Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Partner, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Partner, Hollingsworth LLP, Washington, DC.
Mr. Lasker litigates a wide variety of complex civil matters, with a current focus on toxic torts, environmental litigation, Alien Tort Statute litigation, and pharmaceutical products liability. Mr. Lasker has also represented clients in a variety of civil and criminal government investigation-related matters involving bank regulatory compliance, False Claims Act claims, and alleged price fixing, and he served as lead counsel in successfully defending a foreign client against a Foreign Corrupt Practices claim in a jury trial that was featured in the Legal Times. He represents clients in jury and bench trials, before arbitral panels and administrative courts, and both at trial and on appeal.
Mr. Lasker has significant experience defending against all matter of legal claims involving FDA- and EPA-regulated products and alleged toxins and environmental contaminants. He has represented clients in pharmaceutical products liability claims involving antipsychotic medications, obstetrical drugs, antifungals, antiepileptics, and cough/cold medicines, and in toxics/environmental matters involving herbicides, asbestos, lead paint, nonionizing radiation, and chemical solvents. He has represented clients in matters arising both in the United States and abroad, and in matters arising under both domestic and international law. Mr. Lasker's practice also includes matters involving sensitive national security issues, and he has represented his clients’ interests in meetings with both U.S. and foreign government officials. He has extensive expertise in developing and implementing sophisticated medical causation and science-based defenses, and he has successfully litigated issues involving Daubert, the federal preemption defense, and natural resource damages claims. He also assists clients in due diligence investigations as relates to environmental and toxics liabilities and through amicus briefing on key legal issues.
Mr. Lasker played a prominent role in helping to establish asbestos defendants’ rights to insurance non-products coverage through a successful amicus effort that secured one of the seminal judicial opinions recognizing the existence of such coverage, litigation efforts resulting in securing several hundreds of millions of dollars in asbestos non-products insurance recoveries, and oral presentations and publications on issues involving non-products coverage. He has also defended personal injury claims in asbestos litigation, advancing medical causation defenses as the asbestos litigation has extended to tertiary and even more remotely-situated corporate defendants.
Mr. Lasker is frequently requested to speak and publish on issues of interest to his clients, and he has been interviewed on such topics in numerous fora, including the AMA's American Medical News, Bloomberg News, the National Law Journal, and thePhiladelphia Inquirer. Mr. Lasker serves on the Board of Editors of LJN's Product Liability Law & Strategy newsletter and he is the Chair of the Toxics & Hazardous Substances Committee of the International Association of Defense Counsel (IADC), an invitation-only professional association for corporate and insurance defense attorneys around the world. He also serves as a member of the Defense Research Institute (DRI).
Partner, Hollingsworth LLP, Washington, DC.
Ms. Womeldorf joined the Hollingsworth LLP following clerkships with the Honorable Lewis F. Powell, Jr. and the Honorable Anthony M. Kennedy of the United States Supreme Court. She previously served as a law clerk to the Honorable Robert R. Merhige, Jr. of the United States District Court for the Eastern District of Virginia.
Ms. Womeldorf concentrates her practice on complex civil litigation. She has substantial experience in the defense of high-stakes mass torts, including serving as a member of the defense steering committee in the substantial welding fume Multidistrict Litigation (“MDL”) pending in Cleveland. She also represents pharmaceutical manufacturers in the defense of personal injury claims involving prescription drugs.
Ms. Womeldorf counsels clients on a wide range of issues designed to minimize potential liability, including issues related to workplace practices, Sunshine in Litigation legislation and class action treatment of medical monitoring claims. She is a member of the Sedona Conference Working Group on Protective Orders, Confidentiality and Public Access, and she actively participates with Lawyers for Civil Justice (“LCJ”). Her practice extends into general complex commercial litigation and employment law issues, and she previously served as counsel in the Office of the Senate Chief Counsel for Employment of the United States Senate.
Ms. Womeldorf participates in the Georgetown University Law Center’s Supreme Court Institute, which conducts moot courts for approximately 50 percent of the cases argued before the United States Supreme Court in any given term. She served as Lead Articles Editor for the Washington & Lee Law Review, and is a member of the Defense Research Institute (DRI).
Ms. Womeldorf is recognized in the Washington, DC edition of Super Lawyers for 2013 as she was in 2012.
*Russell W. Hasan is a New York attorney. He is a graduate of Vassar College and an Honors graduate of the University of Connecticut School of Law. He writes for Liberty Magazine and also maintains a website of libertarian informationalresources. He welcomes emails at [email protected] and he tweets at@RussHasan
Partner, King & Spalding
Drew Hruska focuses on criminal and regulatory litigation and investigations, internal investigations, regulatory compliance and risk advice. A partner in our Special Matters and Investigations practice, Drew represents major financial services and industrial companies, family offices and prominent individuals.
