Sheila M. McDevitt Professor of Law and Faculty Director of the Election Law Center, Florida State University College of Law
Professor Morley joined FSU Law in 2018, and teaches and writes in the areas of election law, constitutional law, remedies, and the federal courts. He is best known for his work on election emergencies and post-election litigation, nationwide and other defendant-oriented injunctions, the jurisdiction of the federal courts and their equitable powers more generally. He has testified before congressional committees, made presentations to election officials for the U.S. Election Assistance Commission and participated in bipartisan blue-ribbon groups to develop election reforms. The governor of Florida also appointed Professor Morley to the Criminal Punishment Code Task Force, to propose potential revisions to the legislature.
The U.S. Supreme Court has cited several of his articles, and he was counsel of record for the successful Petitioner in a landmark campaign finance case. Professor Morley has appeared on C-SPAN, Court TV, Fox News and numerous local news programs, and has been quoted in the Washington Post, Los Angeles Times, Roll Call, Politico, U.S. News and World Report, and a wide range of other national publications. His work has been published in many of the nation’s top law reviews, including the Georgetown Law Journal, Northwestern University Law Review, Boston University Law Review and Emory Law Journal.
Before joining FSU Law, Professor Morley was a Climenko Fellow and Lecturer in Law at Harvard Law School. Prior to his experience in academia, he served in government as special assistant to the General Counsel of the Army at the Pentagon, as well as a law clerk for Judge Gerald B. Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit. During his tenure with the Army General Counsel’s office, he was awarded the Meritorious Civilian Service Award and the Army Staff Lapel Pin. He also worked as an associate at Williams & Connolly LLP and the Supreme Court & Appellate group of Winston & Strawn, LLP, both in Washington, D.C.
Professor Morley earned his J.D. from Yale Law School in 2003, where he was a senior editor on the Yale Law Journal; served on the moot court board; and received the Thurman Arnold Prize for Best Oralist in the Morris Tyler Moot Court of Appeals.
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.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
Partner, Skadden, Arps, Slate
John Beisner is the leader of Skadden’s Mass Torts, Insurance and Consumer Litigation Group. He focuses on the defense of purported class actions, mass tort matters and other complex civil litigation in both federal and state courts. He also regularly handles appellate litigations and has appeared in matters before the U.S. Supreme Court. Over the past 25 years, he has defended major U.S. and international corporations in more than 600 purported class actions filed in federal courts and in 40 state courts at both the trial and appellate levels. Those class actions have involved a wide variety of subjects, including antitrust/unfair competition, consumer fraud, RICO, ERISA, employment discrimination, environmental issues, product-related matters and securities. He also has handled numerous matters before the Judicial Panel on multidistrict litigation, as well as proceedings before various federal and state administrative agencies, particularly the National Highway Traffic Safety Administration and the Consumer Product Safety Commission.
Mr. Beisner has advised on numerous high-visibility corporate crisis situations, including congressional hearings, federal agency investigations, state attorneys general inquiries and General Accounting Office reviews. Among others, he represented Merck in its Vioxx litigation. He also negotiated a settlement with state attorneys general regarding the Countrywide Finance/Bank of America mortgage lending practices investigation, resulting in a creative loan modification program intended to help more than 400,000 families maintain ownership of their homes. He was named “Litigator of the Week” by The American Lawyer for his role in this case.
Mr. Beisner is a frequent writer and lecturer on class action and complex litigation issues. In 2013 he received the Burton Award for Legal Achievement, which recognizes excellence in legal scholarship. Mr. Beisner also has been an active participant in litigation reform initiatives before Congress, state legislatures and judicial committees. He has testified numerous times on class action and claims aggregation issues before the U.S. Senate and House Judiciary Committees (particularly with respect to the Class Action Fairness Act of 2005) and before state legislative committees. For his integral role in crafting the Class Action Fairness Act, Mr. Beisner was recognized with the 2011 Research and Policy Award by The U.S. Chamber Institute for Legal Reform.
