Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
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
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Environmental Law Attorney, DLA Piper
Garrett Kral is an attorney in DLA Piper’s Washington, DC, office, and a member of the Regulatory and Government Affairs Practice Group. His practice includes regulatory counseling, enforcement defense, and complex civil litigation on matters arising under major federal environmental statutes.
Garrett builds on a strong background in environmental science, a familiarity with technical processes involved in industrial operations, and valuable insights gained by serving in each branch of the federal government. With this experience, he advances the business objectives of Fortune 500 companies while limiting exposure and risk. Garrett is regarded as a strategic advisor to such clients on matters of environmental law and policy.
Professor Emeritus of Political Science and Professor Emeritus of Public Policy, Univ. of Maryland Baltimore County
George R. La Noue is Professor Emeritus of Political Science and Professor Emeritus of Public Policy at the University of Maryland Baltimore County. He has served as a trial expert in twenty cases involving public procurement preferences. For thirty years, he was Director of the Project on Civil Rights and Public Contracts at UMBC which recently contributed 289 public contracting disparity studies to the Library of Congress. He has been a consultant to nine governments and trial expert in thirty cases where the validity of disparity studies was at issue.
Prof. La Noue can be reached by email at glanoue@umbc.edu.
Senior Attorney, Institute for Justice
Sam Gedge is a senior attorney at the Institute for Justice. He joined IJ in June 2015 and litigates cases to promote economic liberty, protect political speech, and secure individuals’ rights to private property.
In 2017, Sam was named IJ’s second Elfie Gallun Fellow for Freedom and the Constitution. The fellowship comes with an emphasis on publishing written materials and speaking to students and others about the vital role the U.S. Constitution plays in protecting our most precious freedoms.
In his time at IJ, Sam has launched cases battling civil forfeiture and overzealous licensing boards, which generated widespread coverage and conversation in media outlets from Wired and The Atlantic to London’s Daily Mail.
Before joining IJ, Sam was an attorney at Wiley Rein LLP, in Washington, D.C., where he focused on litigation and election law. He is a former law clerk to Judge Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit.
Sam received his law degree cum laude from Harvard Law School in 2010.
Attorney, Institute for Justice
John Wrench is a Constitutional Law Fellow at the Institute for Justice.
John grew up outside of Ithaca, New York, and received his law degree from the Case Western Reserve University School of Law in 2019. During law school, he served as editor in chief of the Case Western Reserve Journal of International Law and was a member of the Federalist Society. John interned in his law school’s First Amendment Litigation Clinic and was a judicial extern to the Honorable Paul E. Davison in the Southern District of New York. John graduated from Pace University in 2015 with a Bachelor of Arts in Philosophy and Religious Studies.
Clinical Professor of Law, Dale E. Fowler School of Law, Chapman 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.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law
Martin H. Redish, the Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern University School of Law, teaches and writes on the subjects of federal jurisdiction, civil procedure, freedom of expression and constitutional law. In addition, he is Senior Counsel to the law firm of Sidley Austin LLP.
Professor Redish received his AB with highest honors in political science from the University of Pennsylvania and his JD magna cum laude from Harvard Law School.
Described in a review of his book, The Federal Courts in the Political Order, as "without a doubt the foremost scholar on issues of federal court jurisdiction in this generation," Professor Redish is the author or co-author of more than 80 articles and 15 books. Professor Redish's book entitled, The Logic of Persecution: Free Expression and the McCarthy Era, was published by Stanford University Press in the summer of 2005. His book entitled Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit, was published by Stanford University Press in 2009. Professor Redish was recently listed in a study conducted by William S. Hein & Company as the sixteenth most cited legal scholar of all time. He has also been consistently recognized by the Institute for Scientific Information for being among the most highly cited researchers worldwide. As a visiting professor at the University of Michigan Law School he won the L. Hart Wright Outstanding Teacher Award. He has also won the Robert Childress Memorial Award for Teaching Excellence, the Dean's Teaching Award, the First Year Course Professor Award, and the Student Bar Association Faculty Appreciation Award at Northwestern.
