Director, Faculty Relations, The Federalist Society
Katie McClendon is the Director of Faculty Relations at the Federalist Society, where she has worked since 2015.
Katie holds a J.D. from the University of Pennsylvania Law School and a B.A. in Political Science from Biola University, where she was a member of the Torrey Honors Institute. She is a fellow of the John Jay Institute and the Blackstone Legal Fellowship. Katie is originally from Los Angeles, and she now lives with her husband and four children in Atlanta.
Partner, Fusion Law, PLLC
Paul is the founding partner of Fusion Law, PLLC. He has extensive experience with state, federal, and global regulators building coalitions and implementing policies to promote innovation in financial services. He is responsible for designing and implementing the first state (Arizona) and federal (CFPB) FinTech sandboxes in the United States. He also designed the CFPB no-action letter and trial disclosure policies. He helped found the first global regulatory innovation coalition (Global Financial Innovation Network) and led the founding of the first U.S. regulatory innovation coalition (American Consumer Financial Innovation Network). He served on the Financial Stability Oversight Council subcommittee on digital assets. He also has drafted state-level laws on blockchain and utility tokens.
Paul also has significant enforcement and litigation experience. He led many multi-state consumer protection enforcement matters as Civil Litigation Division Chief at the Arizona Attorney General’s Office.
Prior to his government service, Paul practiced law in the areas of securities litigation and transactional work for approximately six years at two well-known law firms. He also clerked on the U.S. Court of Appeals for the Fourth Circuit.
Legal Counsel, Alliance Defending Freedom
Kathleen Barceleau serves as legal counsel for Allied Legal Affairs and Advocacy Strategy at Alliance Defending Freedom. In that role, she works to coordinate and deploy network attorneys to further ADF’s mission and conducts research in support of ADF’s strategic plans.
Before joining ADF, Barceleau was Of Counsel at Fusion Law, where she focused on financial regulation and policy issues. Previously, she served as an Assistant Attorney General for the State of Kansas, where she represented Kansas and its officials in civil rights and constitutional litigation in both state and federal courts. She also served as a law clerk to the Hon. Robert H. Cleland on the U.S. District Court for the Eastern District of Michigan.
Barceleau received her J.D. summa cum laude from Ave Maria School of Law. She is a 2016 Blackstone Fellow. Before law school, Barceleau graduated summa cum laude from Ave Maria University with a Bachelor of Arts in Classics and Early Christian Literature and Economics. Barceleau is admitted to the state bar of Michigan.
Senior Counsel, Miller Johnson
Brett Swearingen is a Senior Counsel in Miller Johnson’s Employment and Labor practice. A native of Southwest Michigan, Brett’s practice focuses on employment and ERISA litigation, as well as counseling clients on employment matters and dealing with the government.
Mr. Swearingen litigates on behalf of clients in complex matters of employment and ERISA law, including FLSA collective actions, multiemployer pension withdrawal liability disputes, and government investigations. In addition, Brett regularly advises clients—especially state and federal contractors and grantees—on compliance with civil rights laws, as well as religious non-profits on matters regarding employment law and religious liberty. Brett is also experienced in the statistical analysis of workplace issues, such as using “disparate impact analysis” to help employers test for (and root out) potential discriminatory effects of workplace policies and practices.
Brett previously served as Counselor to the Deputy Secretary at the United States Department of Labor. At the DOL, he advised the Deputy Secretary and Secretary on employee benefits and civil rights matters and was a key advisor on several important rulemakings within the Employee Benefits Security Administration (EBSA) and the Office of Federal Contract Compliance Programs (OFCCP), including regulations concerning ESG investing, proxy voting, and fiduciary investment advice, and reforms to OFCCP’s enforcement procedures and religious exemption.
Prior to his time at DOL, Brett was a litigator in the employee benefits practice of a global law firm, where he defended clients in several multi-million dollar ERISA withdrawal liability cases against multiemployer pension funds concerning alleged evade or avoid liability, successor liability, and employer challenges to pension funds’ discount rates.
Mr. Swearingen is currently licensed in Michigan and Washington, D.C.