Mr. Beisner repeatedly has been selected for inclusion, and is in the top tier, inChambers USA: America's Leading Lawyers for Business in the area of products liability, and he also is listed in The Best Lawyers in America, The Legal 500 U.S., Who’s Who Legal and Lawdragon 500 Leading Lawyers in America. Mr. Beisner was profiled in an article by The American Lawyer that named Skadden as a finalist in the products liability section of its Litigation Department of the Year contest (January 2012). He was named one of the 2013 “BTI Client Service All-Stars” by The BTI Consulting Group for providing outstanding client service. He also was named one of Law360’s MVPs of 2011 in the products liability category, which recognizes those who have raised the bar in corporate law throughout the year. Law360 also profiled Mr. Beisner in two articles that named Skadden as a “Product Liability Group Of The Year” and“Class Action Group Of The Year” for 2010.
A list of the numerous published federal and state court decisions in which Mr. Beisner has played a role is available on request.
Senior Advisor, Buford Capital
His experience includes roles as in-house counsel at a Fortune 50 company, a litigator at one of the world’s leading law firms and a law clerk at the Supreme Court of the United States.
Prior to helping launch Gerchen Keller in 2013, Mr. Lenkner was a Senior Counsel at The Boeing Company, the world’s largest aerospace firm and the leading manufacturer of commercial jetliners and defense, space and security systems. While at Boeing, he represented the company in litigation matters and advised senior executives on significant regulatory issues.
Previously, Mr. Lenkner was a litigation and appellate attorney in the New York and Washington offices of Gibson, Dunn & Crutcher LLP, where he represented clients in complex civil and criminal disputes before the Supreme Court and other tribunals.
Mr. Lenkner served as a law clerk for Supreme Court Justice Anthony M. Kennedy and Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit. He earned his JD from the University of Kansas School of Law, where he was Editor-in-Chief of the Kansas Law Review. He graduated from Kansas State University and is the national chair of the board of directors of the university’s alumni association.
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.
Staff Attorney, Shook Hardy & Bacon
Sarah works with Shook Hardy & Bacon’s Public Policy Group, whose aim is to improve civil litigation through judicial education, communications and legal scholarship; she also is a member of the Litigation practice group. Since joining the firm, she also has worked on construction industry-related arbitrations.
Before joining Shook, Sarah worked on litigation and administrative appeals for the Civil Beat Law Center in Hawaii, which provides advice and representation to the public and the media to achieve transparency in government. During law school, Sarah was senior research assistant to Andrew F. Popper during his work on the third edition of Administrative Law: A Contemporary Approach.
Jamie Dodge is the founding director of Emory’s Institute for Complex Litigation and Mass Claims. Before teaching, Professor Dodge was in private practice with Paul Hastings and later Gibson Dunn, representing clients at any stage of the litigation process. After practicing privately, she held numerous faculty positions at Harvard Law School, the University of Georgia, and the Perking University School of Transnational Law before going to Emory. Her scholarship focuses on how the structure of procedural regimes, from aggregate litigation to alternative dispute resolution models, affects the exercise of rights and enforcement of substantive law. Her work has been published in many law review journals including Harvard Law Review, Virginia Law Review, and Notre Dame Law Review. Professor Dodge graduated with a law degree from Harvard University, and received her bachelors at Dartmouth College.
Associate Professor of Law at Georgetown, Maria J. Glover specializes in civil procedure, complex litigation, and the interplay between private litigation and public regulation. She was a Climenko Fellow and Lecturer on Law at Harvard Law School before coming to Georgetown in 2012. Before teaching, she clerked for Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and practiced in the Supreme Court Appellate practice group at Mayer Brown LLP in Washington, DC. She is a graduate of Vanderbilt Law School. She was the recipient of the Cecil D. Branstetter Litigation and Dispute Resolution Program Award.
