Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Assistant Unit Head, Defensive Litigation Unit, Delaware Department of Justice
Executive Director, Open Markets Institute
Barry Lynn directs the Open Markets Institute. Previously, he spent 15 years at the New America Foundation researching and writing about monopoly power. He is author of Cornered: The New Monopoly Capitalism and the Economics of Destruction (Wiley 2010) and End of the Line: The Rise and Coming Fall of the Global Corporation (Doubleday 2005).
Lynn's writings on the political and economic effects of the extreme consolidation of power in the United States have influenced the thinking of policymakers and antitrust professionals on both sides of the Atlantic. His work has been profiled on CBS and in the New York Times, and his articles have appeared in publications including Harper's, the Financial Times, Harvard Business Review, and Foreign Policy. He has appeared on CBS, PBS, CNN, the BBC, NPR, MSNBC, C-Span, and the Christian Broadcasting Network, among others. Prior to joining New America, Lynn was executive editor of Global Business Magazine for seven years, and worked as a correspondent in Peru, Venezuela, and the Caribbean for the Associated Press and Agence France Presse.
Partner, Baker Botts L.L.P.
Taylor Owings is a partner in the Antitrust and Competition Practice Group of Baker Botts L.L.P. She represents clients in civil merger and non-merger matters both in front of government agencies and in private litigation. She also counsels clients on the application of antitrust law to their business activities, with special experience in issues related to the digital economy.
Prior to joining the firm, Ms. Owings served as Senior Counsel and Chief of Staff in the Antitrust Division of the U.S. Department of Justice from 2018 to 2021. In that role, Ms. Owings was a key advisor to the Assistant Attorney General on the application of antitrust law to technology industries, including in the Department of Justice’s review of the business practices of market-leading online platforms and in the application of antitrust law to the exercise of intellectual property rights and standard setting organizations. As Chief of Staff of the Antitrust Division, Ms. Owings was responsible for ensuring the high quality of all public advocacy issued by the Division, including court filings, policy statements, and speeches.
Ms. Owings has experience crafting both trial and appellate strategy in headline-making antitrust litigations. She has argued in the First and Fourth Circuits. Earlier in her career, she clerked for the Honorable Douglas H. Ginsburg on the U.S. Court of Appeals for the D.C. Circuit, and for the Honorable Richard J. Leon on the U.S. District Court for the District of Columbia.
Ms. Owings handles all aspects of merger review. She draws on her first-hand experience investigating and reviewing mergers at the Antitrust Division to advise clients and to represent them in front of the agencies. She has special experience in merger matters with complex legal questions, for instance vertical mergers, the acquisition of a nascent or potential competitor, and the implications of a merger on innovation and data accumulation.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Shareholder, Littler Mendelson PC
Matthew J. Hank practices employment law, including issues arising under the common law and various statutes:
He particularly focuses on disputes concerning (1) wage and hour class actions (including cases involving independent contractor relationships, overtime claims, and payroll debit cards) and (2) noncompetition agreements and trade secrets.
Matthew served as a law clerk to the Hon. Daniel Manion of the U.S. Court of Appeals for the Seventh Circuit and the Hon. Paul V. Gadola of the U.S. District Court for the Eastern District of Michigan. Before attending law school, he served for four years on active duty in the United States Army as an Armor officer.
Partner, Jones Day
Don McGahn represents clients before government agencies, in enforcement matters, and in court disputes arising from government regulation or action. He handles litigation, crisis management, regulatory compliance, and political issues.
Prior to rejoining Jones Day in 2019, Don served as Counsel to the President of the United States, advising Donald J. Trump on all legal issues concerning the President and his administration, including constitutional and statutory authority, executive orders, international agreements, tariffs, trade, administrative law, and national security. Don also managed the judicial selection process for the President. During Don's tenure, a historic number of judges were appointed to the federal bench, including two Supreme Court justices. In addition, he spearheaded President Trump's deregulation efforts, which resulted in deregulation at record rates. Following Don's departure from the White House, the President appointed him to the Council of the Administrative Conference of the United States, a nonpartisan, independent agency dedicated to promoting improvement to administrative agency processes.
Don's accomplishments have been recognized at the highest levels of government. Senate Majority Leader Mitch McConnell stated that Don concluded his tenure "not only as the best White House Counsel I've seen on the job, but more broadly, as one of the most successful and consequential aides to any President in recent memory."
