Senior Fellow and Director of Finance Policy, Competitive Enterprise Institute
John Berlau is a senior fellow and Director of Finance Policy at the Competitive Enterprise Institute. His work focuses on how public policy affects access to capital, entrepreneurship, and investments made by the public and business community alike. In recent years, he has studied the consequences of financial reform efforts passed by Congress like the Sarbanes-Oxley Act, the government’s response to the 2008 financial crisis including the Dodd-Frank Act, the placement of Fannie Mae and Freddie Mac into conservatorship, and the rise of cryptocurrency.
He is also the author of the book George Washington: Entrepreneur: How Our Founding Father’s Private Business Pursuits Changed America and the World. The book received rave reviews in the Wall Street Journal and other forums, and was endorsed by eminent historians and scholars such as Richard Brookhiser, Amity Shlaes, and Craig Shirley.
Berlau is a contributing writer for Forbes. His work has been published and cited in The Wall Street Journal, The New York Times, The Washington Post, Financial Times, Bloomberg News, The Atlantic, Politico, Daily Caller, Washington Examiner, Investor’s Business Daily, National Journal, National Review, American Spectator, Reason Magazine, and more. He is a frequent guest on radio and television programs, including CNBC’s “The Call,” “Power Lunch” and “Closing Bell,” Fox News’ “Fox & Friends” and “Your World with Neil Cavuto,” and Fox Business’ “Cavuto.”
He has testified on the impact of financial regulation before the House Committee on Financial Services and the House Committee on Energy and Commerce. A recognized expert on the phenomenon of crowdfunding, Berlau has spoken at prominent conferences such as South by Southwest Interactive in Austin, Money 20/20 in Las Vegas, the FinTech Global Expo in San Diego, the CFGE Crowdfund Banking and Lending Summit in San Francisco and the Crowdfund Intermediary Regulatory Advocates (CFIRA) Summit in Washington, D.C. He is also author of the widely cited paper “Declaration of Crowdfunding Independence: Finance of the People, by the People, and for the People.”
Berlau is an award-winning financial and political journalist. He served as Washington correspondent for Investor’s Business Daily and as a staff writer for Insight magazine, published by The Washington Times. In 2002, he received the Sandy Hume Memorial Award for Excellence in Political Journalism from Washington’s National Press Club. He was a media fellow at the Hoover Institution in 2003. He graduated from the University of Missouri-Columbia in 1994 with degrees in journalism and economics.
Securities Lawyer
He regularly represents clients before U.S. federal and state financial regulatory authorities, including the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority. He also represents clients in filing comment letters and amicus briefs in connection with SEC rulemakings.
Senior Counsel, Corporate Engagement Team, Alliance Defending Freedom
Brian Knight serves as senior counsel on the Corporate Engagement Team. His work focuses on issues of financial access, debanking, and preventing the power of the private sector from being weaponized against people of faith by both public and private actors.
Prior to joining ADF, Knight spent almost nine years at the Mercatus Center at George Mason University, as both a senior research fellow and as a program director. In addition to managing a team of scholars, Knight’s research focused on financial regulation and the politicization of financial services. His research helped inform legislation and regulation at the federal and state level. He was also the lead author for two amicus briefs submitted to the U.S. Supreme Court in the case of National Rifle Association v. Vullo.
Before joining Mercatus, Knight worked at the Milken Institute, where he focused on financial technology. He was also an entrepreneur, co-founding a firm focused on compliance for crowdfunding.
Knight earned a Juris Doctor from the University of Virginia School of Law and a Bachelor of Arts from the College of William and Mary.
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
Retired, Winston & Strawn LLP
Jerry Loeser is of counsel in the Chicago office of Winston & Strawn, and his practice focuses on banking regulation. He has extensive experience in counseling financial services clients on, among other things, bank acquisitions, privacy, financial modernization, the USA PATRIOT Act, Basel II and III, lending limits, capital, trust, affiliate transactions, and Federal Reserve, OCC, FDIC, and CFPB regulations.
