President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Laurence H. Silberman Chair in Constitutional Governance, American Enterprise Institute; Executive Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. He also directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
He writes on regulation and constitutional government for a variety of publications. He practiced law in Washington, D.C., after clerking for the D.C. Circuit's Judge David Sentelle. He also has been chairman of the ABA's Administrative Law Section.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court.
Founder, VCXC - Voice Communication Exchange Committee
Daniel Berninger is a Washington, DC based independent communication architect. Mr. Berninger's work started with the original assessment of VoIP at Bell Laboratories in 1995, technical contributions to the founding of Free World Dialup in 1996, and continued at VocalTec Communications where he led the first VoIP deployments at Verizon, HP, and NASA. He won a VON Pioneer Award as co-founder of the VON Coalition. Daniel also led the founding teams, created the business model, and recruited the CEO's for ITXC (NASDAQ: ITXC/Tom Evslin) and Vonage (NYSE: VG/Jeffrey Citron).
Assistant Attorney General, Civil Division, United States Department of Justice
Brett A. Shumate was sworn in as the Civil Division’s 36th Assistant Attorney General on June 11, 2025. He previously served in the Civil Division from 2017 to 2019 as the Deputy Assistant Attorney General for the Federal Programs Branch. Prior to rejoining the Department, Mr. Shumate was a partner at Jones Day in Washington, D.C.
Mr. Shumate clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit. He graduated from Wake Forest University School of Law and Furman University.
Managing Partner, Brown Wegner LLP
Mr. Brown leads a law firm in California focused on trials and appeals in intellectual property and other complex commercial disputes. Previously, he practiced for more than a decade in the Intellectual Property Group at Jones Day, was an Adjunct Professor at Chapman University School of Law, and served a judicial law clerk to a federal district judge in Los Angeles. Mr. Brown has been named a Southern California Super Lawyer for ten years, was listed among the Top 50 Lawyers in Orange County several years. He is a Master in the Howard T. Markey Intellectual Property American Inn of Court.
Education
Retired Partner, Kirkland & Ellis LLP
Mr. Jay Lefkowitz is a retired partner in Kirkland’s litigation practice and a member of the Firm’s Global Executive Management Committee. He is also an adjunct professor at Columbia Law School, where he teaches a seminar on Supreme Court advocacy. Mr. Lefkowitz has served as lead trial and appellate counsel in a wide variety of substantive areas, including shareholder disputes, antitrust, product liability, litigation against the FDA and False Claims Act matters. He has also conducted numerous internal investigations for public companies and audit committees.
In its 2013 release of “The 100 Most Influential Lawyers in America,” The National Law Journal describes Mr. Lefkowitz as “a leading voice on school choice issues” and “a no-nonsense appellate and antitrust lawyer for an array of blue-chip clients.” The Legal 500 U.S. noted that Mr. Lefkowitz “provides a depth of understanding and influence in some of the highest courts of our country,” and in Chambers USA, America’s Leading Lawyers for Business, clients say, “‘Jay is brilliant; there is no other way to put it.’” Mr. Lefkowitzwas also named a Law360 “MVP of the Year” in 2011 for his Appellate practice, and in 2012, 2013, 2014 and 2015 for his Life Sciences work. Mr. Lefkowitz is one of only three of the 189 MVPs named to the list five years in a row. The American Lawyer named him its “Lawyer of the Week” in December 2012 for his role in winning an antitrust lawsuit in the pharmaceutical industry.
Mr. Lefkowitz has taken on groundbreaking work for high-profile clients, representing more than a dozen major pharmaceutical, medical device and health care companies in important and frequently precedent-setting matters. Mr. Lefkowitz has won two landmark 5-4 decisions at the U.S. Supreme Court in favor of the pharmaceutical industry overturning the decision of three Circuit Courts of Appeal. In Pliva v. Mensing in 2011, on behalf of Teva and Actavis, Mr. Lefkowitz convinced the Court to reject the views of the FDA and the Solicitor General and establish that generic drug companies may no longer be sued for “failure to warn claims,” finding that federal law preempts state law under the Constitution’s supremacy clause. His victory in Mutual v. Bartlett in 2013, overturned a $21 million verdict on behalf of Sun Pharmaceuticals, and extended the Mensing ruling to cover design defect claims.
