General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Senior Counselor and Director of Oversight and Investigations, America First Legal Foundation, Cause of Action
Reed D. Rubinstein is Senior Counselor and Director of Oversight and Investigations for the America First Legal Foundation. He has extensive constitutional, administrative, and complex commercial trial and appellate experience, including Executive Branch and Congressional oversight, investigations, and enforcement.
Reed joined the Trump Campaign legal team in February 2016, supported Treasury, DHS, and DOD operations during the Presidential Transition, and entered Federal service in January 2017. As Deputy Associate Attorney General, U.S. Department of Education General Counsel (acting and delegated), and Senior Advisor to the Secretary of the Treasury, Reed fought to protect free speech, religious liberty, and civil rights; combat anti-Semitism; expose Obama/Biden support for the Iranian regime; and defend the Trump Administration against Congressional overreach and leftist lawfare. He played a material role in many Trump Administration actions and Executive Orders and between June 2019 and January 2021, initiated and led twenty-seven civil investigations of U.S. universities for colluding with the Chinese Communist Party, violating foreign money disclosure laws, misrepresenting free speech policies, failing to provide balance in Middle Eastern studies, making false non-discrimination assurances (the Princeton investigation), and consumer fraud.
Reed is a graduate of the University of Michigan Law School and has practiced law since 1985. A former AmLaw 10 shareholder, he spent thirty years in the private practice of law representing manufacturing and retail corporations, financial institutions, trade associations, and individuals in a wide range of matters. Notably, he represented the victims of the Fort Hood terrorist attack, overcoming the Obama Administration, the Pentagon, and House Speaker John Boehner to win them Purple Hearts and medical benefits.
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.
Vice President & Legal Director, National Right To Work Legal Defense Foundation
Raymond J. LaJeunesse, Jr., is Vice President and Legal Director of the National Right to Work Legal Defense Foundation, a non-profit legal aid organization. He was the first Staff Attorney employed by the Foundation and has more than forty-five years of experience helping workers in litigation in federal and state courts and administrative agencies over the abuses of compulsory unionism.
Mr. LaJeunesse has argued four cases in the United States Supreme Court. Those cases include Lehnert v. Ferris Faculty Ass’n, 500 U.S. 507 (1991), which limited the purposes for which compulsory union fees collected from public employees may lawfully be spent; Air Line Pilots Ass’n v. Miller, 523 U.S. 866 (1998), which established that unions cannot compel nonmembers to exhaust union-established remedies before going to court to challenge compulsory union fees; and Marquez v. Screen Actors Guild, 525 U.S. 33 (1998), in which the Court recognized that unions must notify employees that they can satisfy the “membership” requirement of “union shop” agreements by just paying fees for union bargaining activities and need not join and pay full dues to keep their jobs. He also was lead attorney in Hohe v. Casey, 956 F.2d 399 (3d Cir. 1992), in which more than $8.3 million in compulsory agency fees was recovered from the American Federation of State, County and Municipal Employees for a class of 57,000 nonmembers.
Mr. LaJeunesse is the author of several published articles about labor law, has testified before Congressional committees several times, and was an Advisor on the Transition Team for Labor- Related Agencies, Office of the President-Elect, in 1980-81 and a legislative aide to a member of the Virginia state legislature. He is a Vice Chairman of the Federalist Society’s Labor and Employment Law Practice Group and has spoken or debated at the Society’s National Lawyers Convention and at many Lawyers and Student Chapters on such topics as Right to Work laws, compulsory unionism arrangements, the misuse of union dues for politics, union organizing tactics (“card check” vs. secret-ballot elections), and the future of the union movement.
Stefan Marculewicz is a Shareholder in the Washington, DC office of Littler Mendelson, P.C., and focuses his legal practice on traditional labor law matters, international labor law and standards, and non-traditional worker representation.
Jennifer Thomas is an Associate in the Washington, DC office of Littler Mendelson, P.C. where she concentrates her practice in the areas of labor and employment law.
Senior Counselor and Director of Oversight and Investigations, America First Legal Foundation, Cause of Action
Reed D. Rubinstein is Senior Counselor and Director of Oversight and Investigations for the America First Legal Foundation. He has extensive constitutional, administrative, and complex commercial trial and appellate experience, including Executive Branch and Congressional oversight, investigations, and enforcement.
Reed joined the Trump Campaign legal team in February 2016, supported Treasury, DHS, and DOD operations during the Presidential Transition, and entered Federal service in January 2017. As Deputy Associate Attorney General, U.S. Department of Education General Counsel (acting and delegated), and Senior Advisor to the Secretary of the Treasury, Reed fought to protect free speech, religious liberty, and civil rights; combat anti-Semitism; expose Obama/Biden support for the Iranian regime; and defend the Trump Administration against Congressional overreach and leftist lawfare. He played a material role in many Trump Administration actions and Executive Orders and between June 2019 and January 2021, initiated and led twenty-seven civil investigations of U.S. universities for colluding with the Chinese Communist Party, violating foreign money disclosure laws, misrepresenting free speech policies, failing to provide balance in Middle Eastern studies, making false non-discrimination assurances (the Princeton investigation), and consumer fraud.
Reed is a graduate of the University of Michigan Law School and has practiced law since 1985. A former AmLaw 10 shareholder, he spent thirty years in the private practice of law representing manufacturing and retail corporations, financial institutions, trade associations, and individuals in a wide range of matters. Notably, he represented the victims of the Fort Hood terrorist attack, overcoming the Obama Administration, the Pentagon, and House Speaker John Boehner to win them Purple Hearts and medical benefits.
Masterpiece Cakeshop Inc. and Jack C. Phillips v. Colorado Civil Rights Commission, Charlie Craig, and David Mullins
William E. Trachman
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Reed D. Rubinstein
On November 13, 2015, the Federal Trade Commission's Chief Administrative Law Judge, D. Michael Chappell,...
Case Study in Government Overreach?: The LabMD Case
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The Securities and Exchange Commission's growing tendency to resort to enforcement before its administrative law...
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ALJs and Administrative Agencies
The 2nd Circuit has temporarily blocked the SEC’s prosecution of Lynn Tilton, a financier accused...
Labor Rules: Union Walk Around Rule and Broadened Joint Employer Standard
Karen Harned
Note from the Editor: This article is about new labor rules, including the so-called union...
Union Organizing and the NLRB Under President Obama
Raymond J. LaJeunesse
Note from the Editor: This paper analyzes union organizing and the NLRB under the Obama...
Labor Organizations by Another Name: The Worker Center Movement and its Evolution into Coverage under the NLRA and LMRDA
Stefan J. Marculewicz, Jennifer Thomas
I. Introduction The labor union, the primary collective advocate for workers’ rights in the United...