Judge, United States Court of Appeals, Third Circuit
Stephanos Bibas is a judge on the U.S. Court of Appeals for the Third Circuit. Judge Bibas was previously a professor of law and criminology at the University of Pennsylvania Law School. As director of the Penn Law Supreme Court Clinic, he argued six cases before the Supreme Court of the United States and filed briefs in dozens of others. He graduated summa cum laude and Phi Beta Kappa from Columbia University in 1989 with a B.A. in political theory and from Oxford University in 1991 with a B.A. in jurisprudence. He then earned his J.D. from Yale Law School in 1994.
After graduating from Yale Law, Judge Bibas clerked for Judge Patrick Higginbotham of the U.S. Court of Appeals for the Fifth Circuit and Justice Anthony Kennedy on the Supreme Court and was a litigation associate at Covington & Burling LLP in Washington, D.C. Thereafter, Judge Bibas served as an Assistant U.S. Attorney in the Southern District of New York, where he successfully prosecuted the world’s leading expert in Tiffany stained glass for hiring a grave robber to steal priceless Tiffany windows from cemeteries. Before his tenure at Penn Law, Judge Bibas taught at the University of Chicago Law School and the University of Iowa College of Law and was a research fellow at Yale Law School. He has published two books and seventy scholarly articles.
Richard W. Pogue Professor of Law, University of Michigan Law School
Professor Daniel Crane is the Richard W. Pogue Professor of Law. He served as the associate dean for faculty and research from 2013 to 2016. He teaches Contracts, Antitrust, Antitrust and Intellectual Property, and Legislation and Regulation.
Crane previously was a professor of law at Yeshiva University's Benjamin N. Cardozo School of Law and a visiting professor at New York University School of Law and the University of Chicago Law School. In spring 2009, he taught antitrust law on a Fulbright Scholarship at the Universidade Católica Portuguesa in Lisbon.
Crane's work has appeared in the University of Chicago Law Review, the California Law Review, the Michigan Law Review, the Georgetown Law Journal, and the Cornell Law Review, among other journals. He is the author of several books on antitrust law, including Antitrust (Aspen, 2014), The Making of Competition Policy: Legal and Economic Sources (Oxford University Press, 2013), and The Institutional Structure of Antitrust Enforcement (Oxford University Press, 2011).
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Principal Deputy Assistant Attorney General, Antitrust Division, U.S. Department of Justice
On January 14, 2022, Doha Mekki was appointed Principal Deputy Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice. As Principal Deputy Assistant Attorney General, Ms. Mekki supervises more than 350 attorneys who investigate and prosecute civil and criminal violations of federal antitrust and other competition laws. She is responsible for overseeing the Division’s civil enforcement, criminal enforcement, litigation, domestic and international policy, advocacy, and economic analysis programs, as well as the Division’s operations.
Ms. Mekki joined the Antitrust Division in 2015 as a Trial Attorney. In that capacity, she led investigations and litigated merger challenges in the rail, commercial vehicle, aviation, and healthcare industries, among others. She later served as Counsel to the Assistant Attorney General for Antitrust. In that role, she focused on civil antitrust enforcement in healthcare, sports, and digital markets, as well as criminal enforcement in labor markets. From 2020 until 2021, she served as an Assistant Chief in the Antitrust Division’s Defense, Industrials, and Aerospace Section, where she provided legal and policy guidance to attorneys and paralegals working on the section’s merger and anticompetitive conduct investigations and enforcement. Beginning in 2021, she served concurrently as the Antitrust Division’s Special Counsel for Labor. In that capacity, she helped advance the Division’s civil and criminal enforcement in labor markets. She is a two-time recipient of the Assistant Attorney General’s Award of Distinction and she has testified before Congress about competition in labor markets.
She was previously an associate in the antitrust and financial services groups of an international law firm in New York, NY, where her antitrust practice focused on federal antitrust litigation, government investigations, and counseling.