Partner, Boyden Gray PLLC
Jared Kelson is a partner at Boyden Gray PLLC. He worked previously as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice, where he received the Attorney General’s Award for Distinguished Service and developed significant expertise in administrative law, regulatory process, executive authority, and the constitutional separation of powers.
Mr. Kelson was a law clerk to Judge Thomas B. Griffith of the U.S. Court of Appeals for the District of Columbia Circuit and to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. He graduated from the University of Virginia School of Law, where he received the Faculty Award for Academic Excellence after achieving the highest overall academic record in his graduating class. He also served as an Articles Editor of the Virginia Law Review. Previously, he graduated summa cum laude from Brigham Young University with a B.S. in Biology.
Commissioner, United States Securities and Exchange Commission
Hester M. Peirce was appointed by President Donald J. Trump to the U.S. Securities and Exchange Commission and was sworn in on January 11, 2018.
Prior to joining the SEC, Commissioner Peirce conducted research on the regulation of financial markets at the Mercatus Center at George Mason University. She was a Senior Counsel on the U.S. Senate Committee on Banking, Housing, and Urban Affairs, where she advised Ranking Member Richard Shelby and other members of the Committee on securities issues. Commissioner Peirce served as counsel to SEC Commissioner Paul S. Atkins. She also worked as a Staff Attorney in the SEC’s Division of Investment Management. Commissioner Peirce was an associate at Wilmer, Cutler & Pickering (now WilmerHale) and clerked for Judge Roger Andewelt on the Court of Federal Claims.
Commissioner Peirce earned her bachelor’s degree in Economics from Case Western Reserve University and her JD from Yale Law School.
Professor of Law, Mississippi College School of Law
Professor Anderson's scholarship focuses on securities enforcement, white-collar crime, and intersections of law and philosophy (e.g., business ethics, constitutionalism, problems of pluralism, and human rights). His recent articles address the law and ethics of insider trading, the problem of how to build a just and enduring constitutional order in the face of increasing religious and cultural pluralism, and the theoretical underpinnings of our international human rights regime.
He has been published in leading peer-reviewed journals (e.g., Law & Philosophy, Journal of Law and Religion, and Contemporary Pragmatism) and in top law journals (most recently in the Journal of Corporation Law, Virginia Law & Business Review, Washington University Journal of Law & Policy, Temple Law Review, Utah Law Review, and University of Miami Law Review). Professor Anderson recently published a book with Cambridge University Press, Insider Trading: Law Ethics and Reform, and he is a frequent contributor to the Columbia Law School Blue Sky Blog.
Professor Anderson teaches Business Associations, Contracts, Constitutional Law, Comparative Constitutional Law, Evidence, International Human Rights, Jurisprudence, Securities Regulation, and White Collar Crime. He has won numerous teaching awards and was most recently voted Law School Professor of the Year for 2018-2019, and Mississippi College Distinguished Professor of the Year for 2018-2019.
Assistant Professor of Law, Michigan State University College of Law
Kevin Douglas is an Assistant Professor of Law at MSU College of Law and former Visiting Assistant Professor at Scalia Law School. He practiced law in Dallas, Texas for two years, where he represented clients in a wide variety of corporate and securities transactions. He is a graduate of Stanford Law School and earned both a bachelor’s degree in management and an MBA from Florida A & M University. His research focuses on contemporary legal and policy issues in business organization law and securities regulations.
Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale Law School
Jonathan R. Macey is Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law at Yale University, and Professor in the Yale School of Management. From 1991 – 2004, Professor Macey was J. DuPratt White Professor of Law, Director of the John M. Olin Program in Law and Economics at Cornell Law School, and Professor of Law and Business at the Cornell University Johnson Graduate School of Business. Professor Macey earned his B.A. cum laude from Harvard in 1977, and his J.D. from Yale Law School in 1982, where he was Article and Book Review editor of The Yale Law Journal. In 1996, Professor Macey received a Ph.D. honoris causa from the Stockholm School of Economics. Following law school, Professor Macey was law clerk to Judge Henry J. Friendly on the U.S. Court of Appeals for the Second Circuit.