Mary Nold Larimore’s primary practice concentration is in litigation, focusing on product liability litigation, the defense of pharmaceutical and drug and device manufacturers, chemical companies, toxic tort litigation and commercial litigation. Ms. Larimore has served as national, regional and local counsel in drug, device and chemical exposure litigation, as well as expert witness counsel. She regularly addresses scientific, epidemiologic and complex medical issues in multi-jurisdictional litigation. She is the first woman from Indiana to be a Fellow in the American College of Trial Lawyers, served as Chair of the Supreme Court Committee on Rules of Practice and Procedure, and two five-year terms by appointment of the Chief Justice. She was selected to be in The Best Lawyers® in America from 2007-2018 and in Indiana Super Lawyers from 2004-2017. Ms. Larimore received a juris doctorate from Indiana University Maurer School of Law.
Jamie Dodge is the founding director of Emory’s Institute for Complex Litigation and Mass Claims. Before teaching, Professor Dodge was in private practice with Paul Hastings and later Gibson Dunn, representing clients at any stage of the litigation process. After practicing privately, she held numerous faculty positions at Harvard Law School, the University of Georgia, and the Perking University School of Transnational Law before going to Emory. Her scholarship focuses on how the structure of procedural regimes, from aggregate litigation to alternative dispute resolution models, affects the exercise of rights and enforcement of substantive law. Her work has been published in many law review journals including Harvard Law Review, Virginia Law Review, and Notre Dame Law Review. Professor Dodge graduated with a law degree from Harvard University, and received her bachelors at Dartmouth College.
Associate Professor of Law at Georgetown, Maria J. Glover specializes in civil procedure, complex litigation, and the interplay between private litigation and public regulation. She was a Climenko Fellow and Lecturer on Law at Harvard Law School before coming to Georgetown in 2012. Before teaching, she clerked for Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and practiced in the Supreme Court Appellate practice group at Mayer Brown LLP in Washington, DC. She is a graduate of Vanderbilt Law School. She was the recipient of the Cecil D. Branstetter Litigation and Dispute Resolution Program Award.
Mary Nold Larimore’s primary practice concentration is in litigation, focusing on product liability litigation, the defense of pharmaceutical and drug and device manufacturers, chemical companies, toxic tort litigation and commercial litigation. Ms. Larimore has served as national, regional and local counsel in drug, device and chemical exposure litigation, as well as expert witness counsel. She regularly addresses scientific, epidemiologic and complex medical issues in multi-jurisdictional litigation. She is the first woman from Indiana to be a Fellow in the American College of Trial Lawyers, served as Chair of the Supreme Court Committee on Rules of Practice and Procedure, and two five-year terms by appointment of the Chief Justice. She was selected to be in The Best Lawyers® in America from 2007-2018 and in Indiana Super Lawyers from 2004-2017. Ms. Larimore received a juris doctorate from Indiana University Maurer School of Law.
Partner, Skadden, Arps, Slate
John Beisner is the leader of Skadden’s Mass Torts, Insurance and Consumer Litigation Group. He focuses on the defense of purported class actions, mass tort matters and other complex civil litigation in both federal and state courts. He also regularly handles appellate litigations and has appeared in matters before the U.S. Supreme Court. Over the past 25 years, he has defended major U.S. and international corporations in more than 600 purported class actions filed in federal courts and in 40 state courts at both the trial and appellate levels. Those class actions have involved a wide variety of subjects, including antitrust/unfair competition, consumer fraud, RICO, ERISA, employment discrimination, environmental issues, product-related matters and securities. He also has handled numerous matters before the Judicial Panel on multidistrict litigation, as well as proceedings before various federal and state administrative agencies, particularly the National Highway Traffic Safety Administration and the Consumer Product Safety Commission.
Mr. Beisner has advised on numerous high-visibility corporate crisis situations, including congressional hearings, federal agency investigations, state attorneys general inquiries and General Accounting Office reviews. Among others, he represented Merck in its Vioxx litigation. He also negotiated a settlement with state attorneys general regarding the Countrywide Finance/Bank of America mortgage lending practices investigation, resulting in a creative loan modification program intended to help more than 400,000 families maintain ownership of their homes. He was named “Litigator of the Week” by The American Lawyer for his role in this case.
