Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
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.
Chief Counsel, FIRE
Robert Corn-Revere joined FIRE from the law firm of Davis Wright Tremaine where he was a partner for 20 years specializing in freedom of expression and communications law. Before his time at DWT, he was a partner at Hogan & Hartson and served as legal advisor and later chief counsel to Federal Communications Commission Chairman James H. Quello.
Corn-Revere is a prominent writer, thinker, and advocate on free expression issues. In 2021, Cambridge University Press published his book, “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” which explores how free expression became a part of America’s identity. He also co-authored the three-volume treatise, “Modern Communication Law,” published by West Group. In 2003, he successfully petitioned Governor George E. Pataki to grant the first posthumous pardon in New York history to the late comedian Lenny Bruce, who was convicted for “obscene” comedy routines.
Before joining FIRE full-time, Corn-Revere was a volunteer on FIRE’s Advisory Council. He also served as outside counsel for FIRE’s Stand Up For Speech Litigation Project, successfully litigating on behalf of college students and faculty whose First Amendment rights were violated.
He is regularly listed as a leading First Amendment and media law practitioner by The Best Lawyers in America, SuperLawyers Washington, D.C., and by Chambers USA. Best Lawyers in America named him as Washington, D.C.’s 2017 “Lawyer of the Year” in the areas of First Amendment Law and Litigation – First Amendment. He was again named as Best Lawyers’ “Lawyer of the Year” for First Amendment Law for 2019 and 2021, and in Media Law for 2022.
Partner, First & Fourteenth PLLC
Michael Francisco is a public and commercial litigator with extensive appellate experience who often serves as a strategic advisor to clients facing acute legal challenges. He has represented clients nationally for public impact litigation, bet-the-company lawsuits, and in defense of constitutional rights. Michael served as a law clerk to Supreme Court Justice Neil Gorsuch and Judge Timothy Tymkovich of the United States Court of Appeals for the Tenth Circuit.
Michael regularly takes on challenging matters where citizens must rely on the judiciary to vindicate their rights. His experience runs the gambit from successfully seeking injunctive relief, winning critical legal motions, defending judgments on appeal, overturning multi-million-dollar judgments, and obtaining discretionary high court review. He relishes the opportunity to develop a well-crafted legal strategy to solve the most novel and complex problems that may arise.
Michael has deep experience with political litigation representing candidates, voters, political parties, and advocacy organizations for ballot access, election administration, campaign finance, and for the unfortunate trend of criminalization of political activity.
After deciding to pursue a legal career to defend religious liberty, Michael has regularly engaged in constitutional litigation under the religion clauses and the free speech clause. He has been involved in many recent U.S. Supreme Court cases involving these core freedoms, including Groff v. DeJoy, 303 Creative v. Elenis, Masterpiece Cakeshop v. Colorado Civil Rights Commission, National Institute of Family & Life Advocates v. Becerra, Trinity Lutheran Church v. Pauley, and similar cases in lower courts on topics ranging from the ministerial exception, church property disputes, to religious land use disputes.
As an appellate advocate Michael frequently handles matters before the U.S. Supreme Court, federal courts of appeals, and Colorado appellate courts. He has argued four times before the Colorado Supreme Court and briefed 19 cases before the U.S. Supreme Court.
Michael also frequently advises clients on strategic public matters challenging federal government authority and overreach. He has regularly litigated business disputes, employment matters, as well as represented clients before state and federal administrative agencies or arbitration panels.
Prior to joining First & Fourteenth, Michael was a partner at McGuireWoods, LLP in Washington D.C., representing litigation, white collar, and government investigation clients.
At home Michael is married with four children and he enjoys many outdoor activities, ranging from competitive shooting to fixing his jeep.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Associate, Covington & Burling LLP
Eli Nachmany is an associate at Covington & Burling LLP in the Washington, DC, office. He clerked for Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit. Eli graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, Eli served as the speechwriter to the U.S. Secretary of the Interior and as a domestic policy aide in the White House Office of American Innovation. He graduated summa cum laude from New York University with a B.S. in Sports Management. Eli’s scholarship on administrative law and executive power has appeared in the BYU Law Review, George Mason Law Review, Wake Forest Law Review, and Yale Law Journal Forum.
Senior Attorney, Institute for Free Speech
Brett Nolan is a Senior Attorney at the Institute for Free Speech, a public interest law firm that defends the First Amendment rights of those engaged in political speech and advocacy around the country.
