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.
Partner, Covington & Burling LLP
Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm's Antitrust & Consumer Law Practice Group. He specializes in global antitrust and competition law practice and works closely with the firm’s white collar practice on criminal antitrust enforcement and investigative matters.
Mr. Barnett recently served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to 2008, having previously served in the Division as Deputy Assistant Attorney General for Civil Enforcement from 2004 to 2005. During his tenure, Mr. Barnett was involved in some of the largest and most complicated criminal matters in the Division’s history, including investigations and prosecutions that involved coordination with multiple competition authorities in other jurisdictions. In the merger area, Mr. Barnett oversaw the review of all mergers investigated by the Division and supervised more than 30 cases filed in federal district court. He also oversaw an active competition advocacy program that included numerousamicusbriefs filed with the U.S. Supreme Court on antitrust issues and comments to a wide range of federal and state agencies. He argued before the U.S. Supreme Court asamicuson behalf of the United States inBell Atlantic Corp. v. Twomblyand testified several times before Congressional committees.
While at the Antitrust Division, Mr. Barnett worked with international antitrust authorities throughout the world and served in leadership positions in key international competition organizations, such as chairing the Working Party on International Cooperation and Enforcement of the OECD Competition Committee and serving on the Steering Committee of the International Competition Network.
Mr. Barnett received the Edmund Randolph Award, the U.S. Department of Justice’s highest honor, for his service in the Division.
Prior to 2004, Mr. Barnett was a leader in the firm’s Antitrust & Consumer Law Practice Group. He counseled Fortune 500 companies on all aspects of antitrust law and was involved in mergers and acquisitions, government antitrust investigations, and antitrust litigation involving a wide range of industries. He served as an adjunct professor at Georgetown University Law Center, teaching a course on antitrust and intellectual property issues in sports in 2001 and 2003, and as a co-teacher of an advanced antitrust seminar at the University of Virginia Law School multiple times between 1991 and 2004.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Associate Professor of Law, New York Law School
James Grimmelmann is Associate Professor at New York Law School and a member of its Institute for Information Law and Policy. He received his J.D. from Yale Law School, where he was Editor-in-Chief of LawMeme and a member of the Yale Law Journal. Prior to law school, he received an A.B. in computer science from Harvard College and worked as a programmer for Microsoft. He has served as a Resident Fellow of the Information Society Project at Yale, as a legal intern for Creative Commons and the Electronic Frontier Foundation, and as a law clerk to the Honorable Maryanne Trump Barry of the United States Court of Appeals for the Third Circuit.
He studies how the law governing the creation and use of computer software affects individual freedom and the distribution of wealth and power in society. As a lawyer and technologist, he aims to help these two groups speak intelligibly to each other. He writes about intellectual property, virtual worlds, search engines, online privacy, and other topics in computer and Internet law. Recent publications include The Internet Is a Semicommons, 78 Fordham L. Rev. 2799 (2010), Saving Facebook, 94 Iowa L. Rev. 1137 (2009), and The Ethical Visions of Copyright Law, 77 Fordham L. Rev. 2005 (2009).
He has been blogging since 2000 at the Laboratorium (http://laboratorium.net/). His home page is at http://james.grimmelmann.net/.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
President, TechFreedom
Berin Szoka serves as President of TechFreedom. Previously, he was a Senior Fellow and the Director of the Center for Internet Freedom at The Progress & Freedom Foundation. Before joining PFF, he was an Associate in the Communications Practice Group at Latham & Watkins LLP, where he advised clients on regulations affecting the Internet and telecommunications industries. Before joining Latham's Communications Practice Group, Szoka practiced at Lawler Metzger Milkman & Keeney, LLC, a boutique telecommunications law firm in Washington, and clerked for the Hon. H. Dale Cook, Senior U.S. District Judge for the Northern District of Oklahoma. Szoka received his Bachelor's degree in economics from Duke University and his juris doctor from the University of Virginia School of Law, where he served as Submissions Editor of the Virginia Journal of Law and Technology. He is admitted to practice law in the District of Columbia and California (inactive).
