David B. Smith, PLLC
David B. Smith has over 35 years of white collar criminal experience. He has litigated scores of cases and argued more than one hundred federal criminal appeals as a federal prosecutor and defense attorney, including extensive experience with civil and criminal litigation in the Supreme Court of the United States. Mr. Smith has been repeatedly named in the list of preeminent lawyers in the field of white collar criminal defense by Best Lawyers in America (2012-2021) and Virginia Super Lawyers (2009-2020), and has received the President’s Commendation for outstanding service from the National Association of Criminal Defense Lawyers in 1993, 1994, and 2004. He served for nine years on the Board of the NACDL and has been Chair of its Forfeiture Committee since 1990. He is also a Vice-Chair of its Amicus Committee.
For nearly a decade prior to entering private practice, Mr. Smith was a prosecutor in the Criminal Division of the United States Department of Justice and at the United States Attorney’s Office for the Eastern District of Virginia, where he was involved in complex white collar criminal investigations, trials, and appeals involving defense procurement fraud, congressional bribery, espionage, tax evasion, mail fraud, false claims and other crimes. In 1995-1996, Mr. Smith served as an Associate Independent Counsel in the investigation of Michael Espy, the former secretary of agriculture.
Mr. Smith is regarded as the foremost expert in the country on asset forfeiture law and practice. He is the author of the leading two-volume legal treatise on forfeiture, Prosecution and Defense of Forfeiture Cases (2020), published by Matthew Bender, and co-author of Civil RICO (2020), also published by Matthew Bender. He has testified before congressional committees several times with respect to forfeiture, restitution, and money laundering legislation. Mr. Smith has regularly counseled the Senate and House Judiciary Committees on forfeiture legislation, and was heavily involved in drafting the Civil Asset Forfeiture Reform Act of 2000. He has also assisted the federal advisory committees in writing the procedural rules governing criminal and civil forfeiture proceedings. In 2000-2001, Mr. Smith was appointed by Senator Richard Shelby (R. Ala.), the Chairman of the Senate Intelligence Committee, to serve as a Commissioner with the Judicial Review Commission on Foreign Asset Control.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Senior Counsel, Orrick, Herrington & Sutcliffe LLP
Michael J. Madigan is a litigation partner in Orrick's Washington, D.C., office. Mr. Madigan has more than 30 years of experience in white collar criminal investigations, congressional and corporate investigations, corporate governance issues and Washington, D.C., legislative and political issues. He began his legal career by serving as a federal prosecutor where he tried more than 100 jury trials. At age 30, he served as Counsel to Senator Howard Baker on the historic Senate Watergate Committee. In addition, Mr. Madigan has served as Chief Counsel for Senator Fred Thompson's Campaign Finance investigation, Counsel to the Church Committee and Minority Counsel of the Senate Intelligence Committee.
Mr. Madigan has successfully defended corporate and individual clients (including law firms and accounting firms) in a variety of complex criminal, civil and congressional investigations; conducted corporate internal investigations and counseled on corporate governance and Foreign Corrupt Practices Act issues.
Mr. Madigan has been elected to and/or been asked to serve on a variety of boards and has been involved in the major decision-making of each organization, including the Board of Governors of the D.C. Bar (elected to two three-year terms); the Board of Trustees of the District of Columbia Public Defender Service; the Boards of Directors of the Robert A. Shuker Scholarship Fund, Inc.; the Frederick B. Abramson Memorial Foundation, the D.C. Conference on Opportunities for Minorities in the Legal Profession, the Council for Court Excellence and the Bar Association of the District of Columbia (elected to two two-year terms).
Mr. Madigan has been appointed to serve on a number of commissions and committees, including the District of Columbia Federal Judicial Nominating Commission (federal judge selection), the Magistrate Judge Selection Committee (Vice Chairman), the D.C. Judicial Nomination Commission (local judge selection), the D.C. Circuit Judicial Conference and the Mayor's Corporation Counsel Advisory Committee. He has taught Trial Advocacy at the National Institute of Trial Advocacy for the past 20 years, where he received the "Justin Simon Award for Excellence in Teaching" and has been a Delegate to both the D.C. Circuit and D.C. Judicial Conferences for the last 15 years.
Mr. Madigan is a Fellow in the International Academy of Trial Lawyers and a "Master" in the Edward Bennett Williams Inn of Court. He is a Member of the Barristers, the Lawyers Club and the Cosmos Club.
President, TRACE International
Alexandra Wrage is the author of Bribery and Extortion: Undermining Business, Governments and Security and the host of the training DVD Toxic Transactions: Bribery, Extortion and the High Price of Bad Business produced by NBC. Ms. Wrage has written three compliance guidebooks and is a guest blogger on the Huffington Post. She speaks frequently on topics of international law, anti-corruption initiatives and the hidden costs of corruption.
