Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
Former Chairman, Federal Trade Commission; Former Partner, Davis Polk & Wardwell
Mr. Leibowitz is a former partner in Davis Polk’s Washington DC and New York offices. His practice focuses on the complex antitrust aspects of mergers and acquisitions, as well as government and private antitrust investigations and litigation. He also provides counsel in the developing area of privacy law and with respect to advocacy involving Congress.
Mr. Leibowitz was Chairman of the Federal Trade Commission from 2009 through 2013, and was noted for his bipartisanship. He served as a Commissioner from 2004 to 2009. While at the FTC, his priorities included health care and high-tech competition.
Partner, Cravath, Swaine & Moore LLP
Noah Joshua Phillips is Co-Chair of the Antitrust Practice and previously served as a Commissioner of the Federal Trade Commission. He advises clients on a range of antitrust issues, including mergers and acquisitions, business conduct and compliance, litigation and investigations, and data security and privacy.
On the FTC, Mr. Phillips played an integral role in precedent setting enforcement actions and regulatory efforts concerning antitrust, consumer protection and privacy. He decided dozens of merger and other antitrust enforcement matters across the economy, including in the consumer product, defense, energy, entertainment, healthcare, technology, pharmaceutical and retail industries. Mr. Phillips’ written antitrust opinions were consistently upheld by federal appellate courts.
As Commissioner, Mr. Phillips frequently testified before Congress and represented the FTC before international bodies, including the G7, the Competition Committee of the Organisation for Economic Co-operation and Development, and the International Conference of Data Protection and Privacy Commissioners. He speaks and writes frequently on a range of antitrust, consumer protection and privacy issues.
Prior to the FTC, Mr. Phillips served as Chief Counsel to U.S. Senator John Cornyn, of Texas, on the Senate Judiciary Committee. He advised Senator Cornyn on a variety of legal and policy issues, as well as judicial nominations.
Mr. Phillips received an A.B. magna cum laude from Dartmouth College in 2000 and a J.D. from Stanford Law School in 2005. He began his career at a New York-based investment bank. After law school, Mr. Phillips clerked for Hon. Edward C. Prado of the U.S. Court of Appeals for the Fifth Circuit and joined Cravath’s Litigation Department in 2006. He left the Firm in 2010, and he rejoined Cravath as a partner in December 2022.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Former Chairman, Federal Trade Commission; Former Partner, Davis Polk & Wardwell
Mr. Leibowitz is a former partner in Davis Polk’s Washington DC and New York offices. His practice focuses on the complex antitrust aspects of mergers and acquisitions, as well as government and private antitrust investigations and litigation. He also provides counsel in the developing area of privacy law and with respect to advocacy involving Congress.
Mr. Leibowitz was Chairman of the Federal Trade Commission from 2009 through 2013, and was noted for his bipartisanship. He served as a Commissioner from 2004 to 2009. While at the FTC, his priorities included health care and high-tech competition.
Partner, Cravath, Swaine & Moore LLP
Noah Joshua Phillips is Co-Chair of the Antitrust Practice and previously served as a Commissioner of the Federal Trade Commission. He advises clients on a range of antitrust issues, including mergers and acquisitions, business conduct and compliance, litigation and investigations, and data security and privacy.
On the FTC, Mr. Phillips played an integral role in precedent setting enforcement actions and regulatory efforts concerning antitrust, consumer protection and privacy. He decided dozens of merger and other antitrust enforcement matters across the economy, including in the consumer product, defense, energy, entertainment, healthcare, technology, pharmaceutical and retail industries. Mr. Phillips’ written antitrust opinions were consistently upheld by federal appellate courts.
As Commissioner, Mr. Phillips frequently testified before Congress and represented the FTC before international bodies, including the G7, the Competition Committee of the Organisation for Economic Co-operation and Development, and the International Conference of Data Protection and Privacy Commissioners. He speaks and writes frequently on a range of antitrust, consumer protection and privacy issues.
Prior to the FTC, Mr. Phillips served as Chief Counsel to U.S. Senator John Cornyn, of Texas, on the Senate Judiciary Committee. He advised Senator Cornyn on a variety of legal and policy issues, as well as judicial nominations.