Professor, University of Texas at Dallas
I. Herman Stern Professor of Law
David Post is currently the I. Herman Stern Professor of Law at the Beasley School of Law at Temple University, where he teaches intellectual property law and the law of cyberspace. Professor Post is also an Adjunct Scholar at the Cato Institute, a Fellow at the Institute for Information Law and Policy at New York Law School, and a contributor to the influential Volokh Conspiracy blog. [More detail on Professor Post's research and writings can be found here.]
Trained originally as a physical anthropologist, Professor Post spent two years studying the feeding ecology of yellow baboons in Kenya's Amboseli National Park, and he taught at the Columbia University Department of Anthropology from 1976 through 1981. He then attended Georgetown Law Center, from which he graduated summa cum laude in 1986. After clerking with then-Judge Ruth Bader Ginsburg on the DC Circuit Court of Appeals, he spent 6 years at the Washington D.C. law firm of Wilmer, Cutler & Pickering, practicing in the areas of intellectual property law and high technology commercial transactions. He then clerked again for Justice Ginsburg during her first term on the Supreme Court before joining the faculty of, first, the Georgetown University Law Center (1994-1997) and then the Temple University Law School (1997-present).
Professor Post is the author of Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (3d Edition, West, 2007) (co-authored with Paul Schiff Berman and Patricia Bellia), and In Search of Jefferson's Moose: Notes on the State of Cyberspace (Oxford U. Press, forthcoming 2008), as well as numerous articles on intellectual property, the law of cyberspace, and the application of complexity theory to Internet legal questions that have appeared in the Stanford Law Review, Journal of Legal Studies, Berkeley Technology Law Journal, Esther Dyson's Release 1.0, Journal of Online Law, University of Chicago Legal Forum, Vanderbilt Law Review, Georgetown Law Journal, and numerous other publications. For four years (1994-1998) he wrote a monthly column on law and technology ("Plugging In") for the American Lawyer, and from 1998-2004 he wrote the "On the Horizon" column for InformationWeek (with Bradford Brown). He has appeared as a commentator on the Lehrer News Hour, Court TV's Supreme Court Preview, NPR's All Things Considered, BBC's World, and other television and radio shows, and recently was featured in the PBS documentary The Supreme Court. During 1996-1997 he conducted, along with two colleagues (Professors Larry Lessig and Eugene Volokh) the first Internet-wide e-mail course on "Cyberspace Law for Non-Lawyers" which attracted over 20,000 subscribers. He also sings and plays guitar, piano, banjo, and harmonica in the bands "Bad Dog," "The Dwights," and "The Zen Cohens."
Professor Post's writings can be accessed online via his publications page and personal site (http://www.davidpost.com).
J.D., Georgetown University
Ph.D. (Anthropology), Yale University
B.A., Yale University
Principal, DeGroot Legal
Mr. DeGroot represents businesses in complex litigation, focusing on licensing, insurance, intellectual property, contract disputes, and toxic torts. He has experience in cases involving fraud, breach of contract, unfair competition, patents, business torts, mergers and acquisitions, creditors’ rights, and bankruptcy. He has extensive experience in all aspects of civil litigation, both in federal and state courts, including prejudgment remedies, discovery, trial, appeals, arbitration and mediation.
Mr. DeGroot works with clients in a variety of industries, including financial institutions, insurance, software, construction, semiconductors, and real estate.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Clinical Co-Director and Senior Fellow, Berkman Center for Inter, Harvard Law School
Phil Malone is a Clinical Professor of Law at Harvard Law School and the Director of the Law School’s Cyberlaw Clinic at the Berkman Center. Phil joined the Center in September, 2004 as a co-director of the Clinical Program; in the years since, he and his clinical colleagues have built the Clinic into one of the leading entities of its kind in the country.
