Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Shareholder, Ogletree Deakins
Brian Hayes is a Shareholder in the Washington, DC office of Ogletree Deakins and serves as Co-Chair of the law firm’s Traditional Labor Practice Group. Immediately prior to his joining the firm he was a Member of the National Labor Relations Board. He was confirmed to that post by the United States Senate in 2010 and his term ended in December of 2012. He is currently a Member of the U.S. Chamber of Commerce Litigation Advisory Committee and was recently named Chairman of the U.S. Chamber’s Subcommittee on the National Labor Relations Act. He also serves as editor in chief for The Practical NLRB Advisor.
Prior to his nomination and confirmation to the NLRB, Brian Hayes served as the Republican Labor Policy Director for the United States Senate Committee on Health, Education, Labor and Pensions. He came to Capitol Hill in 2005 after nearly thirty years in private legal practice devoted exclusively to representing management clients in labor and employment matters. While in private practice he represented clients in scores of cases before NLRB, state and federal courts, and a host of other federal agencies such as the EEOC, OFCCP, OSHA, the Department of Labor and their state counterparts. He also has had extensive private practice experience representing employers in collective-bargaining negotiations, arbitrations and other forms of dispute resolution. In addition to his private practice, he served as Counsel to the Employers’ Association of the Northeast, editor-in-chief and contributor to The Health Care Labor Manual, and also served on the adjunct faculty of Western New England Law School teaching courses in labor law, and collective-bargaining, arbitration and employment litigation. Before entering private practice he began his legal career at the NLRB working as a law clerk to the Chief Administrative Law Judge while in law school and subsequently as counsel to the then-Board Chairman. He is a graduate of Boston College and of Georgetown University Law School.
Principal, JacksonLewis
Marvin Kaplan is a principal in the New York City, New York, office of Jackson Lewis P.C.
Marvin, a former Chairman of the National Labor Relations Board (NLRB), advises clients on labor and employment issues, focusing on union organizing and labor-management relations. Over his eight years on the NLRB, Marvin participated in over 900 decisions, including decisions addressing the lawfulness of captive audience speeches and work rules, and the standards for determining the composition of a bargaining unit and whether an individual is an independent contractor, and several rulemakings, defining a joint-employer and laying out procedures governing representation elections.
Prior to his time on the NLRB, he served as Chief Counsel at the Occupational Safety and Health Review Commission and a Special Assistant at U.S. Department of Labor. His cross-disciplinary experience makes Marvin particularly well-suited to advise clients on strategic business planning.
His experience at all levels of government in different agencies and branches, including the U.S. House of Representatives, provides a unique perspective on Congressional oversight, legislation, regulations and federal investigations—enabling him to help clients navigate complex compliance challenges and anticipate regulatory developments that could impact their organizations.
He is a graduate of Cornell University and Washington University in St. Louis Law School.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
President and Founder, JKC Consulting LLC
John Kneuer is the President and Founder of JKC Consulting LLC. He sits on multiple public and private company boards.
Prior to starting Kneuer LLC, Mr. Kneuer served as the Assistant Secretary of Commerce for Communications and Information. In this capacity Mr. Kneuer was the principal advisor to the President of the United States on telecommunications policy and the Administrator of the National Telecommunications and Information Administration ("NTIA").In addition to representing the Executive Branch in domestic and international telecommunications and information policy activities, NTIA also manages the federal use of spectrum; performs cutting edge telecommunications research and engineering, including resolving technical telecommunications issues for the federal government and private sector; and administers infrastructure and public telecommunications facilities grants.
Prior to his service at NTIA, Mr. Kneuer served as a Senior Associate at the law firm of Piper Rudnick in Washington, D.C., providing regulatory and legislative representation to corporate clients in the telecommunications, defense, and transportation industries. Earlier in his career, Mr. Kneuer served as the Executive Director for Government Relations at the Industrial Telecommunications Association, and prior to that served as an Attorney-Advisor in the Commercial Wireless Division of the Federal Communications Commission's Wireless Bureau. Mr. Kneuer received B.A. and J.D. degrees from the Catholic University of America.
Partner, Wiley Rein, LLP
Ari draws upon his experience in the areas of regulatory policy and compliance, transactions, and litigation, to provide clients with a holistic approach to their legal needs. He represents clients on some of their most important strategic matters, including mergers and acquisitions, significant rulemaking proceedings, and government investigations.