Drew represents a variety of financial services clients, including securities, commercial banking, insurance, insurance brokerage, hedge funds and private equity funds, along with major industrial companies, concerning enforcement and national security investigations by government agencies, including the U.S. Department of Justice, OFAC, SEC, state attorneys general, and many others. Matters under investigation typically involve fraud, money laundering, international sanctions, foreign corrupt practices, banking regulation, false claims, taxation, data privacy and security, antitrust and immigration restrictions.
In addition, Drew consults with numerous multinational companies on a range of criminal, regulatory compliance, and risk issues. Drew speaks Russian and is frequently engaged on financial enforcement issues involving Russia and Eastern Europe. He has also served in independent roles a Monitor appointed by an international organization, an independent legal advisor for the Federal Reserve and Office of the Controller of the Currency, and as a court-appointed Examiner in bankruptcy.
Before joining our firm, Drew served as the Chief Assistant U.S. Attorney for the Eastern District of New York, where he supervised the criminal and civil divisions. He also oversaw the office’s corporate fraud offensive, including investigations of Computer Associates and Symbol Technologies. Drew served as Acting U.S. Attorney for the prosecution of the New York Racing Association on tax conspiracy charges. He also led the criminal investigation of the Staten Island Ferry crash of October 15, 2003, that resulted in a manslaughter conviction for New York City’s Ferry Service Director.
Previously, Drew served as Senior Counsel to U.S. Deputy Attorney General Larry Thompson, and as an Assistant District Attorney in the Manhattan District Attorney’s Office, where he prosecuted major securities, bank and insurance fraud cases as a member of the Frauds Bureau.
Drew is recognized by Chambers, Benchmark Litigation, Legal 500, and Who’s Who Legal. He serves on the World Jewish Congress President’s Security Advisory Committee and on the Dewey Medal Prize Committee for the New York City District Attorneys’ Offices.
Solicitor General, Montana Attorney General's Office
Christian is currently Solicitor General of Montana, where he serves as the chief litigator and principal legal advisor to Montana Attorney General Austin Knudsen. In that capacity, he manages litigation before the federal district courts, courts of appeal, and the United States Supreme Court, as well as the Montana Supreme Court. He previously served in the Trump Administration as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education. Prior to government service, he was a public interest constitutional litigator at Mountain States Legal Foundation and a fellow at the Institute for Justice. He clerked for Justice Caleb Stegall on the Kansas Supreme Court. He also served as Director of Publications for the Federalist Society's national headquarters.
Christian earned his B.A. in Political Science in 2009 from the University of Pennsylvania before attending the University of Kansas School of Law. Christian is admitted to practice law in Kansas and Montana. A Kansas native, he is a die-hard fan of the Kansas Jayhawks, Kansas City Chiefs, and Kansas City Royals.
Christian is a member of the Federalism & Separation of Powers Practice Group's Executive Committee.
Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, Mayer Brown LLP
Andrew Pincus is a partner in Mayer Brown LLP resident in Washington, D.C. His practice focuses on Supreme Court and appellate litigation.
Andy has argued 29 cases in the Supreme Court of the United States, including Lamps Plus, Inc. v. Varela and Frank v. Gaos in the October 2018 Term; as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy’s victory in AT&T Mobility v. Concepcion (2011), as the most important Supreme Court class action decision of the last 15 years.
Andy appears regularly before federal and state appellate courts and federal district courts. His practice also includes written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues.
A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.
While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.
Andy is a graduate of Yale College and Columbia Law School, where he was a Notes & Comments Editor of the Columbia Law Review. He served as Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982).
Professor of Law, University of Georgia School of Law
Peter B. "Bo" Rutledge is a full professor whose teaching and research interests include international dispute resolution, arbitration, international business transactions and the Supreme Court.
He is the author of the forthcoming book Arbitration and the Constitution and co-author with Gary Born of the book International Civil Litigation in the United States. His works have been published by Yale University Press, Oxford University Press and Cambridge University Press, and his articles have appeared in a diverse array of journals such as the University of Chicago Law Review, the Vanderbilt Law Review and the Journal of International Arbitration. He also regularly advises parties on matters of international dispute resolution (litigation and arbitration).
