Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Partner, Jackson Walker
Arthur offers clients a winning combination of trial and appellate experience gained as a federal prosecutor and more than 20 years of experience in handling patent, copyright, trademark, and trade secrets litigation.
While his practice concentrates on intellectual property litigation, Arthur also has significant experience in internal investigations, False Claims Act suits, partnership and breach of fiduciary duty, breach of contract, and employment litigation. Arthur also has represented clients testifying before Congressional committees.
Arthur writes and speaks frequently on topics ranging from the case against Boston bomber Dzhokhar Tsarnaev to patent litigation reform.
Prior to joining Michael Best, Arthur served as an Assistant United States Attorney in the Southern District of New York, where he was the lead prosecutor in criminal trials, including federal intellectual property crimes. He also argued numerous appeals.
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.
Senior Attorney, Sensient Technologies Corporation
Former United States Attorney General
Michael B. Mukasey is the former Attorney General of the United States, the nation’s chief law enforcement officer. As Attorney General from November 2007 to January 2009, he oversaw the U.S. Department of Justice and advised on critical issues of domestic and international law.
From 1988 to 2006, Judge Mukasey served as a district judge in the United States District Court for the Southern District of New York, becoming Chief Judge in 2000.
From 1972 to 1976, Judge Mukasey served as an Assistant United States Attorney for the Southern District of New York, and as Chief of the Official Corruption Unit from 1975 to 1976. His practice consisted of criminal litigation on behalf of the government, including investigation and prosecution of narcotics, bank robbery, interstate theft, securities fraud, fraud on the government and bribery. From 1976 to 1987 and from 2006 to 2007 he was in private practice.
Judge Mukasey has received numerous honors, including the Federal Bar Council’s Learned Hand Medal for Excellence in Federal Jurisprudence. He served as Chairman of the Committee on Public Access to Information and Proceedings of the New York Bar Association from 1984 to 1987. He served on the Federal Courts Committee of the Association of the Bar of the City of New York from 1979 to 1982 and its Communications Law Committee from 1983 to 1986. Judge Mukasey was also a part-time lecturer at Columbia School of Law from January 1993 to May 2007, teaching trial advocacy.
He received his LL.B. from Yale Law School in 1967 and his B.A. from Columbia College in 1963.
Founder & CEO of The Hargan Group
Eric D. Hargan is the Founder and CEO of The Hargan Group, a healthcare consulting firm. Eric previously served as the Deputy Secretary of the Department of Health and Human Services (HHS) from 2017 to 2021; he also served as Acting Secretary for several months in 2017-2018. HHS is the largest department in the federal government and has an annual budget of more than $1.3 trillion and over 80,000 employees across 26 divisions. As Deputy Secretary, he oversaw the development and approval of all HHS, CMS and FDA regulations and significant guidances, as well as the day-to-day operations and management of the department, and he led policy and strategy development. From 2003 to 2007, Mr. Hargan also served at HHS in a variety of capacities, including holding the position of Acting Deputy Secretary.
Secretary, Galen Institute
John Hoff, founding board member of the Galen Institute, has a unique background that combines both health care policy and legal expertise. He served as the Health Attaché of the United States Mission to the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the U.S. Mission to the Organization for Economic Cooperation and Development (OECD) from 2005-2009. While stationed in Paris, Mr. Hoff represented the U.S. Government on a broad range of issues of health and science policy on the international level, including intellectual property rights, health information technology, medical innovation, and comparative health systems data.
Prior to his work with UNESCO and the OECD, Mr. Hoff served as a Deputy Assistant Secretary for Planning and Evaluation at the U.S. Department of Health and Human Services. He was in charge of the Office of Disability, Aging, and Long Term Care Policy. He led the Office’s research on these issues, and also worked on additional policy initiatives such as reform of the medical malpractice litigation system, improvements in patient safety, and reform of the health care financing system.
Before joining the Government, Mr. Hoff practiced law for more than 30 years, specializing in health law and policy. He has published a number of articles and drafted legislation on health care issues, including the first bill introduced in Congress for market-based health care reform.
Mr. Hoff received his B.A. and LL.B. degrees from Harvard University. He is a member of the Bar of the District of Columbia and of the Supreme Court of the United States.
Raoul Berger Professor of Legal History at Northwestern University School of Law
Stephen Presser is a leading American legal historian and expert on shareholder liability for corporate debts. He is frequently an invited witness before committees of the U.S. Senate and House of Representatives on issues of constitutional law. He holds a joint appointment with the J. L. Kellogg Graduate School of Management and also teaches in Northwestern's history department.
Author and FoxNews.com Contributor
John R. Lott, Jr. is an economist who has held research and/or teaching positions at the University of Chicago, Yale University, Stanford, UCLA, Wharton, and Rice and was the chief economist at the United States Sentencing Commission during 1988 and 1989. He has published over 100 articles in academic journals. He also is the author of six books including More Guns, Less Crime, Freedomnomics, The Bias Against Guns, and Are Predatory Commitments Credible? He has just released another book entitled "Debacle: Obama's war on jobs and growth and what we can do now to regain our future." Lott is a FoxNews.com contributor and a weekly columnist for them. Opinion pieces by Prof. Lott have appeared in such places as The Wall Street Journal, The New York Times, The Los Angeles Times, the New York Post, USA Today, and The Chicago Tribune. He has appeared on such television programs as the ABC and NBC National Evening News broadcasts, Fox News, "The NewsHour with Jim Lehrer," and the "Today Show." He received his Ph.D. in economics from UCLA in 1984.
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Charles J. Cooper, Vincent J. Colatriano
Note from the Editor: This paper analyzes constitutional challenges to Section 18 of the recently...
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Note from the Editor: This paper examines the largely unexplored subject of the different approaches...
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Arthur Gollwitzer
More than a decade ago, the United States District Court for the Northern District of...
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Julius L. Loeser
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Note from the Editor: This paper assesses the Department of Justice’s authority under the Foreign...