Ms. Mekki holds a B.A. from Duke University, a J.D. from the University of Pennsylvania Law School, and an M.B.E. in Bioethics from the Department of Medical Ethics at the University of Pennsylvania Perelman School of Medicine.
Counsel, Cadwalader, Wickersham & Taft LLP; Senior Competition Counsel, TechFreedom
Bilal Sayyed represents clients before the Federal Trade Commission (FTC) and Department of Justice (DOJ) in significant merger, civil and criminal antitrust matters. A significant portion of his practice involves representing investment funds on antitrust and Hart-Scott-Rodino (HSR) Act compliance matters; he has also provided expert witness services related to HSR compliance. Bilal also counsels clients before the FTC in consumer protection and privacy investigations. He maintains an active amicus and appellate brief writing practice in antitrust litigation and antitrust merger matters.
Prior to joining Cadwalader, Bilal was the Director of the FTC’s Office of Policy Planning (OPP) (2018-2021). In that role, he provided legal and policy advice to the Chairman and Commissioners on antitrust and consumer protection matters and worked closely with the senior and career leadership of the FTC’s Bureaus of Competition, Consumer Protection, and Economics. Bilal previously served as an Attorney Advisor to FTC Chairman Timothy J. Muris from 2001 to 2004. In that role, Bilal advised the Chairman on matters involving a wide spectrum of industries, including chemical and mining, petroleum and natural gas, health care and pharmaceutical, defense and transportation, gaming, various consumer products and retail operations, and professional associations and standard-setting organizations.
Bilal has taught antitrust and competition law at the George Mason University School of Law since 2011.
Bilal received his B.A. from Case Western Reserve University, and a J.D. from George Mason University School of Law. He is admitted to practice in the District of Columbia and the State of New York, as well as before the U.S. District Courts for the District of Colorado and the District of Columbia, the U.S. Court of Appeals for the District of Columbia Circuit, the Fifth Circuit, the Ninth Circuit, and the U.S. Supreme Court.
Bilal is the host of Rethinking Antitrust, a podcast published by TechFreedom that examines the economics, institutions, law, legislation, and policy goals of antitrust enforcement.
Associate Professor, Northern Illinois University
Evan Bernick joined the NIU Law faculty in 2021. He teaches courses in constitutional law, criminal law, criminal procedure, administrative law and legislation.
From 2020 to 2021, Professor Bernick was a visiting professor at the Georgetown University Law Center and the executive director of the Georgetown Center for the Constitution. Before that, he served as a clerk to Judge Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit. From April 2017 to April 2019, he was a visiting lecturer at Georgetown and a resident fellow of the Center for the Constitution.
His scholarship covers a range of topics, from constitutional law, to philosophy of law, to social movements, to law enforcement. He has published with the Georgetown Law Journal, the Notre Dame Law Review, the William and Mary Law Review and the George Mason Law Review, among other journals. His book, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021), with Randy E. Barnett, was published by Harvard University Press under its Belknap imprint "for books of long-lasting importance, superior in scholarship and physical production, chosen whether or not they might be profitable."
Professor Bernick received his bachelor's degree in 2008 from the University of Chicago, where he studied philosophy and graduated with honors. He received his juris doctorate in 2011 from the University of Chicago Law School.
A Creature of Statute: American Antitrust Law
Stephanos Bibas, Daniel A. Crane, Ashley Keller, Doha Mekki, Bilal Sayyed
Although a creature of statute, American antitrust law functions in practice as a field of...
The CFPB, Justice Scalia, and Lone Dissents
This past Tuesday, the United States Court of Appeals for the D.C. Circuit—in arguably its...
Don't Thread on Me
A landmark decision against bureaucratic browbeating has advocates for limited government, free markets, and shapely...
Book Review: The Right to Try
Evan D. Bernick
Note from the Editor: This book review discusses the controversial concept of the constitutional “right...