Former CEO, Vascular Solutions
Howard Root is the recently-retired Chief Executive Officer of Vascular Solutions, Inc., a company he founded in 1997, took public in 2000, and grew into a worldwide medical device company that he sold to Teleflex for $1 billion in February 2017. Over the company’s 20 years, Howard led Vascular Solutions in inventing, developing and launching over 100 new medical devices that are used daily to improve the lives of patients suffering from cardiovascular disease. In 2014, Vascular Solutions and Howard were indicted on felony charges alleging the company’s salespeople had promoted off-label an FDA-cleared medical device that made up only 0.1% of the company’s sales and never harmed a single patient. After surviving an arduous legal process, with 121 attorneys charging $25 million in legal fees, in February 2016 the jury returned a verdict of not guilty on all charges, even though the defense didn’t call a single witness to testify in the four-week trial.
Founder, President and CEO, LabMD
Mike Daugherty is the CEO of LabMD, a cancer testing laboratory. He has spent most of the last decade defending his company against charges that it had deficient cybersecurity practices. The early years of his entering and fighting Washington, DC, are recorded in his book, “The Devil Inside the Beltway”. In so doing, he has become the only litigant to challenge the basic authority that underlies more than 200 enforcement actions relating to cybersecurity and online privacy that the FTC has brought over the past 15 years. Every one of the 200+ litigants before him – including some of the largest companies in the world – have settled with the FTC, creating an unquestioned and untested belief that the FTC has broad authority to regulate in these areas. Following oral arguments in June, 2017, before a panel of the 11th Circuit Court of Appeals, it seems entirely possible that he will prevail. In so doing, he may well topple key pillars of the FTC’s cybersecurity and online privacy edifice, successfully exposing and challenging The Administrative State.
Senior Fellow and Academic Director, Penn Carey Law School
Gus Hurwitz is a Senior Fellow and the Academic Director of the Center for Technology, Innovation & Competition and the University of Pennsylvania Carey Law School where he is working to develop academic and scholarly programs at the intersecution of law, technology, and policy.
He is also Director of Law & Economics Programs at the International Center for Law & Economics (ICLE), a think tank based in Portland, Oregon, where he directs its law and economics-focused research program and helps to translate academic research into applied policy issues.
Hurwitz's research focuses on the regulation of technology, including administrative and regulatory law, antitrust law, torts and products liability, and media law - alongside cognate fields. Inrecent years he has worked on an AI standardization initiative with Seoul National University, a UNICEF-organized study of broadband deployment to public schools in Rwanda, and a book on conglomerate and ecosystems theories of antitrust.
He has published over 30 articles and book chapters, two books (one on cybersecurity law & policy, one on media regulation in the digital era) and have two more in process, over 100 shorter writings (op-eds, shorter analyses, blog posts, &c), hosted over 100 podcast episodes, and regularly appear or am quoted in popular media (including the NY Times, Wall Street Journal, Washington Post, and Associated Press). His work has been cited by legislators, federal courts of appeals, and federal regulatory agencies.
He was previously a full professor and founding director of the Governance & Technology Center at the University of Nebraska, prior to which he was the inaugural research fellow at the Center for Technology, Innovation & Competition (CTIC). From 2007 to 2010, he was a trial attorney with the U.S. Department of Justice Antitrust Division in the Telecommunications and Media Enforcement Section.
He also is, or has been, affiliated with the Classical Liberal Institute at New York University School of Law, the National Security Institute at George Mason University, and the American Enterprise Institute (AEI).
Before attending law school, Hurwitz worked at Los Alamos National Lab and interned at the Naval Research Lab. During this time his work was recognized by the Federal Laboratory Consortium, Los Alamos National Lab, IEEE & ACM, Corporation for Education Network Initiatives in California, R&D Magazine, and even the Guinness Book of World Records.
A current list of Hurwitz’s publications is available on his website: GusHurwitz.net.
Partner, Hogan Lovells U.S. LLP
Michael P. Kelly is a partner at the law firm of Hogan Lovells U.S. LLP and represents corporations and individuals in a wide range of matters involving federal criminal law. He defends companies and individuals facing criminal cases and investigations brought by the United States Department of Justice. He helps boards of directors and corporations respond to allegations of potentially illegal conduct, including through extensive, thorough, and swift internal investigations. He works from the firm’s Washington, D.C. office, and represents clients in cases in the United States and abroad.