Ms. Wrage currently serves on the Independent Governance Committee (IGC) of the Fédération Internationale de Football Association (FIFA), football’s governing body. She has previously served as Chair of the Anti-Corruption Committee of the ABA’s International Section and Chair of the International Legal Affairs Committee of the Association of Corporate Counsel. She has participated in anti-bribery working groups with the OECD and the UN Global Compact. Ms. Wrage was named one of the “Canadians Changing the World” by the Toronto Globe and Mail in 2011.
Prior to founding TRACE, Ms. Wrage was international counsel at Northrop Grumman where she was responsible for managing and improving the company’s FCPA program, including policy revisions, training, monitoring and board briefings.
Ms. Wrage, a Canadian, studied law at Kings College, Cambridge University. She is a member of the Maryland and District of Columbia bar associations.
Senior Research Fellow, Open Technology Institute, New America Foundation
As a Senior Research Fellow with New America's Open Technology Institute, Michael Calabrese focuses on developing and advocating policies to promote pervasive connectivity, including spectrum policy reform, wireless broadband deployment and IT investment and innovation more broadly. The founding director of New America's Wireless Future program, Mr. Calabrese also served as Vice President (2003-2010) and was instrumental in establishing the organization's programs in areas including retirement security, health policy and the Next Social Contract Initiative.
Previously, Mr. Calabrese served as General Counsel of the Congressional Joint Economic Committee, as Director of Domestic Policy Programs at the Center for National Policy, and as pension and employee benefits counsel at the national AFL-CIO.
An attorney and graduate of both Stanford Business and Law Schools, Mr. Calabrese speaks and writes frequently on issues related to spectrum, wireless broadband, and Internet policy, as well as on Next Social Contract issues related to improving retirement security and health coverage. He has co-authored three books and published opinion articles in The New York Times, The Washington Post, The Atlantic Monthly and other leading outlets.
H.H. Macaulay Endowed Professor of Economics, Clemson College of Business
Thomas Hazlett is the Hugh H. Macaulay Endowed Professor of Economics at Clemson University. He has previously held faculty positions at George Mason University, the University of California, Davis, and the Wharton School, and served as Chief Economist of the Federal Communications Commission. A noted expert in regulatory economics and information markets, his research has appeared in academic forums such as the Journal of Law & Economics, RAND Journal of Economics, the Journal of Financial Economics, the University of Pennsylvania Law Review and the Columbia Law Review. He has also written for such popular periodicals as the Wall Street Journal, The Economist, Slate, the N.Y. Times, N.Y. Daily News, Reuters.com, Business Week, The New Republic and the Financial Times. His most recent book, The Political Spectrum: The Tumultuous Liberation of Wireless Technology, from Herbert Hoover to the Smartphone, (Yale, 2017), was featured as one of the top tech books of the year at CES 2018.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Professor of Environmental Practice and Director, California Env, UC Davis School of Law
Richard M. Frank is a Professor of Environmental Practice and Director of the California Environmental Law and Policy Center (CELPC). Formerly the executive director of the Center for Law, Energy, & the Environment (CLEE) at UC Berkeley School of Law, Frank returned to UC Davis School of Law in January 2010. In addition to leading the CELPC, he teaches classroom courses in the environmental law curriculum.
Before coming to CLEE and UC Berkeley, Professor Frank practiced law with federal and state agencies for 32 years, most of that time with the California Department of Justice. Immediately before joining Berkeley Law, he served as California's Chief Deputy Attorney General for Legal Affairs.
In 2006, Governor Schwarzenegger appointed Frank to the Delta Vision Task Force, an advisory body asked to develop policy recommendations for the Governor and Legislature, addressing environmental problems confronting the California Delta. He served in that capacity in 2007-08. In May 2009, the Chair of the California Air Resources Board appointed Frank Vice Chair of the Economic Allocation & Advisory Committee, an advisory body formed to assist the Air Resources Board in implementing California's landmark Global Warming Solutions Act (AB 32).
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Agnes Williams Sesquicentennial Professor of Federal Courts, Georgetown Law
Stephen I. Vladeck is a professor of law at the Georgetown University Law Center, and is a nationally recognized expert on the federal courts; the Supreme Court; national security law; and military justice.