Mr. Phillips received an A.B. magna cum laude from Dartmouth College in 2000 and a J.D. from Stanford Law School in 2005. He began his career at a New York-based investment bank. After law school, Mr. Phillips clerked for Hon. Edward C. Prado of the U.S. Court of Appeals for the Fifth Circuit and joined Cravath’s Litigation Department in 2006. He left the Firm in 2010, and he rejoined Cravath as a partner in December 2022.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Judge, United States Court of Appeals, Ninth Circuit
Patrick J. Bumatay was confirmed as a U.S. Circuit Judge for the U.S. Court of Appeals for the Ninth Circuit in December 2019. He is based in San Diego, California.
Prior to his appointment, Judge Bumatay served as an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of California, where he was a member of the Appellate and Narcotics Sections. He also served as a Counselor to the Attorney General on criminal law issues, including on national opioid strategy and combating transnational organized crime. Judge Bumatay has also worked in the Office of the Deputy Attorney General, the Office of the Associate Attorney General, and the Office of Legal Policy at the U.S. Department of Justice. Judge Bumatay has twice received the Attorney General’s Distinguished Service Award.
Judge Bumatay previously worked as an associate at Morvillo, Abramowitz, Grand, Iason, and Bohrer in New York, New York. Judge Bumatay clerked for the Honorable Timothy M. Tymkovich of the U.S. Court of Appeals for the Tenth Circuit and the Honorable Sandra L. Townes of the U.S. District Court for the Eastern District of New York. Judge Bumatay earned his B.A., cum laude, from Yale University and his J.D. from Harvard Law School.
Former Attorney General, Arizona
During 8 years as Arizona Attorney General (2003-2011), Terry Goddard focused on protecting consumers and fighting trans-national organized crime. In 2010, he received the Kelly-Wyman Award, the highest recognition given by his fellow state Attorneys General.
As Mayor of Phoenix from 1984 to 1990, Terry increased citizen participation in government culminating in the Phoenix Futures Forum and the Billion Dollar Bond Issue in 1988. He was elected president of the National League of Cities in 1988 and recognized as Municipal Leader of the Year.
Recently, Terry’s political activity has been focused on getting a nonpartisan initiative to stop dark money from purchasing political ads in Arizona on the November ballot and approved by 72% of Arizona voters.
Terry retired as a commander after 27 years in the Naval Reserve. He practices law, works to revitalize and return to public use an historic church and teaches at the ASU College of Law. He is President of the Central Arizona Project board, the elected administrators of the canal system bringing water from the Colorado River to central Arizona. He lives in downtown Phoenix with his wife Monica, a tortoise, many cats and (occasionally) their recent ASU graduate son.
Of Counsel, Cashion Gilmore & Lindemuth
In addition to his experience as a litigator and appellate advocate, Scott Kendall offers a depth of expertise as a strategic consultant. He is well known for his work across all levels of government, across jurisdictions, and across political parties to design approaches that bring his clients positive results and disrupt negative outcomes.
Scott’s practice also includes providing guidance in matters related to strategic communications, as well as campaign and election law. He has represented organizations and individuals in proceedings before the Alaska Public Offices Commission and the Federal Elections Commission.
Scott’s campaign and election clients have included candidates for local, statewide, and national office as well as industry coalitions, non-profits, ballot measure groups, and independent campaign expenditure organizations (known as “superPACs”). In 2010, Scott was counsel to U.S. Senator Lisa Murkowski’s historic, and successful, write-in campaign for reelection. In 2014, Scott drafted a successful statewide ballot measure aimed at protecting the world famous Bristol Bay salmon fishery.
From 2015 to 2016, Scott left the practice of law to serve as Campaign Coordinator for Senator Murkowski’s successful 2016 reelection campaign. And from 2016 to 2018 Scott served as Chief of Staff to Alaska Governor Bill Walker, providing him with a keen understanding of state government operations, as well as the complex relationships between state, federal, and local jurisdictions. During that time, Scott helped execute Governor Walker’s legislative strategy including the passage of landmark legislation transforming the way Alaska finances state government into an endowment or “POMV” model to protect the Alaska Permanent Fund in perpetuity.
More recently Scott authored, litigated, and advised the successful ballot measure campaign to improve Alaska’s statewide election system. The new system—which features a Top 4 open primary election along with Ranked Choice Voting in the general—has become a national model for election reform.
Early in his career, from 2003 to 2005, Scott served as law clerk to the Hon. Chief Judge of the Alaska Court of Appeals, Robert G. Coats.