In 2008, the Supreme Court appointed Rutledge to brief and argue the case of Irizarry v. United States as amicus curiae in defense of the judgment below. He subsequently won the case, joining the ranks of a select few advocates who have successfully defended a judgment below when the government refused to do so. A former law clerk at the U.S. Supreme Court for Justice Clarence Thomas and the U.S. Court of Appeals for the 4th Circuit for Chief Judge J. Harvie Wilkinson III, Rutledge regularly files briefs and advises lawyers in matters before the Supreme Court and lower courts.
Given his interest in international dispute resolution, Rutledge has taught and spoken at numerous foreign universities. In 2010-11, he was a Fulbright Professor at the Institut für Zivilverfahrensrecht at the University of Vienna Law School. Foreign universities where Rutledge has been invited to speak include Oxford University, Cambridge University, the University of Mainz, Jagellonian University, Stockholm University and the University of Oslo.
An accomplished teacher, he has received teaching awards in the majority of his years in the legal academy, including most recently the 2009 John C. O'Byrne Award for Furthering Faculty-Student Relations.
In addition to his academic and legal work, Rutledge remains active in professional circles. He regularly advises parties on matters of international dispute resolution and has served as an expert in both litigation and arbitration. He is a listed arbitrator with the London Court of International Arbitration and the Vienna International Arbitral Center. He has testified on several occasions before Congress on pending arbitration legislation, has regularly spoken to broadcast and print media, and has given speeches to a range of professional audiences on matters such as international dispute resolution, arbitration and the Supreme Court. He currently serves as part of the American Arbitration Association's delegation to the UNCITRAL Working Group on Arbitration and is a member of the Academic Council of the Institute for Transnational Arbitration.
Before entering the teaching academy, Rutledge practiced at Wilmer Cutler & Pickering (now Wilmer Cutler Pickering Hale and Dorr), where his practice included international dispute resolution and Supreme Court matters, and at Freshfields Bruckhaus Deringer, where his practice concentrated on international arbitration.
He holds a B.A. magna cum laude from Harvard University, an M.Litt. in Applied Ethics from the University of Aberdeen (Scotland) and a J.D. with high honors from the University of Chicago, where he served as executive editor of The University of Chicago Law Review and was inducted into the Order of the Coif.
Supervising Deputy Attorney General, California Department of Justice.
Ward Campbell is the Supervising Deputy Attorney General and Sacramento Capital Case Coordinator, as well as the Supervising Deputy Attorney General, at the California Department of Justice.
Mr. Campbell is the recipient of the Attorney General’s Awards for Excellence (1999 and 2006), the William James Award for Distinguished Service from the California District Attorneys Association (2003), the Appellate Award for Outstanding Advocacy in Capital Cases (2005) and the William Schafer Award for Distinguished Service (2011).
Mr. Campbell received his law degree from the University of California at Davis.
United States Supreme Court Update: A Review of the 2012-2013 Term
Austin, TexasThe Court Decides: Property Rights and Koontz v. St. Johns River Water Management District
TeleforumKoontz v. St. John’s River Water Management District - Post-Decision SCOTUScast
Richard A. Epstein
On June 25, 2013, the Supreme Court announced its decision in Koontz v. St. John’s...
Net Neutrality vs. Net Reality: Why an Evidence-Based Approach to Enforcement, And Not More Regulation, Could Protect Innovation on the Web
Maureen K. Ohlhausen
Related Links: Senate Committee on Commerce, Science, and Transportation, Hearing on “Network Neutrality” (testimony of...
Preemption of Punitive Damages in Prescription Drug Litigation
Eric Lasker, Rebecca A. Womeldorf
Over the past 16 years, the United States Supreme Court has repeatedly addressed the question...
Winning the Copyright War: Copyright’s Merger Doctrine and Natural Rights Theory as Solutions to the Problem of Reconciling Copyright and Free Speech
Russell Hasan
I. Introduction A. Overview Concerns that the enforcement of copyright law might conflict with First...
International Criminal Discovery
Andrew C. Hruska
I. Introduction While money moves at the speed of light across national boundaries, law enforcement...
Supreme Court Update: June 20 Decisions - Podcast
Christian Corrigan, Erik S. Jaffe, Andrew J. Pincus
On June 20, the U.S. Supreme Court handed down two important decisions that are covered...
Oxford Health Plans v. Sutter - Post-Decision SCOTUScast
Peter B. Rutledge
On June 10, 2013, The Supreme Court announced its decision in Oxford Health Plans LLC...
Trevino v. Thaler and McQuiggin v. Perkins - Post-Decision SCOTUScast
Ward Campbell
On May 28, 2013, the Supreme Court announced its decision in Trevino v. Thaler and McQuiggin v. Perkins....