Ari works with clients to maximize the business potential of digital distribution technologies. He advises clients on spectrum monetization and policy, satellite, and cable distribution (including retransmission consent agreements and market definitions), and advertising matters.
Ari frequently represents regulated parties in matters before the Federal Communications Commission’s (FCC) Enforcement Bureau, the Federal Trade Commission (FTC), and other adjudicatory bodies, where he provides strategic guidance, leads internal investigations, and drafts responses to letters of inquiry (LOIs) and subpoenas. He works to achieve favorable results for clients, whether through negotiation, formal responses, or litigation.
Additionally, Ari represents plaintiffs and defendants in federal and state trial and appellate proceedings throughout the United States, including cases relating to trademark and copyright, contractual disputes, and administrative procedure. He regularly works with domestic and international clients on issues related to the distribution of content over the Internet, including helping them to protect and defend their trademark rights and to advise them on copyright matters, including under the Uniform Domain Name Dispute Resolution Policy (UDRP), the Anticybersquatting Consumer Protection Act (ACPA), and the Digital Millennium Copyright Act (DMCA).
Associate Professor of Law, Sandra Day O'Connor College of Law, Arizona State University
Jonathan Green is an Associate Professor of Law at Arizona State University teaching Civil Procedure and Statutory Interpretation. His scholarship focuses on the history of political and legal thought. He is especially interested in the history of constitutionalism, theories of interpretation, and the concept of judicial power. His research has been published in the Arizona State Law Journal, the Journal of the History of Ideas, Modern Intellectual History, and the Historical Journal.
Prior to joining the ASU faculty in 2024, Professor Green was a Harry A. Bigelow Fellow at the University of Chicago. He previously clerked for Judge Neomi Rao of the U.S. Court of Appeals for the District of Columbia Circuit, and worked as a litigation associate at DLA Piper in Philadelphia.
Professor Green holds a J.D. from Yale Law School, where he was an editor of the Yale Law Journal. He received his PhD from the University of Cambridge, where he was a joint recipient of Prince Consort & Thirwall Prize, awarded annually for the best dissertation in the Cambridge History Faculty. He also received his MPhil from Cambridge, and earned his B.A., summa cum laude, from Northwestern University.
Judge, United States Tax Court
Senior Judge.. B.A. Harvard College, 1979; J.D. University of Chicago Law School, 1983. Admitted to New York and District of Columbia Bars; U.S. Supreme Court; DC, Second, Fifth and Ninth Circuits; Southern and Eastern Districts of New York, Court of Federal Claims. Practiced in New York as an Associate, Cahill Gordon & Reindel, 1983-85; Sullivan & Cromwell, 1987-1991; served as Clerk to the Hon. Alex Kozinski, Ninth Circuit, 1985-87; and in Washington as Counsel to Commissioners, United States International Trade Commission, 1991-96; Counsel, Miller & Chevalier, 1996-2001; Deputy Assistant Attorney General, Tax Division, 2001-03. Member, American Bar Association (Litigation and Tax Sections). Appointed by President George W. Bush as Judge, United States Tax Court, on June 30, 2003.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of the new book The Constitution of 1789: A New Introduction (Cambridge 2026). His previous books include A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). He is also the author of the casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 3d ed. 2025).
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Executive Director, Committee for Justice
Ashley Baker is Executive Director of the Committee for Justice and founder of the Alliance on Antitrust coalition. Her work focuses on antitrust law, technology regulation, administrative-agency authority, the Supreme Court, and judicial nominations. She closely follows the Federal Trade Commission and the Department of Justice’s Antitrust Division, with particular attention to merger review, agency procedure, and the effects of regulation on American innovation and competitiveness. She is also founder of the Alliance on Antitrust Coalition.
Ashley has testified before the United States Senate on antitrust law. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and other national publications. She also provides policy analysis through congressional testimony and correspondence, regulatory comments, and public commentary.
Ashley serves on the Federalist Society’s Regulatory Transparency Project and Antitrust and Consumer Protection Practice Group Executive Committee. She is also active in the Republican National Lawyers Association and has spoken on the Supreme Court and the federal judiciary. An authority on the judicial-confirmation process, she worked closely on the successful confirmation efforts for Justices Neil Gorsuch and Brett Kavanaugh, as well as multiple federal appellate judges.
