Assistant Solicitor General, Texas
Katie serves as an Assistant Solicitor General for the State of Texas. She previously practiced law at a firm in Washington, D.C. where she focused her legal practice on complex trial and appellate litigation, specializing in data privacy and biometric issues. Before that, Katie served as Chief Counsel to Senator Jeff Flake at the U.S. Senate Judiciary Committee and clerked for Judge Michael B. Brennan of the U.S. Court of Appeals for the Seventh Circuit. Katie graduated from Liberty University and the Antonin Scalia Law School at George Mason University. She is a member of The Federalist Society’s Litigation Practice Group Executive Committee.
Partner, Evans Fears & Shuttert LLP
Lee Mickus defends manufacturers and other business interests in product liability and tort lawsuits around the country, guiding cases through the discovery, trial, and appeal stages. He has successfully tried cases to juries in Colorado, Texas, California, New York, Puerto Rico, Montana and several other states.
Partner, Wagstaff Law Firm
David Wool represents clients in toxic tort, pharmaceutical and medical device litigation. In his practice at Andrus Wagstaff, David has been intricately involved in the several major litigations. David was appointed to the Plaintiff’s Steering Committee in multi-district litigation (MDL) 2642, In Re Fluoroquinolone Products Liability Litigation, by the Honorable John R. Tunheim to represent thousands of plaintiffs suffering from permanent and debilitating peripheral neuropathy. Additionally, David served a critical role in MDL 2741, In Re Roundup Products Liability Litigation, successfully arguing against the first motion to dismiss filed anywhere in the country setting the stage for continued litigation. David is admitted to practice before the United States District Court for the District of Colorado, and represents clients in nearly every state across the country.
David has extensive knowledge and experience in every step of the litigation process from drafting complaints, to organizing multi-district litigation and arguing dispositive motions in federal court.
As a Trial Attorney in various litigations, David has:
David has litigated in nearly every federal circuit, and has extensive knowledge of complex federal and state specific products liability law including Daubert, Federal preemption law and the Learned Intermediary Doctrine. He has extensive experience briefing these and related issues in the United States District Courts for the Southern District of West Virginia, the Northern District of California, the District of Minnesota and the Judicial Panel for Multi-District Litigation, among others.
David is a native of Montgomery, Alabama and a graduate of Colorado College and Vanderbilt University Law School. Prior to joining Andrus Wagstaff
Assistant Solicitor General, Texas
Katie serves as an Assistant Solicitor General for the State of Texas. She previously practiced law at a firm in Washington, D.C. where she focused her legal practice on complex trial and appellate litigation, specializing in data privacy and biometric issues. Before that, Katie served as Chief Counsel to Senator Jeff Flake at the U.S. Senate Judiciary Committee and clerked for Judge Michael B. Brennan of the U.S. Court of Appeals for the Seventh Circuit. Katie graduated from Liberty University and the Antonin Scalia Law School at George Mason University. She is a member of The Federalist Society’s Litigation Practice Group Executive Committee.
Partner, Evans Fears & Shuttert LLP
Lee Mickus defends manufacturers and other business interests in product liability and tort lawsuits around the country, guiding cases through the discovery, trial, and appeal stages. He has successfully tried cases to juries in Colorado, Texas, California, New York, Puerto Rico, Montana and several other states.
Partner, Wagstaff Law Firm
David Wool represents clients in toxic tort, pharmaceutical and medical device litigation. In his practice at Andrus Wagstaff, David has been intricately involved in the several major litigations. David was appointed to the Plaintiff’s Steering Committee in multi-district litigation (MDL) 2642, In Re Fluoroquinolone Products Liability Litigation, by the Honorable John R. Tunheim to represent thousands of plaintiffs suffering from permanent and debilitating peripheral neuropathy. Additionally, David served a critical role in MDL 2741, In Re Roundup Products Liability Litigation, successfully arguing against the first motion to dismiss filed anywhere in the country setting the stage for continued litigation. David is admitted to practice before the United States District Court for the District of Colorado, and represents clients in nearly every state across the country.