Don was nominated by President George W. Bush in 2008, and confirmed in the Senate by unanimous consent, to serve as a member of the Federal Election Commission. He also served as outside Counsel to the Committee on House Administration during the 113th and 114th Congresses and as general counsel to the National Republican Congressional Committee.
Professor of Law, University of Notre Dame Law School
Emily Bremer teaches and writes in the areas of administrative law, regulatory process, and civil procedure. Her scholarship focuses primarily on matters of procedural design, with a recent focus on the history and interpretation of the Administrative Procedure Act (APA). She is a recipient of the AALS’s award for the year’s best administrative law scholarship by a junior scholar and the AALL’s Joseph L. Andrew’s Legal Literature Award for her contribution to the Bremer-Kovacs Collection of Historical Documents Related to the APA (HeinOnline). Bremer’s articles include a defense forthcoming in the Virginia Law Review of the constitutionality of the APA’s regime for ensuring the competence and impartiality of Administrative Law Judges; a plea in the Yale Journal on Regulation for administrative law to take greater account of the on-the-ground reality of administration; twin articles uncovering the intellectual foundation and meaning of the APA’s adjudication and rulemaking provisions; and three separate studies that served as the basis of recommendations of the Administrative Conference of the United States (ACUS) on the subjects of agency declaratory orders, incorporation by reference, and statutory limitations on the jurisdiction of the Court of Federal Claims. Bremer serves as a Senior Fellow of ACUS, a co-editor of the administrative law section of Jotwell, and a regular contributor to the Yale Journal on Regulation’s Notice & Comment blog.
Shareholder, Littler Mendelson PC
Matthew J. Hank practices employment law, including issues arising under the common law and various statutes:
He particularly focuses on disputes concerning (1) wage and hour class actions (including cases involving independent contractor relationships, overtime claims, and payroll debit cards) and (2) noncompetition agreements and trade secrets.
Matthew served as a law clerk to the Hon. Daniel Manion of the U.S. Court of Appeals for the Seventh Circuit and the Hon. Paul V. Gadola of the U.S. District Court for the Eastern District of Michigan. Before attending law school, he served for four years on active duty in the United States Army as an Armor officer.
Judge, United States Court of Appeals, Third Circuit
Judge Paul Matey was appointed to the United States Court of Appeals for the Third Circuit in 2019 by President Trump.
Before his judicial service, Judge Matey was a partner at Lowenstein Sandler in New Jersey where he practiced complex commercial litigation and criminal defense. Earlier, Judge Matey was the Senior Vice President, General Counsel and Secretary for University Hospital Newark, an academic medical center and teaching hospital.
He also served as the Deputy Chief Counsel to Governor Chris Christie, and as an Assistant United States Attorney in the District of New Jersey, where he was awarded the Justice Department’s Director’s Award for Superior Performance. He also practiced at the Washington D.C. firm of Kellogg, Hansen, Todd, Figel & Frederick, and served as a law clerk to judges on the United States Court of Appeals for the Third Circuit and the United States District Court for the District of New Jersey.
He earned his bachelor’s degree from the University of Scranton, a Jesuit University, in 1993, and his juris doctorate, summa cum laude, from Seton Hall University School of Law in 2001, where he served as Editor-in-Chief of the Seton Hall Law Review.
In 2019, Judge Matey was elected to membership in the American Law Institute and, since 2020, has lectured on administrative law and the American legal history at Seton Hall.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Professor of Legal Studies & Business Ethics, The Wharton School, The University of Pennsylvania
David Zaring’s scholarship addresses administrative and regulatory law from an international perspective. Professor Zaring comes to the business school from the Washington & Lee University School of Law. At Washington & Lee, he was an assistant professor and Alumni Faculty Fellow from 2005 to 2007. He had previously served as Acting Assistant Professor in the Lawyering Program at New York University School of Law from 2002 to 2005, and as a visiting professor at Vanderbilt Law School in the fall of 2007. After graduating magna cum laude from Harvard Law School, Professor Zaring clerked for Chief Judge William Matthew Byrne Jr. of the U.S. District Court for the Central District of California and then for Judge Judith Rogers on the US. Court of Appeals for the D.C. Circuit. He served as a trial attorney for the U.S. Department of Justice in the Federal Programs Branch of the Civil Division and as a special assistant to the General Counsel in the U.S. Department of Housing and Urban Development before entering the academy.
Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Professor of Law, University of Notre Dame Law School
Emily Bremer teaches and writes in the areas of administrative law, regulatory process, and civil procedure. Her scholarship focuses primarily on matters of procedural design, with a recent focus on the history and interpretation of the Administrative Procedure Act (APA). She is a recipient of the AALS’s award for the year’s best administrative law scholarship by a junior scholar and the AALL’s Joseph L. Andrew’s Legal Literature Award for her contribution to the Bremer-Kovacs Collection of Historical Documents Related to the APA (HeinOnline). Bremer’s articles include a defense forthcoming in the Virginia Law Review of the constitutionality of the APA’s regime for ensuring the competence and impartiality of Administrative Law Judges; a plea in the Yale Journal on Regulation for administrative law to take greater account of the on-the-ground reality of administration; twin articles uncovering the intellectual foundation and meaning of the APA’s adjudication and rulemaking provisions; and three separate studies that served as the basis of recommendations of the Administrative Conference of the United States (ACUS) on the subjects of agency declaratory orders, incorporation by reference, and statutory limitations on the jurisdiction of the Court of Federal Claims. Bremer serves as a Senior Fellow of ACUS, a co-editor of the administrative law section of Jotwell, and a regular contributor to the Yale Journal on Regulation’s Notice & Comment blog.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Donald Phillip Rothschild Research Professor, George Washington University Law School
Renée Lettow Lerner is Donald Phillip Rothschild Research Professor of Law at George Washington University Law School.
Professor Lerner works in the fields of U.S. and English legal history, civil and criminal procedure, and comparative law. She advises judges, lawyers, and government officials from the United States and countries in Europe, Latin America, and Asia about the differences between adversarial and nonadversarial legal systems.
She writes extensively about the history of American juries. Her work includes not only scholarly articles, but also online publications intended for a broader audience of legal professionals and the public. In many different settings, she has debated the role of juries with other academics and with lawyers. She has a book forthcoming with Oxford University Press in the Very Short Introduction Series entitled “The Jury.” She is also working on a book about the American civil jury, from the colonial period to the present.
She is the author, with John Langbein and Bruce Smith, of the book History of the Common Law: The Development of Anglo-American Legal Institutions (2009).
Her recent writings include a book review of Amalia D. Kessler’s Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877, 67 J. Legal Ed. 888 (2018); “How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury,” 40 Journal of the Legal Profession 215 (2016); “The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury,” in Magna Carta and its Modern Legacy 77-98 (Robert Hazell and James Melton eds., Cambridge University Press 2015); and “The Failure of Originalism in Preserving Constitutional Rights to Civil Jury Trial,” 22 William & Mary Bill of Rights Journal 811 (2014).
Professor Lerner received an A.B. summa cum laude in history from Princeton University. She was a Rhodes Scholar at Oxford University, where she studied English legal history. At Yale Law School, she was Articles Editor of the Yale Law Journal. She served as a law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Judge Stephen F. Williams of the U.S. Court of Appeals for the District of Columbia Circuit. From 2003 to 2005, she served as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice.
Executive Director, Open Markets Institute
Barry Lynn directs the Open Markets Institute. Previously, he spent 15 years at the New America Foundation researching and writing about monopoly power. He is author of Cornered: The New Monopoly Capitalism and the Economics of Destruction (Wiley 2010) and End of the Line: The Rise and Coming Fall of the Global Corporation (Doubleday 2005).
Lynn's writings on the political and economic effects of the extreme consolidation of power in the United States have influenced the thinking of policymakers and antitrust professionals on both sides of the Atlantic. His work has been profiled on CBS and in the New York Times, and his articles have appeared in publications including Harper's, the Financial Times, Harvard Business Review, and Foreign Policy. He has appeared on CBS, PBS, CNN, the BBC, NPR, MSNBC, C-Span, and the Christian Broadcasting Network, among others. Prior to joining New America, Lynn was executive editor of Global Business Magazine for seven years, and worked as a correspondent in Peru, Venezuela, and the Caribbean for the Associated Press and Agence France Presse.