Mr. Beisner is a frequent writer and lecturer on class action and complex litigation issues. In 2013 he received the Burton Award for Legal Achievement, which recognizes excellence in legal scholarship. Mr. Beisner also has been an active participant in litigation reform initiatives before Congress, state legislatures and judicial committees. He has testified numerous times on class action and claims aggregation issues before the U.S. Senate and House Judiciary Committees (particularly with respect to the Class Action Fairness Act of 2005) and before state legislative committees. For his integral role in crafting the Class Action Fairness Act, Mr. Beisner was recognized with the 2011 Research and Policy Award by The U.S. Chamber Institute for Legal Reform.
Mr. Beisner repeatedly has been selected for inclusion, and is in the top tier, inChambers USA: America's Leading Lawyers for Business in the area of products liability, and he also is listed in The Best Lawyers in America, The Legal 500 U.S., Who’s Who Legal and Lawdragon 500 Leading Lawyers in America. Mr. Beisner was profiled in an article by The American Lawyer that named Skadden as a finalist in the products liability section of its Litigation Department of the Year contest (January 2012). He was named one of the 2013 “BTI Client Service All-Stars” by The BTI Consulting Group for providing outstanding client service. He also was named one of Law360’s MVPs of 2011 in the products liability category, which recognizes those who have raised the bar in corporate law throughout the year. Law360 also profiled Mr. Beisner in two articles that named Skadden as a “Product Liability Group Of The Year” and“Class Action Group Of The Year” for 2010.
A list of the numerous published federal and state court decisions in which Mr. Beisner has played a role is available on request.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Partner, Butler Snow LLP
Brian Jackson has 25 years of experience representing clients in drug and medical device litigation, healthcare litigation, and mass torts. His experience includes serving as national coordinating counsel, national science counsel, and trial counsel in drug and medical device cases. He is currently serving as Co-Lead Counsel in federal multidistrict litigation for a leading medical device manufacturer. He had extensive responsibilities in the Tylenol MDL and related state litigation, including serving as trial counsel in the past three years in a case tried in Atlantic City, NJ that resulted in a defense verdict that CVN named one of its “Top 10 Defense Verdicts of 2015,” and in a case tried in the United States District Court for the Central District of California that resulted in a favorable outcome. Brian earned his J.D. from Vanderbilt University, and serves as the Assistant Leader of Butler Snow’s Pharmaceutical, Medical Device & Healthcare Litigation Group.
Partner, Seeger Weiss LLP
Chris is a founding partner of Seeger Weiss and one of the nation’s leading attorneys in the areas of complex and mass tort actions. He has earned leadership appointments from state and federal courts throughout the U.S. in many noteworthy multi-district litigations, including pharmaceutical actions involving Vioxx, Zyprexa, Gadolinium, and DePuy ASR, among others. In 2012, the U.S. District Court for the Eastern District of Pennsylvania appointed Chris to lead the multi-district litigation against the National Football League arising out of concussion-related injuries sustained by thousands of former NFL players. In the face of significant legal challenges, he was able to negotiate an uncapped global settlement with an estimated value of over one billion dollars. In 2016, he was appointed to the Plaintiffs' Steering Committee for the MDL concerning the Volkswagen diesel emissions scandal, in the U.S. District Court, Northern District of California. Chris served on the Settlement Committee and was one of the lead negotiators of a $14.7 billion settlement which includes a massive buyback program for consumers and billions of dollars for environmental remediation. He was also appointed Plaintiffs' Co-Lead Counsel for the Testosterone Replacement Therapy litigation in the Northern District of Illinois; as Co-Lead Counsel in the Proton Pump Inhibitor multidistrict litigation in the U.S. District Court for the District of New Jersey; to the Executive and Settlement Committees for the National Prescription Opiate litigation in the Northern District of Ohio; to the Plaintiffs’ Settlement Committee, serving as Lead Negotiator, for the Syngenta GMO Corn litigation, resulting in a $1.5 billion nationwide settlement. Recent appointments include: Co-Lead Counsel in the 3M Combat Arms Earplug Products Liability Litigation, in the Northern District of Florida, where Chris represents thousands of U.S. military members who have suffered hearing loss and tinnitus; and Co-Lead Counsel in the Intel CPU Marketing, Sales Practices and Products Liability litigation in the District of Oregon. He is an elected member of the American Law Institute; a member of the Board of Advisors to the NYU School of Law, Center on Civil Justice; and serves on the Leadership Council to the Bolch Judicial Institute at Duke Law School.