Partner, Drinker Biddle & Reath LLP
Jeff Jacobson defends consumer, privacy and securities class actions, and represents media, technology and other companies in general commercial litigation. With nearly two decades in private practice and several years of experience at the highest levels of the New Jersey Attorney General’s Office, Mr. Jacobson assists his clients to resolve and minimize the reputational damage and business interruptions that can arise from litigation, particularly costly class actions. In addition, Mr. Jacobson has considerable and proven skills in managing the electronic discovery challenges presented by complex litigation and investigative matters.
During his tenure as director of the New Jersey Division of Law and chief counsel to the New Jersey Attorney General (2014-16), Mr. Jacobson oversaw law enforcement investigations involving consumer protection and data privacy, chaired the Attorney General’s Cyber Working Group, and oversaw more than 500 lawyers who represented all agencies of state government in defensive and affirmative litigation. Throughout his tenure, Jeff personally handled some of the state’s highest profile cases in state and federal court.
Because Mr. Jacobson has chaired both the prosecution and defense of major consumer fraud and privacy litigation, he is able to provide his clients with the benefit of a truly multifaceted and strategic perspective regarding even the highest-stakes claims. Mr. Jacobson has successfully defended consumer fraud and privacy-related class actions for media, electronics and consumer products companies, as well as securities class actions for U.S.-based and foreign private issuers in federal and state trial and appellate courts.
Class actions can be both costly and disruptive, so Mr. Jacobson strives to resolve such matters in his client’s favor as quickly and inexpensively as possible. This may mean moving the court to deny class certification at the earliest stage of a case, seeking quick summary judgment on key issues underlying the class motion, or devising a settlement that costs less than litigating the case. In matters requiring extensive discovery, Mr. Jacobson focuses on avoiding unnecessary tasks and minimizing vendor costs.
Mr. Jacobson has been selected to the Data Protection and Privacy and Securities Litigation lists by US Legal 500, a Legalease Publication. A description of the selection methodology can be found at www.legal500.com/assets/pages/about-us/how-it-works.html#rank. He has also been recognized as a Securities Litigation “Star” in the IFLR Benchmark Litigation Guide. A description of the selection methodology can be found at www.benchmarklitigation.com/general/research. (No aspect of these advertisements have been approved by the Supreme Court of New Jersey.)
Mr. Jacobson has written extensively on class action defense and e-discovery strategies for the New York Law Journal, Class Action Litigation Report, Product Liability Law 360, and other publications. He is also a member of the advisory board of the Association of Certified E-Discovery Specialists, and served on a New Jersey Supreme Court task force to assess attorney ethics issues arising from metadata in electronic documents.
Partner, Sidley Austin LLP
Alan Raul is the founder and leader of Sidley’s highly ranked Privacy, Data Security and Information Law practice. He represents companies on federal, state and international privacy and cybersecurity issues, including global data protection and compliance programs, data breaches, consumer protection issues and Internet law. Mr. Raul advises companies regarding their cybersecurity and information governance and preparedness, and helps them address crisis management for data security incidents. Mr. Raul’s practice involves litigation and counseling regarding consumer class actions and investigations, enforcement actions and policy development by the FTC, State Attorneys General, SEC, Department of Justice and other government agencies.
Mr. Raul provides clients with perspective gained from extensive government service. He previously served as Vice Chairman of the White House Privacy and Civil Liberties Oversight Board, General Counsel of the Office of Management and Budget, General Counsel of the U.S. Department of Agriculture, and Associate Counsel to the President.
Mr. Raul serves as a member of the Data Security, Privacy, and Intellectual Property Litigation Advisory Committee of the U.S. Chamber Litigation Center (affiliated with the U.S. Chamber of Commerce). He also serves ex officio on the American Bar Association’s Cybersecurity Legal Task Force by past appointment of the ABA President, and as a member of the Practicing Law Institute’s (PLI) Privacy Law Advisors Group.
