Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Professor of Law, Michigan State University (currently serving as FCC General Counsel)
Professor Candeub joined the MSU Law faculty in fall 2004. He is also a Fellow with MSU's Institute of Public Utilities. Prior to joining MSU, he served as an advisor at the Federal Communications Commission (FCC). From 1998 to 2000, Professor Candeub was a litigation associate for the Washington D.C. firm of Jones, Day, Reavis & Pogue and also has served as a corporate associate with Cleary, Gottlieb, Steen & Hamilton, also in Washington, D.C. Immediately following law school, he clerked for Chief Judge J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit. While in law school, Professor Candeub was an articles editor for the University of Pennsylvania Law Review.
Professor Candeub's scholarly interests focus on the law and regulation of communications, internet, technology. His numerous law review articles and scholarly papers have placed him at the center of legal and policy controversies, and he often writes for popular outlets such as the Wall Street Journal and US News. Federal courts, including the U.S. Supreme Court, have cited and relied upon his work.
He joined the Trump administration in 2019 as Deputy Assistant Secretary of Commerce for Telecommunications and Information and assumed the role of Acting Assistant Secretary. He later joined the Department of Justice as Deputy Associate Attorney General.
Professor Candeub is a senior fellow at the D.C.-based Center of Renewing America.
Shareholder, Reinhart Boerner Van Deuren s.c.
Robert Driscoll is a shareholder in Reinhart's Labor and Employment Practice. He is an experienced, accomplished attorney who works to understand his clients' goals and provide them with effective legal and business solutions.
Rob counsels employers to help them avoid disputes with an emphasis on discrimination (including disability discrimination), wage and hour issues and employment contracts of all kinds. Rob's practice also includes all areas of traditional labor law, such as collective bargaining, labor arbitrations, proceedings before the National Labor Relations Board, and advising employers of their rights under the National Labor Relations Act.
He understands that trials can be costly and time-consuming, and clients appreciate that he offers creative options to resolve disputes without litigation. However, when litigation is unavoidable, he's a confident and diligent legal partner, devising effective strategies for prevailing. Rob's litigation experience includes wage and hour claims (both individual and class actions), employment and fair housing discrimination and noncompetition agreements. He also represents clients in appeals.
Prior to joining the firm, Rob was a law clerk for the Hon. Diane S. Sykes, U.S. Court of Appeals for the Seventh Circuit in Milwaukee.
Rob proudly serves on the Board of Directors for GPS Education Partners, an organization that works to validate technical career paths and provide students and their communities pathways to prosperity.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Professor of Law, Michigan State University (currently serving as FCC General Counsel)
Professor Candeub joined the MSU Law faculty in fall 2004. He is also a Fellow with MSU's Institute of Public Utilities. Prior to joining MSU, he served as an advisor at the Federal Communications Commission (FCC). From 1998 to 2000, Professor Candeub was a litigation associate for the Washington D.C. firm of Jones, Day, Reavis & Pogue and also has served as a corporate associate with Cleary, Gottlieb, Steen & Hamilton, also in Washington, D.C. Immediately following law school, he clerked for Chief Judge J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit. While in law school, Professor Candeub was an articles editor for the University of Pennsylvania Law Review.
Professor Candeub's scholarly interests focus on the law and regulation of communications, internet, technology. His numerous law review articles and scholarly papers have placed him at the center of legal and policy controversies, and he often writes for popular outlets such as the Wall Street Journal and US News. Federal courts, including the U.S. Supreme Court, have cited and relied upon his work.
He joined the Trump administration in 2019 as Deputy Assistant Secretary of Commerce for Telecommunications and Information and assumed the role of Acting Assistant Secretary. He later joined the Department of Justice as Deputy Associate Attorney General.
Professor Candeub is a senior fellow at the D.C.-based Center of Renewing America.
Shareholder, Reinhart Boerner Van Deuren s.c.
Robert Driscoll is a shareholder in Reinhart's Labor and Employment Practice. He is an experienced, accomplished attorney who works to understand his clients' goals and provide them with effective legal and business solutions.
Rob counsels employers to help them avoid disputes with an emphasis on discrimination (including disability discrimination), wage and hour issues and employment contracts of all kinds. Rob's practice also includes all areas of traditional labor law, such as collective bargaining, labor arbitrations, proceedings before the National Labor Relations Board, and advising employers of their rights under the National Labor Relations Act.
He understands that trials can be costly and time-consuming, and clients appreciate that he offers creative options to resolve disputes without litigation. However, when litigation is unavoidable, he's a confident and diligent legal partner, devising effective strategies for prevailing. Rob's litigation experience includes wage and hour claims (both individual and class actions), employment and fair housing discrimination and noncompetition agreements. He also represents clients in appeals.
Prior to joining the firm, Rob was a law clerk for the Hon. Diane S. Sykes, U.S. Court of Appeals for the Seventh Circuit in Milwaukee.
Rob proudly serves on the Board of Directors for GPS Education Partners, an organization that works to validate technical career paths and provide students and their communities pathways to prosperity.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Associate, Wiley Rein LLP
Boyd litigates and provides regulatory advice for a wide variety of telecommunications and technology clients.
