Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
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.
David Scott has a Ph.D. in political science from Northwestern University and has taught American government courses at a number of Illinois colleges and universities. In retirement he was the president of the Illinois State Historical Society and attended Federalist Society meetings in St. Louis.
Lecturer in Law, University of Chicago Law School
Robert Gasaway is a Lecturer in Law at the University of Chicago Law School. He was formerly a Partner at Kirkland & Ellis LLP in their Washington office. He has represented and advised corporate clients on a wide variety of matters before federal courts, state courts, federal administrative agencies, and federal and state legislative bodies. Mr. Gasaway focuses his practice on appellate litigation, representing clients in the preparation of integrated, multiforum trial and appellate strategies in high-risk sets of related cases.
Director of Legal Affairs, Center for Political Studies
Jacob Mchangama is director of legal affairs at the Center for Political Studies, a think tank based in Copenhagen, where he focuses on advocacy and academic research in the fields of human rights with a specific focus on freedom of expression. He is also an external lecturer in international human rights law at the University of Copenhagen. He has published numerous articles in academic journals as well as in international newspapers such as Wall Street Journal Europe, Globe and Mail, National Review, Reason, The Australian, South China Morning Post, Jerusalem Post, Hürriet Daily News, Voice of Russia, China Post, and Daily News (Egypt). His work has been mentioned in international media including the Economist, Courrier International and CBS.com. He is a frequent commentator for Danish TV and radio. In 2010 he was voted the most influential Danish public intellectual under the age of 40 by Danish newspaper Politiken.
Partner, Graves Garrett Greim LLC
Edward “Eddie” Greim focuses his practice on complex commercial litigation, free speech and election law, and internal investigations and whistleblower claims. He has been recognized for his successful representation of businesses and individuals in commercial litigation while also being named a “go-to” lawyer on policy and constitutional issues.
Eddie was named a Constitutional and Election Law Trailblazer by the National Law Journal in 2020. His free speech and election law practice has included numerous constitutional challenges to election and campaign finance laws; representation of clients in state and federal ethics and campaign finance enforcement actions and investigations; initiative petition drafting and litigation; litigation and advice regarding First Amendment protections for petition circulation; representation of not-for-profit clients before state regulators; litigation of state and federal redistricting issues; and advice on campaign and election law compliance.
Eddie complements his trial work in complex, high-profile commercial and constitutional cases with oral advocacy and briefing in important appeals. Recognized as a Missouri Lawyers Media POWER 30 Appellate Attorney in 2021, he has argued before the Missouri and Kansas supreme courts multiple times, other state appellate courts across the country, and before the Sixth, Seventh, Eighth, and Tenth U.S. Courts of Appeals.
Eddie’s notable work for clients includes:
Recovering substantial compensation and injunctive relief for plaintiffs, in complex multiyear litigation, as lead counsel in the first and only nationwide class action certified against the Internal Revenue Service for violating taxpayer protection statutes when it targeted hundreds of groups based on their political viewpoints.
Successful First Amendment challenge to Missouri’s 2016 campaign finance restrictions.
Successful challenge to a vast, multiyear, secret criminal investigation into Wisconsin political groups and nonprofits, and follow-up challenge to expose role of state ethics board which secretly aided the investigation and was later dissolved by the legislature.
U.S. Supreme Court amicus brief for the National Republican Redistricting Trust in the 2019 Rucho litigation, and federal and state redistricting litigation and advice since 2011.
Challenges under the First Amendment in federal court, and in briefing to the Michigan Supreme Court on state constitutional grounds, to unprecedented emergency powers claimed by Michigan Governor in 2020.
Representation of numerous public officials and private citizens who are subject to “lawfare” attacks based on their political viewpoints or policy objectives.
Oversight of multiple internal investigations.
Eddie received his law degree from Harvard Law School in 2002, where he taught on the Board of Student Advisers, received the Dean’s Award for Leadership, and served as President of the Harvard Catholic Law Students Association. He received two bachelor’s degrees, summa cum laude, in economics and political science from the University of Missouri.
A native of Excelsior Springs, Missouri, Eddie lives in Kansas City with his family. He enjoys Missouri and military history. On many weekends, he can be found with his wife and daughters exploring sites of local interest. He enjoys reading and debating and has given presentations or organized discussions at numerous gatherings, formal and informal, of professional and personal interest.
Philadelphia Tort Litigation: Forum Shopping and Venue Reform
Mark A. Behrens
The Federalist Society takes no position on particular legal or public policy initiatives. Any expressions...
Philadelphia Tort Litigation: Forum Shopping and Venue Reform
Mark A. Behrens
The Federalist Society takes no position on particular legal or public policy initiatives. Any expressions...
Long Division: Redistricting in Pennsylvania
School Discipline and Disparate Impact
John R. Martin
Note from the Editor: This paper analyzes the U.S. Department of Education’s proposed use of...
Local Patent Rules - Certainty and Efficiency or a Crazy Quilt of Substantive Law?
Arthur Gollwitzer
More than a decade ago, the United States District Court for the Northern District of...
The Ohio Constitution of 1803, Jefferson's Danbury Letter, and Religion in Education
David W. Scott
That all men have a natural and indefeasible right to worship Almighty God according to...
The Upside-Down Constitution by Michael S. Greve
Robert R. Gasaway
“I must study politics and war, that my sons may have liberty to study mathematics...
The European Court of Human Rights - A European Constitutional Court?
Jacob Mchangama
Legal discussions of constitutionalism will typically focus on national developments and differences between various national...
A Retrospective on the 1921 Constitution of the Democratic Republic of Georgia
INTRODUCTION Establishing a strong system of constitutionalism is crucial for the development of modern statehood...
Montana Takes on Citizens United
Justin Whitworth, Edward D. Greim
From the Montana Supreme Court comes a potential challenge to the United States Supreme Court’s...