Vladeck is author of the New York Times bestselling book, “The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic,” which won the 2023 Writers’ League of Texas Book Award for Non-Fiction and was a finalist for the 2024 ABA Silver Gavel Award for Media and the Arts. Vladeck is also a highly regarded appellate advocate, having argued three cases before the U.S. Supreme Court and over a dozen before various lower federal civilian and military courts. He has received numerous awards for his influential and widely cited legal scholarship, his prolific popular writing, his teaching, and his service to the legal profession—including the 2024 University of Texas President’s Research Impact Award and his selection by the Order of the Coif to serve as its Distinguished Visiting Professor for 2025.
Vladeck is CNN’s Supreme Court analyst and editor and author of “One First,” a popular weekly newsletter about the Supreme Court. Together with Bobby Chesney, Vladeck co-hosts the popular and award-winning “National Security Law Podcast.” He is also a co-author of Aspen Publishers’ leading national security law and counterterrorism law casebooks. And he is a member of the Board of Trustees of EarthJustice—the nation’s premier nonprofit public interest environmental law organization.
Vladeck graduated from Yale Law School in 2004—where he was executive editor of the Yale Law Journal and won the Harlan Fiske Stone Prize for outstanding moot court oralist and shared the Potter Stewart Prize for best moot court team performance. After law school, he clerked for the Honorable Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit and the Honorable Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit. He earned a B.A. summa cum laude with Highest Distinction in History and Mathematics from Amherst College in 2001—where he wrote his senior thesis on “Leipzig’s Shadow: The War Crimes Trials of the First World War and Their Implications from Nuremberg to the Present.” A native New Yorker and hopeless Mets fan, Vladeck lives in the District with his wife, Karen (Founder and Managing Partner of Risepoint Search Partners); their daughters, Madeleine and Sydney; and their eleven-year-old pug, Roxanna.
Principal, Ely & Company, Inc.
Bert Ely has specialized in deposit insurance and banking structure issues since 1981. In 1986, he became an early predictor of the S&L crisis and a taxpayer bailout of the FSLIC. In 1991, he was the first person to correctly predict the non-crisis in commercial banking; in 1992, he predicted an eventual taxpayer bailout of the Japanese banking system.
Bert continuously monitors conditions in the banking and S&L industries, monetary policy, and the growing federalization of credit risk. He has helped to draft legislation to enact the cross-guarantee concept for privatizing banking regulation and its related deposit insurance and systemic risks. He has testified on numerous occasions before congressional committees on banking issues and he often speaks on these matters to bankers and others.
Bert first established his consulting practice in 1972. Before that, he was the chief financial officer of a public company, a consultant with Touche, Ross & Company, and an auditor with Ernst & Ernst. He received his MBA from the Harvard Business School in 1968 and his Bachelor's degree in economics in 1964 from Case Western Reserve University.
President, Center for Responsible Lending
Mr. Calhoun is President of the Center for Responsible Lending (CRL), a nonprofit, nonpartisan research and policy organization dedicated to protecting homeownership and family wealth by promoting access to fair terms of credit for low-wealth families. CRL has conducted or commissioned landmark studies on the impact of predatory lending laws, worked with states on legislative issues, and pressed for regulatory changes governing mortgage and payday lending. Mr. Calhoun has testified on the federal level in both the U.S House of Representatives and the U.S. Senate. He also currently serves as vice chair of the Federal Reserve Board’s Consumer Advisory Council.
CRL is an affiliate of the Center for Community Self-Help, a nonprofit community development lender, for which Mr. Calhoun has served as General Counsel. He also previously managed Self-Help’s home loan secondary market and real estate development programs. Self-Help’s mission is to create ownership and economic opportunity for women, rural residents and minority and low-wealth families through home mortgage and small business financing. It has provided over $5 billion in financing to more than 60,000 home buyers across the nation, with a loss rate of less than 0.5%.
Mr. Calhoun has specialized in consumer law for more than twenty five years. He has made presentations on predatory lending issues to many organizations, including the FDIC and the National Association of Attorneys General. He holds a B.A. in economics with honors from Duke University and a law degree from the University of North Carolina.
President, Canfield & Associates, Inc.