Jonathan D. Selbin litigates consumer protection and defective products lawsuits as chair of Lieff Cabraser’s Economic Injury Product Defect Practice Group and member of the firm’s Executive Committee. He led a series of class actions under the Telephone Consumer Protection Act and developed the legal strategy responsible for the largest settlements in TCPA history. By 2016, the settlements resulted in the recovery of over $200 million dollars. Mr. Selbin is also a member of the inaugural Board of Counselors for Equal Justice Works, author of the certiorari opposition papers in the Whirlpool and Sears cases in the Supreme Court, and a 1993 magna cum laude graduate of Harvard Law School.
Partner, Skadden, Arps, Slate
John Beisner is the leader of Skadden’s Mass Torts, Insurance and Consumer Litigation Group. He focuses on the defense of purported class actions, mass tort matters and other complex civil litigation in both federal and state courts. He also regularly handles appellate litigations and has appeared in matters before the U.S. Supreme Court. Over the past 25 years, he has defended major U.S. and international corporations in more than 600 purported class actions filed in federal courts and in 40 state courts at both the trial and appellate levels. Those class actions have involved a wide variety of subjects, including antitrust/unfair competition, consumer fraud, RICO, ERISA, employment discrimination, environmental issues, product-related matters and securities. He also has handled numerous matters before the Judicial Panel on multidistrict litigation, as well as proceedings before various federal and state administrative agencies, particularly the National Highway Traffic Safety Administration and the Consumer Product Safety Commission.
Mr. Beisner has advised on numerous high-visibility corporate crisis situations, including congressional hearings, federal agency investigations, state attorneys general inquiries and General Accounting Office reviews. Among others, he represented Merck in its Vioxx litigation. He also negotiated a settlement with state attorneys general regarding the Countrywide Finance/Bank of America mortgage lending practices investigation, resulting in a creative loan modification program intended to help more than 400,000 families maintain ownership of their homes. He was named “Litigator of the Week” by The American Lawyer for his role in this case.
Mr. Beisner is a frequent writer and lecturer on class action and complex litigation issues. In 2013 he received the Burton Award for Legal Achievement, which recognizes excellence in legal scholarship. Mr. Beisner also has been an active participant in litigation reform initiatives before Congress, state legislatures and judicial committees. He has testified numerous times on class action and claims aggregation issues before the U.S. Senate and House Judiciary Committees (particularly with respect to the Class Action Fairness Act of 2005) and before state legislative committees. For his integral role in crafting the Class Action Fairness Act, Mr. Beisner was recognized with the 2011 Research and Policy Award by The U.S. Chamber Institute for Legal Reform.
Mr. Beisner repeatedly has been selected for inclusion, and is in the top tier, inChambers USA: America's Leading Lawyers for Business in the area of products liability, and he also is listed in The Best Lawyers in America, The Legal 500 U.S., Who’s Who Legal and Lawdragon 500 Leading Lawyers in America. Mr. Beisner was profiled in an article by The American Lawyer that named Skadden as a finalist in the products liability section of its Litigation Department of the Year contest (January 2012). He was named one of the 2013 “BTI Client Service All-Stars” by The BTI Consulting Group for providing outstanding client service. He also was named one of Law360’s MVPs of 2011 in the products liability category, which recognizes those who have raised the bar in corporate law throughout the year. Law360 also profiled Mr. Beisner in two articles that named Skadden as a “Product Liability Group Of The Year” and“Class Action Group Of The Year” for 2010.