Judge, United States Court of Appeals, Third Circuit
Judge Paul Matey was appointed to the United States Court of Appeals for the Third Circuit in 2019 by President Trump.
Before his judicial service, Judge Matey was a partner at Lowenstein Sandler in New Jersey where he practiced complex commercial litigation and criminal defense. Earlier, Judge Matey was the Senior Vice President, General Counsel and Secretary for University Hospital Newark, an academic medical center and teaching hospital.
He also served as the Deputy Chief Counsel to Governor Chris Christie, and as an Assistant United States Attorney in the District of New Jersey, where he was awarded the Justice Department’s Director’s Award for Superior Performance. He also practiced at the Washington D.C. firm of Kellogg, Hansen, Todd, Figel & Frederick, and served as a law clerk to judges on the United States Court of Appeals for the Third Circuit and the United States District Court for the District of New Jersey.
He earned his bachelor’s degree from the University of Scranton, a Jesuit University, in 1993, and his juris doctorate, summa cum laude, from Seton Hall University School of Law in 2001, where he served as Editor-in-Chief of the Seton Hall Law Review.
In 2019, Judge Matey was elected to membership in the American Law Institute and, since 2020, has lectured on administrative law and the American legal history at Seton Hall.
Partner, Jones Day
Don McGahn represents clients before government agencies, in enforcement matters, and in court disputes arising from government regulation or action. He handles litigation, crisis management, regulatory compliance, and political issues.
Prior to rejoining Jones Day in 2019, Don served as Counsel to the President of the United States, advising Donald J. Trump on all legal issues concerning the President and his administration, including constitutional and statutory authority, executive orders, international agreements, tariffs, trade, administrative law, and national security. Don also managed the judicial selection process for the President. During Don's tenure, a historic number of judges were appointed to the federal bench, including two Supreme Court justices. In addition, he spearheaded President Trump's deregulation efforts, which resulted in deregulation at record rates. Following Don's departure from the White House, the President appointed him to the Council of the Administrative Conference of the United States, a nonpartisan, independent agency dedicated to promoting improvement to administrative agency processes.
Don's accomplishments have been recognized at the highest levels of government. Senate Majority Leader Mitch McConnell stated that Don concluded his tenure "not only as the best White House Counsel I've seen on the job, but more broadly, as one of the most successful and consequential aides to any President in recent memory."
Don was nominated by President George W. Bush in 2008, and confirmed in the Senate by unanimous consent, to serve as a member of the Federal Election Commission. He also served as outside Counsel to the Committee on House Administration during the 113th and 114th Congresses and as general counsel to the National Republican Congressional Committee.
Partner, Baker Botts L.L.P.
Taylor Owings is a partner in the Antitrust and Competition Practice Group of Baker Botts L.L.P. She represents clients in civil merger and non-merger matters both in front of government agencies and in private litigation. She also counsels clients on the application of antitrust law to their business activities, with special experience in issues related to the digital economy.
Prior to joining the firm, Ms. Owings served as Senior Counsel and Chief of Staff in the Antitrust Division of the U.S. Department of Justice from 2018 to 2021. In that role, Ms. Owings was a key advisor to the Assistant Attorney General on the application of antitrust law to technology industries, including in the Department of Justice’s review of the business practices of market-leading online platforms and in the application of antitrust law to the exercise of intellectual property rights and standard setting organizations. As Chief of Staff of the Antitrust Division, Ms. Owings was responsible for ensuring the high quality of all public advocacy issued by the Division, including court filings, policy statements, and speeches.
Ms. Owings has experience crafting both trial and appellate strategy in headline-making antitrust litigations. She has argued in the First and Fourth Circuits. Earlier in her career, she clerked for the Honorable Douglas H. Ginsburg on the U.S. Court of Appeals for the D.C. Circuit, and for the Honorable Richard J. Leon on the U.S. District Court for the District of Columbia.
Ms. Owings handles all aspects of merger review. She draws on her first-hand experience investigating and reviewing mergers at the Antitrust Division to advise clients and to represent them in front of the agencies. She has special experience in merger matters with complex legal questions, for instance vertical mergers, the acquisition of a nascent or potential competitor, and the implications of a merger on innovation and data accumulation.