Associate Attorney, Gibson Dunn
Logan Billman is an associate in the Washington, D.C. office of Gibson Dunn and a member of the firm’s Litigation Department. His practice focuses on antitrust and competition law, including merger investigations and conduct matters before the Federal Trade Commission, the U.S. Department of Justice Antitrust Division, and state attorneys general. Logan represents clients in complex private and government antitrust litigation and has significant experience in FTC merger challenges, including litigating and counseling clients through all phases of agency enforcement proceedings. His practice spans strategic counseling, investigative compliance, and trial advocacy in high-stakes competition matters. Logan received his J.D. from Georgetown University Law Center, magna cum laude and Order of the Coif, where he served as Managing Editor of the Georgetown Journal of Law & Public Policy. During law school, he interned with the U.S. Department of Justice Antitrust Division and the Federal Trade Commission. He earned a B.A. in Economics from American University.
Senior Advisor for Competition and International Affairs, Office of Chairman Andrew N. Ferguson, FTC
Partner and Co-Founder, Simonsen Sussman LLP
Shaoul is a Partner and Co-Founder of Simonsen Sussman LLP and a seasoned antitrust practitioner with extensive experience in private and government practice.
Most recently, Shaoul served as the Associate Director for Litigation in the Bureau of Competition at the Federal Trade Commission. During his tenure, he oversaw the Bureau’s expansive litigation portfolio, focusing on strategic case development and successful outcomes. During his time in the Bureau’s Front Office, Shaoul worked on several high-profile and complex cases including the Kroger-Albertsons merger challenge, which addressed consolidation in the retail grocery sector, and the FTC’s lawsuit to unwind Illumina's acquisition of Grail in the Fifth Circuit, the first successful challenge to a vertical merger in 40 years. Additionally, Shaoul played an instrumental role in the FTC’s landmark monopolization case against Meta.
Apart from his litigation work at FTC, Shaoul played a pivotal role in shaping the FTC and DOJ 2023 Merger Guidelines, which introduced new measures aimed at addressing market consolidation and modernizing merger enforcement standards to reflect contemporary market realities and economics. Shaoul led the efforts to reform the premerger notification process under the Hart-Scott-Rodino (HSR) Act. These reforms, which came into effect in 2025, included significant updates to streamline filing procedures, improve transparency, and strengthen regulatory oversight to ensure compliance with evolving antitrust laws. Shaoul also led the drafting of several amicus briefs filed by the U.S. government in landmark antitrust cases, including the FTC’s amicus brief during the remedy phase of the Epic v. Google case, which was cited favorably by the court.
Shaoul previously served as Attorney Advisor to former FTC Chair Lina Khan. Prior to his roles at the FTC, Shaoul was in private practice and served as a legal fellow at the Institute for Local Self-Reliance. Shaoul holds a J.D. from Fordham University and a B.A. from Bard College Berlin.
Shaoul serves on the board of the American Economic Liberties Project and as a Senior Advisor at Columbia Law School, where he focuses on academic antitrust research, exploring innovative approaches to competition policy, and modern market dynamics.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
David C. Tryon is the director of litigation at The Buckeye Institute. In this role, he supervises all litigation and outside litigation counsel and actively participates in Buckeye’s cases in both state and federal court.
Immediately prior to joining Buckeye, Tryon served as deputy solicitor general in the West Virginia Attorney General’s office, where he handled both trials and appellate matters, including preparing amicus curiae briefs. Many of the matters either challenged federal laws and regulations that infringed on state’s rights or defended the validity of West Virginia laws against constitutional challenges.
Tryon served as the deputy assistant secretary for policy and development in the Office for Civil Rights in the U.S. Department of Education from 2019-2020. While there, he assisted with developing and implementing new policies and guidance and was responsible for the Civil Rights Data Collection, which covers all primary and secondary schools receiving federal funds.
Nominated as the chief counsel for advocacy at the U.S. Small Business Administration, Tryon was favorably voted out of the Senate Committee on Small Business and Entrepreneurship. In connection with his nomination, he had numerous meetings with small business organizations to learn the concerns and needs of small businesses.
Tryon has had more than 30 years of commercial litigation experience in state and federal courts, including trials and appeals. Several of these cases involved the U.S. Constitution or the Ohio Constitution. In Arnold v. City of Cleveland, he was successful in having the Ohio Supreme Court declare the right to bear arms a fundamental right under the Ohio Constitution.