Anne Canfield is President of Canfield & Associates, Inc., a firm she formed in October 1996. Canfield & Associates, Inc. is a consulting firm providing strategic planning, policy advice, and representational services to major corporations on federal and state legislative and regulatory issues in the financial services, health care, tax, trade and budget policy areas. Ms. Canfield’s affiliated firm, Canfield Press, LLC, publishes The GSE Report, a publication that tracks and analyzes activities of the government-sponsored enterprises including Fannie Mae, Freddie Mac, the Federal Home Loans Banks, Ginnie Mae, Farmer Mac, the Postal Service, TVA, and assistance plans implemented by international governments to stabilize their financial systems. The GSE Report is distributed worldwide to public policy officials, academics, analysts, industry participants, and the media. Ms. Canfield’s firm also publishes the – Roadmap to Financial and Housing Market Stabilization Plans, a weekly publication that tracks the efforts of both the U.S.and worldwide governments to stabilize the financial system; Roadmap to the Dodd-Frank Act, a publication that tracks the requirements of the Act and the federal government’s agencies efforts to implement it; Roadmap to GSE Reform, a newer publication that tracks and compares the legislative initiatives that are being considered on Capitol Hill; The Mortgage Report, a quarterly publication that provides a comprehensive review of the legislative, regulatory and litigation challenges facing the mortgage industry; and the Washington Roundup, a weekly publication that summarizes the U.S. Government’s legislative and regulatory activities in key policy areas which are of interest to the firm’s clients. Prior to forming Canfield & Associates, Inc. Ms. Canfield was a Principal in the firm of McClure, Gerard & Neuenschwander, Inc. (MGN). Ms. Canfield joined MGN following ten years at GE/GE Capital Services. In that position, she developed and implemented corporate policy and legislative and regulatory strategies both domestically and abroad. Before joining GE Capital, Ms. Canfield had over eleven years of experience on Capitol Hill, working as a senior staff advisor for three Members of the U.S. House of Representatives, and then as the senior advisor and Senate Finance Committee aide to a member of the Senate Finance Committee. Ms. Canfield received degrees from Northwestern University and the University of Paris, Paris, France.
Senior Fellow, Mises Institute
Alex J. Pollock is a Senior Fellow with the Mises Institute, providing thought and policy leadership on financial issues and the study of financial systems. His work includes cycles of booms and busts, financial crises with their political responses, housing finance, government-sponsored enterprises, risk and uncertainty, central banking, banking and financial regulation, corporate governance, retirement finance, student loans, and the politics of finance.
He previously served as the Principal Deputy Director of the Office of Financial Research in the U.S. Treasury Department 2019-2021. He was a Distinguished Senior Fellow with the R Street Institute 2015-2019 and 2021, and a resident fellow at the American Enterprise Institute, 2004-2015. Among the many aspects of his AEI work, he developed the One Page Mortgage Form to give borrowers in clear form the key information they need in order to know what they are committing themselves to. He was President and CEO of the Federal Home Loan Bank of Chicago from 1991 to 2004. There he invented the Mortgage Partnership Finance program, which successfully created front-end mortgage credit risk sharing beginning in 1997. His decades of banking experience include being a Visiting Scholar at the Federal Reserve Bank of St. Louis, 1991.
Pollock was a director of the CME Group 2004-2019 and of Ascendium Education Group 1989-2019. He is a director and past-chairman of the Great Books Foundation and a past president of the International Union for Housing Finance.
He is the co-author of Surprised Again! - The COVID Crisis and the New Market Bubble (2022), and the author of Finance and Philosophy—Why We’re Always Surprised (2018) and Boom and Bust: Financial Cycles and Human Prosperity (2011), as well as numerous articles and Congressional testimony.
Pollock is a graduate of Williams College, the University of Chicago, and Princeton University.
His work is available on alexjpollock.com.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Partner, Davis Polk & Wardwell LLP
Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Senior Staff Attorney, Knight First Amendment Institute
Alex Abdo is a senior staff attorney at the Knight First Amendment Institute. Prior to joining the Institute, he was a senior staff attorney at the ACLU. He has been at the forefront of litigation relating to NSA surveillance, encryption, anonymous speech online, government transparency, and the post-9/11 abuse of detainees in U.S. custody. In 2015, he argued the closely watched appeal that resulted in the Second Circuit invalidating the NSA’s call-records program. He graduated from Yale College and Harvard Law School. After law school, Alex clerked for the Hon. Barbara M.G. Lynn, United States District Judge for the Northern District of Texas, and for the Hon. Rosemary Barkett, United States Circuit Judge for the Eleventh Circuit Court of Appeals.
Civil Asset Forfeiture
Supreme Court Review: 2011-2012 Term
Chicago, IllinoisForeign Corrupt Practices Act
Spectrum Policy in the Age of a Spectrum Crunch
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The Reach of Agency Authority: Sackett v. EPA
An Attack on Separation of Powers and Federal Judicial Power? An Analysis of the Constitutionality of Section 18 of the America Invents Act
Charles J. Cooper, Vincent J. Colatriano
Note from the Editor: This paper analyzes constitutional challenges to Section 18 of the recently...
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A Tavern Debate
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Kenneth L. Wainstein, Dean Reuter, Alex Abdo
The Foreign Intelligence Surveillance Act (FISA) has featured prominently in contemporary debates over the prosecution...