Partner, Sidley Austin LLP
BRADFORD A. BERENSON is a litigator in the Washington, D.C., office whose practice focuses on the defense of white collar criminal cases, investigations by government agencies and congressional committees, and other civil or constitutional matters that present unusual legal, public relations, or political risks. He has defended criminal cases at every stage of development, from internal investigations and grand jury proceedings through trials, sentencings, and appeals. Mr. Berenson’s practice has included criminal matters in the fraud, environmental, health care, pharmaceutical, and public corruption areas. In addition, Mr. Berenson served as a consultant to Independent Counsel David M. Barrett in the prosecution of former HUD Secretary Henry Cisneros. He has also handled a variety of civil and appellate cases in federal court.
From January 2001 through January 2003, Mr. Berenson served as Associate Counsel to the President of the United States. In the White House, he worked on a wide variety of legal, legislative and policy issues associated with the Bush Administration’s relations with Congress, its justice and domestic policy initiatives, and the war on terrorism. These included judicial selection, responses to congressional oversight and investigations, the USA Patriot Act, the Military Order authorizing the use of military commissions, detainee and anti-terrorism litigation, presidential action against terrorist financing, and the creation of the new Department of Homeland Security.
Mr. Berenson has also provided commentary on legal matters in the mainstream media, publishing articles in the Wall Street Journal, Los Angeles Times and Washington Times and making appearances on news and public affairs programming on ABC, NBC, CBS, PBS, NPR, CNN and Fox News Channel. He was a consultant to ABC News in connection with the departures of Chief Justice Rehnquist and Justice O’Connor from the Supreme Court and the nominations of Chief Justice Roberts, Harriet Miers and Justice Alito.
Mr. Berenson holds a B.A., summa cum laude, from Yale University, and a J.D., magna cum laude, from Harvard Law School, where he was Supreme Court editor of the Harvard Law Review. Following graduation, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the District of Columbia Circuit and Justice Anthony M. Kennedy of the United States Supreme Court.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Adjunct Scholar and Former Director, Project On Criminal Justice, Cato Institute
Tim Lynch is an attorney specializing in criminal law, constitutional law, and civil liberties. He is an adjunct scholar at the Cato Institute and the former director of Cato’s Project on Criminal Justice. His research interests include all aspects of constitutional criminal procedure, overcriminalization, the drug war, and police and prosecutorial misconduct. In 2000, he served on the National Committee to Prevent Wrongful Executions. Lynch also prepares amicus briefs before appellate courts and the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.
Lynch has published a variety of articles in both the law journals and in opinion pieces for the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, and other newspapers. He has appeared on The PBS NewsHour, NBC Nightly News, ABC World News Tonight, and C-SPAN’s Washington Journal. Lynch is a member of the Virginia, District of Columbia, and Supreme Court bars. He earned both a BS and a JD from Marquette University.
Mr. Lynch can be reached via his personal website.
Principal, Ely & Company, Inc.
Bert Ely has specialized in deposit insurance and banking structure issues since 1981. In 1986, he became an early predictor of the S&L crisis and a taxpayer bailout of the FSLIC. In 1991, he was the first person to correctly predict the non-crisis in commercial banking; in 1992, he predicted an eventual taxpayer bailout of the Japanese banking system.
Bert continuously monitors conditions in the banking and S&L industries, monetary policy, and the growing federalization of credit risk. He has helped to draft legislation to enact the cross-guarantee concept for privatizing banking regulation and its related deposit insurance and systemic risks. He has testified on numerous occasions before congressional committees on banking issues and he often speaks on these matters to bankers and others.
Bert first established his consulting practice in 1972. Before that, he was the chief financial officer of a public company, a consultant with Touche, Ross & Company, and an auditor with Ernst & Ernst. He received his MBA from the Harvard Business School in 1968 and his Bachelor's degree in economics in 1964 from Case Western Reserve University.
Managing Director, Promontory Financial Group, LLC
Bill brings an exceptional blend of experience and insights to his work with clients, having been a banker, California’s Commissioner of Financial Institutions, and a member of the Financial Stability Oversight Council. He works with financial institutions on corporate governance and organizational design, compliance program design and implementation, anti-money laundering programs, senior management reviews, and strategic planning.
Bill’s financial services experience spans the corporate sector, the executive branches of both state and federal government, academia, and think tanks. He earned a reputation as an open, fair, and pragmatic regulator during four years as Commissioner of Financial Institutions in California, leading the agency through a period of economic upheaval both in the state and nationwide. His vast knowledge and understanding of the financial system led to his selection as the state banking supervisors’ representative on the Financial Stability Oversight Council, a federal agency created by the Dodd-Frank Act to foster coordination among financial regulators in order to identify systemic risks to the nation’s financial stability.