David has extensive knowledge and experience in every step of the litigation process from drafting complaints, to organizing multi-district litigation and arguing dispositive motions in federal court.
As a Trial Attorney in various litigations, David has:
David has litigated in nearly every federal circuit, and has extensive knowledge of complex federal and state specific products liability law including Daubert, Federal preemption law and the Learned Intermediary Doctrine. He has extensive experience briefing these and related issues in the United States District Courts for the Southern District of West Virginia, the Northern District of California, the District of Minnesota and the Judicial Panel for Multi-District Litigation, among others.
David is a native of Montgomery, Alabama and a graduate of Colorado College and Vanderbilt University Law School. Prior to joining Andrus Wagstaff
Partner, Shook, Hardy & Bacon, LLP
Phil Goldberg is the office managing partner of Shook in Washington, D.C., and co-chair of the firm’s Public Policy Practice Group. He has more than 25 years of experience advising clients on high stakes and high profile liability-related public policy, public affairs and public relations issues. He counsels businesses and their trade associations on some of the most cutting-edge liability issues of the day.
As part of this work, Phil co-chairs the firm’s National Amicus Practice, which files more than three dozen amicus briefs every year. He has filed amicus briefs for many of the most influential trade and civil justice groups with courts at every level, from the U.S. Supreme Court to the U.S. Courts of Appeals and state appellate courts. He has testified before Congress and state legislatures, has authored leading legal scholarship and is a regular speaker at judicial education conferences. He also is a resource for journalists, podcasters and others who report on and discuss pressing liability issues.
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.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Assistant Solicitor General, Texas
Katie serves as an Assistant Solicitor General for the State of Texas. She previously practiced law at a firm in Washington, D.C. where she focused her legal practice on complex trial and appellate litigation, specializing in data privacy and biometric issues. Before that, Katie served as Chief Counsel to Senator Jeff Flake at the U.S. Senate Judiciary Committee and clerked for Judge Michael B. Brennan of the U.S. Court of Appeals for the Seventh Circuit. Katie graduated from Liberty University and the Antonin Scalia Law School at George Mason University. She is a member of The Federalist Society’s Litigation Practice Group Executive Committee.
Partner, Evans Fears & Shuttert LLP
Lee Mickus defends manufacturers and other business interests in product liability and tort lawsuits around the country, guiding cases through the discovery, trial, and appeal stages. He has successfully tried cases to juries in Colorado, Texas, California, New York, Puerto Rico, Montana and several other states.
Partner, Wagstaff Law Firm
David Wool represents clients in toxic tort, pharmaceutical and medical device litigation. In his practice at Andrus Wagstaff, David has been intricately involved in the several major litigations. David was appointed to the Plaintiff’s Steering Committee in multi-district litigation (MDL) 2642, In Re Fluoroquinolone Products Liability Litigation, by the Honorable John R. Tunheim to represent thousands of plaintiffs suffering from permanent and debilitating peripheral neuropathy. Additionally, David served a critical role in MDL 2741, In Re Roundup Products Liability Litigation, successfully arguing against the first motion to dismiss filed anywhere in the country setting the stage for continued litigation. David is admitted to practice before the United States District Court for the District of Colorado, and represents clients in nearly every state across the country.
David has extensive knowledge and experience in every step of the litigation process from drafting complaints, to organizing multi-district litigation and arguing dispositive motions in federal court.
As a Trial Attorney in various litigations, David has:
David has litigated in nearly every federal circuit, and has extensive knowledge of complex federal and state specific products liability law including Daubert, Federal preemption law and the Learned Intermediary Doctrine. He has extensive experience briefing these and related issues in the United States District Courts for the Southern District of West Virginia, the Northern District of California, the District of Minnesota and the Judicial Panel for Multi-District Litigation, among others.