Managing Partner, Statecraft
Kory Langhofer is the Managing Attorney at Statecraft PLLC, a law firm focusing on government and political law. His practice is concentrated in campaign finance, constitutional litigation, and political matters. He has previously worked as a federal prosecutor, as litigation counsel to the presidential campaigns for Mitt Romney and Donald Trump, and as general counsel for the 2016-2017 presidential transition team.
Kory received his A.B. in political science, summa cum laude, from the University of Illinois at Urbana-Champaign. He received his J.D. from Yale Law School, where he served as an Editor of The Yale Law Journal.
Sudler Family Professor of Constitutional Law, New York University School of Law
Richard H. Pildes is one of the nation’s leading scholars of constitutional law and a specialist in legal issues affecting democracy. He is a Member of the American Academy of Arts and Sciences and the American Law Institute, and has received recognition as a Guggenheim Fellow and a Carnegie Scholar. His acclaimed casebook, The Law of Democracy: Legal Structure of the Political Process (now in its fourth edition), helped create an entirely new field of study in the law schools. The Law of Democracy systematically explores legal and policy issues concerning the structure of democratic elections and institutions, such as the role of money in politics, the design of election districts, the regulation of political parties, the design of voting systems, the representation of minority interests in democratic institutions, and similar issues. He has written extensively on the rise of political polarization in the United States, the Voting Rights Act, the dysfunction of America’s political processes, the role of the Supreme Court in overseeing American democracy, the powers of the American President and Congress, and he has criticized excessively “romantic” understandings of democracy. In addition to his scholarship on these issues, he has written on national-security law, the design of the regulatory state, and American constitutional history and theory.
Respect for his expertise in these areas is reflected in frequent citations of his work in U.S. Supreme Court opinions, the translation of his work into many languages, and his frequent public lectures and appearances around the world, including his nomination with the NBC News Team for an Emmy Award for coverage of the 2000 Presidential election litigation.
His work has been translated and published in Chinese, French, Spanish, and Portuguese. In addition to his scholarship, Professor Pildes plays an active role litigating in these areas. He has won two cases before the United States Supreme Court, including a 2015 victory in Alabama Democratic Conference v. Alabama, a case involving race and redistricting. He served as counsel to a group of former chairmen of the Securities and Exchange Commission in litigation defending the constitutionality of the Sarbanes-Oxley Act; as counsel in election litigation to the Puerto Rico Electoral Commission; as counsel to the government of Puerto Rico; as a federal court-appointed independent expert on voting rights litigation; and as counsel in successful Supreme Court litigation that challenged the way the United States Tax Court operated. He was also a senior legal advisor to the 2008 and 2012 campaigns of President Obama.
Pildes received his A.B. in physical chemistry summa cum laude from Princeton, and his J.D. magna cum laude from Harvard, where he served as Supreme Court Note Editor on the Harvard Law Review. He clerked for Judge Abner J. Mikva of the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Thurgood Marshall of the U.S. Supreme Court. After practicing law in Boston, he began his academic career at the University of Michigan Law School, before joining the NYU School of Law in 2001.
Chairman and Founder, Institute for Free Speech; Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law, Capital University Law School
Smith has authored over 40 articles on campaign finance reform, appearing in academic publications such as the Yale Law Journal and Georgetown Law Journal, and popular publications such as The Wall Street Journal, USA Today, and National Review. He has appeared on The O’Reilly Factor, Hardball with Chris Matthews, Bill Moyers Journal, the Lehrer News Hour, Fox News Special Report, ABC News, Washington Journal, and numerous other national and local television and radio programs.
As an FEC Commissioner, Smith won plaudits for his integrity and refusal to put partisan interests ahead of his duties, as well as his steadfast support for free speech. For his honesty and integrity, the Wall Street Journal dubbed him, “the only honorable man in this bordello.” Smith now serves as the Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law at Capital University Law School. He has won numerous awards for his scholarship and teaching, and is a past member of the Advisory Committee to the American Bar Association’s Standing Committee on Election Law. He currently serves on the Editorial Board of the Election Law Journal, and the Editorial Advisory Board of the Harvard Journal of Law and Public Policy. Smith also serves on the Board of Trustees of the Buckeye Institute for Public Policy Studies, is a senior fellow at the Goldwater Institute and is a member of the Board of Scholars of the Mackinac Center for Public Policy. Smith is a cum laude graduate of Harvard Law School and Kalamazoo College and holds an honorary doctorate from Augustana College.