In defending clients in criminal cases, Mr. Kelly has helped them resolve issues involving a wide range of U.S. criminal law, including statutes related to the Foreign Corrupt Practices Act (FCPA), money laundering, conspiracy, tax fraud, wire fraud, mail fraud, sanctions, health care fraud, and theft. He has conducted investigations in numerous countries, including in the United Kingdom, France, Switzerland, Austria, the Czech Republic, Poland, and Brazil.
Some of Mr. Kelly’s cases include the following:
Martindale-Hubbell has awarded Mr. Kelly with its highest rating in White Collar Crime, Criminal Law, and Litigation. In doing so, Martindale-Hubbell cited one defense lawyer who reported: "Michael Kelly and I represented separate individuals in a very complicated and difficult criminal investigation for the past three years. His work on this case was outstanding. His efforts were the primary reason the case was concluded in a very favorable way for our clients and four others. He is an outstanding lawyer and a gentleman."
Mr. Kelly writes frequently on issues of criminal law. His articles have appeared in publications such as American Criminal Law Review, Global Investigations Review, Corporate Counsel, Bloomberg BNA, European Lawyer, and International Law Office. Mr. Kelly also has extensive experience in complex civil cases, including class actions, involving a large variety of civil claims. Prior to entering private practice, Mr. Kelly served as a law clerk to U.S. District Judge Ewing Werlein, Jr. of the U.S. District Court for the Southern District of Texas.
Founder, Wanger Investment Management
Member, Foster Pepper PLLC
Tom Ahearne has over 30 years of litigation experience. His practice focuses on two distinct areas: (1) representing policyholders in insurance coverage disputes, and (2) representing litigants in suits based on constitutional law, statutory rights, and election disputes.
Insurance Coverage: Tom has been successfully representing insureds and claimants in a wide array of state and federal court coverage litigation since the 1980s. He’s a frequent speaker on insurance coverage at trade association and legal industry seminars, and was named the Best Lawyers® 2011 Insurance Law “Lawyer of the Year” in Seattle.
Constitutional Law, Statutory Rights, & Elections: Tom’s experience over the past three decades includes major constitutional suits such as the McCleary education funding litigation, election disputes such as the Rossi-Gregoire Governor’s election lawsuits, numerous ballot title challenges including I-933, I-895, I-892, I-885, I-884, I-864, & I-860, and cases resolving the enforcement or validity of statutes and initiatives such as Washington’s Top-Two primary system and various Tim Eyman measures. Tom’s related work has been recognized in publications such as Washington Super Lawyers (2012 “Paramount Duty” article) and Seattle Magazine (“2010 Most Influential Lawyer of the Year”).
Joel focuses his litigation practice on the defense of patent infringement claims and challenges to patent validity as well as disputes over trademarks, copyrights and other intellectual property. A registered patent attorney, he has deep experience in post-grant practice before the Patent Office, particularly contested review conducted in parallel with patent infringement litigation. Joel works closely with trial teams preparing patent portfolios for assertive litigation through rigorous “pre-examination” claim validity review and owner-directed re-examination and correction. He has also represented clients in copyright matters and related questions involving the rights surrounding various methods of copying, storing, reproducing and streaming digital media.
Joel litigates and advises candidates, election officials and members of the public on election law, including ballot access and integrity provisions of federal law. He has extensive experience in voter roll integrity and language minority ballot access provisions of federal election statutes. Joel has investigated and enforced statewide violations of Section 8 of the National Voter Registration Act, and implemented election day polling place observers in primary and general elections in numerous jurisdictions.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Director, Sitren Legal
Carrie Ann Donnell joined Arizona’s legal community after graduating law school from Wake Forest University. While clerking at a civil liberties firm in Phoenix (the Institute for Justice), Carrie Ann undertook two milestone voyages – to the courthouse to file her first legal brief, and to the wilderness to spend her first night in a tent. True to character, Carrie Ann spent months diligently preparing for both, and set her sights high. Her brief went to the Arizona Supreme Court, and her camping trip spanned four nights in the Grand Canyon. Carrie Ann soon made her home in the valley, where she enjoys rafting, hiking, and camping with her children.
Carrie Ann began her professional career at the Goldwater Institute, filling three roles simultaneously. As litigation attorney, paralegal, and administrative support for the brand new two-person legal team, Carrie Ann quickly became familiar with all aspects of representing clients. Her first lawsuit went to the Arizona Supreme Court to vindicate the Gift Clause of the Arizona Constitution on behalf of taxpayers in a $100 million subsidy challenge. Carrie Ann later launched the American Freedom Network for pro bono service at the Goldwater Institute.
