President, Norton Regulatory Strategies and Former Secretary, U.S. Department of the Interior
Gale Norton has three decades of experience handling energy, natural resources, and environmental issues. As Secretary of the Interior, 2001-2006, she played a key role in shaping national energy policies. A member of President George W. Bush’s Cabinet, Norton was responsible for managing over 20% of the land area of the United States, a Fortune-500-sized budget, and a workforce of 70,000 employees.
In the face of crises including the September 11th attacks and the War on Terror, increasing domestic energy production became a major focus for Norton’s term. She oversaw lands and offshore areas that produced a third of America's domestic oil, natural gas, and coal. She was actively involved in consideration of the Energy Policy Act of 2005, offshore and onshore oil and gas production, coal mine leasing and reclamation, hydroelectric generation, as well as biomass, wind and geothermal development.
Norton led efforts that resolved 70-year-old interstate disputes on the Colorado River and instituted a west-wide water conservation program. She championed the President's Healthy Forest Initiative and Cooperative Conservation.
Norton returned to Colorado as General Counsel for Royal Dutch Shell Unconventional Oil, 2007-2010. She was a member of Shell’s global legal leadership team, and handled legal, regulatory and governmental issues for Shell’s oil shale and in-situ oil sands projects, primarily in Colorado and Alberta.
As an attorney, Norton has handled multi-billion-dollar and high-profile litigation involving products liability, antitrust, taxation, environmental and constitutional issues, including arguing cases before the US Supreme Court and negotiating one of the largest lawsuit settlements in history. Norton served two terms as the elected Attorney General of Colorado, 1991-1999.
Norton’s background also includes serving as senior counsel at Brownstein, Hyatt & Farber, P.C.; Associate Solicitor of the U.S. Department of the Interior; Assistant to the Deputy Secretary of Agriculture; National Fellow of Stanford University’s Hoover Institution; and Senior Attorney for Mountain States Legal Foundation. Norton has a B.A., J.D. and honorary Ph.D. from the University of Denver, and an honorary Dr. Eng. from the Colorado School of Mines. She has chaired the National Park Foundation and the Migratory Bird Conservation Commission.
Norton is currently a Senior Advisor for Clean Range Ventures, an energy technology venture capital firm. She serves on boards for the Federalist Society, the Reagan Alumni Association, and the University of Colorado Renewable and Sustainable Energy Institute. She and her husband, John Hughes, are avid international travelers, golfers, skiers and outdoor enthusiasts.
Attorney, Robinson, Bradshaw & Hinson, PA
Erik Zimmerman is a commercial and appellate litigator. He previously clerked for Chief Justice John G. Roberts Jr. of the U.S. Supreme Court and the Honorable J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. Aided by his experience in the judicial system, Erik represents clients at all levels of the federal and state courts, including the U.S. Supreme Court, federal and state appellate and trial courts, and federal administrative agencies.
Erik has experience in a broad range of subject areas, including contract disputes, employment and labor law, ERISA, and health care and health insurance law. He also represents clients in cases involving constitutional law, communications law, fraud, the False Claims Act, product liability, punitive damages and federal preemption of state law.
Erik's representative matters include helping to secure dismissal of a multibillion dollar breach of contract action in federal district court. He also successfully represented a client in appealing a judgment of nearly $100 million to the U.S. Court of Appeals for the Fourth Circuit in another contract dispute.
Erik also maintains an active pro bono practice. He has represented clients in federal and state appeals involving issues of criminal law, the Fourth Amendment and landlord-tenant law. Erik is admitted only in the District of Columbia.
Member, Miller & Chevalier Chartered
Timothy P. O'Toole defends individuals and companies in white collar criminal prosecutions, conducts internal corporate investigations, and represents potential witnesses and targets in government investigations. His white collar criminal defense practice includes matters involving the Foreign Corrupt Practices Act, criminal tax, conspiracy, false representations to government agencies, bribery, illegal gratuities, obstruction of justice, and fraud.
Mr. O’Toole also handles complex litigation arising under the Employee Retirement Income Security Act (ERISA). His ERISA practice spans a broad spectrum, including fiduciary litigation, pre-emption matters, and cases arising under Title IV. He has represented plan sponsors in benefits litigation and has particular experience in defending breach of fiduciary duty claims. Mr. O’Toole also currently represents a number of retiree organizations in challenges to the manner in which the Pension Benefit Guaranty Corporation (PBGC) has handled the termination of their pension plans and administered their pension benefits.
Mr. O'Toole is experienced in handling criminal and civil appeals, having presented more than 25 appellate arguments in the state and federal courts, and represented parties and amici curiae before the United States Supreme Court in a Fourth Amendment case (Hudson v. Michigan), cases involving the Sixth Amendment right to confront witnesses (Briscoe v. Virginia; Melendez-Diaz v. Massachusetts; Davis v. Washington; and Hammon v. Indiana), and cases involving federal court jurisdiction (Slack v. McDaniel; Whorton v. Bockting; Muhammad v. Close; and Rumsfeld v. Padilla).
Prior to joining Miller & Chevalier, Mr. O’Toole served as the Chief of the Special Litigation Division of the Public Defender Service for the District of Columbia, where he supervised and handled complex cases in the local and federal courts. He is a former Assistant Federal Public Defender in Las Vegas, Nevada, where he represented people under sentence of death in federal proceedings.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary, Walmart Inc.
Rachel Brand is Walmart’s executive vice president of global governance, chief legal officer, and corporate secretary. She oversees the company’s global legal, compliance, ethics, corporate governance, digital citizenship, aviation, investigative, and corporate security functions, including Walmart’s Emergency Operations Center.
Immediately before joining Walmart, Rachel served as the United States Associate Attorney General and holds the distinction of being the first woman to serve in this role. She had previously served in the U.S. Department of Justice as the Assistant Attorney General for the Office of Legal Policy during President George W. Bush’s administration. Her other government service includes an appointment by President Obama to serve as a Member of the U.S. Privacy and Civil Liberties Oversight Board, service as an Associate Counsel to the President at the White House, and judicial clerkships with Justice Charles Fried of the Supreme Judicial Court of Massachusetts and Justice Anthony Kennedy at the Supreme Court of the United States. In the private sector, Rachel was a lawyer in private practice at two law firms in Washington, D.C. and served as the Vice President and Chief Counsel for Regulatory Litigation at the U.S. Chamber of Commerce Litigation Center.
Rachel serves on the board of directors for the Walmart Foundation and is the executive sponsor for Walmart’s Tribal Voices Associate Resource Group. Outside of Walmart, she serves on the board of directors for the International Justice Mission and is a member of The American Law Institute.
Rachel earned her Bachelor of Arts degree from the University of Minnesota-Morris and her J.D. from Harvard Law School.
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