Prior to working at large corporate law firms, Jerry was chief regulatory and compliance counsel for Comerica Bank, where he also served as senior vice president and deputy general counsel and as general counsel of its retail bank division. Before that, he served as chief regulatory in-house counsel at Wells Fargo & Co. Jerry began his legal career advising the Board of Governors of the Federal Reserve System in Washington, D.C.
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.
Professor of Law, Yeshiva University Benjamin N. Cardozo School of Law
Professor Brickman teaches Contracts, Professional Responsibility, and Land Use, among other courses. His areas of expertise include legal ethics, contingency fees, mass torts, and asbestos litigation. His writings on these and other subjects are widely cited and he is frequently quoted in the press.
Assistant Managing Editor and Senior Writer, Bloomberg Businessweek
Paul M. Barrett grew up in northern New Jersey where he attended public schools. As an undergraduate at Harvard College, he served as president of the Crimson. After a detour through Harvard Law School, where he received a J.D. in 1987, Mr. Barrett returned to journalism and for many years wrote about legal affairs for The Wall Street Journal before branching out into more varied feature and investigative reporting. Mr. Barrett is currently an assistant managing editor and senior writer at Bloomberg Businessweek, where he has written cover articles on the college sports business, the gun industry, the concussion crisis in pro football, the decline of NASA, oil trading in the Georgian Republic, presidential politics, intrigue in Warren Buffett’s inner circle, and the world’s largest chain of funeral homes. He is the author of the New York Times bestseller Glock: The Rise of America’s Gun, American Islam: The Struggle for the Soul of a Religion, and The Good Black: A True Story of Race in America. He and his wife, Julie Cohen, live in New York with a dachshund named Beau.
Legal Scholar and Solo Practitioner
Jack received his B.A. in History from the University of Virginia in 1977, graduating with Highest Distinction. After graduating Yale Law School in 1980, he served active duty in the U.S. Army's JAG Corps, rising to the rank of Major, where he represented the United States in more than 250 cases.
He practiced for a decade as an Associate for Bradley Arant in Birmingham, Alabama. He proudly served the State of Alabama in the Office of the Attorney General, both as Deputy and Assistant Attorney General, handling complex civil and criminal litigation cases for the people of Alabama. In 2000, he won the "Best Brief Award" from the National Association of Attorneys General for his brief in a case decided by the U.S. Supreme Court, James Alexander v. Martha Sandoval – a case he won. He was Special Assistant to the Inspector General for the Corporation for National and Community Service, Visiting Legal Fellow for the Center for Judicial and Legal Studies for the Heritage Foundation, Of Counsel at Strickland Brockington Lewis, a solo practitioner, and General Counsel for Indigo Energy.
Most recently, he "re-upped" for military service, volunteering his legal services to the Georgia State Defense Force where twice each month he provided legal services for National Guardsmen who were being deployed. He wore his military uniform for the last time in October 2024.
Jack Park passed away on March 16, 2026.
H.H. Macaulay Endowed Professor of Economics, Clemson College of Business
Thomas Hazlett is the Hugh H. Macaulay Endowed Professor of Economics at Clemson University. He has previously held faculty positions at George Mason University, the University of California, Davis, and the Wharton School, and served as Chief Economist of the Federal Communications Commission. A noted expert in regulatory economics and information markets, his research has appeared in academic forums such as the Journal of Law & Economics, RAND Journal of Economics, the Journal of Financial Economics, the University of Pennsylvania Law Review and the Columbia Law Review. He has also written for such popular periodicals as the Wall Street Journal, The Economist, Slate, the N.Y. Times, N.Y. Daily News, Reuters.com, Business Week, The New Republic and the Financial Times. His most recent book, The Political Spectrum: The Tumultuous Liberation of Wireless Technology, from Herbert Hoover to the Smartphone, (Yale, 2017), was featured as one of the top tech books of the year at CES 2018.
Laurence H. Silberman Chair in Constitutional Governance, American Enterprise Institute; Executive Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. He also directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
He writes on regulation and constitutional government for a variety of publications. He practiced law in Washington, D.C., after clerking for the D.C. Circuit's Judge David Sentelle. He also has been chairman of the ABA's Administrative Law Section.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court.