David is a native of Montgomery, Alabama and a graduate of Colorado College and Vanderbilt University Law School. Prior to joining Andrus Wagstaff
Partner, Shook, Hardy & Bacon LLP
Victor Schwartz chairs the firm's Public Policy Practice Group, which focuses on integrating litigation, government affairs and public relations. The group seeks to be the vanguard of developing public policy issues that will help improve our civil justice system. Mr. Schwartz also has an active appellate practice and advises product manufacturers on liability prevention, litigation and public relations issues.
Sought by print and broadcast media, Mr. Schwartz is frequently quoted in The Wall Street Journal, The Washington Post and The New York Times. He has appeared on Oprah, 60 Minutes and leading news programs. The Legal Times of Washington has named Mr. Schwartz one of Washington’s Top 30 “Visionary” lawyers, and The National Law Journal named Mr. Schwartz one of the 100 most influential lawyers in the United States in March 2013.
Mr. Schwartz is on the Board of Directors of the Searle Civil Justice Institute at George Mason University School of Law. He is a frequent participant in judicial education programs. Mr. Schwartz serves as General Counsel to the American Tort Reform Association.
Prior to entering the full time practice of law, Mr. Schwartz was a professor and dean at the University of Cincinnati College of Law. He currently serves on the College’s Board of Visitors. In 2012, the College established the Professor Victor E. Schwartz Chair in Tort Law.
Mr. Schwartz, while at the U.S. Department of Commerce, served as chair of the Federal Inter-Agency Task Force on Product Liability, and the Federal Inter-Agency Council on Insurance. He was the principal author of the Uniform Product Liability Act and the Federal Risk Retention Act. He received the Secretary of Commerce’s Award for Professional Excellence.
Mr. Schwartz is co-author of the most widely used torts casebook in the United States, Prosser, Wade and Schwartz’s Torts (12th ed. 2010). He is author of the leading text Comparative Negligence (5th ed. 2010).
Mr. Schwartz has been an advisor for each of the American Law Institute’s (ALI) Restatement (Third) of Torts projects; Products Liability, Apportionment of Liability, and Liability for Physical Injury and Emotional Harm. He is a life member of the ALI.
Mr. Schwartz’s law review articles have analyzed almost every major subject of modern tort and civil justice public policy issues. His articles are frequently cited by both state and federal courts.
Admitting Expert Evidence Under Rule 702: By What Standard?
Kateland R. Jackson, Leah Lorber, Lee S. Mickus, David Wool
This webinar will host a debate over the pending amendments to Federal Rule of Evidence...
Admitting Expert Evidence Under Rule 702: By What Standard?
Kateland R. Jackson, Leah Lorber, Lee S. Mickus, David Wool
This webinar will host a debate over the pending amendments to Federal Rule of Evidence...
Admitting Expert Evidence Under Rule 702: By What Standard?
TeleforumCourthouse Steps Decision Teleforum: BP P.L.C. v. Mayor and City Council of Baltimore
Phil Goldberg, Karen Harned
Nearly two dozen lawsuits against energy manufacturers seeking state tort damages over climate change have...
Did the Constitution Grant the Federal Government Eminent Domain Power?: Using Eighteenth Century Law to Answer Constitutional Questions
Robert G. Natelson
Note from the Editor: This article asks whether the Constitution granted eminent domain power to...
Driverless Cars: Crashes, Damages, and Liability [POLICYbrief]
Victor E. Schwartz
On March 18, 2018, Elaine Herzberg was struck and killed by a driverless car. As...
Driverless Cars: A New Challenge to Cybersecurity [POLICYbrief]
Victor E. Schwartz
Can a driverless car be hacked? Who will have access to data from these vehicles?...
ALI Civil Justice Update - Podcast
Victor E. Schwartz
Since 1923, the American Law Institute has exercised more influence on judge-made common law than any...
ALI Civil Justice Update
TeleforumBook Review: The War on Cops
John G. Malcolm
Note from the Editor: This book review supports the basic contentions of Heather Mac Donald’s...