Phil came to the Berkman Center after a little over 20 years as a federal prosecutor with theAntitrust Divisionof the U.S. Department of Justice, where he directed numerous civil and criminal investigations and prosecutions. Most of his DOJ experience over the past 10 years focused on high-technology industries, the Internet and computer software and hardware. Beginning in 1996 Phil was lead counsel in the DOJ's investigations of Microsoft, and he was the primary career counsel, along with outside counsel David Boies, in the trial ofU.S. v. Microsoft Corp.(D.D.C). Before leaving the Justice Department he was one of the lead lawyers in the government's antitrust case against Oracle Corp. Phil first became involved with the Berkman Center during the 2001-2003 academic years when he was the Victor H. Kramer Fellow at HLS. His research then focused on legal approaches to encouraging and preserving innovation in high-tech industries, evolving competition policy in the computer industry, and the use of technology in discovery and litigation.
Phil graduated long ago fromHarvard Collegeand the University of Arizona College of Law. When he is not at the Berkman Center he can often be found around Harvard'sQuincy House, where he and his wife Luci are resident tutors and kids Celia and Zulie are resident entertainment.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
Founder, President, and General Counsel, Wisconsin Institute for Law & Liberty
Rick Esenberg is the founder and current President and General Counsel of the Wisconsin Institute for Law & Liberty, a rapidly expanding law and policy organization headquartered in Milwaukee. Under Rick’s leadership, WILL has grown into one of the more active state-based think tanks and litigation centers in the country. Rick is a frequent litigator in state and federal courts and nationally recognized scholar and commentator on constitutional law, particularly the First Amendment’s guarantees of freedom of speech and religion. He is one of the leading experts on the Wisconsin Constitution and a frequent advocate before the Wisconsin Supreme Court. Rick’s work seeks to advance the rule of law and individual liberty, formed by a robust civil society that forms individual and community character, preserving the wisdom of the past and an openness to the future.
Rick’s commentary has been featured in such outlets as the Wall Street Journal, National Review, Weekly Standard, Real Clear Politics, Milwaukee Journal Sentinel and Washington Examiner. Formerly on the faculty of Marquette University Law School, his scholarship has appeared in such publications as the Harvard Law Review, Harvard Journal of Law & Public Policy, Wake Forest Law Review and William & Mary Bill of Rights Journal. Back when they were a thing, he operated a blog called Shark and Shepherd where he tried to suggest something about the duality of man – “the Jungian thing.”
Rick holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. In addition to service on the Marquette Faculty, he was formerly a litigation partner at Foley & Lardner and General Counsel of an international manufacturing firm headquartered in Wisconsin. He lives in Mequon Wisconsin with his wife Karen, golden retrievers Cooper and Riley and more books than he can find places for.
Partner, Covington & Burling LLP
Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm's Antitrust & Consumer Law Practice Group. He specializes in global antitrust and competition law practice and works closely with the firm’s white collar practice on criminal antitrust enforcement and investigative matters.
Mr. Barnett recently served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to 2008, having previously served in the Division as Deputy Assistant Attorney General for Civil Enforcement from 2004 to 2005. During his tenure, Mr. Barnett was involved in some of the largest and most complicated criminal matters in the Division’s history, including investigations and prosecutions that involved coordination with multiple competition authorities in other jurisdictions. In the merger area, Mr. Barnett oversaw the review of all mergers investigated by the Division and supervised more than 30 cases filed in federal district court. He also oversaw an active competition advocacy program that included numerousamicusbriefs filed with the U.S. Supreme Court on antitrust issues and comments to a wide range of federal and state agencies. He argued before the U.S. Supreme Court asamicuson behalf of the United States inBell Atlantic Corp. v. Twomblyand testified several times before Congressional committees.
While at the Antitrust Division, Mr. Barnett worked with international antitrust authorities throughout the world and served in leadership positions in key international competition organizations, such as chairing the Working Party on International Cooperation and Enforcement of the OECD Competition Committee and serving on the Steering Committee of the International Competition Network.
Mr. Barnett received the Edmund Randolph Award, the U.S. Department of Justice’s highest honor, for his service in the Division.
