Partner, Horvitz & Levy LLP
Jeremy Rosen is nationally renowned for his proficiency in numerous issues arising under the First Amendment and California’s anti-SLAPP law. Using that knowledge, Jeremy has helped a wide variety of clients – including churches, private businesses, and individuals – defeat lawsuits that seek to impose liability on clients for exercising their rights of petition, free speech, and free exercise of religion. He has also handled hundreds of appeals in numerous appellate courts, including the Ninth Circuit Court of Appeals, the California Supreme Court, and California’s intermediate appellate courts. In addition to First Amendment and anti-SLAPP cases, his cases have involved numerous important issues regarding anti-trust, class actions, wage and hour law, employment law, breach of contract, California’s Unfair Competition Law, CEQA, the enforceability of arbitration clauses, hospital peer review, the scope of public employee whistleblower protection, and the application of the primary assumption of risk doctrine.
Jeremy is a partner at the firm, which he joined in 2001. He is a California State Bar Certified Appellate Specialist and a member of the California Academy of Appellate Lawyers.
Jeremy directed the Pepperdine University School of Law Ninth Circuit Appellate Advocacy Clinic for 6 years. The Clinic represents individuals in the Ninth Circuit who are identified by the court as needing pro bono counsel. Jeremy also previously served a three-year term where he was appointed by the Ninth Circuit to serve as one of 18 appellate lawyer representatives to the court.
Jeremy is a member of the National Chamber Litigation Center’s California Litigation Advisory Committee. Before joining the firm, Jeremy was a Litigation Associate with Munger, Tolles & Olson.
Partner, Horvitz & Levy LLC
Felix Shafir is a partner at the firm. He has argued appeals in the California Supreme Court and the California Courts of Appeal, and has been lead and amicus counsel in numerous proceedings in the United States Court of Appeals for the Ninth Circuit.
Mr. Shafir focuses his practice on two areas at the cutting edge of California law: (1) the law of protected speech, including the First Amendment, defamation, California’s anti-SLAPP statute, and the litigation privilege; and (2) the defense of class and representative actions, often through resisting class certification efforts or the enforcement of arbitration agreements. He has also developed unique expertise in handling appeals involving employment disputes and employer liability, commercial litigation, intellectual property, environmental litigation, unfair competition lawsuits, and federal and state securities issues.
Mr. Shafir often works with clients and trial counsel before an appeal begins, advising them to preserve issues and present evidence in the best posture for appeal. He also prepares amicus briefs seeking to move or clarify the law in ways favorable to his clients and their members.
Mr. Shafir has represented many significant companies and organizations, including American Medical Response, the Chamber of Commerce of the United States of America, Omega S.A., See’s Candy Shops, Shell Oil Company, and the Southern California Gas Company.
Mr. Shafir is a past member of the California State Bar Committee on Appellate Courts and the Los Angeles County Bar Association’s State Appellate Judicial Evaluation Committee.
In 2013, 2014, and 2016, the Los Angeles & San Francisco Daily Journal honored Mr. Shafir by naming him to its list of California’s “Top Labor and Employment Lawyers.” He was also named a Rising Star by California Super Lawyers from 2007 to 2014.
Before joining the firm, Mr. Shafir held judicial clerkships with the Honorable Thomas J. Meskill, U.S. Court of Appeals, Second Circuit, and the Honorable Whitman Knapp, U.S. District Court, Southern District of New York. Mr. Shafir previously practiced at Mayer, Brown, Rowe & Maw LLP and Littler Mendelson, P.C., where he focused on all aspects of labor and employment defense and counseling.
Northwestern University School of Law, J.D., cum laude, 1999
University of California, Los Angeles, B.A., cum laude, 1996
Chair, Global Antitrust Law Practice Group, Morrison Foerster
Alex Okuliar is Co-Chair of Morrison Foerster’s Global Antitrust Law Practice Group. He is the former Deputy Assistant Attorney General for Civil Antitrust Enforcement at the U.S. Department of Justice and a former advisor at the Federal Trade Commission.
Alex’s practice spans merger review, civil litigation, and criminal investigations. Over his twenty-five-year career, Alex has worked on nearly one thousand deals. He has deep experience guiding clients through the complex global merger clearance process and has litigated agency merger challenges through trial. He has also helped clients succeed in a wide range of federal and state cases, including class actions and private party disputes alleging price fixing, monopolization, group boycotts, market allocation, and tying. His understanding of the agency processes from the inside allows him to offer expert, timely, and practical advice to clients navigating merger and conduct investigations by the U.S. Department of Justice, the Federal Trade Commission, state Attorneys General, and foreign agencies. Alex’s work has been recognized by leading industry publications such as Chambers, The Legal 500 U.S., and Global Competition Review.
Outside of client work, Alex is a prolific thought leader and was recognized as a 2024 Top Author for Antitrust & Trade Regulation by JD Supra’s Readers’ Choice Awards. He currently serves as the co-chair of the ABA Antitrust Law Section’s Joint Conduct Committee and is the former chair of the Section’s Intellectual Property Committee and co-chair of the 2023 Antitrust Fall Forum on Artificial Intelligence. He is also a member of the Corporations, Securities & Antitrust Executive Committee of The Federalist Society for Law and Public Policy Studies.
Before law school, Alex co-founded and sold an online technology company. Alex received his B.S. in economics and B.A. with distinction in history from the Wharton School of the University of Pennsylvania and his J.D. from Vanderbilt University Law School.
