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.
Assistant Professor of Law, Capital University Law School
Nathaniel M. Fouch is an Assistant Professor of Law at Capital University Law School in Columbus, Ohio. He previously clerked at every level of the state judiciary, including for Justice Pat DeWine of the Ohio Supreme Court. Professor Fouch was the founding president of both the Dayton Lawyers Chapter of the Federalist Society and the Dayton Catholic Lawyers Guild. He earned his B.A. from Berea College and his J.D. cum laude from the University of St. Thomas School of Law. His work on the Ohio Constitution and state constitutionalism has been cited by the Ohio Supreme Court. Professor Fouch lives in Dayton, Ohio, with his wife, Theresa, and their three young children.
Erin Gaide is an Assistant Attorney General in the Kansas Office of the Attorney General, where she is a member of the Special Litigation & Constitutional Issues Division. Before beginning with the Kansas Attorney General, Erin clerked for the Honorable Allison H. Eid of the U.S. Court of Appeals for the Tenth Circuit.
Erin earned her J.D., magna cum laude, from the College of Law William & Mary, where she was elected to the Order of the Coif. She earned her B.A., cum laude, in International Studies from the Ohio State University.
Director, Center for Judicial Engagement, Institute for Justice
Anthony Sanders is the Director of the Center for Judicial Engagement (CJE) at the Institute for Justice and a senior attorney. He joined IJ in 2010. As CJE’s director, he educates the public about the proper role of judges in enforcing constitutional limits on the size and scope of government. As a senior attorney he litigates cutting-edge constitutional cases protecting economic liberty, private property, freedom of speech and other individual liberties in both federal and state courts across the country.
One area of Anthony’s expertise is on using state constitutions to protect individual rights. He is the author of the book, published by University of Michigan Press, Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters. He has also written several law review articles on state constitutional law, unenumerated rights, judicial review, economic liberty, property rights, international law, and other subjects. His work has appeared in publications such as the Iowa Law Review, Minnesota Law Review, American University Law Review, and Rutgers Law Review, and he has published opinion pieces in leading media outlets across the country. Further, he frequently speaks to various audiences on these matters and others, including judicial engagement, free speech, civil forfeiture, and the continuing importance of Magna Carta. Additionally, he hosts the weekly Short Circuit podcast, which often records live in front of law student audiences.
Anthony has litigated several cases in various state courts on state constitutional protections, as well as in federal courts on matters such as economic liberty, free speech, administrative law, and fines and fees abuse. Prior to joining IJ, Anthony served as a law clerk to Justice W. William Leaphart on the Montana Supreme Court. Anthony also worked for several years in private practice in Chicago where he was an active member of the Chicago Bar Association and chaired its Civil Rights Committee.
Anthony received his law degree cum laude from the University of Minnesota Law School in 2004, where he served as an articles submission editor for the Minnesota Law Review. He received his undergraduate degree from Hamline University in St. Paul, Minnesota, and his master’s degree from the University of Wisconsin-Madison. A dual U.S. and U.K. citizen, Anthony grew up on the islands of Vashon in Washington State, and Alderney in the British Channel Islands.
Litigation Fellow, Pacific Legal Foundation
Nick Clifford is a litigation fellow at Pacific Legal Foundation. He is a graduate of Indiana University Maurer School of Law.
Partner, Cooper & Kirk PLLC
BRIAN W. BARNES has litigated high-stakes cases at all levels of the federal court system and has also argued numerous cases in state trial and appellate courts. He was the principal author of the briefs for the petitioners in Collins v Mnuchin, a multi-billion-dollar administrative law case challenging the nationalization of Fannie Mae and Freddie Mac, which is currently pending in the United States Supreme Court. In related litigation, Mr. Barnes deposed several of the current and former senior executives for Fannie Mae and Freddie Mac, including both companies’ former CEOs. Mr. Barnes also played a central role representing shareholders in disputes over the scope of the government’s discovery obligations in the Fannie Mae/Freddie Mac litigation, successfully persuading the Court of Federal Claims to order the government to show plaintiffs’ counsel most of the documents the government attempted to withhold under the deliberative process and bank examination privileges.
Mr. Barnes also has extensive experience representing plaintiffs in suits filed under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). He briefed and argued St. Luke’s Health Network v. Lancaster General Hospital, 967 F.3d 295 (3d Cir. 2020), in which the Third Circuit reversed dismissal of RICO claims filed as part of a putative class action against a hospital that allegedly defrauded a Pennsylvania program that subsidizes care for indigent patients. Mr. Barnes also helped pioneer the use of RICO to sue state-legalized marijuana businesses: he filed the first such case, successfully argued the case on appeal after it was dismissed, and later helped try the case to a jury on remand. See Safe Streets Alliance v. Hickenlooper, 859 F.3d 865 (10th Cir. 2017).
Mr. Barnes has also worked on a wide range of other matters. He has briefed and argued cases concerning state preemption of local gun regulations in the trial and intermediate appellate courts of Illinois and Pennsylvania. In litigation over the Department of Education’s Title IX regulations, Mr. Barnes represents intervenors who are defending the regulations. And he has an active practice advising institutional investors on the probable outcomes of market-moving litigation in both state and federal courts.
Mr. Barnes clerked for Justice Samuel Alito during the Supreme Court’s 2012 Term and was previously a law clerk to Judge Thomas Griffith of the D.C. Circuit. He is a graduate of Yale Law School, where he was an Articles Editor for the Yale Law Journal and a member of the Yale Supreme Court Clinic. Mr. Barnes received his B.A. from Yale College and is a member of the Colorado and District of Columbia bars.
Partner, Sidley Austin LLP
HARDY CALLCOTT’s practice concentrates on enforcement defense and regulatory counseling concerning securities market and regulatory issues for broker-dealers, investment advisers, mutual funds, and others in the financial services industry. He provides securities enforcement defense before the SEC, Department of Justice, FINRA and other SRO and state regulators for members of financial services industry, public companies and officers and directors. He also conducts internal investigations.
Prior to Sidley, Hardy was senior vice president and general counsel with Charles Schwab & Co. Inc. He also served in the General Counsel’s Office of the SEC as assistant general counsel for Market Regulation (now Trading and Markets), and taught in the Securities LLM program at Georgetown University Law Center. After law school, Hardy clerked for the Hon. Mariana Pfaelzer in the U.S. District Court for the Central District of California.
Former Managing Director, BlackRock Inc.
Joanne Medero was until July 2020 a Managing Director at BlackRock where she was member of their Global Public Policy Group and a Senior Advisor to the Vice Chairman on the intersection of public policy and corporate governance. In June 2021, Ms. Medero was appointed a director/trustee of the Nuveen Funds.
Ms. Medero's service with BlackRock dates back to 1996, including her years with Barclays Global Investors (BGI), which merged with BlackRock in 2009. She joined BGI as its Global General Counsel in 1996 and after more than ten years in that role, became the global head of Government Relations and Public Policy for Barclays’ investment banking and investment management businesses. Prior to joining BGI, Ms. Medero was a partner with Orrick, Herrington and Sutcliffe specializing in derivatives and market regulation issues. Ms. Medero also served as general counsel of the Commodity Futures Trading Commission (1989-1993) and as an associate director for legal and financial affairs at the Office of Presidential Personnel, The White House (1986-1989).
Ms. Medero is a graduate of St. Lawrence University and received her JD from George Washington University.
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