Before joining the Institute, Brett served as the Principal Deputy Solicitor General of Kentucky, where he represented the Commonwealth in a wide variety of high-stakes litigation at every level of state and federal court. In that role, Brett led a successful challenge against the Department of Treasury over the constitutionality of a federal law limiting the ability of states to modify their tax codes, and he helped secure a U.S. Supreme Court victory that upheld a state’s constitutional right to defend its interests in federal court.
Prior to that, Brett served as the Deputy General Counsel to the former Governor of Kentucky, where he advised the governor and other executive branch officials on legal and policy issues and represented them in litigation. Brett clerked for Judge John Nalbandian of the U.S. Court of Appeals for the Sixth Circuit and Judge Karen K. Caldwell of the U.S. District Court for the Eastern District of Kentucky. Between clerkships, he worked in private practice. Brett received his law degree from the University of Chicago Law School, where he graduated with High Honors and was an editor of The University of Chicago Law Review.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Chief Counsel, FIRE
Robert Corn-Revere joined FIRE from the law firm of Davis Wright Tremaine where he was a partner for 20 years specializing in freedom of expression and communications law. Before his time at DWT, he was a partner at Hogan & Hartson and served as legal advisor and later chief counsel to Federal Communications Commission Chairman James H. Quello.
Corn-Revere is a prominent writer, thinker, and advocate on free expression issues. In 2021, Cambridge University Press published his book, “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” which explores how free expression became a part of America’s identity. He also co-authored the three-volume treatise, “Modern Communication Law,” published by West Group. In 2003, he successfully petitioned Governor George E. Pataki to grant the first posthumous pardon in New York history to the late comedian Lenny Bruce, who was convicted for “obscene” comedy routines.
Before joining FIRE full-time, Corn-Revere was a volunteer on FIRE’s Advisory Council. He also served as outside counsel for FIRE’s Stand Up For Speech Litigation Project, successfully litigating on behalf of college students and faculty whose First Amendment rights were violated.
He is regularly listed as a leading First Amendment and media law practitioner by The Best Lawyers in America, SuperLawyers Washington, D.C., and by Chambers USA. Best Lawyers in America named him as Washington, D.C.’s 2017 “Lawyer of the Year” in the areas of First Amendment Law and Litigation – First Amendment. He was again named as Best Lawyers’ “Lawyer of the Year” for First Amendment Law for 2019 and 2021, and in Media Law for 2022.
Partner, First & Fourteenth PLLC
Michael Francisco is a public and commercial litigator with extensive appellate experience who often serves as a strategic advisor to clients facing acute legal challenges. He has represented clients nationally for public impact litigation, bet-the-company lawsuits, and in defense of constitutional rights. Michael served as a law clerk to Supreme Court Justice Neil Gorsuch and Judge Timothy Tymkovich of the United States Court of Appeals for the Tenth Circuit.
Michael regularly takes on challenging matters where citizens must rely on the judiciary to vindicate their rights. His experience runs the gambit from successfully seeking injunctive relief, winning critical legal motions, defending judgments on appeal, overturning multi-million-dollar judgments, and obtaining discretionary high court review. He relishes the opportunity to develop a well-crafted legal strategy to solve the most novel and complex problems that may arise.
Michael has deep experience with political litigation representing candidates, voters, political parties, and advocacy organizations for ballot access, election administration, campaign finance, and for the unfortunate trend of criminalization of political activity.
After deciding to pursue a legal career to defend religious liberty, Michael has regularly engaged in constitutional litigation under the religion clauses and the free speech clause. He has been involved in many recent U.S. Supreme Court cases involving these core freedoms, including Groff v. DeJoy, 303 Creative v. Elenis, Masterpiece Cakeshop v. Colorado Civil Rights Commission, National Institute of Family & Life Advocates v. Becerra, Trinity Lutheran Church v. Pauley, and similar cases in lower courts on topics ranging from the ministerial exception, church property disputes, to religious land use disputes.
As an appellate advocate Michael frequently handles matters before the U.S. Supreme Court, federal courts of appeals, and Colorado appellate courts. He has argued four times before the Colorado Supreme Court and briefed 19 cases before the U.S. Supreme Court.
Michael also frequently advises clients on strategic public matters challenging federal government authority and overreach. He has regularly litigated business disputes, employment matters, as well as represented clients before state and federal administrative agencies or arbitration panels.
