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.
Executive Director, Committee for Justice
Ashley Baker serves as Executive Director at the Committee for Justice. Her focus areas include the Supreme Court, regulatory policy, antitrust, and judicial nominations. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and elsewhere. Ashley is also the founder of the recently-formed Alliance on Antitrust coalition. She has testified before the United States Senate on the topic of antitrust law.
Ashley is an active member of the Federalist Society, where she serves as a member of the Regulatory Transparency Project's Antitrust & Consumer Protection and Cyber & Privacy working groups. As a member of the Republican National Lawyers Association, she has served as a speaker on the Supreme Court and the federal judiciary.
As an expert on the judicial nominations process, Ashley worked closely on the efforts to confirm Justices Neil Gorsuch and Brett Kavanaugh.
Much of Ashley’s work is at the intersection of the courts, regulation, and technology. Ashley also engages in policy analysis and outreach on legislation and regulations related to these issues by writing op-eds, letters to Congress for committee hearings, and regulatory comments.
James G. Dinan University Professor, Carey Law School, University of Pennsylvania
Herbert Hovenkamp is a Fellow of the American Academy of Arts and Sciences, and in 2008 won the Justice Department’s John Sherman Award for his lifetime contributions to antitrust law. In 2012 he served on the ABA’s Committee to advise the President-elect on antitrust matters. His principal writing includes The Opening of American Law: Neoclassical Legal Thought, 1870-1970 (Oxford, 2015); Antitrust Law (formerly with Phillip E. Areeda and Donald F. Turner) (22 vols., Aspen 2008-18); Principles of Antitrust (West, 2017); Creation Without Restraint: Promoting Liberty and Rivalry in Innovation (Oxford, 2012, with Bohannan); The Making of Competition Policy (Oxford, 2012, with Crane); The Antitrust Enterprise: Principle and Execution (Harvard, 2006); Federal Antitrust Policy: The Law of Competition and Its Practice (West, 5th ed. 2015); IP and Antitrust (2 vols., Aspen, 2017, with Janis, Lemley, Leslie, and Carrier); and Enterprise and American Law, 1836-1937 (Harvard, 1991). He has also co-authored casebooks in antitrust, property law, and a free open source casebook on innovation and competition policy. He has consulted on numerous antitrust cases for various government entities and private plaintiffs. He has two sons.
Member, Miller & Chevalier
Anthony Provenzano's practice focuses on the tax, ERISA, and other laws impacting executive compensation and employee benefits, as well as the employment tax and reporting issues that may arise with respect to such arrangements. He routinely advises clients on the various rules regarding non-qualified, equity, and tax-qualified arrangements, and the surrounding employment tax and deduction issues. In addition, Mr. Provenzano's practice includes controversy matters involving the IRS, DOL and PBGC exams and disputes.
Mr. Provenzano's extensive experience in executive compensation and employee benefit matters allows him to advise clients on the broader legal implications of an arrangement and how various benefit regimes could interact. His experience in handling controversy matters, involving split dollar arrangements, deferred compensation programs, mispriced stock options, and qualified plans, can also help a client understand how plan language may be viewed by a government examiner or a participant asserting a claim. Clients quoted by Chambers have described Mr. Provenzano as "very thorough and very knowledgeable of the tax code."
Mr. Provenzano is frequently asked to speak on matters regarding executive compensation, including deferred compensation and the attendant payroll tax and reporting obligations with respect to such arrangements, the deduction limitations under Internal Revenue Code Section 162(m), defending against IRS executive compensation and employment tax audits, and IRS guidance regarding correction of failures under a Code Section 409A arrangement.
Member, Miller & Chevalier
Anthony Shelley is a Member with Miller & Chevalier Chartered in Washington, DC. His practice focuses on litigation and regulatory issues relating to health and pension benefits. Mr. Shelley's experience includes matters involving the Employee Retirement Income Security Act (ERISA), other federal employee benefits statutes, such as the Federal Employees Health Benefits Act, and the Affordable Care Act (ACA).
