Partner, Nelson Mullins Riley & Scarborough LLP
Erika C. Birg is a partner based out of the Atlanta office of Nelson Mullins Riley & Scarborough LLP. She focuses her practice on helping companies protect their businesses before, during, and after litigation, with experience in resolving business-to-business disputes through litigation, alternative dispute resolution, and state and federal appeals involving business torts, contract disputes, trade secrets, misappropriation, computer fraud, and non-compete matters.
Arbitrator, Attorney & Former Professor of ADR Law
Richard D. Faulkner, J.D., LL.M., F.C.I.Arb., Dip.Intl.Com.Arb., is a former Professor of Alternate Dispute Resolution Law, former Tutor - Chartered Institute of Arbitrators, North American Branch, and practices arbitration, commercial, and insurance law in Dallas. He has been a trial judge in Louisiana and Texas, counsel or arbitrator in hundreds of domestic arbitrations, counsel or arbitrator in international arbitrations, authored arbitration briefs in U.S. Supreme Court, argued or briefed arbitration issues in federal and state appellate courts, and authored or coauthored numerous articles on arbitration. He is a contributing author to ABA reference "How Arbitration Works," 6th Ed.
Partner, Nelson Mullins Riley & Scarborough LLP
Erika C. Birg is a partner based out of the Atlanta office of Nelson Mullins Riley & Scarborough LLP. She focuses her practice on helping companies protect their businesses before, during, and after litigation, with experience in resolving business-to-business disputes through litigation, alternative dispute resolution, and state and federal appeals involving business torts, contract disputes, trade secrets, misappropriation, computer fraud, and non-compete matters.
Arbitrator, Attorney & Former Professor of ADR Law
Richard D. Faulkner, J.D., LL.M., F.C.I.Arb., Dip.Intl.Com.Arb., is a former Professor of Alternate Dispute Resolution Law, former Tutor - Chartered Institute of Arbitrators, North American Branch, and practices arbitration, commercial, and insurance law in Dallas. He has been a trial judge in Louisiana and Texas, counsel or arbitrator in hundreds of domestic arbitrations, counsel or arbitrator in international arbitrations, authored arbitration briefs in U.S. Supreme Court, argued or briefed arbitration issues in federal and state appellate courts, and authored or coauthored numerous articles on arbitration. He is a contributing author to ABA reference "How Arbitration Works," 6th Ed.
Partner, Mayer Brown LLP
Marcia Madsen was Chair of the Government Contracts practice and co-chair of the National Security Practice at Mayer Brown. She represented contractors in regulatory, policy, transactional, litigation, and investigative matters involving virtually every federal agency. Her clients included defense contractors, information technology and systems integrators, telecommunications companies, engineering firms, insurers, and manufacturing companies. Ms. Madsen's practice included defense of False Claims Act matters, internal investigations, audits, bid protests, claims and disputes before administrative forums and in the federal courts. She was a former Chair of the American Bar Association Section of Public Contract Law and currently co-chairs the Section’s Procurement Fraud Committee. She also is a member of the Federalist Society Administrative Law and Regulation Executive Committee. In addition, Marcia was a member of the Court of Federal Claims Advisory Council - Emeritus, and a recipient of the Court's Golden Eagle award. She was a Past President of the Board of Contract Appeals Bar Association. She was appointed by the Executive Office of the President to chair the Section 1423 Panel which recommended revision of the acquisition laws. She spoke and wrote frequently on government contracts and litigation topics.
Georgetown University Law Center, LL.M., 1980
American University - Washington College of Law, J.D., 1976
University of Utah, B.A., 1972
Partner, Mayer Brown
David Dowd is an experienced litigator at Mayer Brown whose practice has a strong emphasis in government contracting issues and controversies. He advises such clients as those involved in health care, information technology, large military systems, engineering services, and other industries regarding federal procurements and related issues. His counsel in this area includes commercial items, conflicts of interest, cost allowability issues, defective pricing, contract and subcontract negotiations, contract financing, assignments and novations, leasing, prime/sub disputes, preparation of claims, and procurement fraud.
David also handles procurement controversies, as he litigates bid protests and disputes before the Government Accountability Office and the Court of Federal Claims, represents contractors in litigation and arbitrations involving government contracts, and tries federal court litigation focused on contract disputes and alleged fraud.