Tryon has dedicated much of his time to civic affairs. He served on the local school board for four years, two of those as school board president. During his nine years on the Executive Board for the Greater Cleveland Council of the Boy Scouts of America, he organized two major parades, created a personnel committee for leadership training of professional staff, and was involved in restructuring the Council. From 2015 to 2020, he served on the Ohio Advisory Committee to the United States Commission on Civil Rights. He was part of a select group to participate in Leadership Cleveland, Class of 2016. He also led the Cleveland Lawyers Chapter of the Federalist Society for nearly 20 years.
Tryon received a Bachelor of Science Degree (magna cum laude) from Brigham Young University and his Juris Doctorate (cum laude) from the University of Michigan.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Special Counsel, Wiley Rein LLP
Michael Showalter is a Special Counsel at Wiley Rein LLP. He received his J.D. from Yale Law School in 2016.
Class of 1965 Associate Professor of Financial Regulation, Associate Professor of Legal Studies & Business Ethics, The Wharton School of the University of Pennsylvania
Peter Conti-Brown is an assistant professor of legal studies and business ethics at The Wharton School of the University of Pennsylvania. A financial historian and a legal scholar, Professor Conti-Brown studies central banking, financial regulation, and public finance, with a particular focus on the history and policies of the US Federal Reserve System. He is author of the book The Power and Independence of the Federal Reserve (Princeton University Press 2016), the editor of two other books, and author or co-author of a dozen articles on central banking, financial regulation, and bank corporate governance. He has been widely quoted in print and online media on central banking and has testified before the US Senate Banking Committee on reforming the Federal Reserve. He holds degrees from Harvard College, Stanford Law School, and Princeton University’s Department of History. He is currently at work on a single-volume, comprehensive history of the US Federal Reserve.
Professor Conti-Brown is married and the father of two children.
Partner, Boyden Gray PLLC
Trent McCotter is a partner with Boyden Gray PLLC. He previously served as Deputy Associate Attorney General of the United States and as an Assistant U.S. Attorney.
Mr. McCotter maintains an extensive appellate practice. He has considerable experience identifying and briefing cases that draw the Supreme Court’s attention, having persuaded the Court to grant certiorari in numerous cases raising issues of sovereignty, constitutional rights, due process, and criminal law. He has authored and submitted over 60 briefs at the Court.
He has also personally argued more than fifteen federal appeals across the Second, Fourth, Fifth, Sixth, Ninth, Eleventh, Federal, and D.C. Circuits—including once arguing three separate appeals in just four days. He has also twice argued before the 17-judge en banc Fifth Circuit. He has been counsel in over 50 other appeals raising matters from FOIA and the APA to constitutional rights and statutory construction.
As Deputy Associate Attorney General, Mr. McCotter oversaw DOJ’s Civil Appellate and Federal Programs branches, which are responsible for defending nearly all major litigation against the federal government. During his three years as a federal trial attorney in the Eastern District of Virginia’s “Rocket Docket,” Mr. McCotter won the Attorney General’s Award for Distinguished Service.
During his DOJ tenures, Mr. McCotter also assisted with the confirmations of two Supreme Court justices and over a dozen lower-court judges.
Mr. McCotter served as an inaugural clerk to the Hon. Steven J. Menashi on the U.S. Court of Appeals for the Second Circuit and also clerked for the Hon. R. Lanier Anderson III on the U.S. Court of Appeals for the Eleventh Circuit.
Senior Fellow, Bank Policy Institute
Jeremy Newell is a senior fellow at the Bank Policy Institute and recognized expert in banking law and financial services regulatory policy matters. As a former partner at Covington & Burling, Federal Reserve attorney and supervisor, and general counsel at both the Bank Policy Institute and The Clearing House Association, Jeremy has spent his career helping banks and other financial institutions to understand and navigate a rapidly-evolving regulatory environment and address complex and high-stakes legal and policy challenges. He is also a frequent speaker, writer, and teacher on U.S. bank regulation and the international framework for financial institutions.
Chairman & Co-Founder, Cynosure Group
Randal Quarles is Chairman and co-founder of The Cynosure Group. Before founding Cynosure, Mr. Quarles was a long-time partner of the Carlyle Group, where he began the firm’s program of investments in the financial services industry during the 2008 financial crisis.