Carrie Ann is honored to have directed the Pro Bono Center at the Federalist Society, where she remains an active member.
Superior Court of California for the County of Los Angeles
Carolyn Barbara Kuhl is a judge on the Superior Court of California for the County of Los Angeles and a former nominee to the United States Court of Appeals for the Ninth Circuit. After receiving her law degree in 1977 from Duke Law School, she clerked for future Supreme Court Justice, Anthony M. Kennedy, from 1977–78. From 1981–86, she served in the United States Department of Justice. She worked as a partner in the Los Angeles law firm of Munger, Tolles & Olson, focusing on civil business litigation with a specialty in appellate litigation, from 1986–95. She became a judge on the Superior Court of California for the County of Los Angeles in 1995 and was nominated to a seat on the United States Court of Appeals for the Ninth Circuit on June 22, 2001 by President George W. Bush.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Member, Foster Pepper PLLC
Tom Ahearne has over 30 years of litigation experience. His practice focuses on two distinct areas: (1) representing policyholders in insurance coverage disputes, and (2) representing litigants in suits based on constitutional law, statutory rights, and election disputes.
Insurance Coverage: Tom has been successfully representing insureds and claimants in a wide array of state and federal court coverage litigation since the 1980s. He’s a frequent speaker on insurance coverage at trade association and legal industry seminars, and was named the Best Lawyers® 2011 Insurance Law “Lawyer of the Year” in Seattle.
Constitutional Law, Statutory Rights, & Elections: Tom’s experience over the past three decades includes major constitutional suits such as the McCleary education funding litigation, election disputes such as the Rossi-Gregoire Governor’s election lawsuits, numerous ballot title challenges including I-933, I-895, I-892, I-885, I-884, I-864, & I-860, and cases resolving the enforcement or validity of statutes and initiatives such as Washington’s Top-Two primary system and various Tim Eyman measures. Tom’s related work has been recognized in publications such as Washington Super Lawyers (2012 “Paramount Duty” article) and Seattle Magazine (“2010 Most Influential Lawyer of the Year”).
Joel focuses his litigation practice on the defense of patent infringement claims and challenges to patent validity as well as disputes over trademarks, copyrights and other intellectual property. A registered patent attorney, he has deep experience in post-grant practice before the Patent Office, particularly contested review conducted in parallel with patent infringement litigation. Joel works closely with trial teams preparing patent portfolios for assertive litigation through rigorous “pre-examination” claim validity review and owner-directed re-examination and correction. He has also represented clients in copyright matters and related questions involving the rights surrounding various methods of copying, storing, reproducing and streaming digital media.
Joel litigates and advises candidates, election officials and members of the public on election law, including ballot access and integrity provisions of federal law. He has extensive experience in voter roll integrity and language minority ballot access provisions of federal election statutes. Joel has investigated and enforced statewide violations of Section 8 of the National Voter Registration Act, and implemented election day polling place observers in primary and general elections in numerous jurisdictions.
Senior Attorney, Institute for Justice
Paul Avelar is the Managing Attorney of the Institute for Justice Arizona Office. He joined the Institute in March 2010 and litigates free speech, property rights, economic liberty, school choice and other constitutional cases in federal and state courts.
As the head of IJ’s national Braiding Freedom Initiative, Paul represents natural hair braiders across the country to protect their right to earn an honest living. The Initiative uses lawsuits, activism and research to remove laws that require potential braiders to undergo hundreds of costly training hours just to braid hair. Since IJ launched the Braiding Freedom Initiative in 2014, 12 additional states have freed braiders from unnecessary licensing burdens. Paul drafted the model Natural Hair Braiding Protection Act, which has been adopted in Arkansas, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, Texas and South Dakota. He is currently representing braiders in Missouri, where state laws infringe upon their right to earn an honest living.
In his free speech work, Paul has challenged numerous laws that trample First Amendment rights. In Arizona Freedom Club PAC v. Bennett, he represented candidates and independent groups in a successful U.S. Supreme Court challenge to the “matching funds” provision of Arizona’s publicly financed elections system. He represented grassroots groups and individuals in Arizona, Mississippi and Washington, where state laws burdened their political speech by requiring them to register with the government, to navigate complex regulations and to face fines and possible criminal penalties merely because they talked about political issues. In Washington, Paul protected a lawyer’s right to defend, pro-bono, the First Amendment rights of political speakers. Through litigation and legislation, Paul leads the fight against abusive civil forfeiture laws in Arizona and elsewhere.