Judge, United States Court of Appeals, Third Circuit
David J. Porter is a judge on the United States Court of Appeals for the Third Circuit. He was nominated by President Donald Trump and confirmed on October 11, 2018. Before his appointment, he was a shareholder at Buchanan Ingersoll & Rooney PC, where he practiced commercial and civil litigation. Porter received his bachelor’s degree from Grove City College and his J.D. from the George Mason University School of Law. He clerked for Judge D. Brooks Smith on the United States District Court for the Western District of Pennsylvania.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Professor of Legal Studies & Business Ethics, The Wharton School, The University of Pennsylvania
David Zaring’s scholarship addresses administrative and regulatory law from an international perspective. Professor Zaring comes to the business school from the Washington & Lee University School of Law. At Washington & Lee, he was an assistant professor and Alumni Faculty Fellow from 2005 to 2007. He had previously served as Acting Assistant Professor in the Lawyering Program at New York University School of Law from 2002 to 2005, and as a visiting professor at Vanderbilt Law School in the fall of 2007. After graduating magna cum laude from Harvard Law School, Professor Zaring clerked for Chief Judge William Matthew Byrne Jr. of the U.S. District Court for the Central District of California and then for Judge Judith Rogers on the US. Court of Appeals for the D.C. Circuit. He served as a trial attorney for the U.S. Department of Justice in the Federal Programs Branch of the Civil Division and as a special assistant to the General Counsel in the U.S. Department of Housing and Urban Development before entering the academy.
Deputy Policy Director, U.S. Senate Committee on Commerce, Science, & Transportation
Dan Ball is a Deputy Policy Director with the Senate Committee on Commerce, Science, and Transportation, where he handles the Communications, Technology, Innovation, and Internet portfolio. He has previously practiced telecommunications law at law firms and at the FCC.
Senior Policy Advisor and Senior Technology Counsel, Senator Mark Warner
Rafi Martina currently serves as Senior Policy Advisor for Senator Mark Warner (D-Virginia). In this capacity, he acts as the senator’s principal advisor on cybersecurity, technology, telecommunications, competition, and consumer protection issues. Mr. Martina serves as Senator Warner’s principal cybersecurity and technology advisor across his committee assignments, including the Senate Banking Committee and Senate Select Committee on Intelligence, along with the Senator's work as Co-Chair of the Senate Cybersecurity Caucus.
He has spearheaded the Senator’s work on addressing social media disinformation, including by authoring the Honest Ads Act, authored numerous pieces of legislation the Senator has led on information security, including the IoT Cybersecurity Improvement Act of 2017, and drafted the Senator’s influential white paper developing policy proposals for the regulation of social media and technology firms.
Prior to joining Senator Warner’s staff, Mr. Martina served as regulatory counsel for Sprint Corp. from 2011-2015, where he represented Sprint in major rulemaking proceedings, mergers and acquisitions, and cases before the Federal Communications Commission, the National Telecommunications and Information Administration, the Department of Justice, and federal courts.
Before joining Sprint, Mr. Martina was the recipient of a post-graduate fellowship from the University of Virginia School of Law Foundation. Under the auspices of his fellowship, he acted as a legal fellow and staff attorney for FCC Commissioner Meredith Attwell Baker from 2010-2011.
Mr. Martina graduated from the University of Virginia School of Law. He received his Bachelors of Arts (with high honors) in Political Science from the University of Michigan and was a visiting scholar at Oxford University (Worcester College).
Senior Counsel and Director of Strategic Engagement, Alliance Defending Freedom
Jordan Lorence serves as senior counsel and director of strategic engagement with Alliance Defending Freedom, where he plays a key role with the Strategic Relations & Training Team. His work has encompassed a broad range of litigation, with a primary focus on religious liberty, free speech, student privacy, conscience rights of creative professionals, and the First Amendment freedoms of public university students and professors.
Lorence argued before the U.S. Supreme Court in the precedent-setting Southworth v. Board of Regents of the University of Wisconsin System case in 1999, challenging the university’s requirement that forced unwilling students to contribute to campus activist groups. He led the challenge to New York City’s ban on private worship services after hours in vacant public school buildings in the long-running Bronx Household of Faith v. Board of Education of the City of New York case. Lorence also defended the right of conscience in Elane Photography v. Willock at the New Mexico Supreme Court.
