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.
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.
General Counsel, xAI and X
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Brandon Smith is a partner at Holtzman Vogel, based in Tennessee, where he focuses on government investigations, white collar matters, and specialty litigation. A seasoned government leader and legal strategist, Brandon has played a central role in shaping conservative policy and litigation at the highest levels of state government.
Before joining the firm, Brandon served as Chief of Staff and Assistant Solicitor General in the Tennessee Attorney General’s Office. In that role, he led multi-state litigation, high-profile constitutional challenges, and efforts to counter federal overreach and ESG-related corporate activism. He worked closely with nearly every Republican Attorney General’s Office in the country, coordinating litigation, strategy, and multi-state policy efforts.
Earlier in his career, Brandon served as Executive Director of Legislative and Regulatory Affairs for Kentucky Governor Matt Bevin and as Policy Director to Kansas Governor Sam Brownback, where he helped drive key legislative and budget initiatives. He also held roles as Deputy Director of the Federalist Society and as an adjunct professor at American University.
Brandon’s career has been defined by a commitment to defending federalism, advancing conservative governance, and shaping legal and policy fights that matter.
Partner, Copilevitz Lam & Raney
Karen Donnelly is a partner at Copilevitz Law & Raney and president of the Kansas City Lawyers Chapter with the Federalist Society. Karen’s practice focuses on First Amendment litigation and regulatory law in the areas of charitable, political and commercial speech. She represents nonprofit and commercial entities within the fundraising, advertising and marketing communities, including state attorney general investigations, Federal Trade Commission investigations, IRS audits, multi-state investigations, civil rights litigation and appellate practice in federal and state courts.
In 2023, Karen argued before the U.S. Court of Appeals for the Tenth Circuit in a First Amendment case involving a statutory ban on charitable fundraising.
In 2021, Karen coordinated and filed an amicus brief before the U.S. Supreme Court in Americans for Prosperity v. Bonta on behalf of The Nonprofit Alliance (TNPA), People for the Ethical Treatment of Animals (PETA), Association of Fundraising Professionals (AFP) and 123 nonprofit organizations across the ideological spectrum in support of the petitioners. Our brief contributed to a victory for the entire philanthropic sector–SCOTUS facially invalidated California’s mandatory disclosure of major donors as a condition of soliciting charitable contributions in the State.
In 2018, Karen argued before the U.S. Court of Appeals for the DC Circuit in a case involving administrative law and First Amendment claims in the charitable speech context.
In 2019 and 2020, Karen successfully represented nonprofit and commercial organizations in federal trademark matters in federal district court and before the USPTO’s Trademark Trial and Appeal Board.
Karen also counsels on the formation, structuring and qualification of tax-exempt organizations. She advises clients on nonprofit governance issues, corporate law, regulatory compliance, tax-exempt organizations law, and constitutional law.
She has also worked in the areas of direct marketing and nonprofit fundraising in Washington, D.C.
Karen is the President of the Kansas City Lawyers Chapter of the Federalist Society. She also serves on the Board of Kansas City-based Non-Profit Connect and participates in the Government Affairs Committee of The Nonprofit Alliance based in Washington, D.C. Karen is Chair of the St. Anthony’s Pastoral Council, Lector and Pre-Cana Minister. In her spare time, she enjoys travel, running, and spending time with family.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Associate, Bartimus Frickleton Robertson Rader P.C.
Kelly Frickleton is an associate attorney at Bartimus Frickleton Robertson Rader P.C. Since joining the firm in 2017, Kelly has focused her practice on complex personal injury cases, including medical malpractice and insurance bad faith litigation, and appeals. A natural problem-solver, Kelly uses her strong research and writing skills to craft legal strategies that help ensure the best possible outcome for each case. Prior to working in the legal field, Kelly was trained as an actor, which prepared her for many elements of being a trial lawyer – both in the performance aspect and her approach to cases. Her focus is always on understanding the client as an individual and telling their story in a way that will get the case to its best resolution. Kelly has also spent a considerable amount of time studying the intersection of law and race – which culminated in 2019 with her presentation of “An Exploration of Segregation in Kanas City” at KCMBA’s Bench Bar & Boardroom Conference. Kelly currently serves KCMBA/KCMBF as Chair of the YLS Board’s CLE Committee, Vice Chair of the Student Law Academy Committee, and as a member of the Bar Leadership Academy Taskforce and Communications Advisory Committee. She is also a member of the Association for Women Lawyers of Greater Kansas City, American Association for Justice, MATA, and The Women’s Foundation.