Professor Macey is the author of several books including the two-volume treatise, Macey on Corporation Laws, published in 1998 (Aspen Law & Business), and co-author of two leading casebooks, Corporations: Including Partnerships and Limited Liability Companies (2003 Thomson West), which is in its eighth edition, and Banking Law and Regulation (2002 Aspen Law & Business), which is now in its third edition. He also is the author of over 100 scholarly articles. His recent articles have appeared in the Banking Law Journal, the University of Chicago Law Review, the Stanford Law Review, The Yale Law Journal, the Cornell Law Review, the Journal of Law and Economics, and the Brookings Wharton Papers on Financial Institutions. He has published numerous editorials in such publications as The Wall Street Journal, Forbes, The Los Angeles Times, and The National Law Journal.
Professor Macey has taught at major universities throughout the world, including Bocconi University (Milan), the University of Tokyo; the University of Toronto; the University of Turin, the University of Amsterdam Department of Finance, and the Stockholm School of Economics, Department of Law. He also has been Professor of Law at the University of Chicago (1990) and Visiting Professor of Law at Harvard Law School (1999). Professor Macey is a Senior Research Fellow at the International Centre for Economic Research (ICER) in Turin, Italy. Professor Macey also serves on the Academic Advisory Board (Comitato Scientifico) of the Associazione Disiano Preite for the study of corporate law (per lo studio del diritto dell’impresa). In 1995, Professor Macey was awarded the Paul M. Bator prize for excellence in Teaching, Scholarship and Public Service by the Federalist Society for Law and Public Policy. In 1996, he received a Ph.D., honoris causa from the Stockholm School of Economics. And in 1998, he received the D.P. Jacobs prize for the most significant paper in volume 6 of the Journal of Financial Intermediation for his paper (co-authored with Maureen O’Hara), “The Law & Economics of Best Execution.”
In 1999 Professor Macey was made an honorary Fellow of the Society For Advanced Legal Studies. In 2000, Professor Macey became a member of the Legal Advisory Committee to the Board of Directors of the New York Stock Exchange. In 2001 Professor Macey was appointed a Bertil Daniellson Distinguished Visiting Professor in Banking and Finance at the Stockholm School of Economics. In 2002 Professor Macey was appointed to the Economic Advisory Board of the National Association of Securities Dealers (NASD). In 2004 Professor Macey was awarded a Teaching Award by the Yale Law Women in recognition of his “commitment to excellence in teaching, mentoring and inspiring.” In 2005 Professor Macey became a member of the Board of Editors of Thomson West Publishing Company.
Associate Professor of Law, Antonin Scalia Law School, George Mason University
Associate Professor of Law J.W. Verret joined the Antonin Scalia Law School, George Mason University faculty in 2008. In 2013, he took leave for two years to serve as the Chief Economist and Senior Counsel for the U.S. House Committee on Financial Services. He received his JD and MA in Public Policy from Harvard Law School and the Harvard Kennedy School of Government, respectively, in 2006. While in law school, Professor Verret served an Olin Fellowship in Law and Economics at the Harvard Program on Corporate Governance under the guidance of Prof. Lucian Bebchuk.
Professor Verret then served as a law clerk for Vice-Chancellor John W. Noble of the Delaware Court of Chancery. Prior to joining the faculty at Scalia Law, Professor Verret was an associate in the SEC Enforcement Defense Practice Group at Skadden, Arps in Washington, D.C. He has written extensively on corporate law topics, including Delaware's Guidance, co-written with Chief Justice Myron T. Steele of the Delaware Supreme Court. His academic work has been featured in the Yale Journal on Regulation, The Business Lawyer, the Delaware Journal of Corporate Law, the Stanford Law Review, the University of Pennsylvania Journal of Business Law, and the Virginia Law and Business Review. Professor Verret was selected by the Northwestern Law School Searle Center on Law, Regulation, and Economic Growth for a 2009-2010 Searle-Kaufmann Research Fellowship.
Professor Verret is also a Senior Scholar at the Mercatus Center Working Group on Financial Markets, where he regularly briefs Congressional staff, members of Congress, SEC Commissioners and other financial regulatory agencies on financial regulation topics. He also directs the Corporate Federalism Initiative, where he obtains research grants for a network of students and faculty scholars who study the division between states and the federal government as sources of corporate law. Professor Verret has been invited to testify before various House and Senate Committees four times during the financial crisis of 2009 regarding all of the central provisions of the Obama Administration's 2009 financial regulatory reform proposals. For a full list of Professor Verret's C-Span appearances, including testimony before the U.S. House of Representatives and the U.S. Senate, see http://www.c-spanvideo.org/jwverret.