Lorence has made media appearances on television and radio shows including Fox News, NBC’s Today Show, and National Public Radio’s All Things Considered. His commentary has also appeared in The Wall Street Journal, USA Today, The New York Daily News, The New York Post, The Philadelphia Inquirer, The Washington Times, The Hill, and National Review.
Before officially joining the organization in 2001, Lorence was a productive allied attorney for many years, actively involved in significant litigation for ADF. He has also worked for the Home School Legal Defense Association, Concerned Women for America, and the American Center for Law and Justice. Lorence earned a J.D. from the University of Minnesota Law School and received a B.A. in journalism from Stanford University. He is admitted to the bar in Minnesota, Virginia, the District of Columbia, the U.S. Supreme Court, and multiple federal appellate and district courts.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
Professor of Law, Antonin Scalia Law School, George Mason University
Helen Alvaré is a Professor of Law at Antonin Scalia Law School, George Mason University, where she teaches Family Law, Law and Religion, and Property Law. She publishes on matters concerning marriage, parenting, non-marital households, and the First Amendment religion clauses. She is faculty advisor to the law school’s Civil Rights Law Journal, and the Latino/a Law Student Association, a Member of the Holy See’s Dicastery for Laity, Family and Life (Vatican City), a board member of Catholic Relief Services, a member of the Executive Committee of the AALS’ Section on Law and Religion, and an ABC news consultant. She cooperates with the Permanent Observer Mission of the Holy See to the United Nations as a speaker and a delegate to various United Nations conferences concerning women and the family.
In addition to her books, and her publications in law reviews and other academic journals, Professor Alvaré publishes regularly in news outlets including the New York Times, the Washington Post, the Huffington Post, and CNN.com. She also speaks at academic and professional conferences in the United States, Europe, Latin America and Australia.
Prior to joining the faculty of Scalia Law, Professor Alvaré taught at the Columbus School of Law at the Catholic University of America; represented the U.S. Conference of Catholic Bishops before legislative bodies, academic audiences and the media; and was a litigation attorney for the Philadelphia law firm of Stradley, Ronon, Stevens & Young.
Professor Alvaré received her law degree from Cornell University School of Law and her master’s degree in Systematic Theology from the Catholic University of America.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
McCormick Professor of Jurisprudence; Director, James Madison Program, Princeton University
Robert P. George is McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions at Princeton University. He has several times been a Visiting Professor at Harvard Law School. He has served as Chairman of the U.S. Commission on International Religious Freedom and on the U.S. Commission on Civil Rights and the President’s Council on Bioethics. He has also served as the U.S. member of UNESCO’s World Commission on the Ethics of Scientific Knowledge and Technology. He was a Judicial Fellow at the Supreme Court of the United States, where he received the Justice Tom C. Clark Award. A Phi Beta Kappa graduate of Swarthmore, he holds the degrees of J.D. and M.T.S. from Harvard University and the degrees of D.Phil., B.C.L., D.C.L., and D.Litt. from Oxford University, in addition to twenty-one honorary doctorates. He is a recipient of the U.S. Presidential Citizens Medal, the Honorific Medal for the Defense of Human Rights of the Republic of Poland, the Canterbury Medal of the Becket Fund for Religious Liberty, the Bradley Prize, the Irving Kristol Award of the American Enterprise Institute, and Princeton University’s President’s Award for Distinguished Teaching. His books include Making Men Moral: Civil Liberties and Public Morality and In Defense of Natural Law (both published by Oxford University Press), as well as The Clash of Orthodoxies and Conscience and Its Enemies (both published by ISI Books).