Mr. Raul has represented a Special Cybersecurity Review Committee of the Board of Directors of a major tech company in connection with its independent investigation of the company’s handling of major data breaches.
In addition to leading a “Privacy and Data Security” practice nationally rated by Chambers Global and Chambers USA, Mr. Raul is ranked by Chambers in its top tier of Privacy and Data Security practitioners. Chambers USA has described Mr. Raul as a “true ‘ambassador’ for the privacy sector” who “attracts praise for his deep knowledge of the field. Interviewees stress that ‘he gives invaluable advice’ and is known to be a strong litigator. He also earns plaudits for his regulatory compliance and data protection policy expertise.” He has been named as a leading international Internet and E-Commerce Lawyer in Who’s Who Legal. Mr. Raul was also named to Ethisphere Institute’s “Attorneys Who Matter” in Data Privacy/Security, which recognizes lawyers with the highest commitment to public service, legal community engagement and academic involvement. In 2016, the Washingtonian named Mr. Raul one of Washington, DC’s Best Lawyers: Cybersecurity.
In 1991, Mr. Raul co-founded the “Lawyers Have Heart” 10K run and walk, to benefit the American Heart Association. He continues his active involvement with the event.
Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom
Gregory S. Baylor serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Religious Schools and senior counsel with the Center for Public Policy.
Since joining ADF in 2009, Baylor has focused on defending and advancing the religious freedom of faith-based educational institutions through advice, education, legislative and public advocacy, and representation in disputes. He has testified about religious liberty issues three times before congressional committees and numerous times before state legislative committees.
Greg serves on the board of directors of the International Alliance for Christian Education, the board of directors of the Association for Biblical Higher Education, the board of directors of the Association for Christian Schools International, the board of advisors of the Museum of the Bible, and advisory board of the Center for Academic Faithfulness and Flourishing.
Greg earned his Juris Doctor in 1990 from Duke University School of Law, where he graduated Order of the Coif, with high honors, and served on the editorial board of the Duke Law Journal. He received his bachelor’s degree in Honors English in 1987 from Dartmouth College. Following graduation from law school, he served as law clerk to the Hon. Jerry E. Smith on the U.S. Court of Appeals for the Fifth Circuit. He practiced labor and employment law at two large international law firms for three years before joining the staff of Christian Legal Society’s Center for Law and Religious Freedom, where he served for 15 years prior to joining ADF. He lives in Northern Virginia with his wife (a medical doctor) and two daughters.
Shareholder, Rogers Joseph O’Donnell
Brian D. Miller is a shareholder in the Washington, D.C. office, of Rogers Joseph O’Donnell, where he represents clients in False Claims Act investigations and other investigations, audits, and reviews. He also serves as a corporate monitor for defense and other federal contractors in criminal and other matters. With over 27 years of experience as a federal prosecutor, Senate-confirmed inspector general, and civil litigator, Mr. Miller’s experience is unique. For example, he has represented a federal magistrate judge and the Attorney General in civil litigation. He has also personally issued grand jury subpoenas, signed inspector general subpoenas, and received testimony from civil investigative demands—something very few, if any, other attorneys have done. For nearly the last decade, Mr. Miller served as the Inspector General for the U.S. General Services Administration where he led over 300 auditors, special agents, attorneys, and support staff in conducting nationwide government audits and high profile investigations. As Inspector General, Mr. Miller is well known for his report on the excesses at a GSA conference in Las Vegas. Mr. Miller frequently testified before Congress regarding his investigations and audits. Earlier in Mr. Miller’s career, he held several high level positions within the U.S. Department of Justice, including senior counsel to the deputy attorney general and special counsel on healthcare fraud. He served as an Assistant United States Attorney for over a decade, where he prosecuted terrorists, fraudsters, and drug kingpins.