Before his appointment to state office, Bill was an independent consultant with Promontory while also serving as a visiting professor of economics and finance for the Graduate School of Management at the University of California-Davis. He worked on a wide array of client engagements at Promontory, in areas that included governance, due diligence, compliance, and strategy.
During nine years with Bank of America, Bill was managing director of Banc of America Securities and senior vice president of strategic policy development and planning for the bank. Earlier, he worked for five years as director of policy analysis for Citicorp.
Bill was J. Edward Lundy Scholar and director of the financial markets project at the American Enterprise Institute for Public Policy Research. He served under President Reagan as senior staff economist and special assistant to the chairman of the Council of Economic Advisors.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Regulatory Counsel, Americans for Prosperity Foundation
Mike Pepson is regulatory counsel at Americans for Prosperity Foundation, which frequently files amicus briefs in the U.S. Supreme Court, U.S. Courts of Appeals, and state Supreme Courts, as well as public comments in various federal and state regulatory proceedings. Mike assists AFPF with its efforts involving separation of powers, administrative process, criminal justice reform, tech and innovation, and other issues.
He is also Special Counsel for Administrative Law at Cause of Action Institute, where he has been involved in complex civil and criminal litigation in federal district and appellate courts and administrative litigation before federal agencies in a variety of matters, including agency enforcement actions, statutory and constitutional challenges to federal regulations and agency decisions, and Section 1983 challenges to state statutes.
He received his LL.M. from Columbia Law School, J.D. from The Catholic University of America, Columbus School of Law, and B.A. from Loyola College in Baltimore, Maryland.
Ashe Family Chair Professor of Law, Georgia State University College of Law
Eric J. Segall graduated from Emory University, Phi Beta Kappa and summa cum laude, and from Vanderbilt Law School, where he was the research editor for the Law Review and member of Order of the Coif. He clerked for the Chief Judge Charles Moye Jr. for the Northern District of Georgia, and Albert J. Henderson of the 11th Circuit Court of Appeals. After his clerkships, Segall worked for Gibson, Dunn & Crutcher and the U.S. Department of Justice, before joining the Georgia State faculty in 1991.
Segall teaches federal courts and constitutional law I and II. He is the author of the books Originalism as Faith and Supreme Myths: Why the Supreme Court is not a Court and its Justices are not Judges. His articles on constitutional law have appeared in, among others, the Harvard Law Review Forum, the Stanford Law Review On Line, the UCLA Law Review, the George Washington Law Review, the Washington University Law Review, the University of Pennsylvania Journal of Constitutional Law, the Northwestern University Law Review Colloquy, and Constitutional Commentary among many others.
Segall’s op-eds and essays have appeared in the New York Times, the LA Times, The Atlantic, SLATE, Vox, Salon, and the Daily Beast, among others. He has appeared on CNN, Fox News, MSNBC, and France 24 and all four of Atlanta’s local television stations. He has also appeared on numerous local and national radio shows.
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
The Future of Miranda and the Exclusionary Rule
Michael O'Neill, Vivian Berger, Bradford A. Berenson, William G. Otis, Tim Lynch
Following are remarks from a panel discussion sponsored by the Criminal Law & Procedure Practice...
House Hearing on the Constitutionality of Campaign Finance Reform
Susan Chamberlain
The House Judiciary Committee's Subcommittee on the Constitution held a hearing on the First Amendment...
International Monetary Policy: The Asian Crisis and Beyond
Ian Vasquez, William Lash, Bert Ely, William Haraf
A Panel Presented on November 12, 1998 at the Federalist Society's 1998 Lawyers Convention by...
Tobacco-Free FDA
For 58 of the past 60 years, since Congress passed the 1938 Food, Drug and...
Blame for Ballooning Bankruptcies
Vern McKinley
As a period of historically low unemployment approaches the seventh year of economic expansion, the...
Dragooning State Officials into Federal Service
Roger Pilon
In a century driven by the Progressive-Era view that ever-larger government can solve the manifold...
Misinformation at the Court [The FedSoc Films Podcast]
In this episode of the FedSoc Films Podcast, John Vecchione, senior litigation counsel at the...
Necessary & Proper Episode 92: Can the Federal Government Ban At-Home Distilling?
Thomas Berry, Michael D. Pepson, Eric J. Segall, Theodore Cooperstein
After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995) held two federal statutes...