Senior Research Scholar in Law, Yale Law School
Linda Greenhouse is Senior Research Scholar in Law at Yale Law School. She covered the Supreme Court for The New York Times between 1978 and 2008 and writes a biweekly op-ed column on law as a contributing columnist. Ms. Greenhouse received several major journalism awards during her 40-year career at the Times, including the Pulitzer Prize (1998) and the Goldsmith Career Award for Excellence in Journalism from Harvard University’s Kennedy School (2004). In 2002, the American Political Science Association gave her its Carey McWilliams Award for “a major journalistic contribution to our understanding of politics.” Her books include a biography of Justice Harry A. Blackmun, Becoming Justice Blackmun; Before Roe v. Wade: Voices That Shaped the Abortion Debate Before the Supreme Court's Ruling (with Reva B. Siegel); The U.S. Supreme Court, A Very Short Introduction, published by Oxford University Press in 2012; and The Burger Court and the Rise of the Judicial Right, with Michael J. Graetz, published in 2016. Her latest book is Just a Journalist: Reflections on the Press, Life, and the Spaces Between, published by Harvard University Press in 2017. In her extracurricular life, Ms. Greenhouse is president of the American Philosophical Society, the country's oldest learned society, which in 2005 awarded her its Henry Allen Moe Prize for writing in jurisprudence and the humanities. She also serves on the council of the American Academy of Arts and Sciences, the national Senate of Phi Beta Kappa, and is one of two non-lawyer honorary members elected to the American Law Institute, which in 2002 awarded her its Henry J. Friendly Medal. She has been awarded thirteen honorary degrees. She is a 1968 graduate of Radcliffe College (Harvard) and earned a Master of Studies in Law degree from Yale Law School (1978), which she attended on a Ford Foundation fellowship. She is married to Eugene R. Fidell, Florence Rogatz Lecturer in Law at Yale. Their daughter, Hannah, is a filmmaker in Los Angeles.
Co-Dean and Professor of Law, Rutgers Law School in Camden
Kimberly Mutcherson is Co-Dean and Professor of Law at Rutgers Law School in Camden. Her scholarly work is at the intersection of family law, health law, and bioethics. She writes on issues related to reproductive justice, with a focus on assisted reproduction, abortion, and maternal-fetal decision-making.
Professor Mutcherson teaches Family Law, Torts, South African Constitutional Law, and Bioethics, Babies, & Babymaking. She has served as a Senior Fellow/Sabbatical Visitor at the Center for Gender and Sexuality Law at Columbia Law School, a Visiting Scholar at the Center for Bioethics at the University of Pennsylvania, and as a fellow at the Institute for Research on Women at Rutgers University. She won a Center for Reproductive Rights Innovation in Scholarship Award in 2013 and a Chancellor’s Teaching Excellence Award in 2011.
She received her B.A. in history from the University of Pennsylvania and her J.D. from Columbia Law School where she was a Stone Scholar. At Columbia, she received the Samuel I. Rosenman Prize for excellence in public law courses and outstanding qualities of citizenship and leadership in the law school. She also received the Kirkland and Ellis Fellowship for post-graduate public interest work. Prior to joining the faculty at Rutgers School of Law in 2002, Professor Mutcherson was an Acting Assistant Professor of Lawyering at the New York University School of Law, a consulting attorney at the Center for Reproductive Law and Policy (now the Center for Reproductive Rights), and a Staff Attorney at the HIV Law Project.
Professor and Director, Prolife Center, University of St. Thomas School of Law
Teresa Collett, J.D., is professor at the University of St. Thomas School of Law, where she serves as director of the school's Prolife Center. Collett received her doctorate at the University of Oklahoma College of Law. As a well-known advocate for the protection of human life and the family, Collett specializes in the subjects of marriage, religion and bioethics in her research.
Collett has published numerous legal articles and is the co-author of a law casebook on professional responsibility and co-editor of a collection of essays exploring “catholic” and “Catholic” perspectives on American law. She is an elected member of the American Law Institute, and has testified before committees of the U.S. Senate and House of Representatives, as well as before legislative committees in several states.
In 2009, Pope Benedict XVI appointed Collett to a five-year term on the Pontifical Council for the Family. Her appointment was renewed by His Holiness Pope Francis until 2016 when the responsibilities of the Council were assumed by the Dicastery for the Laity, Family and Life. In 2013, she served as a delegate to the International Conference on Population and Development (ICPD) for the Mission of the Holy See to the United Nations.
She represented Congressman Ron Paul and various medical groups in the defense of the U.S. federal ban of partial-birth abortion, and the governors of Minnesota and North Dakota defending the N.H. requirement of state parental involvement prior to performance of an abortion on a minor before the U.S. Supreme Court. Collett is often asked to represent the interests of government officials before federal appellate courts. She has served as special attorney general for the states of Oklahoma and Kansas, as well as assisting other state attorneys general in defending laws protecting human life and marriage. Prior to joining St. Thomas in 2003, Collett taught at the South Texas College of Law, where she established the nation's first annual symposium on legal ethics.