Professor Redish has appeared as an expert witness before numerous congressional committees. In addition, he has made frequent appearances in the national media, including the Today Show, ABC and NBC National News, CNN, Court TV, CSPAN and National Public Radio.
Staff Attorney, National Right To Work Legal Defense Foundation
Glenn Taubman is a Staff Attorney for the National Right to Work Legal Defense and Education Foundation (1982 to the present). He was a Law Clerk for Senior Circuit Judge Warren L. Jones, U.S. Court of Appeals for the Fifth and Eleventh Circuits, Jacksonville, Florida, from 1981-82, and a Staff Attorney for the U.S. District Court, Middle District of Florida, Jacksonville, Florida, from 1980-81. His Bar Admissions include: Georgia, 1980; New York, 1981; U.S. Supreme Court, 1983; District of Columbia, 1985. He regularly appears before the National Labor Relations Board and various federal courts, representing individual employees only.
He is the author of "'Neutrality Agreements' and the Destruction of Employees' Section 7 Rights" (2005) and co-author of "Union Discipline and Employee Rights," a monograph published by the National Right to Work Foundation.
A partial listing of his reported cases includes: Lucas v. NLRB, 333 F.3d 927 (9th Cir. 2003);Penrod v. NLRB, 203 F.3d 41 (D.C. Cir. 2000);Production Workers v. NLRB, 161 F.3d 1047 (7th Cir. 1998);Food & Commercial Workers Local 951 v. Mulder, 31 F.3d 365 (6th Cir. 1994);NLRB v. Office Employees Local 2, 902 F.2d 1164 (4th Cir. 1990);Tierney v. City of Toledo, 917 F.2d 927 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 902 F.2d 422 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 854 F.2d 131 (6th Cir. 1988);Tierney v. City of Toledo, 824 F.2d 1497 (6th Cir. 1987);Masiello v. US Airways, Inc., 113 F. Supp. 2d 870 (W.D.N.C. 2000);Jordan v. City of Bucyrus, 739 F. Supp. 1124 (1990),further proceedings, 754 F. Supp. 554 (N.D. Ohio 1991);Dana Corp., 341 N.L.R.B. No. 150, 2004 WL 1329345 (June 7, 2004);California Saw & Knife Works, 320 N.L.R.B. 224 (1995),enforced, 133 F.3d 1012 (7th Cir. 1998).
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Environmental Law in the Supreme Court: Highlights from the October 2020 Term
Garrett Kral
The Supreme Court decided nine important environmental law cases during its October 2020 term. This...
The Race Card in ARPA’s Food Supply Deck
George R. La Noue
It is an old aphorism that a prudent person should not watch the making of...
Horror at Tiger King Park: The Endangered Species Act Successes and Excesses
Georgetown Student Chapter
Washington, DCOpen Questions in Lieu v. Federal Election Commission: Due Process, Adverseness, & Article III Standing
Sam Gedge, John Wrench
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
California’s SCA 5 and Racial Preferences in Education
Anthony (Tom) Caso
Note from the Editor: This article is about racial preferences in education, specifically in the...
Developments at the Consumer Financial Protection Bureau November 17, 2014 – December 9, 2014
Julius L. Loeser
Developments at the Consumer Financial Protection Bureau November 17, 2014 – December 9, 2014 Julius...
Sackett v. Environmental Protection Agency: Compliance Orders and the Right of Judicial Review
Damien Michael Schiff
The United States Supreme Court’s decision in Sackett v. Environmental Protection Agency1 promises to be important...
Pleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure
Martin Redish
Note from the Editor: In December 2010, the Federalist Society heard from a number of...
The NLRB vs. Boeing: Can Unionized Employers Expand into Right to Work States?
Glenn Taubman
Brought to you by the Labor & Employment Law Practice Group The Federalist Society takes no position on...