Associate Professor of Law, Center for Intellectual Property and Entrepreneurship, University of Missouri School of Law
Professor Lietzan researches, writes, and teaches primarily in the areas of food and drug regulation, intellectual property, and administrative law. Some of her recent scholarship has focused on the nature and purpose of the new drug approval system, federal regulation of fecal microbiota transplantation, federal regulation of products derived from cannabis, the political economy of the Hatch-Waxman (generic drug) statute, and incentives to study already approved drugs for new uses. She is an award-winning teacher, and she has been an elected member of the American Law Institute since 2006.
Professor Lietzan brings to her scholarship and teaching eighteen years of private practice experience, eight of them as a partner in the food and drug group at Covington & Burling in Washington, DC. In practice, she handled a wide range of complex legal problems and broader legislative and regulatory policy questions affecting FDA-regulated companies. This work included lifecycle management and strategy issues, regulatory strategy and advocacy, white collar defense, congressional investigations, briefing in products liability cases, and international regulatory policy work. She was involved in every major amendment to the Federal Food, Drug, and Cosmetic Act (FDCA) between 1997 and 2014 and was deeply immersed for more than a decade in the development of the Biologics Price Competition and Innovation Act of 2010. She has been consistently identified by her peers in private practice as a “Best Lawyer in America” in the categories of FDA law (since 2013) and Biotechnology Law (since 2007).
Professor Lietzan has held one leadership position or another at the Food and Drug Law Institute (FDLI) since 2004, including a stint on its Board of Directors from 2008 to 2012. She also held leadership positions in the American Bar Association’s Section of Science and Technology Law for fourteen years.
Professor Lietzan received a bachelor’s degree from the University of North Carolina, where she graduated with honors in history. She holds a master’s degree in history from UCLA and a law degree with high honors from Duke Law School.
Senior Legal Fellow, the Meese Institute for the Rule of Law, Advancing American Freedom
Paul J. Larkin is a Senior Legal Fellow in the Meese Institute for the Rule of Law at Advancing American Freedom. Paul has held various positions in the federal and state governments throughout his career, such as being an attorney in the Organized Crime and Racketeering Section of the Criminal Division at the U.S. Department of Justice, an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice, Special Agent-in-Charge and Acting Director of the Criminal Investigation Division at the Environmental Protection Agency, and a member of the Parole Abolition and Sentencing Reform Commission and of the Juvenile Justice Reform Commission in the Office of Virginia Governor George Allen.
He has also worked at Verizon Communications and two law firms in Washington, D.C. His current research is principally in the fields of drug policy, criminal justice policy, and administrative law and policy. He has published numerous articles in law and public policy journals, both in print and online.
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
Professor of Law, University of Pittsburgh School of Law
Arthur D. Hellman, a professor of law (emeritus) at the University of Pittsburgh, is a nationally recognized scholar of the federal courts who has also written in the area of the First Amendment. His publications include numerous articles and several books, including casebooks in both areas, Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process (5th edition 2022) (with David R. Stras, Ryan W. Scott, F. Andrew Hessick, and Derek T. Muller); and First Amendment Law: Freedom of Speech and Freedom of Religion (5th edition 2022) (with William D. Araiza, Thomas E. Baker, and Ashutosh A. Bhagwat).
In addition to his casebooks and academic writing, Processor Hellman has worked with the Judiciary Committees in the House and Senate in drafting federal courts legislation, including the most recent (2002) revision of the Judicial Conduct and Disability Act (Title 28, Chapter 16). The legislative histories of two major jurisdictional statutes – the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the “Holmes Group Fix” (enacted as part of the America Invents Act) – acknowledge his contributions.
Professor Hellman has testified as an invited witness at numerous hearings of both Judiciary Committees. His testimony has focused on a wide variety of legislative issues related to the federal courts, including the jurisdiction of the Supreme Court; proposals to divide the Ninth Circuit Court of Appeals; federal judicial discipline; unpublished appellate opinions; and the constitutionality of legislative restrictions on the powers of the federal courts.
In 2005 Professor Hellman was appointed as the inaugural holder of the Sally Ann Semenko Endowed Chair at the University. In 2002 he received the Chancellor’s Distinguished Research Award “as a faculty member who has an outstanding and continuing record of research and scholarly activity.”
Helping Americans to Speak Freely
Jeremy B. Rosen, Felix Shafir
Note from the Editor: This article discusses different types of state anti-SLAPP laws and argues that...
The FCC: Death to the Set-Top Box! Long Live the Set-Top Box...or is it Apps?
Alexander P. Okuliar
Note from the Editor: This article discusses and critiques the FCC’s proposed set-top box rule....
A Second Look at the CREATES Act: What’s Not Being Said
Erika Lietzan
Note from the Editor: This article critically discusses the CREATES Act, which is currently pending...
The Justice Department’s Third-Party Payment Practice, the Antideficiency Act, and Legal Ethics
Paul James Larkin
Note from the Editor: This article argues that the Justice Department’s practice of distributing settlement...
Harris v. Arizona Independent Redistricting Commission - Post-Decision SCOTUScast
On April 20, 2016, the Supreme Court decided Harris v. Arizona Independent Redistricting Commission. In...
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Who's 'Weaponizing the First Amendment'—the Left or the Right?
On June 28th, after previously splitting 4-4 on the case, the Supreme Court declined a...
How Republicans Feed the Beast of Political Correctness
John Fund has an excellent column up at National Review Online on "How Republicans Feed...
Book Review: The Intimidation Game
Stephen R. Klein
Note from the Editor: This article favorably reviews Kimberley Strassel’s new book about efforts by...
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Author Response: More on Judicial Impartiality
I concur wholeheartedly with Evan Bernick’s thesis, written in response to my recent blog, “Trump...
The Fraudulent Joinder Prevention Act of 2016: A New Standard and a New Rationale for an Old Doctrine
Arthur D. Hellman
Note from the Editor: This article discusses the doctrine of fraudulent joinder and an ongoing attempt to...