He has defended companies and plans in class actions and individual suits concerning challenges to benefits denials, exclusions from coverage, fiduciary actions, medical provider claims, and subrogation and reimbursement determinations. He has dealt in depth with issues of federal jurisdiction and preemption of state law, as well as governmental regulatory authority and administrative law. He has argued before the U.S. Supreme Court and served as lead counsel in numerous cases before the U.S. Courts of Appeals. Mr. Shelley advises insurers and employers regularly on the ACA's requirements and its implementing regulations. Another aspect of Mr. Shelley’s practice focuses on claims against the Pension Benefit Guaranty Corporation (PBGC) in connection with the termination of pension plans under distress and the PBGC's subsequent administration of those plans.
Mr. Shelley is frequently quoted on timely issues and speaks regularly at national and industry conferences. Mr. Shelley has been published in a wide variety of business publications. He was Chair of Miller & Chevalier's Executive Committee from 2011 to June 2017.
Mr. Shelley also has a substantial pro bono practice, having been appointed by the DC Circuit more than a dozen times in the past several years to represent prisoners and other indigents on important constitutional, statutory, and procedural issues.
Spears-Gilbert Associate Professor of Law, University of Kentucky J. David Rosenberg College of Law
Brian L. Frye joined the faculty of the College of Law in 2012. He teaches classes in civil procedure, intellectual property, copyright, and nonprofit organizations, as well as a seminar on law and popular culture. Previously, he was a Visiting Assistant Professor of Law at Hofstra University School of Law, and a litigation associate at Sullivan & Cromwell LLP. He clerked for Judge Andrew J. Kleinfeld of the United States Court of Appeals for the Ninth Circuit and Justice Richard B. Sanders of the Washington Supreme Court. He received a J.D. from the New York University School of Law in 2005, an M.F.A. from the San Francisco Art Institute in 1997, and a B.A. from the University of California at Berkeley in 1995. His research focuses on intellectual property and charity law, especially in relation to artists and arts organizations.
Professor Frye is also a filmmaker. He produced the documentary Our Nixon (2013), which was broadcast by CNN and opened theatrically nationwide. His short films and videos have shown in the 2002 Whitney Biennial, the New York Film Festival, and the San Francisco International Film Festival, among other venues, and are in the permanent collection of the Whitney Museum of American Art. His critical writing on film and art has appeared in October, The New Republic, Film Comment, Cineaste, Senses of Cinema, and Incite! among other journals.
Additionally, Professor Frye also produces a podcast, Ipse Dixit https://shows.pippa.io/ipse-dixit
Senior Fellow, Democracy, Conflict, and Governance Program, Carnegie Endowment for International Peace
Dr. Rachel Kleinfeld is a senior fellow at the Carnegie Endowment for International Peace, where she focuses on issues of rule of law, security, and governance in post-conflict countries, fragile states, and states in transition.
As the founding CEO of the Truman National Security Project, she spent nearly a decade leading a movement of national security, political, and military leaders working to promote people and policies that strengthen security, stability, rights, and human dignity in America and around the world. In 2011, former secretary of state Hillary Clinton appointed Kleinfeld to the Foreign Affairs Policy Board, which advises the secretary of state quarterly, a role she served through 2014.
Kleinfeld has consulted on rule of law reform for the World Bank, the European Union, the OECD, the Open Society Institute, and other institutions, and has briefed multiple government agencies in the United States and abroad. She is the author of Advancing the Rule of Law Abroad: Next Generation Reform (Carnegie, 2012), which was chosen by Foreign Affairs magazine as one of the best foreign policy books of 2012. Her writings have appeared in Relocating the Rule of Law (Hart, 2009), Promoting Democracy and the Rule of Law: American and European Strategies (Palgrave, 2009), The Future of Human Rights (Philadelphia UP, 2008), Promoting the Rule of Law: The Problem of Knowledge (Carnegie Endowment, 2006), With All Our Might (Rowen and Littlefield, 2006) and other publications. She has also co-authored Let There Be Light: Electrifying the Developing World with Markets and Distributed Generation (Truman Institute, 2012).