Paul also co-authored the most comprehensive published study of economic liberty protections in the Arizona Constitution. The Chief Justice of the Arizona Supreme Court appointed Paul to the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, where he dissented from the majority report and called on leaders to substantially reform the Bar and state regulation of the practice of law. He often speaks at law schools across the country about constitutional issues and his work at IJ.
Prior to joining IJ-AZ, Paul worked as an attorney in Philadelphia. He clerked for Judge Roger Miner on the 2nd U.S. Circuit Court of Appeals, Justice Andrew Hurwitz on the Arizona Supreme Court, and Judge Daniel Barker on the Arizona Court of Appeals.
Paul graduated manga cum laude from the Arizona State University College of Law in 2004 and was elected to the Order of the Coif. He received his undergraduate degree from Princeton University in 2000.
Director, Sitren Legal
Carrie Ann Donnell joined Arizona’s legal community after graduating law school from Wake Forest University. While clerking at a civil liberties firm in Phoenix (the Institute for Justice), Carrie Ann undertook two milestone voyages – to the courthouse to file her first legal brief, and to the wilderness to spend her first night in a tent. True to character, Carrie Ann spent months diligently preparing for both, and set her sights high. Her brief went to the Arizona Supreme Court, and her camping trip spanned four nights in the Grand Canyon. Carrie Ann soon made her home in the valley, where she enjoys rafting, hiking, and camping with her children.
Carrie Ann began her professional career at the Goldwater Institute, filling three roles simultaneously. As litigation attorney, paralegal, and administrative support for the brand new two-person legal team, Carrie Ann quickly became familiar with all aspects of representing clients. Her first lawsuit went to the Arizona Supreme Court to vindicate the Gift Clause of the Arizona Constitution on behalf of taxpayers in a $100 million subsidy challenge. Carrie Ann later launched the American Freedom Network for pro bono service at the Goldwater Institute.
Carrie Ann is honored to have directed the Pro Bono Center at the Federalist Society, where she remains an active member.
Superior Court of California for the County of Los Angeles
Carolyn Barbara Kuhl is a judge on the Superior Court of California for the County of Los Angeles and a former nominee to the United States Court of Appeals for the Ninth Circuit. After receiving her law degree in 1977 from Duke Law School, she clerked for future Supreme Court Justice, Anthony M. Kennedy, from 1977–78. From 1981–86, she served in the United States Department of Justice. She worked as a partner in the Los Angeles law firm of Munger, Tolles & Olson, focusing on civil business litigation with a specialty in appellate litigation, from 1986–95. She became a judge on the Superior Court of California for the County of Los Angeles in 1995 and was nominated to a seat on the United States Court of Appeals for the Ninth Circuit on June 22, 2001 by President George W. Bush.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Partner, Horvitz & Levy LLC
Felix Shafir is a partner at the firm. He has argued appeals in the California Supreme Court and the California Courts of Appeal, and has been lead and amicus counsel in numerous proceedings in the United States Court of Appeals for the Ninth Circuit.
Mr. Shafir focuses his practice on two areas at the cutting edge of California law: (1) the law of protected speech, including the First Amendment, defamation, California’s anti-SLAPP statute, and the litigation privilege; and (2) the defense of class and representative actions, often through resisting class certification efforts or the enforcement of arbitration agreements. He has also developed unique expertise in handling appeals involving employment disputes and employer liability, commercial litigation, intellectual property, environmental litigation, unfair competition lawsuits, and federal and state securities issues.
Mr. Shafir often works with clients and trial counsel before an appeal begins, advising them to preserve issues and present evidence in the best posture for appeal. He also prepares amicus briefs seeking to move or clarify the law in ways favorable to his clients and their members.
Mr. Shafir has represented many significant companies and organizations, including American Medical Response, the Chamber of Commerce of the United States of America, Omega S.A., See’s Candy Shops, Shell Oil Company, and the Southern California Gas Company.
Mr. Shafir is a past member of the California State Bar Committee on Appellate Courts and the Los Angeles County Bar Association’s State Appellate Judicial Evaluation Committee.
In 2013, 2014, and 2016, the Los Angeles & San Francisco Daily Journal honored Mr. Shafir by naming him to its list of California’s “Top Labor and Employment Lawyers.” He was also named a Rising Star by California Super Lawyers from 2007 to 2014.