Senior Legal Fellow, The Future of Free Speech, Vanderbilt University
Ashkhen Kazaryan is a renowned expert in First Amendment law and technology policy, specializing in digital free speech, artificial intelligence, and the intersection of constitutional rights with emerging technologies. As a Senior Legal Fellow at the Future of Free Speech at Vanderbilt University, she leads initiatives to protect free expression and shape policies that uphold the First Amendment in the digital age.
Previously, Ashkhen was the lead for North and Latin America on the content regulation team at Meta, where she also served as the company’s policy lead on Section 230. She has also been a Senior Fellow at Stand Together and the Director of Civil Liberties at TechFreedom, where she worked extensively on platform liability, free speech, and internet governance. She is currently Fellow for the First Amendment at the Freedom Forum.
Ashkhen earned her specialist in law degree summa cum laude from Lomonosov Moscow State University in 2012 and later received a master of law degree from Yale Law School in 2016. During her time at Yale, she contributed as an articles editor for the Yale Journal of Law and Feminism, a senior editor for the Yale Law and Policy Review, and an editor for the Yale Journal of Law and Technology, while also serving as co-chair of the Public Interest Fellowship.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
President, Digital Progress Institute
Joel Thayer, President of the Digital Progress Institute, previously was an associate at Phillips Lytle. Before that, he served as Policy Counsel for ACT | The App Association, where he advised on legal and policy issues related to antitrust, telecommunications, privacy, cybersecurity and intellectual property in Washington, DC. His experience also includes working as legal clerk for FCC Chairman Ajit Pai and FTC Commissioner Maureen Ohlhausen. Additionally, Joel served as a congressional staffer for the Hon. Lee Terry and Hon. Mary Bono.
Associate, Wiley Rein LLP
Boyd litigates and provides regulatory advice for a wide variety of telecommunications and technology clients.
Senior Legal Fellow, The Future of Free Speech, Vanderbilt University
Ashkhen Kazaryan is a renowned expert in First Amendment law and technology policy, specializing in digital free speech, artificial intelligence, and the intersection of constitutional rights with emerging technologies. As a Senior Legal Fellow at the Future of Free Speech at Vanderbilt University, she leads initiatives to protect free expression and shape policies that uphold the First Amendment in the digital age.
Previously, Ashkhen was the lead for North and Latin America on the content regulation team at Meta, where she also served as the company’s policy lead on Section 230. She has also been a Senior Fellow at Stand Together and the Director of Civil Liberties at TechFreedom, where she worked extensively on platform liability, free speech, and internet governance. She is currently Fellow for the First Amendment at the Freedom Forum.
Ashkhen earned her specialist in law degree summa cum laude from Lomonosov Moscow State University in 2012 and later received a master of law degree from Yale Law School in 2016. During her time at Yale, she contributed as an articles editor for the Yale Journal of Law and Feminism, a senior editor for the Yale Law and Policy Review, and an editor for the Yale Journal of Law and Technology, while also serving as co-chair of the Public Interest Fellowship.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
President, Digital Progress Institute
Joel Thayer, President of the Digital Progress Institute, previously was an associate at Phillips Lytle. Before that, he served as Policy Counsel for ACT | The App Association, where he advised on legal and policy issues related to antitrust, telecommunications, privacy, cybersecurity and intellectual property in Washington, DC. His experience also includes working as legal clerk for FCC Chairman Ajit Pai and FTC Commissioner Maureen Ohlhausen. Additionally, Joel served as a congressional staffer for the Hon. Lee Terry and Hon. Mary Bono.
Courthouse Steps Oral Argument: Gonzalez v. Google
Erik S. Jaffe
On February 21, 2023, the U.S. Supreme Court will hear oral argument in Gonzalez v....
A Seat at the Sitting - February 2023
Adam Candeub, Robert S. Driscoll, Karen Harned, John C. Richter
The February Docket in 90 minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket...
A Seat at the Sitting - February 2023
Adam Candeub, Robert S. Driscoll, Karen Harned, John C. Richter
The February Docket in 90 minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket...
Topics
Banning TikTok Outright Would Be Constitutional
The information war is upon us and we only have one real threat: China. China...
Topics
Second Circuit Hears Preemption Challenge to New York’s Broadband Rate Regulation Law
On January 12, the U.S. Court of Appeals for the Second Circuit held oral argument...
Topics
Gonzalez, Google, and Section 230: All on the same side?
After avoiding Section 230 for thirty years, the Supreme Court will finally hear oral arguments...
Section 230 Goes to Court: Gonzalez v. Google and the Future of the Electronic Town Square
Boyd Garriott, Ashkhen Kazaryan, Randolph May, Joel Thayer
Social media platforms have emerged as the new “town square” and a key forum for...
Section 230 Goes to Court: Gonzalez v. Google and the Future of the Electronic Town Square
Boyd Garriott, Ashkhen Kazaryan, Randolph May, Joel Thayer
Social media platforms have emerged as the new “town square” and a key forum for...
Topics
Closing the Digital Divide
How do we close the digital divide? And what are the challenges in achieving internet...
Topics
The Largest Ever Federal Infusion of Broadband Funding: Necessary Investment or Waste of Taxpayer Money?
If you’re reading this blog, you have accessed the internet to get here. But for...