Professor Verret has been an invited panelist for various television appearances, including an interview on The NewsHour with Jim Lehrer. Professor Verret has been quoted in various media on financial regulation and corporate law topics, including the New York Times, CNN Money, the CNN Political Ticker, CNBC, ABC News, Investor's Business Daily, ESPN.com, The American Banker, The American Lawyer, The Huffington Post, CBS.com, and AP News. Professor Verret's op-eds have been featured in Forbes, The Chicago Tribune, The Orange County Register, and The Wall Street Journal. Professor Verret is also a regular guest contributor to three of the most noted corporate law and financial regulation law blogs: the Harvard Law School Corporate Governance and Financial Regulation Forum, Deallawyers.com, and The Conglomerate.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Professor of Law and the Vice Dean for Academic Affairs, University at Buffalo School of Law
Professor S. Todd Brown is a Professor of Law and the Vice Dean for Academic Affairs. Prior to joining the law school, Professor Brown was the managing partner of a small business, an attorney with WilmerHale in Washington, D.C., and Jones Day in Washington and Cleveland, and a Freedman Fellow at Temple University. He teaches bankruptcy, contracts, corporations, torts, mass torts, and related courses at the School of Law.
Brown is a frequent author and lecturer on bankruptcy trusts, chapter 11, complex litigation and mass torts. His scholarship has been cited in a variety of state and federal opinions, and he has testified concerning these issues before the U.S. House Judiciary Committee, state legislatures, the ABA Task Force on Asbestos and the Bankruptcy Trusts, and the American Bankruptcy Institute's Commission to Reform Chapter 11. His current research focuses on legal rules concerning corruption, fraud and abuse.
Brown received his J.D. in 1999 from Columbia Law School, where he served as articles editor of the Columbia Business Law Review, and an LL.M. in 2009 from the Beasley School of Law at Temple University. Prior to law school, he received his B.A. in philosophy, summa cum laude, from Loyola University in New Orleans.
Carl L. Vacketta Professor of Law, University of Illinois College of Law
Considered one of the leading bankruptcy scholars of his generation, Professor Brubaker is the Carl L. Vacketta Professor of Law. He served as Interim Dean of the College of Law in 2008-09 after serving as Associate Dean for Academic Affairs for the previous two years. Professor Brubaker rejoined the Illinois faculty in 2004, returning to his alma mater after serving as a member of the faculty at the Emory University School of Law in Atlanta, Georgia for 10 years, where he was also the faculty adviser to the Emory Bankruptcy Developments Journal.
After earning an undergraduate degree with Bronze Tablet distinction at Illinois, Professor Brubaker passed the CPA exam before pursuing a dual JD/MBA degree. Professor Brubaker received his JD summa cum laude from the College of Law, where he was a member of the Order of the Coif, a Harno Fellow, and recipient of Rickert Awards for Excellence in Academic Achievement and in Legal Writing. He also served as articles editor for the University of Illinois Law Review.
Following graduation, Professor Brubaker clerked for Judge James K. Logan of the United States Court of Appeals for the Tenth Circuit. Later, he practiced in the bankruptcy and corporate reorganization group of Squire, Sanders & Dempsey (now Squire Patton Boggs) in Cleveland, Ohio, where he gained extensive experience in large- and medium-sized Chapter 11 bankruptcy reorganization proceedings, including prepackaged, leveraged buy-out, and mass-tort bankruptcies.
Professor Brubaker began teaching at the College of Law, later joining the Emory faculty in 1995. He is co-author of Bankruptcy Law: Principles, Policies, and Practice (with Charles J. Tabb) and has written dozens of journal articles and essays exploring all facets of federal bankruptcy law, particularly Chapter 11 corporate reorganizations and the complex jurisdictional and procedural aspects of federal bankruptcy proceedings. He was awarded the 2003 Editors’ Prize from The American Bankruptcy Law Journal for his article, “Of State Sovereign Immunity and Prospective Remedies: The Bankruptcy Discharge as Statutory Ex parte Young Relief,” 76 American Bankruptcy Law Journal 461 (2002).