Assistant Managing Editor and Senior Writer, Bloomberg Businessweek
Paul M. Barrett grew up in northern New Jersey where he attended public schools. As an undergraduate at Harvard College, he served as president of the Crimson. After a detour through Harvard Law School, where he received a J.D. in 1987, Mr. Barrett returned to journalism and for many years wrote about legal affairs for The Wall Street Journal before branching out into more varied feature and investigative reporting. Mr. Barrett is currently an assistant managing editor and senior writer at Bloomberg Businessweek, where he has written cover articles on the college sports business, the gun industry, the concussion crisis in pro football, the decline of NASA, oil trading in the Georgian Republic, presidential politics, intrigue in Warren Buffett’s inner circle, and the world’s largest chain of funeral homes. He is the author of the New York Times bestseller Glock: The Rise of America’s Gun, American Islam: The Struggle for the Soul of a Religion, and The Good Black: A True Story of Race in America. He and his wife, Julie Cohen, live in New York with a dachshund named Beau.
Legal Scholar and Solo Practitioner
Jack received his B.A. in History from the University of Virginia in 1977, graduating with Highest Distinction. After graduating Yale Law School in 1980, he served active duty in the U.S. Army's JAG Corps, rising to the rank of Major, where he represented the United States in more than 250 cases.
He practiced for a decade as an Associate for Bradley Arant in Birmingham, Alabama. He proudly served the State of Alabama in the Office of the Attorney General, both as Deputy and Assistant Attorney General, handling complex civil and criminal litigation cases for the people of Alabama. In 2000, he won the "Best Brief Award" from the National Association of Attorneys General for his brief in a case decided by the U.S. Supreme Court, James Alexander v. Martha Sandoval – a case he won. He was Special Assistant to the Inspector General for the Corporation for National and Community Service, Visiting Legal Fellow for the Center for Judicial and Legal Studies for the Heritage Foundation, Of Counsel at Strickland Brockington Lewis, a solo practitioner, and General Counsel for Indigo Energy.
Most recently, he "re-upped" for military service, volunteering his legal services to the Georgia State Defense Force where twice each month he provided legal services for National Guardsmen who were being deployed. He wore his military uniform for the last time in October 2024.
Jack Park passed away on March 16, 2026.
Deep Dive Episode 159 – Countering the Politicization of Financial Services: Is the Cure Worse than the Disease?
John Berlau, C. Wallace DeWitt, Brian Knight
In several recent high-profile cases, banks have conditioned or denied financial services to disfavored industries after...
Updating the Computer Fraud and Abuse Act
Jonathan Keim
Introduction In recent years, American institutions have suffered from a seemingly endless series of high-profile...
Consumer Financial Protection Bureau Update - June 2015 - Podcast
Wayne A. Abernathy, Julius L. Loeser
Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee provided an update...
Mesothelioma Litigation - Podcast
Mark A. Behrens, Lester Brickman
The tragedy of asbestos continues to play out. The ensuing litigation has no counterpart in...
Law of the Jungle: Chevron in the Amazon - Podcast
Paul M. Barrett, John J. Park
Steven Donziger, a self-styled social activist and Harvard educated lawyer, signed on to a budding...
Law of the Jungle: Chevron in the Amazon
TeleforumDel Monte and El Paso: Going to Revlon-Land With a Conflicted Financial Advisor
Note from the Editor: This article examines two recent cases in the Delaware Court of...
Allocating Radio Spectrum for the "Mobile Data Tsunami"
Thomas Hazlett
I. A Mobile Data Tsunami? The mobile sector is said to face a looming spectrum...
Thinking About the "Practically Unthinkable": Energy Infrastructure and the Threat of Low-Probability, High-Impact Events
Adam White
The National Environmental Policy Act1 requires federal agencies to ascertain and evaluate the possible environmental...
National Arbitration Forum Settlement with Minnesota Attorney General
Matthew R. Salzwedel, Devona Wells
On July 20, 2009, Minnesota Attorney General Lori Swanson announced that the country’s largest arbitrator...