President, Center for American Rights
Daniel Suhr serves as president of the Center for American Rights, where he spends every day on the front lines of the fight to preserve our rights and liberties. The Center's mission is to advance free speech, free enterprise, and parental freedom in education through strategic, precedent-setting litigation.
Daniel formerly worked as policy director for Wisconsin Governor Scott Walker, as chief of staff for Wisconsin Lieutenant Governor Rebecca Kleefisch, and as a law clerk for Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit. He holds a B.A. and J.D. from Marquette University, and master’s degrees from Georgetown and the University of Missouri.
Former Chairman, Federal Trade Commission; Former Partner, Davis Polk & Wardwell
Mr. Leibowitz is a former partner in Davis Polk’s Washington DC and New York offices. His practice focuses on the complex antitrust aspects of mergers and acquisitions, as well as government and private antitrust investigations and litigation. He also provides counsel in the developing area of privacy law and with respect to advocacy involving Congress.
Mr. Leibowitz was Chairman of the Federal Trade Commission from 2009 through 2013, and was noted for his bipartisanship. He served as a Commissioner from 2004 to 2009. While at the FTC, his priorities included health care and high-tech competition.
Partner, Cravath, Swaine & Moore LLP
Noah Joshua Phillips is Co-Chair of the Antitrust Practice and previously served as a Commissioner of the Federal Trade Commission. He advises clients on a range of antitrust issues, including mergers and acquisitions, business conduct and compliance, litigation and investigations, and data security and privacy.
On the FTC, Mr. Phillips played an integral role in precedent setting enforcement actions and regulatory efforts concerning antitrust, consumer protection and privacy. He decided dozens of merger and other antitrust enforcement matters across the economy, including in the consumer product, defense, energy, entertainment, healthcare, technology, pharmaceutical and retail industries. Mr. Phillips’ written antitrust opinions were consistently upheld by federal appellate courts.
As Commissioner, Mr. Phillips frequently testified before Congress and represented the FTC before international bodies, including the G7, the Competition Committee of the Organisation for Economic Co-operation and Development, and the International Conference of Data Protection and Privacy Commissioners. He speaks and writes frequently on a range of antitrust, consumer protection and privacy issues.
Prior to the FTC, Mr. Phillips served as Chief Counsel to U.S. Senator John Cornyn, of Texas, on the Senate Judiciary Committee. He advised Senator Cornyn on a variety of legal and policy issues, as well as judicial nominations.
Mr. Phillips received an A.B. magna cum laude from Dartmouth College in 2000 and a J.D. from Stanford Law School in 2005. He began his career at a New York-based investment bank. After law school, Mr. Phillips clerked for Hon. Edward C. Prado of the U.S. Court of Appeals for the Fifth Circuit and joined Cravath’s Litigation Department in 2006. He left the Firm in 2010, and he rejoined Cravath as a partner in December 2022.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
Is Congress a Salvageable Institution?
Ted Hirt
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Jon Leibowitz, Noah Joshua Phillips, Neomi Rao
Antitrust law has made recent headlines for a host of reasons, ranging from Chairwoman Lina...
Luncheon Panel: Fireside Chat on the State of Antitrust
Jon Leibowitz, Noah Joshua Phillips, Neomi Rao
Antitrust law has made recent headlines for a host of reasons, ranging from Chairwoman Lina...
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Originalism Carries On
Donald A. Daugherty
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FTC v. Facebook: Does the Punishment Fit the Crime?
Industry-wide problems such as data security and privacy require industry-wide solutions. While there is broad...
Luncheon Panel: Fireside Chat on the State of Antitrust
EBRXI
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The Stealth Impeachment of Judge Newman in the Federal Circuit
This post was originally published at the Volokh Conspiracy. Of late, the media has fixated...
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Federal Departments Propose New Regulations for Contraceptive Services Mandate
On February 2, 2023, the U.S. Department of Health and Human Services (HHS), Department of...
Panel 2: Recent Developments in Election Law
Patrick J. Bumatay, Terry Goddard, Scott Kendall, Kory Langhofer, Richard H. Pildes, Bradley A. Smith, Daniel Suhr
Many western states are making significant structural changes to their campaign and election laws. Innovations...