A list of the numerous published federal and state court decisions in which Mr. Beisner has played a role is available on request.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Partner, Butler Snow LLP
Brian Jackson has 25 years of experience representing clients in drug and medical device litigation, healthcare litigation, and mass torts. His experience includes serving as national coordinating counsel, national science counsel, and trial counsel in drug and medical device cases. He is currently serving as Co-Lead Counsel in federal multidistrict litigation for a leading medical device manufacturer. He had extensive responsibilities in the Tylenol MDL and related state litigation, including serving as trial counsel in the past three years in a case tried in Atlantic City, NJ that resulted in a defense verdict that CVN named one of its “Top 10 Defense Verdicts of 2015,” and in a case tried in the United States District Court for the Central District of California that resulted in a favorable outcome. Brian earned his J.D. from Vanderbilt University, and serves as the Assistant Leader of Butler Snow’s Pharmaceutical, Medical Device & Healthcare Litigation Group.
Partner, Seeger Weiss LLP
Chris is a founding partner of Seeger Weiss and one of the nation’s leading attorneys in the areas of complex and mass tort actions. He has earned leadership appointments from state and federal courts throughout the U.S. in many noteworthy multi-district litigations, including pharmaceutical actions involving Vioxx, Zyprexa, Gadolinium, and DePuy ASR, among others. In 2012, the U.S. District Court for the Eastern District of Pennsylvania appointed Chris to lead the multi-district litigation against the National Football League arising out of concussion-related injuries sustained by thousands of former NFL players. In the face of significant legal challenges, he was able to negotiate an uncapped global settlement with an estimated value of over one billion dollars. In 2016, he was appointed to the Plaintiffs' Steering Committee for the MDL concerning the Volkswagen diesel emissions scandal, in the U.S. District Court, Northern District of California. Chris served on the Settlement Committee and was one of the lead negotiators of a $14.7 billion settlement which includes a massive buyback program for consumers and billions of dollars for environmental remediation. He was also appointed Plaintiffs' Co-Lead Counsel for the Testosterone Replacement Therapy litigation in the Northern District of Illinois; as Co-Lead Counsel in the Proton Pump Inhibitor multidistrict litigation in the U.S. District Court for the District of New Jersey; to the Executive and Settlement Committees for the National Prescription Opiate litigation in the Northern District of Ohio; to the Plaintiffs’ Settlement Committee, serving as Lead Negotiator, for the Syngenta GMO Corn litigation, resulting in a $1.5 billion nationwide settlement. Recent appointments include: Co-Lead Counsel in the 3M Combat Arms Earplug Products Liability Litigation, in the Northern District of Florida, where Chris represents thousands of U.S. military members who have suffered hearing loss and tinnitus; and Co-Lead Counsel in the Intel CPU Marketing, Sales Practices and Products Liability litigation in the District of Oregon. He is an elected member of the American Law Institute; a member of the Board of Advisors to the NYU School of Law, Center on Civil Justice; and serves on the Leadership Council to the Bolch Judicial Institute at Duke Law School.
Jonathan D. Selbin litigates consumer protection and defective products lawsuits as chair of Lieff Cabraser’s Economic Injury Product Defect Practice Group and member of the firm’s Executive Committee. He led a series of class actions under the Telephone Consumer Protection Act and developed the legal strategy responsible for the largest settlements in TCPA history. By 2016, the settlements resulted in the recovery of over $200 million dollars. Mr. Selbin is also a member of the inaugural Board of Counselors for Equal Justice Works, author of the certiorari opposition papers in the Whirlpool and Sears cases in the Supreme Court, and a 1993 magna cum laude graduate of Harvard Law School.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Ms. Malini Moorthy has been Head of the Litigation Department of Bayer Corporation since July 30, 2014. When she left Pfizer Inc., Ms. Moorthy spent many years as a litigation associate at law firms in the United States and Canada, including the New York office of Salans, and Genest Murray Desbrisay Lamek and McCarthy Tetrault, both in Toronto. Before beginning her corporate law career, Ms. Moorthy served as Executive Director of Free the Children in Toronto, an international children’s organization dedicated to ending the exploitation of children and empowering them through leadership development and training. Ms. Moorthy serves as the chair of the Advisory Council of the Duke Law Distinguished Lawyers Series and is on the Board of Directors of the National Center for Law and Economic Justice. She received her bachelor’s degree with honors in political science and economics from the University of North Carolina at Chapel Hill, where she was a Morehead Scholar, and her law degree from Queen’s University in Ontario, Canada, where she was the editor of the Queen’s Law Review.
