Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Kellyanne Elizabeth Conway is Founder and President of the polling companyTM, inc./WomanTrend a privately-held, woman-owned corporation founded in 1995. The firm is headquartered in Washington, DC and maintains an office in New York City. Kellyanne is one of the most quoted and noted pollsters on the national scene, having provided commentary on over 1,200 television shows on ABC, CBS, NBC, PBS, CNN, CNBC, MSNBC, HBO, Comedy Central, MTV and the Fox News Channel, and numerous radio shows and print stories.
Throughout her two decades in market research, Kellyanne has provided primary research and advice for clients in 46 of the 50 states and has directed hundreds of demographic and attitudinal survey projects for statewide and congressional political races, trade associations, and Fortune 100 companies. A professionally trained moderator, Kellyanne has personally directed more than 300 focus groups and other qualitative discussions. Clients have included Lifetime Television, The Heritage Foundation, Major League Baseball, The Federalist Society, Coalition of Community Pharmacists Association, the U.S. Office of Personnel Management, Mass Connections, American Express, ABC News, Ladies Home Journal, and the U.S. Department of Labor.
Kellyanne has worked for leaders such as the late Congressman Jack Kemp; former Vice President Dan Quayle; Speaker of the House Newt Gingrich; Senator Fred Thompson and Congressman Mike Pence, the Chairman of the House Republican Conference and the third-highest ranking Republican in the House.
A "fully-recovered" attorney, Kellyanne is admitted to practice law in four jurisdictions (Maryland, New Jersey, Pennsylvania, and the District of Columbia). She has practiced law, clerked for a judge in Washington, DC and for four years, was an adjunct professor at George Washington University Law Center. Kellyanne is a magna cum laude graduate of Trinity College, Washington, D.C., where she earned a B.A. in Political Science, studied at Oxford University, and was elected to Phi Beta Kappa. She holds a law degree, with honors, from George Washington University Law Center.
2024 Civil Justice Update
Mark A. Behrens
This paper reviews key civil justice issues and changes in 2024. Part I discusses legal reform...
Racially Discriminatory Corporate Policies: Who's Liable?
Dan Morenoff
Laws banning discrimination have been on the books across America for more than a century...
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ALI to Vote on No-Injury Medical Monitoring Proposal
The American Law Institute (ALI) will hold its Annual Meeting in Washington, DC on May...
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FCC's O'Rielly on First Amendment & Fairness Doctrine Dangers
That's Debatable is a new blog initiative bringing together legal and policy experts with differing perspectives...
Morally Innocent, Legally Guilty: The Case for Mens Rea Reform
John G. Malcolm
Note from the Editor: This article discusses the concept of mens rea, argues that too...
Updating the Computer Fraud and Abuse Act
Jonathan Keim
Introduction In recent years, American institutions have suffered from a seemingly endless series of high-profile...
Key Findings: Statewide Survey of 500 Likely Voters in Illinois
Kellyanne Conway
TO: Interested PartiesFROM: Kellyanne Conway, President & CEO the polling company™, inc./WomenTrendDATE: October 12, 2010RE: Key Findings: Statewide Survey of...