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
Deputy Assistant Attorney General, Office of Legal Policy, Department of Justice
GianCarlo Canaparo serves as Deputy Assistant Attorney General in the Office of Legal Policy at the Department of Justice. There, he oversees the Office's regulatory work and is the Department's liaison to the Office of Information and Regulatory Affairs. He also assists the White House in the process of selecting nominees for federal judgeships and advises Department leadership on policy and legal matters.
Before joining the Department, Canaparo was a senior legal fellow at The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies where he researched constitutional law, administrative law, and civil rights.
Canaparo’s scholarship has appeared in various law reviews including the Harvard Journal of Law and Public Policy, the Notre Dame Law Review, the Georgetown Journal of Law and Public Policy, the Texas Review of Law and Politics, and the Administrative Law Review. His research has been cited by Justice Neil Gorsuch and featured in the Wall Street Journal and Washington Post. His analysis has appeared in Law & Liberty, Civitas, Fox News, The National Review, Law 360, FedSoc Blog, and other outlets.
Canaparo co-hosted The Heritage Foundation’s SCOTUS 101 podcast, which follows the Supreme Court’s arguments and opinions and features interviews with judges, advocates, and scholars.
After graduating Georgetown law, Canaparo spent three years at the law firm of Skadden, Arps, Slate, Meagher & Flom and two years as a federal law clerk. He earned his bachelor’s degree in economics from the University of California at Davis.
Canaparo is a classical pianist and organist.
An Imagined Bloc and Other Figments
Donald A. Daugherty
Federalist Society Review, Volume 21
A review of American Justice 2019: The Roberts Court Arrives, by Mark Joseph Stern (University...
Topics
A Billion Dollar (Almost) Trade Secrets Dispute
Automated valuation models (AVMs) – computer models typically employing artificial intelligence (AI) and used to...
Litigation Update: COVID-19 and the Supreme Court’s Religious Liberty Cases
Luke Goodrich
Amid a flurry of cancelations and postponements in response to the COVID-19 pandemic, many are...
Courthouse Steps Decision Teleforum: Kansas v. Glover
Brian M. Fish
On April 6, 2020, the Supreme Court, by a vote of 8-1, held that reasonable...
Deep Dive Episode 101 – Litigation Update: Neora v. FTC
Ed Burbach, Deborah Heisz
Regulatory Transparency Project Teleforum
On November 1, 2019, Neora, a Texas-based healthcare products multi-level marketing (MLM) business, filed suit...
Ex-Prosecutors And The Federal Judiciary
Jodi S. Balsam, Clark Neily, Jesse Panuccio
Professional Responsibilities & Legal Education Practice Group Teleforum
Amongst the many studies of the makeup of the Federal Judiciary, one particularly noticeable characteristic is the...
Topics
Are "Knock-Off Elves" An Emergency?
Judge Steven Seeger of the United States District Court for the Northern District of Illinois...
Topics
Preemption Issues in Broadband Regulation
In an article published last week, The Preemption Predicament Over Broadband Internet Access Services, Lawrence J....
Leaving Them Speechless: Does the SEC Silence Criticism?
Margaret A. Little
Few Americans know that when they settle a case with the SEC (or the CFTC which...
Courthouse Steps Decision: Kahler v. Kansas
GianCarlo Canaparo
On March 23, 2020, the Supreme Court, by a vote of 6-3, held that the...