Tim has had a multifaceted and storied career. For many years, Tim was a national trial lawyer with the firm of Shook, Hardy and Bacon. He handled mass tort cases for pharmaceutical, medical device and chemical companies. Tim was lead counsel in a number of high-profile trials for clients around the country and served as lead counsel in a medical device MDL. While in private practice, he was named a Leading National Products Liability Lawyer by Chambers USA, one of the Top 500 Litigators in America by Lawdragon, and one of the Best Lawyers in America. Tim taught at the National Institute for Trial Advocacy for many years and was a frequent speaker on legal topics, trial tactics and litigation strategy.
In 2008, Tim was recruited to become General Counsel and Corporate Secretary of Boston Scientific, a multinational medical device company. While there, Tim served on the Company's Executive Committee and was responsible for worldwide management of the company's Legal organization, Global Compliance, Government Affairs, Aviation, Global Security and other functions. He was also heavily involved in diversity and inclusion initiatives, the Boston Scientific Leadership Academy and innovative outside counsel management initiatives. Over his years at Boston Scientific, Tim was repeatedly awarded for his performance. In 2013, he was recognized by The Legal 500 and named to the "Corporate Counsel 100" list, which identifies the top most powerful corporate legal advisers in the United States. In 2016 he was honored by The Burton Awards as a “Legend in Law.” In 2016, he was flattered to receive the Valued Ally Award from Diversity Best Practices for his work in advancing diversity and inclusion.
Tim's work and influence is not limited to his work at Shook, Hardy and Boston Scientific. He has also worked with a number of organizations. Tim was on the Board and Executive Committee of AdvaMed, the trade association for the medical device industry. He is active in the prestigious and invitation-only Federation of Defense & Corporate Counsel (FDCC), where he served as President and Chairman. He currently serves as President of Lawyers for Civil Justice (LCJ), a group interested in improving the civil justice system in the United States. He had been a member of the boards for DRI and the New England Legal Foundation.
Managing Director, Berkeley Research Group
Dan Troy is Managing Director and an expert witness on FDA matters at Berkeley Research Group. Previously he served as Chief Counsel of the US Food and Drug Administration and General Counsel of GlaxoSmithKline PLC.
Partner, Skadden, Arps, Slate
John Beisner is the leader of Skadden’s Mass Torts, Insurance and Consumer Litigation Group. He focuses on the defense of purported class actions, mass tort matters and other complex civil litigation in both federal and state courts. He also regularly handles appellate litigations and has appeared in matters before the U.S. Supreme Court. Over the past 25 years, he has defended major U.S. and international corporations in more than 600 purported class actions filed in federal courts and in 40 state courts at both the trial and appellate levels. Those class actions have involved a wide variety of subjects, including antitrust/unfair competition, consumer fraud, RICO, ERISA, employment discrimination, environmental issues, product-related matters and securities. He also has handled numerous matters before the Judicial Panel on multidistrict litigation, as well as proceedings before various federal and state administrative agencies, particularly the National Highway Traffic Safety Administration and the Consumer Product Safety Commission.
Mr. Beisner has advised on numerous high-visibility corporate crisis situations, including congressional hearings, federal agency investigations, state attorneys general inquiries and General Accounting Office reviews. Among others, he represented Merck in its Vioxx litigation. He also negotiated a settlement with state attorneys general regarding the Countrywide Finance/Bank of America mortgage lending practices investigation, resulting in a creative loan modification program intended to help more than 400,000 families maintain ownership of their homes. He was named “Litigator of the Week” by The American Lawyer for his role in this case.