Named one of the top 40 Under 40 Political Leaders in America by Time magazine in 2010, Kleinfeld has been featured in the New York Times, the Wall Street Journal, Fox News, and other national television, radio, and print media. You can find out more about her work and activities on her website, rachelkleinfeld.com.
Partner, Wyatt Tarrant & Combs LLP
Thomas Travis is a member of Wyatt Tarrant & Combs' Litigation & Dispute Resolution Service Team. He assists with the representation of a broad range of clients in a variety of cases, including appellate practice, constitutional law, commercial litigation and transactional matters.
He was a clerk for Chief Justice John D. Minton, Jr., Supreme Court of Kentucky, and a legal fellow for United States Senator Rand Paul.
Partner, Wyatt Tarrant & Combs LLP
Thomas Travis is a member of Wyatt Tarrant & Combs' Litigation & Dispute Resolution Service Team. He assists with the representation of a broad range of clients in a variety of cases, including appellate practice, constitutional law, commercial litigation and transactional matters.
He was a clerk for Chief Justice John D. Minton, Jr., Supreme Court of Kentucky, and a legal fellow for United States Senator Rand Paul.
National Affairs Columnist, National Review
John Fund is National Affairs Columnist for National Review magazine and a on-air analyst on the Fox News Channel. He is considered a notable expert on American politics and the nexus between politics and economics.
He previously served as a columnist and editorial board member for The Wall Street Journal. He is the author of several books, including Who's Counting: Bow Fraudsters and Bureaucrats Put Your Vote At Risk (Encounter Books, 2012); Stealing Elections: How Voter Fraud Threatens Our Democracy (Encounter Books, 2008) and The Dangers of Regulation Through Litigation (ATRA Press, 2008). He worked as a research analyst for the California Legislature in Sacramento before beginning his journalism career as a reporter for the syndicated columnists Rowland Evans and Robert Novak.
Roll Call, the newspaper of Capitol Hill, called him "the Tom Paine of the modern Congressional reform movement." He has won awards from the Institute for Justice, The School Choice Aliance and the Warren Brooks award for journalistic excellence from the American Legislative Exchange Council.
Of Counsel, Covington & Burling LLP
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Partner, Goodwin Procter LLP
Jaime A. Santos is a partner in the firm’s Appellate Litigation practice. Her work focuses on appellate matters and complex civil litigation in federal courts, and she has experience in a wide range of areas including ERISA litigation, patent litigation, constitutional law, and product litigation. Ms. Santos has been the primary author of dozens of briefs filed in the Supreme Court, many more briefs filed in federal courts of appeals and federal district courts, and she has presented oral argument in state and federal trial and appellate courts. Ms. Santos also co-hosts the Supreme Court podcast Strict Scrutiny.
Ms. Santos maintains an active pro bono practice. She has been counsel of record in numerous criminal, immigration, and civil rights appeals in the Fourth, Seventh, and Ninth Circuits. She has also advocated on behalf of transgender litigants asserting constitutional claims before the Fourth Circuit and the Supreme Court, and represented a criminal defendant challenging his sentence before the Supreme Court. In 2015, Ms. Santos was honored by the Lawyers’ Committee for Civil Rights for her commitment to pro bono civil rights work.
In addition to her pro bono practice, Ms. Santos has been a thought leader in preventing and addressing bias and harassment in the legal profession. She speaks at conferences across the country and has published several articles on the topic. Since January 2018, she has advised numerous state and federal courts on improving the policies and processes governing inappropriate conduct in the workplace.
Ms. Santos serves on the MacArthur Justice Center Supreme Court & Appellate Advisory Board, and on the National Women’s Law Center’s Leadership Advisory Council.
Before joining Goodwin in 2013, Ms. Santos served as a law clerk to the Honorable George H. King of the U.S. District Court for the Central District of California, and to the Honorable Raymond C. Fisher of the U.S. Court of Appeals for the Ninth Circuit. In law school, she was a supervising editor for the Harvard Law Review.
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