Prior to 2004, Mr. Barnett was a leader in the firm’s Antitrust & Consumer Law Practice Group. He counseled Fortune 500 companies on all aspects of antitrust law and was involved in mergers and acquisitions, government antitrust investigations, and antitrust litigation involving a wide range of industries. He served as an adjunct professor at Georgetown University Law Center, teaching a course on antitrust and intellectual property issues in sports in 2001 and 2003, and as a co-teacher of an advanced antitrust seminar at the University of Virginia Law School multiple times between 1991 and 2004.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Associate Professor of Law, New York Law School
James Grimmelmann is Associate Professor at New York Law School and a member of its Institute for Information Law and Policy. He received his J.D. from Yale Law School, where he was Editor-in-Chief of LawMeme and a member of the Yale Law Journal. Prior to law school, he received an A.B. in computer science from Harvard College and worked as a programmer for Microsoft. He has served as a Resident Fellow of the Information Society Project at Yale, as a legal intern for Creative Commons and the Electronic Frontier Foundation, and as a law clerk to the Honorable Maryanne Trump Barry of the United States Court of Appeals for the Third Circuit.
He studies how the law governing the creation and use of computer software affects individual freedom and the distribution of wealth and power in society. As a lawyer and technologist, he aims to help these two groups speak intelligibly to each other. He writes about intellectual property, virtual worlds, search engines, online privacy, and other topics in computer and Internet law. Recent publications include The Internet Is a Semicommons, 78 Fordham L. Rev. 2799 (2010), Saving Facebook, 94 Iowa L. Rev. 1137 (2009), and The Ethical Visions of Copyright Law, 77 Fordham L. Rev. 2005 (2009).
He has been blogging since 2000 at the Laboratorium (http://laboratorium.net/). His home page is at http://james.grimmelmann.net/.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
President, TechFreedom
Berin Szoka serves as President of TechFreedom. Previously, he was a Senior Fellow and the Director of the Center for Internet Freedom at The Progress & Freedom Foundation. Before joining PFF, he was an Associate in the Communications Practice Group at Latham & Watkins LLP, where he advised clients on regulations affecting the Internet and telecommunications industries. Before joining Latham's Communications Practice Group, Szoka practiced at Lawler Metzger Milkman & Keeney, LLC, a boutique telecommunications law firm in Washington, and clerked for the Hon. H. Dale Cook, Senior U.S. District Judge for the Northern District of Oklahoma. Szoka received his Bachelor's degree in economics from Duke University and his juris doctor from the University of Virginia School of Law, where he served as Submissions Editor of the Virginia Journal of Law and Technology. He is admitted to practice law in the District of Columbia and California (inactive).
Partner, Covington & Burling LLP
Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm's Antitrust & Consumer Law Practice Group. He specializes in global antitrust and competition law practice and works closely with the firm’s white collar practice on criminal antitrust enforcement and investigative matters.
Mr. Barnett recently served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to 2008, having previously served in the Division as Deputy Assistant Attorney General for Civil Enforcement from 2004 to 2005. During his tenure, Mr. Barnett was involved in some of the largest and most complicated criminal matters in the Division’s history, including investigations and prosecutions that involved coordination with multiple competition authorities in other jurisdictions. In the merger area, Mr. Barnett oversaw the review of all mergers investigated by the Division and supervised more than 30 cases filed in federal district court. He also oversaw an active competition advocacy program that included numerousamicusbriefs filed with the U.S. Supreme Court on antitrust issues and comments to a wide range of federal and state agencies. He argued before the U.S. Supreme Court asamicuson behalf of the United States inBell Atlantic Corp. v. Twomblyand testified several times before Congressional committees.
While at the Antitrust Division, Mr. Barnett worked with international antitrust authorities throughout the world and served in leadership positions in key international competition organizations, such as chairing the Working Party on International Cooperation and Enforcement of the OECD Competition Committee and serving on the Steering Committee of the International Competition Network.
Mr. Barnett received the Edmund Randolph Award, the U.S. Department of Justice’s highest honor, for his service in the Division.