Mr. Beisner is a frequent writer and lecturer on class action and complex litigation issues. In 2013 he received the Burton Award for Legal Achievement, which recognizes excellence in legal scholarship. Mr. Beisner also has been an active participant in litigation reform initiatives before Congress, state legislatures and judicial committees. He has testified numerous times on class action and claims aggregation issues before the U.S. Senate and House Judiciary Committees (particularly with respect to the Class Action Fairness Act of 2005) and before state legislative committees. For his integral role in crafting the Class Action Fairness Act, Mr. Beisner was recognized with the 2011 Research and Policy Award by The U.S. Chamber Institute for Legal Reform.
Mr. Beisner repeatedly has been selected for inclusion, and is in the top tier, inChambers USA: America's Leading Lawyers for Business in the area of products liability, and he also is listed in The Best Lawyers in America, The Legal 500 U.S., Who’s Who Legal and Lawdragon 500 Leading Lawyers in America. Mr. Beisner was profiled in an article by The American Lawyer that named Skadden as a finalist in the products liability section of its Litigation Department of the Year contest (January 2012). He was named one of the 2013 “BTI Client Service All-Stars” by The BTI Consulting Group for providing outstanding client service. He also was named one of Law360’s MVPs of 2011 in the products liability category, which recognizes those who have raised the bar in corporate law throughout the year. Law360 also profiled Mr. Beisner in two articles that named Skadden as a “Product Liability Group Of The Year” and“Class Action Group Of The Year” for 2010.
A list of the numerous published federal and state court decisions in which Mr. Beisner has played a role is available on request.
Senior Advisor, Buford Capital
His experience includes roles as in-house counsel at a Fortune 50 company, a litigator at one of the world’s leading law firms and a law clerk at the Supreme Court of the United States.
Prior to helping launch Gerchen Keller in 2013, Mr. Lenkner was a Senior Counsel at The Boeing Company, the world’s largest aerospace firm and the leading manufacturer of commercial jetliners and defense, space and security systems. While at Boeing, he represented the company in litigation matters and advised senior executives on significant regulatory issues.
Previously, Mr. Lenkner was a litigation and appellate attorney in the New York and Washington offices of Gibson, Dunn & Crutcher LLP, where he represented clients in complex civil and criminal disputes before the Supreme Court and other tribunals.
Mr. Lenkner served as a law clerk for Supreme Court Justice Anthony M. Kennedy and Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit. He earned his JD from the University of Kansas School of Law, where he was Editor-in-Chief of the Kansas Law Review. He graduated from Kansas State University and is the national chair of the board of directors of the university’s alumni association.
Nutraceutical Corp. v. Lambert - Post-Argument SCOTUScast
Michael T. Morley
On November 27, 2018, the Supreme Court heard argument in Nutraceutical Corp. v. Lambert, a...
2018 Civil Justice Update
Mark A. Behrens, Christopher Appel
Note from the Editor: The Federalist Society takes seriously its responsibility as a non-partisan institution...
Who Is Paying for that Lawsuit?
John H. Beisner, Travis D. Lenkner
The advisory committee on the Federal Rules of Civil Procedure is considering proposed amendments to...
Who Is Paying for that Lawsuit?
Litigation Practice Group Teleforum
Teleforum2017 Civil Justice Update
Mark A. Behrens, Sarah Goggans
This paper reviews key civil justice issues and reforms in 2017. Part I focuses on...
General Reform Ideas and Pending Legislation
Jaime Dodge, Maria J. Glover, Mary Nold Larimore, Francis E. McGovern, Kate Comerford Todd
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although...
General Reform Ideas and Pending Legislation
Jaime Dodge, Maria J. Glover, Mary Nold Larimore, Francis E. McGovern, Kate Comerford Todd
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although...
Trying Cases and Settlement
John H. Beisner, Jeffrey Bossert Clark, G. Brian Jackson, Christopher A. Seeger, Jonathan D. Selbin
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although...
Trying Cases and Settlement
John H. Beisner, Jeffrey Bossert Clark, G. Brian Jackson, Christopher A. Seeger, Jonathan D. Selbin
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although...
Are MDLs working? An Assessment of Centralization
Brian T. Fitzpatrick, Malini Moorthy, Timothy A. Pratt, Daniel E. Troy
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although...