From October 2017 through October 2021, Mr. Quarles was Vice Chairman of the Federal Reserve System, serving as the system’s first Vice Chairman for Supervision, charged specifically with ensuring stability of the financial sector. He also served as the Chairman of the Financial Stability Board (“FSB”) from December 2018 until December 2021; a global body established after the Great Financial Crisis to coordinate international efforts to enhance financial stability. In both positions, he played a key role in crafting the US and international response to the economic and financial dislocations of COVID-19, successfully preventing widespread global disruption of the financial system. As FSB Chairman, he was a regular delegate to the finance ministers’ meetings of the G-7 and G20 Groups of nations and to the Summit meetings of the G20. As Fed Vice Chair, he was a permanent member of the Federal Open Market Committee, the body that sets monetary policy for the United States.
Earlier in his career, Mr. Quarles was Under Secretary of the U.S. Treasury, where he led the Department’s activities in financial sector and capital markets policy, including coordination of the President’s Working Group on Financial Markets.
Before serving as Under Secretary, Mr. Quarles was Assistant Secretary of the Treasury for International Affairs, where he had a key role in response to several international crises. Mr. Quarles was also the U.S. Executive Director of the International Monetary Fund, a member of the Air Transportation Stabilization Board, and board representative for the Pension Benefit Guaranty Corporation. In earlier public service, he was an integral member of the Treasury team in the George H. W. Bush Administration that developed the governmental response to the savings and loan crisis.
Between his tours of duty in public service, Mr. Quarles was a partner with the law firm of Davis Polk & Wardwell, working at various times in both the New York and London offices, where he was co-head of the firm’s financial institutions practice and advised on transactions that included a number of the largest financial sector mergers ever completed.
Mr. Quarles received an A.B. summa cum laude in philosophy and economics from Columbia in 1981 and a J.D. from the Yale Law School in 1984.
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.
Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”
As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces. He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force. He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation. Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.
Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He is the only person to have served as both Solicitor and Secretary of Labor.
He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.
In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws. He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes. He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act. Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations. He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.
Mr. Scalia is a Senior Fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process. He is the author of more than 30 articles and papers on labor and employment law, administrative law, and other subjects. Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360. The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He has been a Lecturer in labor and employment law at the University of Chicago Law School.
Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school. Mr. Scalia and his wife Trish have seven children.
Adjudication versus Rulemaking: A Look at How NLRB Sets Labor Policy
Samuel Estreicher, Brian E. Hayes, Marvin Kaplan, Alexander T. MacDonald
The National Labor Relations Board is responsible for developing national labor policy, but it has...
Litigation Update: Property Rights in Spectrum and Ligado
John Kneuer, Andrew Lock, Ari Meltzer
What property rights, if any, does an FCC spectrum license confer? Long thought to be...
Formalism and the Fate of the Republic—Defending the Judiciary from Itself
Jonathan Green, Mark V. Holmes, Ilan Wurman
Featuring: Prof. Jonathan A. Green, Associate Professor of Law, Sandra Day O’Connor College of Law Prof....
The FTC’s Pre-Merger Notification Rule on Appeal
Ashley Baker, Logan Billman, Maxwell Gottschall, Jana Seidl, Shaoul Sussman
The Federal Trade Commission’s recent overhaul of the Hart-Scott-Rodino Act (HSR) premerger notification rule represents...
Structure Over Spectacle: The Supreme Court's 2024 Term
Donald A. Daugherty, David C. Tryon
After several years of headline-grabbing decisions that reshaped national political debate—from abortion and affirmative action...
The Curtain Falls on Chevron: Will the Chevron Two-Step Give Way to a Simpler Loper Bright-Line Rule?
Ronald A. Cass
Traditionally, administrative law cases don’t make news. Instead, they make snooze. They can be exciting...
Topics
Texas District Court Sets Aside FTC's Ban on Non-Compete Agreements
In Ryan LLC v. FTC, decided on August 20, the U.S. District Court for the...
Topics
Corner Post and Loper Bright: Only certain plaintiffs can challenge old regulations in the post-Chevron world
When we filed Corner Post’s lawsuit in 2021, we didn’t expect to end up at...
Corner Post and 28 U.S.C. § 2401(a): Not Much to Look At?
Michael J. Showalter
This term the U.S. Supreme Court will decide Corner Post, Inc. v. Board of Governors...
Navigating the Capital Adequacy Rule: Legal and Policy Perspectives
Peter Conti-Brown, Trent McCotter, Jeremy Newell, Randal K. Quarles, Eugene Scalia
Registration to attend this event in person is now closed. Join us on April 10, 2024,...