Deputy Policy Director, U.S. Senate Committee on Commerce, Science, & Transportation
Dan Ball is a Deputy Policy Director with the Senate Committee on Commerce, Science, and Transportation, where he handles the Communications, Technology, Innovation, and Internet portfolio. He has previously practiced telecommunications law at law firms and at the FCC.
Senior Policy Advisor and Senior Technology Counsel, Senator Mark Warner
Rafi Martina currently serves as Senior Policy Advisor for Senator Mark Warner (D-Virginia). In this capacity, he acts as the senator’s principal advisor on cybersecurity, technology, telecommunications, competition, and consumer protection issues. Mr. Martina serves as Senator Warner’s principal cybersecurity and technology advisor across his committee assignments, including the Senate Banking Committee and Senate Select Committee on Intelligence, along with the Senator's work as Co-Chair of the Senate Cybersecurity Caucus.
He has spearheaded the Senator’s work on addressing social media disinformation, including by authoring the Honest Ads Act, authored numerous pieces of legislation the Senator has led on information security, including the IoT Cybersecurity Improvement Act of 2017, and drafted the Senator’s influential white paper developing policy proposals for the regulation of social media and technology firms.
Prior to joining Senator Warner’s staff, Mr. Martina served as regulatory counsel for Sprint Corp. from 2011-2015, where he represented Sprint in major rulemaking proceedings, mergers and acquisitions, and cases before the Federal Communications Commission, the National Telecommunications and Information Administration, the Department of Justice, and federal courts.
Before joining Sprint, Mr. Martina was the recipient of a post-graduate fellowship from the University of Virginia School of Law Foundation. Under the auspices of his fellowship, he acted as a legal fellow and staff attorney for FCC Commissioner Meredith Attwell Baker from 2010-2011.
Mr. Martina graduated from the University of Virginia School of Law. He received his Bachelors of Arts (with high honors) in Political Science from the University of Michigan and was a visiting scholar at Oxford University (Worcester College).
Partner, Patrick Doerr
Mr. Rando has represented clients in matters involving computer hardware and software, silicon chip manufacturing, biotechnology, medical devices, pharmaceuticals, chemical compounds, food additives, alternative energy, AI, autonomous vehicles, blockchain, consumer electronics, communications, internet, and e-commerce. He has appeared in courts across the country, including the Southern and Eastern Districts of New York and multiple U.S. Courts of Appeals.
As appellate counsel, Mr. Rando has served as counsel of record or co-counsel in more than 30 amicus briefs filed before the U.S. Supreme Court and Federal Circuit on issues of patent law, statutory interpretation, separation of powers, and constitutional law. Noteworthy filings include eBay Inc. v. MercExchange (2006), Oil States v. Greene’s Energy (2017), American Axle v. Neapco (2021), Amgen v. Sanofi (2023), and Cellect v. Vidal (2024).
Mr. Rando is a Fellow of the Academy of Court-Appointed Masters, having served by judicial appointment as Special Master in numerous complex patent cases, including multi-day Markman hearings and post-discovery proceedings. He also serves as a court-appointed Mediator and Neutral in both patent and commercial disputes.
He has played an active role in judicial and legislative engagement. Mr. Rando co-developed and conducted lecture series for the SDNY and EDNY Patent Pilot Program Judges and Clerks, covering the America Invents Act and Section 101 eligibility post-Alice and Mayo. He represented both the Federal Bar Association (FBA) and New York Intellectual Property Law Association (NYIPLA) at the Tillis/Coons Section 101 Patent Reform Roundtable, and submitted written testimony to the U.S. Senate Judiciary Committee in 2019.
Mr. Rando is a former president of the NYIPLA (2023–2024) and has held nearly every leadership position in the organization. He also served as Chair of the FBA’s Intellectual Property Law Section and was a founding member and president of the FBA’s EDNY Chapter. He is a founding member of the Association of Amicus Counsel, and an active contributor to the Federalist Society IP Practice Group Executive Committee.
He frequently lectures at CLE programs, universities, and legal associations on IP, constitutional law, and appellate advocacy. He has been quoted extensively in publications such as Law360, Bloomberg Law, WIPR, and National Law Journal. His scholarly publications include articles in The Federal Lawyer, Touro Law Review, and IPWatchdog.
Panel Two: Regulation of Big Tech
Third Circuit Chapters Conference
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Third Circuit Chapters Conference
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