Prior to joining First & Fourteenth, Michael was a partner at McGuireWoods, LLP in Washington D.C., representing litigation, white collar, and government investigation clients.
At home Michael is married with four children and he enjoys many outdoor activities, ranging from competitive shooting to fixing his jeep.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Associate, Covington & Burling LLP
Eli Nachmany is an associate at Covington & Burling LLP in the Washington, DC, office. He clerked for Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit. Eli graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, Eli served as the speechwriter to the U.S. Secretary of the Interior and as a domestic policy aide in the White House Office of American Innovation. He graduated summa cum laude from New York University with a B.S. in Sports Management. Eli’s scholarship on administrative law and executive power has appeared in the BYU Law Review, George Mason Law Review, Wake Forest Law Review, and Yale Law Journal Forum.
Senior Attorney, Institute for Free Speech
Brett Nolan is a Senior Attorney at the Institute for Free Speech, a public interest law firm that defends the First Amendment rights of those engaged in political speech and advocacy around the country.
Before joining the Institute, Brett served as the Principal Deputy Solicitor General of Kentucky, where he represented the Commonwealth in a wide variety of high-stakes litigation at every level of state and federal court. In that role, Brett led a successful challenge against the Department of Treasury over the constitutionality of a federal law limiting the ability of states to modify their tax codes, and he helped secure a U.S. Supreme Court victory that upheld a state’s constitutional right to defend its interests in federal court.
Prior to that, Brett served as the Deputy General Counsel to the former Governor of Kentucky, where he advised the governor and other executive branch officials on legal and policy issues and represented them in litigation. Brett clerked for Judge John Nalbandian of the U.S. Court of Appeals for the Sixth Circuit and Judge Karen K. Caldwell of the U.S. District Court for the Eastern District of Kentucky. Between clerkships, he worked in private practice. Brett received his law degree from the University of Chicago Law School, where he graduated with High Honors and was an editor of The University of Chicago Law Review.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Chief Counsel, FIRE
Robert Corn-Revere joined FIRE from the law firm of Davis Wright Tremaine where he was a partner for 20 years specializing in freedom of expression and communications law. Before his time at DWT, he was a partner at Hogan & Hartson and served as legal advisor and later chief counsel to Federal Communications Commission Chairman James H. Quello.
Corn-Revere is a prominent writer, thinker, and advocate on free expression issues. In 2021, Cambridge University Press published his book, “The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma,” which explores how free expression became a part of America’s identity. He also co-authored the three-volume treatise, “Modern Communication Law,” published by West Group. In 2003, he successfully petitioned Governor George E. Pataki to grant the first posthumous pardon in New York history to the late comedian Lenny Bruce, who was convicted for “obscene” comedy routines.
Before joining FIRE full-time, Corn-Revere was a volunteer on FIRE’s Advisory Council. He also served as outside counsel for FIRE’s Stand Up For Speech Litigation Project, successfully litigating on behalf of college students and faculty whose First Amendment rights were violated.
He is regularly listed as a leading First Amendment and media law practitioner by The Best Lawyers in America, SuperLawyers Washington, D.C., and by Chambers USA. Best Lawyers in America named him as Washington, D.C.’s 2017 “Lawyer of the Year” in the areas of First Amendment Law and Litigation – First Amendment. He was again named as Best Lawyers’ “Lawyer of the Year” for First Amendment Law for 2019 and 2021, and in Media Law for 2022.
Partner, First & Fourteenth PLLC
Michael Francisco is a public and commercial litigator with extensive appellate experience who often serves as a strategic advisor to clients facing acute legal challenges. He has represented clients nationally for public impact litigation, bet-the-company lawsuits, and in defense of constitutional rights. Michael served as a law clerk to Supreme Court Justice Neil Gorsuch and Judge Timothy Tymkovich of the United States Court of Appeals for the Tenth Circuit.
Michael regularly takes on challenging matters where citizens must rely on the judiciary to vindicate their rights. His experience runs the gambit from successfully seeking injunctive relief, winning critical legal motions, defending judgments on appeal, overturning multi-million-dollar judgments, and obtaining discretionary high court review. He relishes the opportunity to develop a well-crafted legal strategy to solve the most novel and complex problems that may arise.
Michael has deep experience with political litigation representing candidates, voters, political parties, and advocacy organizations for ballot access, election administration, campaign finance, and for the unfortunate trend of criminalization of political activity.