Partner, Graves Garrett Greim LLC
Edward “Eddie” Greim focuses his practice on complex commercial litigation, free speech and election law, and internal investigations and whistleblower claims. He has been recognized for his successful representation of businesses and individuals in commercial litigation while also being named a “go-to” lawyer on policy and constitutional issues.
Eddie was named a Constitutional and Election Law Trailblazer by the National Law Journal in 2020. His free speech and election law practice has included numerous constitutional challenges to election and campaign finance laws; representation of clients in state and federal ethics and campaign finance enforcement actions and investigations; initiative petition drafting and litigation; litigation and advice regarding First Amendment protections for petition circulation; representation of not-for-profit clients before state regulators; litigation of state and federal redistricting issues; and advice on campaign and election law compliance.
Eddie complements his trial work in complex, high-profile commercial and constitutional cases with oral advocacy and briefing in important appeals. Recognized as a Missouri Lawyers Media POWER 30 Appellate Attorney in 2021, he has argued before the Missouri and Kansas supreme courts multiple times, other state appellate courts across the country, and before the Sixth, Seventh, Eighth, and Tenth U.S. Courts of Appeals.
Eddie’s notable work for clients includes:
Recovering substantial compensation and injunctive relief for plaintiffs, in complex multiyear litigation, as lead counsel in the first and only nationwide class action certified against the Internal Revenue Service for violating taxpayer protection statutes when it targeted hundreds of groups based on their political viewpoints.
Successful First Amendment challenge to Missouri’s 2016 campaign finance restrictions.
Successful challenge to a vast, multiyear, secret criminal investigation into Wisconsin political groups and nonprofits, and follow-up challenge to expose role of state ethics board which secretly aided the investigation and was later dissolved by the legislature.
U.S. Supreme Court amicus brief for the National Republican Redistricting Trust in the 2019 Rucho litigation, and federal and state redistricting litigation and advice since 2011.
Challenges under the First Amendment in federal court, and in briefing to the Michigan Supreme Court on state constitutional grounds, to unprecedented emergency powers claimed by Michigan Governor in 2020.
Representation of numerous public officials and private citizens who are subject to “lawfare” attacks based on their political viewpoints or policy objectives.
Oversight of multiple internal investigations.
Eddie received his law degree from Harvard Law School in 2002, where he taught on the Board of Student Advisers, received the Dean’s Award for Leadership, and served as President of the Harvard Catholic Law Students Association. He received two bachelor’s degrees, summa cum laude, in economics and political science from the University of Missouri.
A native of Excelsior Springs, Missouri, Eddie lives in Kansas City with his family. He enjoys Missouri and military history. On many weekends, he can be found with his wife and daughters exploring sites of local interest. He enjoys reading and debating and has given presentations or organized discussions at numerous gatherings, formal and informal, of professional and personal interest.
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.
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.
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 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.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
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.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
2024 Civil Justice Update
Mark A. Behrens
This paper reviews key civil justice issues and changes in 2024. Part I discusses legal reform...
A discussion within the right: Why is there not a larger conservative plaintiffs' bar?
Mark A. Behrens, James M. Burnham, Andrew N. Ferguson, Ashley Keller, Brandon J. Smith
For decades, the plaintiffs' bar has been populated by liberal lawyers who support left-wing elected...
Panel 1: "Do Words Matter?"
Karen M. Donnelly, Theodore "Ted" Frank, Kelly Frickleton, Edward D. Greim
This panel explored the concept of whether what has come to be called “inclusive language,"...
Topics
MA Court Rule Provides Fairness in Closing Arguments on Damages
The Massachusetts Supreme Judicial Court has adopted amendments to Massachusetts Rule of Civil Procedure 51(a)...
2021 Civil Justice Update
Mark A. Behrens
This paper reviews key civil justice issues and changes in 2021. Part I focuses on broad...
2019 Civil Justice Update
Mark A. Behrens
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Courthouse Steps Decision Teleforum: Air & Liquid Systems Corp., et al. v. DeVries
Karen Harned
On March 19, 2019, the Supreme Court decided Air & Liquid Systems Corp., et al....
2018 Civil Justice Update
Mark A. Behrens, Christopher Appel
Note from the Editor: The Federalist Society takes seriously its responsibility as a non-partisan institution...
2018 Civil Justice Update
Mark A. Behrens, Christopher Appel
Note from the Editor: The Federalist Society takes seriously its responsibility as a non-partisan institution...
Conservative & Libertarian Legal Scholarship: Civil Procedure
[Return to Table of Contents] VIII. Civil Procedure The Role of the Federal Judge Charles...