Prior to 2004, Mr. Barnett was a leader in the firm’s Antitrust & Consumer Law Practice Group. He counseled Fortune 500 companies on all aspects of antitrust law and was involved in mergers and acquisitions, government antitrust investigations, and antitrust litigation involving a wide range of industries. He served as an adjunct professor at Georgetown University Law Center, teaching a course on antitrust and intellectual property issues in sports in 2001 and 2003, and as a co-teacher of an advanced antitrust seminar at the University of Virginia Law School multiple times between 1991 and 2004.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Associate Professor of Law, New York Law School
James Grimmelmann is Associate Professor at New York Law School and a member of its Institute for Information Law and Policy. He received his J.D. from Yale Law School, where he was Editor-in-Chief of LawMeme and a member of the Yale Law Journal. Prior to law school, he received an A.B. in computer science from Harvard College and worked as a programmer for Microsoft. He has served as a Resident Fellow of the Information Society Project at Yale, as a legal intern for Creative Commons and the Electronic Frontier Foundation, and as a law clerk to the Honorable Maryanne Trump Barry of the United States Court of Appeals for the Third Circuit.
He studies how the law governing the creation and use of computer software affects individual freedom and the distribution of wealth and power in society. As a lawyer and technologist, he aims to help these two groups speak intelligibly to each other. He writes about intellectual property, virtual worlds, search engines, online privacy, and other topics in computer and Internet law. Recent publications include The Internet Is a Semicommons, 78 Fordham L. Rev. 2799 (2010), Saving Facebook, 94 Iowa L. Rev. 1137 (2009), and The Ethical Visions of Copyright Law, 77 Fordham L. Rev. 2005 (2009).
He has been blogging since 2000 at the Laboratorium (http://laboratorium.net/). His home page is at http://james.grimmelmann.net/.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
President, TechFreedom
Berin Szoka serves as President of TechFreedom. Previously, he was a Senior Fellow and the Director of the Center for Internet Freedom at The Progress & Freedom Foundation. Before joining PFF, he was an Associate in the Communications Practice Group at Latham & Watkins LLP, where he advised clients on regulations affecting the Internet and telecommunications industries. Before joining Latham's Communications Practice Group, Szoka practiced at Lawler Metzger Milkman & Keeney, LLC, a boutique telecommunications law firm in Washington, and clerked for the Hon. H. Dale Cook, Senior U.S. District Judge for the Northern District of Oklahoma. Szoka received his Bachelor's degree in economics from Duke University and his juris doctor from the University of Virginia School of Law, where he served as Submissions Editor of the Virginia Journal of Law and Technology. He is admitted to practice law in the District of Columbia and California (inactive).
Principal, DeGroot Legal
Mr. DeGroot represents businesses in complex litigation, focusing on licensing, insurance, intellectual property, contract disputes, and toxic torts. He has experience in cases involving fraud, breach of contract, unfair competition, patents, business torts, mergers and acquisitions, creditors’ rights, and bankruptcy. He has extensive experience in all aspects of civil litigation, both in federal and state courts, including prejudgment remedies, discovery, trial, appeals, arbitration and mediation.
Mr. DeGroot works with clients in a variety of industries, including financial institutions, insurance, software, construction, semiconductors, and real estate.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Clinical Co-Director and Senior Fellow, Berkman Center for Inter, Harvard Law School
Phil Malone is a Clinical Professor of Law at Harvard Law School and the Director of the Law School’s Cyberlaw Clinic at the Berkman Center. Phil joined the Center in September, 2004 as a co-director of the Clinical Program; in the years since, he and his clinical colleagues have built the Clinic into one of the leading entities of its kind in the country.