Before joining the firm, Mr. Shafir held judicial clerkships with the Honorable Thomas J. Meskill, U.S. Court of Appeals, Second Circuit, and the Honorable Whitman Knapp, U.S. District Court, Southern District of New York. Mr. Shafir previously practiced at Mayer, Brown, Rowe & Maw LLP and Littler Mendelson, P.C., where he focused on all aspects of labor and employment defense and counseling.
Northwestern University School of Law, J.D., cum laude, 1999
University of California, Los Angeles, B.A., cum laude, 1996
Partner, King & Spalding LLP
A partner in the FDA and Life Sciences practice at King & Spalding LLP, Marisa Maleck focuses on litigation, regulatory matters and public policy, with a focus on consumer products. As a former senior counsel at a bio-tech company and in private practice, Marisa has substantial experience with and is skilled in providing creative solutions in the face of uncertainty.
Marisa represents clients in a variety of matters with a focus on FDA-regulated products like food, beverages, pharmaceuticals, medical devices, wellness products, cosmetics, tobacco and cannabis. As a former senior counsel at an FDA-regulated biotech company and as a former partner in King & Spalding’s Litigation and Global Disputes practice group, she handled hundreds of suits in a multi-district litigation, multiple agency inquiries, an FTC lawsuit and 10+ state Attorney Generals actions. With a special focus on consumer fraud, social-media marketing and personal injury/wrongful death lawsuits, Marisa has successfully drafted and/or argued appellate briefs and critical motions in numerous cases—including class actions and complex litigation—before the U.S. Supreme Court, federal and state courts of appeals, and federal and state trial courts. She has also advocated tirelessly for her clients through engagement with agencies and policy-makers. She also advises her clients about legal risk (and how to avoid it) in investigations, enforcement actions, private litigation and private-equity investments.
Marisa also advocates for her clients’ interests in the court of public opinion. She is often solicited for her balanced legal analysis by members of the media. Marisa has appeared on (tv/radio) MSNBC, MSN, CNBC and NPR, and in (print) Newsweek, the National Law Journal, The Wall Street Journal, The Washington Post and Politico.
In addition, Marisa has an active pro-bono practice representing indigent defendants through federal appellate appointments as part of the Criminal Justice Act program and as a screener for the Mid-Atlantic Innocence Project.
Cardiac Arrest: A Cautionary Tale
Howard Root
Regulatory Transparency Project Teleforum
Howard Root started Vascular Solutions, a medical device company, from scratch. Fifteen years later, his...
LabMD v. FTC: A David Against Goliath Story
Michael J. Daugherty, Justin (Gus) Hurwitz
Regulatory Transparency Project Teleforum
Mike Daugherty is the CEO of LabMD, a medical testing lab. He has spent most...
SEC Increased Use of Administrative Proceedings and "The $2,200 Man"
Michael Kelly, Eric Wanger
Regulatory Transparency Project Teleforum
In many federal investigations, a regulatory agency must bring legal action against a company or...
Topics
Regulation by Litigation at the State Level
Last week, Peggy Little and the Competitive Enterprise Institute published Pirates at the Parchment Gates,...
Litigating State Constitutional Issues
Thomas Ahearne, Joel Ard, Paul Avelar, Carrie Ann S. Donnell, Carolyn B. Kuhl, Jeremy B. Rosen
2017 Annual Western Chapters Conference
The past forty years have seen a surge in efforts to litigate under state constitutional provisions...
Litigating State Constitutional Issues
Thomas Ahearne, Joel Ard, Paul Avelar, Carrie Ann S. Donnell, Carolyn B. Kuhl, Jeremy B. Rosen
2017 Annual Western Chapters Conference
The past forty years have seen a surge in efforts to litigate under state constitutional provisions...
Topics
Federal Regulation, Judicial Stays, and the Right to Appeal
The election results have raised serious doubts about the future of President Obama’s Clean Power...
Helping Americans to Speak Freely
Jeremy B. Rosen, Felix Shafir
Federalist Society Review, Volume 18
Note from the Editor: This article discusses different types of state anti-SLAPP laws and argues that...
Topics
Fix Venue - Fix Patent Litigation, Part II
On December 14, 2016, the Supreme Court granted certiorari in the TC Heartland case. Case...
The Misapplication of eBay v. MercExchange, LLC
Marisa Maleck
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses the Supreme Court’s decision in eBay Inc. v....