Director and Senior Fellow, Berkeley Center for Law and Technology, University of California at Berkeley
Mark Cohen heads the Asia IP Project at the Berkeley Center for Law and Technology at Berkeley Law School. He is also responsible for teaching international trade law and research and writing on IP issues. Previously, Cohen was Senior Counsel, China in the Office of Policy and International Affairs at the U.S. Patent and Trademark Office, after serving as a visiting professor at Fordham Law School (2011-2012). Prior to that time, he served in such functions as: Director, International Intellectual Property at Microsoft Corporation; Of Counsel to Jones Day’s Beijing office; and Senior Intellectual Property Attaché at the U.S. Embassy in Beijing (2004- 2008). In total, he has over 30 years private, public sector, in-house and academic experience in China and transition economies, with a focus on technology trade and intellectual property.
Cohen was the first IPR Attaché posted by USPTO to handle IPR issues in a foreign country. In addition, he launched the annual “Ambassador’s IPR Roundtable” which he co-chaired for five years, devised IPR “toolkits”, “road shows”, pro-bono programs, internal training programs for the US government and external training programs, and worked with USPTO and other US agencies to engage China and Chinese IP agencies. Cohen led a China team at USPTO consisting of 21 individuals in DC, Beijing, Shanghai and Guangzhou, China on all aspects of USPTO’s activities in China. Among his book-length publications are Antimonopoly Law and Practice in China (Oxford University Press 2011, with Steve Harris et al.). He was also the editor of Chinese Intellectual Property Law and Practice (Kluwer Law International 1999) and has edited or published a number of on-line publications, including the blog www.chinaipr.com.
Mr. Cohen has taught and lectured at numerous universities in the United States, Asia and Europe. Amongst other honors, he was the recipient of the US Chamber of Commerce’s “IP Champion” award in 2014. Mr. Cohen holds a J.D. degree from Columbia University (1984), an M.A. from the University of Wisconsin in Chinese Language and Literature (1979) and a B.A. from the State University of New York at Albany in Chinese Studies (1977).
Partner, Arent Fox LLP
Dave Hanke is a go-to national security lawyer for domestic and foreign companies navigating the Committee on Foreign Investment in the United States (CFIUS) and its implementation of the Foreign Investment Risk Review Modernization Act (FIRRMA) – the most sweeping overhaul of CFIUS in 40 years – as well as new export controls on emerging and foundational technologies under the Export Control Reform Act of 2018.
He has assisted large multinational corporations, early-stage technology companies, and venture capital firms on various CFIUS issues, ranging from advising on the CFIUS implications of various transactions to preparing CFIUS filings. In addition, he helps U.S. companies prepare informal submissions to CFIUS to identify problematic foreign investments in their domestic competitors that may raise U.S. national security concerns and that have not already been filed with CFIUS.
Hanke also advises defense contractors and other companies on issues of foreign ownership, control, or influence (FOCI) in accordance with the government’s National Industrial Security Program Operating Manual (NISPOM). He has experience advising clients on security clearance issues, and he helps companies ensure they have in place policies, procedures, training, and systems relevant for access to classified information. Hanke also provides cybersecurity advice and representation to companies that contract with federal agencies.
Principal, Navigators Global
Andy Keiser served 14 years on Capitol Hill for former House Intelligence Committee Chairman Mike Rogers - as Senior Advisor to the Committee, Chief of Staff, and Legislative Director handling all national security policy issues.
As Deputy National Security Senior Advisor to the pre-election phase of the Trump for America transition team, Mr. Keiser prepared and advised the transition's policy, personnel and agency action teams on all aspects of the national security portfolio. This included work in the Departments of Defense, State, Justice, Homeland Security, the Intelligence Community, and the National Security Council.
He was also the head writer for a nationally-syndicated radio program and assisted in the production of the CNN series “Declassified.”
Mr. Keiser has written extensively on intelligence, space and cyber policy, missile defense, Afghanistan, China, Iran, ISIS, North Korea, and Russia. He also helped shepherd six Intelligence Authorization Acts into law and managed Chairman Rogers’ cyber threat sharing legislation, which passed the House twice and the core of which was later signed into law by President Obama.
He has a Bachelor of Arts from Michigan State University and a Master of Arts from the United States Naval War College. He is active on various national security-focused policy projects at the Center for the Study of the Presidency and Congress, where he serves as a Senior Advisor, and at the National Security Institute at George Mason University’s Antonin Scalia Law School, where he serves as a Fellow. He also is a member of the OSS Society and serves on the Meridian International Center’s Global Leadership Council.