Health care and insurance companies rely on David for advice regarding federal health care and insurance programs, including FEHBA, Medicare, TRICARE, and FEGLI. He represents these industry clients in bid protest and claim litigation regarding federal health care and insurance programs. In related matters, David counsels biotechnology and pharmaceutical companies on biodefense purchasing opportunities and applications, including research and development.
David has more than 20 years of practice experience, having joined Mayer Brown’s Washington, DC office in 2001 after practicing with two other national law firms.
General Counsel, Department of the Army
Mr. Benedict S. Cohen was appointed by President Bush to serve as the General Counsel for the Department of the Army effective on August 4, 2006. Mr. Cohen has twenty years of experience in high-level positions across the federal government, with a principal focus on national security and foreign policy. Prior to his current position, he served as the Managing Executive for Policy and Counselor to Chairman Cox at the U.S. Securities and Exchange Commission, where he focused on legal and policy issues facing the agency and enhancing the Commission’s crisis-management and homeland-security capabilities. Prior to taking this position, he served as staff director of the Committee on Homeland Security of the U.S. House of Representatives, where he managed the transition from select committee to full standing committee status and the passage of authorization legislation for the Department of Homeland Security and of legislation reforming DHS’ homeland security grant program.
Mr. Cohen has also served as Deputy General Counsel (Environment & Installations) for the Defense Department, in which capacity he spearheaded DoD’s Readiness and Range Preservation Initiative, a multifaceted legislative, regulatory, and resource-management program to ensure sustainability of the military’s test and training capabilities and foster better environmental stewardship. He also provided legal support for DoD’s installation initiatives, and served as a principal spokesman for the Department on environmental and installations issues. He has also served in senior positions in the White House Counsel’s Office, the congressional leadership staff, and the Department of Justice, as well as serving in two law firms.
Mr. Cohen graduated from Yale magna cum laude in 1980 with a B.A. in history, and from the University of Chicago Law School in 1983, having served as an Associate Editor of the Law Review. He clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit. He lives in American University Park in Washington, D.C. His wife is an attorney in private practice. He has two children, aged eight and ten.
Frank Edwards Tyler Distinguished Professor of Law, University of Kansas School of Law
Stephen Ware is the author of four books, over 50 law review articles, and many other publications. His writings have been cited by the Supreme Court of the United States and in at least 36 other cases. Ware teaches and writes on: Arbitration, Mediation, and Alternative Dispute Resolution, Bankruptcy, Insolvency, and Debt Collection, Contracts and Commercial Law, and Judicial Selection, each with an international or comparative dimension.
Ware has testified before both houses of the U.S. Congress, several state legislatures and, as an expert witness, in court. He is a frequent guest lecturer and speaker at academic and professional conferences—having given such presentations throughout the U.S. and in several other countries. He has appeared on numerous television and radio stations and been quoted in The New York Times, Wall Street Journal, USA Today, Financial Times, National Law Journal and many other news outlets. He is an elected member of the American Law Institute (ALI) and has served, at various times in his career, on the editorial board of the Journal of Legal Education and as an arbitrator for the American Arbitration Association.
Courthouse Steps Decision Webinar: Morgan v. Sundance
Erika C. Birg, Richard D. Faulkner, FCIArb.
On May 23, 2022, the U.S. Supreme Court decided Morgan v. Sundance. In a rare 9-0...
Courthouse Steps Decision Webinar: Morgan v. Sundance
Erika C. Birg, Richard D. Faulkner, FCIArb.
On May 23, 2022, the U.S. Supreme Court decided Morgan v. Sundance. In a rare 9-0...
Should Trials Vanish? The Limits of Alternative Dispute Resolution
Brigham Young Student Chapter
Provo, UTIndependent Review of Procurements Is Worth It: There Is No Support for Hamstringing the GAO Bid Protest Process
Marcia G. Madsen, David F. Dowd, Roger V. Abbott
Note from the Editor: This article criticizes a recent change to the GAO bid protest...
Waffling Circuits: Workplace ADR After Circuit City and Waffle House
Francis T. Coleman
From a legal standpoint, alternate dispute resolution (“ADR”) agreements in the workplace have exhilarated HR...
Separation of Powers and Federalism in the 104th Congress
Benedict S. Cohen
In the fields of separation of powers and federalism the 104th Congress revisited old issues...