After deciding to pursue a legal career to defend religious liberty, Michael has regularly engaged in constitutional litigation under the religion clauses and the free speech clause. He has been involved in many recent U.S. Supreme Court cases involving these core freedoms, including Groff v. DeJoy, 303 Creative v. Elenis, Masterpiece Cakeshop v. Colorado Civil Rights Commission, National Institute of Family & Life Advocates v. Becerra, Trinity Lutheran Church v. Pauley, and similar cases in lower courts on topics ranging from the ministerial exception, church property disputes, to religious land use disputes.
As an appellate advocate Michael frequently handles matters before the U.S. Supreme Court, federal courts of appeals, and Colorado appellate courts. He has argued four times before the Colorado Supreme Court and briefed 19 cases before the U.S. Supreme Court.
Michael also frequently advises clients on strategic public matters challenging federal government authority and overreach. He has regularly litigated business disputes, employment matters, as well as represented clients before state and federal administrative agencies or arbitration panels.
Prior to joining First & Fourteenth, Michael was a partner at McGuireWoods, LLP in Washington D.C., representing litigation, white collar, and government investigation clients.
At home Michael is married with four children and he enjoys many outdoor activities, ranging from competitive shooting to fixing his jeep.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Associate, Covington & Burling LLP
Eli Nachmany is an associate at Covington & Burling LLP in the Washington, DC, office. He clerked for Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit. Eli graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, Eli served as the speechwriter to the U.S. Secretary of the Interior and as a domestic policy aide in the White House Office of American Innovation. He graduated summa cum laude from New York University with a B.S. in Sports Management. Eli’s scholarship on administrative law and executive power has appeared in the BYU Law Review, George Mason Law Review, Wake Forest Law Review, and Yale Law Journal Forum.
Senior Attorney, Institute for Free Speech
Brett Nolan is a Senior Attorney at the Institute for Free Speech, a public interest law firm that defends the First Amendment rights of those engaged in political speech and advocacy around the country.
Before joining the Institute, Brett served as the Principal Deputy Solicitor General of Kentucky, where he represented the Commonwealth in a wide variety of high-stakes litigation at every level of state and federal court. In that role, Brett led a successful challenge against the Department of Treasury over the constitutionality of a federal law limiting the ability of states to modify their tax codes, and he helped secure a U.S. Supreme Court victory that upheld a state’s constitutional right to defend its interests in federal court.
Prior to that, Brett served as the Deputy General Counsel to the former Governor of Kentucky, where he advised the governor and other executive branch officials on legal and policy issues and represented them in litigation. Brett clerked for Judge John Nalbandian of the U.S. Court of Appeals for the Sixth Circuit and Judge Karen K. Caldwell of the U.S. District Court for the Eastern District of Kentucky. Between clerkships, he worked in private practice. Brett received his law degree from the University of Chicago Law School, where he graduated with High Honors and was an editor of The University of Chicago Law Review.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Topics
Federal Circuit Failure to Apply Daubert Results in Unfairly Inflated Patent Damages
When someone doesn’t work but misleads authorities about their income to claim government benefits, it’s...
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Topics
The NLRB in a Post-Loper Bright Administration
If Mel Brooks had written The Parable of the Prodigal Son, he might have titled...
2024 Civil Justice Update
Mark A. Behrens
This paper reviews key civil justice issues and changes in 2024. Part I discusses legal reform...
Topics
Best of 2024: Most Read Posts and Editor’s Picks
The Federalist Society has been honored to publish 240 fantastic blog posts from many talented...
Topics
Diaz v. United States: New Decision on Expert Testimony in Criminal Cases
The Supreme Court recently addressed whether, in a criminal expert case, an expert may render...
Topics
Michigan Supreme Court Adopts Amendment to MRE 702 to Align with Federal Rule of Evidence 702
The Michigan Supreme Court has adopted amendments to Rules 702 and 804 of the Michigan...
A Seat at the Sitting - March 2024
Robert Corn-Revere, Michael Francisco, Tony Francois, Eli Nachmany, Brett Nolan, Jennifer H. Weddle
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - March 2024
Robert Corn-Revere, Michael Francisco, Tony Francois, Eli Nachmany, Brett Nolan, Jennifer H. Weddle
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
A Seat at the Sitting - March 2024
The March Docket in 90 Minutes or Less