Mr. Keiser is currently a Principal at Navigators Global, where he focuses on cybersecurity and other national security priorities. Dubbed a “national security expert” by the Washington Post, Andy is a regular media commentator on national security issues.
Professor of Law, Southern Illinois University School of Law
Professor Mark F. Schultz joined the faculty in 2003. He teaches and writes primarily in the area of intellectual property.
Professor Schultz is a frequent author and speaker known for his work on the law and economics of the global intellectual property system. In one of his most influential projects, he worked with the Organization for Economic Cooperation and Development (OECD) to construct a groundbreaking global trade secret protection index (the TSPI). The TSPI is influencing policy discussions on this cutting-edge topic in capitals around the world. Other recent projects have included an empirical study that quantified for the first time the backlogs in patent offices worldwide, a report on how patented innovation is meeting global health challenges, and the construction of a new global index of copyright strength.
Professor Schultz is an influential voice in public policy debates regarding intellectual property. He has testified before the U.S. Congress on copyright law at the invitation of the House Judiciary Committee and has briefed the staff of the U.S. Senate Judiciary Committee on trade secret legislation. He speaks frequently around the world about the connection between secure and effective intellectual property rights and flourishing national economies and individual lives, with invitations from the U.S. Patent and Trademark Office, the U.S. Trade Representative, and the U.S. Copyright Office, as well as numerous academic institutions, think tanks, and industry groups. He served as an NGO delegate to the World Intellectual Property Organization (WIPO) for several years during the WIPO Development Agenda talks. He is also one of the organizers of an ongoing multilateral diplomatic dialogue on best practices in national trade secret laws, and is co-founder of the Center for Protection of Intellectual Property (CPIP) at George Mason University in Washington, D.C.
Among the awards and recognition he has received for his scholarship was the School of Law's Outstanding Scholar of the Year award in 2008. He has been a distinguished visiting scholar at the University of Botswana and a visiting professor at DePaul University College of Law.
Professor Schultz graduated with honors from the George Washington University School of Law. Following law school, he was a judicial clerk for the Hon. Daniel M. Friedman of the United States Court of Appeals for the Federal Circuit in Washington, D.C., and the Hon. Eric G. Bruggink of the United States Court of Federal Claims. Prior to joining academia, he practiced law for a decade, serving as outside general counsel to several tech startups and helping technology companies to expand their businesses and commercialize their intellectual property in dozens of countries. He holds a B.A. in International Economics from George Washington University and has done PhD level coursework in development economics at Southern Illinois University.
He is active in leadership roles in local and national organizations. He has served as chair of the Federalist Society's Intellectual Property Practice Group and the AALS Section on Internet and Computer Law. He is an officer of the American Bar Association's International IP Committee of the International Law Section and the American Intellectual Property Law Association’s Trade Secret Law Committee. He currently is chair of the Academic Advisory Board of the Copyright Alliance.
Professor Schultz teaches Copyright Law, Trade Secret Law, Trademark Law, and a senior seminar on Intellectual Property and Global Development. He established and directs both the Specialization in Intellectual Property Law and the IP Semester in Practice Externship Program. He also co-founded a Legal Globalization Class, offered every other year, that takes students to South Africa and Botswana after spending a semester learning about the legal system, culture, history, and politics of southern Africa. The popular course is a once-in-a-lifetime experience that introduces students to leading lawyers, judges, government officials, and human rights advocates, taking them from Cape Town to Johannesburg to Gaborone as well as many popular destinations including game reserves, national parks, the Cape of Good Hope, and the Cradle of Humankind.
VP for Policy & Director of Technology Studies, Competitive Enterprise Institute
Wayne Crews is VP for Policy & Director of Technology Studies at the Competitive Enterprise Institute and a Cato Institute alum. A one-time Libertarian candidate for South Carolina state senate, he is widely published, contributes to Forbes.com, and authors the annual Ten Thousand Commandments, which the Wall Street Journal called "the best measure of the overall regulatory burden." Wayne also compiles the Tip of the Costberg report on gov't regulatory costs, and catalogs "regulatory dark matter."
A frequent speaker, Wayne has appeared at venues including the DVD Awards Showcase in Hollywood, the National Academies, the Future of Music Policy Summit, the Consumer Electronics Show, European Commission-sponsored conferences and the Spanish Ministry of Justice. He has testified before Congress numerous times.