Professor Brubaker is the editor-in-chief and a contributing author for West’s Bankruptcy Law Letter, and he has served on the editorial advisory boards of The American Bankruptcy Law Journal and the American Bankruptcy Institute Law Review. He is a member of the American Law Institute and a Fellow of the American College of Bankruptcy, for which he currently serves as the Scholar-in-Residence. Professor Brubaker has been a member of the executive committee of the board of directors for the American Bankruptcy Institute, and he was a member of the advisory committee on 363 sales for the ABI’s 2014 Commission to Study the Reform of Chapter 11.
Partner, DLA Piper Global Law Firm
Dan Prieto focuses his practices on representing high-profile companies in successful chapter 11 reorganizations, including by assisting numerous companies in achieving permanent resolutions of mass asbestos tort liabilities through section 524(g) plans of reorganization. He also represents clients in out-of-court restructurings and distressed M&A transactions.
Prieto represented Bondex, Kaiser Aluminum and USG Corporation in their respective section 524(g) chapter 11 reorganizations that fully resolved their asbestos liabilities, and RadioShack in its successful chapter 11 reorganization, including in connection with a going concern sale of a substantial portion of RadioShack's business. Recently, he represented the owners of the Vogtle nuclear plant in connection with Westinghouse's chapter 11 case and a guarantee provided by Toshiba. He is also represented Hanson Permanente Cement and Kaiser Gypsum in chapter 11 cases they filed to resolve their asbestos and environmental liabilities. Other significant engagements include representing Turnbridge Capital Partners in its separate acquisitions of substantially all the assets of Diverse Energy and Abutec Industries and representing Highbrook Investment Management as the largest creditor in the chapter 11 cases of certain single asset real estate subsidiaries of American Spectrum Realty, Inc.
Director, Faculty Relations, The Federalist Society
Katie McClendon is the Director of Faculty Relations at the Federalist Society, where she has worked since 2015.
Katie holds a J.D. from the University of Pennsylvania Law School and a B.A. in Political Science from Biola University, where she was a member of the Torrey Honors Institute. She is a fellow of the John Jay Institute and the Blackstone Legal Fellowship. Katie is originally from Los Angeles, and she now lives with her husband and four children in Atlanta.
Federalist Society Review, Volume 25
Katie McClendon
The Federalist Society Review is the legal journal of the Federalist Society. The Review is...
The 30-Year History of Diluting ERISA’s Fiduciary Duty
Paul N. Watkins, Kathleen Barceleau
Under the Employee Retirement Income Security Act of 1974 (ERISA), fiduciaries have a strict duty...
Utah v. Walsh: Latest Developments in the Challenges to the DOL's ESG Rule
Brett Swearingen, Jared Kelson
The plaintiffs in Utah v. Walsh filed a motion to halt implementation of the Department of Labor’s...
Capital Conversations: Hester Peirce, Commissioner, U.S. Securities and Exchange Commission
Hester M. Peirce
Join us as Hester Peirce, Commissioner on the Securities and Exchange Commission, discusses the intersection...
The Economics and Ethics of Insider Trading Reform
John Anderson, Kevin R. Douglas, Jonathan R. Macey
There was surprising momentum on the issue of insider trading reform at the start of 2020. On December...
New Labor Department Rule: Taking on ESG Investment Risk to American Retirement Security
J.W. Verret
A sustained effort by activist investors to align corporate policy and investing with a progressive...
New Evidence on the Constitution’s Impeachment Standard: “high . . . Misdemeanors” Means Serious Crimes
Robert G. Natelson
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Mass Tort Bankruptcy Cases
Steven Todd Brown, Ralph Brubaker, Dan Prieto
Companies are increasingly resorting to the bankruptcy system to resolve mass tort litigation. Recent examples...
Federalist Society Review, Volume 19
Katie McClendon
The Federalist Society Review is the legal journal produced by the Federalist Society’s Practice Groups....
Topics
The Fifth Circuit Vacates the Fiduciary Rule
On March 15, 2018, the Fifth Circuit struck down one of the most controversial regulatory...