Phil came to the Berkman Center after a little over 20 years as a federal prosecutor with theAntitrust Divisionof the U.S. Department of Justice, where he directed numerous civil and criminal investigations and prosecutions. Most of his DOJ experience over the past 10 years focused on high-technology industries, the Internet and computer software and hardware. Beginning in 1996 Phil was lead counsel in the DOJ's investigations of Microsoft, and he was the primary career counsel, along with outside counsel David Boies, in the trial ofU.S. v. Microsoft Corp.(D.D.C). Before leaving the Justice Department he was one of the lead lawyers in the government's antitrust case against Oracle Corp. Phil first became involved with the Berkman Center during the 2001-2003 academic years when he was the Victor H. Kramer Fellow at HLS. His research then focused on legal approaches to encouraging and preserving innovation in high-tech industries, evolving competition policy in the computer industry, and the use of technology in discovery and litigation.
Phil graduated long ago fromHarvard Collegeand the University of Arizona College of Law. When he is not at the Berkman Center he can often be found around Harvard'sQuincy House, where he and his wife Luci are resident tutors and kids Celia and Zulie are resident entertainment.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
Principal, DeGroot Legal
Mr. DeGroot represents businesses in complex litigation, focusing on licensing, insurance, intellectual property, contract disputes, and toxic torts. He has experience in cases involving fraud, breach of contract, unfair competition, patents, business torts, mergers and acquisitions, creditors’ rights, and bankruptcy. He has extensive experience in all aspects of civil litigation, both in federal and state courts, including prejudgment remedies, discovery, trial, appeals, arbitration and mediation.
Mr. DeGroot works with clients in a variety of industries, including financial institutions, insurance, software, construction, semiconductors, and real estate.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Clinical Co-Director and Senior Fellow, Berkman Center for Inter, Harvard Law School
Phil Malone is a Clinical Professor of Law at Harvard Law School and the Director of the Law School’s Cyberlaw Clinic at the Berkman Center. Phil joined the Center in September, 2004 as a co-director of the Clinical Program; in the years since, he and his clinical colleagues have built the Clinic into one of the leading entities of its kind in the country.
Phil came to the Berkman Center after a little over 20 years as a federal prosecutor with theAntitrust Divisionof the U.S. Department of Justice, where he directed numerous civil and criminal investigations and prosecutions. Most of his DOJ experience over the past 10 years focused on high-technology industries, the Internet and computer software and hardware. Beginning in 1996 Phil was lead counsel in the DOJ's investigations of Microsoft, and he was the primary career counsel, along with outside counsel David Boies, in the trial ofU.S. v. Microsoft Corp.(D.D.C). Before leaving the Justice Department he was one of the lead lawyers in the government's antitrust case against Oracle Corp. Phil first became involved with the Berkman Center during the 2001-2003 academic years when he was the Victor H. Kramer Fellow at HLS. His research then focused on legal approaches to encouraging and preserving innovation in high-tech industries, evolving competition policy in the computer industry, and the use of technology in discovery and litigation.
Phil graduated long ago fromHarvard Collegeand the University of Arizona College of Law. When he is not at the Berkman Center he can often be found around Harvard'sQuincy House, where he and his wife Luci are resident tutors and kids Celia and Zulie are resident entertainment.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
Founder and CEO, Lexpat Global Services
Adam Pearlman is the Founder and Chief Executive Officer of Lexpat Global Services. He is a National Security Law expert and a proven senior leader with experience across the U.S. Departments of Justice, Defense, and State, in the White House, and with the U.S. Federal Judiciary.
Before founding Lexpat, Mr. Pearlman served as the Senior Advisor for Legal Policy in the State Department’s Bureau of Counterterrorism. There, he counseled senior officials on matters covering the entire spectrum of programs and operations to counter terrorism and violent extremism. While participating in sensitive diplomatic engagements and helping to coordinate military operations, he also advised in the development of sanctions policy and initiatives to build legal and operational capacity in partner nations. Mr. Pearlman also managed the Bureau’s participation in federal litigation and led U.S. delegations in multilateral forums concerning criminal justice and rule of law. Separately, Mr. Pearlman supported the State Department’s Bureau of International Narcotics and Law Enforcement Affairs (INL) as the contracted Senior Justice and Rule of Law Advisor in Cabo Verde, Africa. There he was the chief implementer of a Foreign Assistance program that grew eight-fold during his tenure, building host nation capacity across the law enforcement, justice sector, rule of law, anti-money laundering, and corrections disciplines.