While not a lawyer, Wayne's work is cited in hundreds of law reviews, journals, and books. A dad of five, he can still do a handstand on a skateboard and enjoys custom motorcycles, the beach, and the family farm. He is a member of Omicron Delta Epsilon economics honor society.
Wayne is co-editor of the books Who Rules the Net?: Internet Governance and Jurisdiction, and Copy Fights: The Future of Intellectual Property In the Information Age. He is co-author of What’s Yours Is Mine: Open Access and the Rise of Infrastructure Socialism, and a contributing author to others.
TV appearances include Fox, CNN, ABC, CNBC and NewsHour, and radio such as NPR; Wayne's reform ideas have been profiled in the Washington Post, Forbes and Investor’s Business Daily.
Wayne created CEI's c:\spin tech newsletter series, and co-created CEI's OnPoint policy series and Cato's TechKnowledge newsletter (which introduced "The Libertarian Vision for Telecom and High-Technology" with Adam Thierer, which helped inspire the 2012 Declaration of Internet Freedom). He coined the term "Splinternet" in Forbes in 2001 to underscore alternatives to government regulation of the Internet.
Chair, Global Antitrust Law Practice Group, Morrison Foerster
Alex Okuliar is Co-Chair of Morrison Foerster’s Global Antitrust Law Practice Group. He is the former Deputy Assistant Attorney General for Civil Antitrust Enforcement at the U.S. Department of Justice and a former advisor at the Federal Trade Commission.
Alex’s practice spans merger review, civil litigation, and criminal investigations. Over his twenty-five-year career, Alex has worked on nearly one thousand deals. He has deep experience guiding clients through the complex global merger clearance process and has litigated agency merger challenges through trial. He has also helped clients succeed in a wide range of federal and state cases, including class actions and private party disputes alleging price fixing, monopolization, group boycotts, market allocation, and tying. His understanding of the agency processes from the inside allows him to offer expert, timely, and practical advice to clients navigating merger and conduct investigations by the U.S. Department of Justice, the Federal Trade Commission, state Attorneys General, and foreign agencies. Alex’s work has been recognized by leading industry publications such as Chambers, The Legal 500 U.S., and Global Competition Review.
Outside of client work, Alex is a prolific thought leader and was recognized as a 2024 Top Author for Antitrust & Trade Regulation by JD Supra’s Readers’ Choice Awards. He currently serves as the co-chair of the ABA Antitrust Law Section’s Joint Conduct Committee and is the former chair of the Section’s Intellectual Property Committee and co-chair of the 2023 Antitrust Fall Forum on Artificial Intelligence. He is also a member of the Corporations, Securities & Antitrust Executive Committee of The Federalist Society for Law and Public Policy Studies.
Before law school, Alex co-founded and sold an online technology company. Alex received his B.S. in economics and B.A. with distinction in history from the Wharton School of the University of Pennsylvania and his J.D. from Vanderbilt University Law School.
Senior Vice President, Strand Consult
Roslyn Layton, PhD is a leading international expert on technology policy. She is Senior Vice President of Strand Consult, an independent consultancy serving the global mobile telecom industry. She is also a Visiting Researcher at Aalborg University Copenhagen where she earned a doctoral thesis on network neutrality by measuring the outcome of the policy across 53 countries over 5 years. She served on the Presidential Transition Team for the Federal Communications Commission (FCC), and her work was critical to the FCC’s defense for the Restoring Internet Freedom Order. She has testified to the United States Senate and House on multiple topics including spectrum, broadband, mobile mergers, competition, and privacy. She founded the think tank China Tech Threat to study the problems of technology produced by the People’s Republic of China. She serves as the Program Chair for the Telecom Policy Research Conference, the leading interdisciplinary academic gathering. Her recent paper on rural broadband describes the empirical case for policy reform to recover network infrastructure costs from streaming video entertainment providers. She is a Senior Contributor to Forbes.
Chinese Misappropriation of U.S. Technology: Assessing the U.S. Response
Mark Cohen, David Hanke, Andy Keiser, Mark F. Schultz
Chinese targeting and misappropriation of U.S. technology has increasingly been identified as a threat to...
Laws, Regulations, and "Regulatory Dark Matter"
Wayne Crews
Congress passes and the President signs several dozen laws every year. Meanwhile, federal departments and...
The Layered Model of Adjudication and Enforcement of Net Neutrality with the FTC, DOJ, and State AGs
Alexander P. Okuliar, Roslyn Layton
A number of regulatory advocates assert that Title II of the Communications Act, enforced by...