A former Associate Deputy General Counsel of the Department of Defense, Mr. Pearlman was agency counsel for complex civil and criminal national security matters in federal and military courts. He also led the Supreme Court and appellate unit of the team dedicated to litigating classified counterterrorism cases. His earlier service in the Department of Justice spanned four litigating divisions and the Office of the Deputy Attorney General. His diverse experience included reviewing complex international transactions and mergers, and advising on immigration removal proceedings, human rights abuses, and terrorist financing investigations. Mr. Pearlman also served with distinction in Iraq as an early advisor to the Iraqi High Tribunal’s prosecution of Saddam Hussein. He was a law clerk for The Honorable Royce C. Lamberth of the U.S. District Court for the District of Columbia, and during law school interned in the White House Counsel’s Office.
Mr. Pearlman is a Senior Fellow at the National Security Institute at George Mason University’s Antonin Scalia Law School, a member of the American Bar Association’s Advisory Committee on Law and National Security, and the Editor-in-Chief of the U.S. Intelligence Community Law Sourcebook. Previously, he has been a Term Member of the Council on Foreign Relations, National Security Fellow at the Foundation for Defense of Democracies, member of the ABA’s Africa Law Initiative Council and of the Center for Strategic & International Studies’ (CSIS) Project on Nuclear Issues, vice chairman of the ABA Section of International Law’s committees on national security, and aerospace and defense, and a liaison to the Board of Directors of the ABA’s Rule of Law Initiative. He has published articles in the Harvard National Security Journal, Stanford Law & Policy Review, Intelligence & National Security, The Foreign Service Journal, Lawfare, and many other outlets.
Mr. Pearlman earned his B.A., with honors, from UCLA, and his J.D., with honors, from The George Washington University Law School, where he was a member of the International Law Review. He also earned a Master of Science of Strategic Intelligence degree from the National Intelligence University, where he was the inaugural recipient of the Kornblum Award for national security law and ethics. Mr. Pearlman is a Certified Financial Crime Specialist and holds certificates in international human rights law from the University of Oxford and in anti-corruption law from American University’s Washington College of Law. He is admitted to the State Bars of California and Virginia, as well as to the Bar of the United States Supreme Court. He speaks and reads Portuguese at the intermediate level.
Google & U.S. Antitrust Law
A Modest Proposal for Human Limitations on Cyberdiscovery
Rick M. Esenberg
Note from the Editor: In December 2010, the Federalist Society heard from a number of...
The Google Review: Regulation of Search Results and More
Thomas O. Barnett, Ronald A. Cass, James Grimmelmann, Charles "Rick" Rule, Berin Szóka
Google’s business practices are currently under review by the Federal Trade Commission, several state Attorneys...
The Google Review: Regulation of Search Results and More
Thomas O. Barnett, Ronald A. Cass, James Grimmelmann, Charles "Rick" Rule, Berin Szóka
Google’s business practices are currently under review by the Federal Trade Commission, several state Attorneys...
The Google Review: Regulation of Search Results and More
Intellectual Property Practice Group
Washington, DCViacom v. YouTube and the Future of the Internet
Dallas, TexasU.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter?
David DeGroot, Douglas H. Ginsburg, Phil Malone, Charles "Rick" Rule
Ten years ago, Microsoft dominated the personal computer market with its ever-expanding operating system. Today,...
U.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter?
David DeGroot, Douglas H. Ginsburg, Phil Malone, Charles "Rick" Rule
Ten years ago, Microsoft dominated the personal computer market with its ever-expanding operating system. Today,...
U.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter?
San Francisco Lawyers Chapter
San Francisco, CAFederal Cybersecurity Programs
Adam R. Pearlman
Brought to you by the International & National Security Law Practice GroupThe Federalist Society takes no position on...