Partner, Mayer Brown LLP
Marcia Madsen was Chair of the Government Contracts practice and co-chair of the National Security Practice at Mayer Brown. She represented contractors in regulatory, policy, transactional, litigation, and investigative matters involving virtually every federal agency. Her clients included defense contractors, information technology and systems integrators, telecommunications companies, engineering firms, insurers, and manufacturing companies. Ms. Madsen's practice included defense of False Claims Act matters, internal investigations, audits, bid protests, claims and disputes before administrative forums and in the federal courts. She was a former Chair of the American Bar Association Section of Public Contract Law and currently co-chairs the Section’s Procurement Fraud Committee. She also is a member of the Federalist Society Administrative Law and Regulation Executive Committee. In addition, Marcia was a member of the Court of Federal Claims Advisory Council - Emeritus, and a recipient of the Court's Golden Eagle award. She was a Past President of the Board of Contract Appeals Bar Association. She was appointed by the Executive Office of the President to chair the Section 1423 Panel which recommended revision of the acquisition laws. She spoke and wrote frequently on government contracts and litigation topics.
Georgetown University Law Center, LL.M., 1980
American University - Washington College of Law, J.D., 1976
University of Utah, B.A., 1972
Andrew A. Hufford is an Intellectual Property attorney with Brinks Gilson & Lione. His practice emphasizes US and global patent prosecution in biopharma, chemistry, and plant genetics. He also has significant experience in patent and trade secret litigation, inter-partes review, and patent due diligence. Mr. Hufford is the Vice Chair of the Utah State Bar Intellectual Property Section; a founding member of the David K. Winder IP Inns of Court; and an active member of the American Bar Association’s IP Law Section.
Mr. Hufford was a Professor of Biology before practicing law. He holds a Bachelor of Science (Cum Laude, Phi Beta Kappa) and Master of Science in Biochemistry, and spent several years conducting clinical pharmacology research. He earned his J.D. from the University of Houston, where he was an Articles Editor with the Houston Journal of Health Law and Policy and a member of the Moot Court and Mock Trial teams.
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
Retired, Winston & Strawn LLP
Jerry Loeser is of counsel in the Chicago office of Winston & Strawn, and his practice focuses on banking regulation. He has extensive experience in counseling financial services clients on, among other things, bank acquisitions, privacy, financial modernization, the USA PATRIOT Act, Basel II and III, lending limits, capital, trust, affiliate transactions, and Federal Reserve, OCC, FDIC, and CFPB regulations.
Prior to working at large corporate law firms, Jerry was chief regulatory and compliance counsel for Comerica Bank, where he also served as senior vice president and deputy general counsel and as general counsel of its retail bank division. Before that, he served as chief regulatory in-house counsel at Wells Fargo & Co. Jerry began his legal career advising the Board of Governors of the Federal Reserve System in Washington, D.C.
Clinical Professor and Senior Scholar and Senior Fellow for Copyright Research and Policy of C-IP2, Antonin Scalia Law School, George Mason University
Sandra Aistars is Senior Fellow for Copyright Research and Policy and a Senior Scholar at the Center for Intellectual Property x Innovation Policy (C-IP2). She also leads the law school’s Arts & Entertainment Advocacy Program. Professor Aistars has over twenty years of advocacy experience on behalf of copyright and other intellectual property owners. She has served on trade missions and been an industry advisor to the Department of Commerce on intellectual property implications for international trade negotiations; worked on legislative and regulatory matters worldwide; frequently testified before Congress and federal agencies regarding intellectual property matters; chaired cross-industry coalitions and technology standards efforts; and is regularly tapped by government agencies to lecture in U.S. government-sponsored study tours for visiting legislators, judges, prosecutors, and regulators.
Immediately prior to joining Scalia Law, Professor Aistars was the Chief Executive Officer of the Copyright Alliance – a nonprofit, public interest organization that represents the interests of artists and creators across the creative spectrum. While at Scalia Law, she continues to collaborate with the Copyright Alliance as a member of its Academic Advisory Board. Professor Aistars currently serves on the boards of the Washington Area Lawyers for the Arts (WALA) and the Howard Intellectual Property Program (HIPP), and she has previously served as trustee of the Copyright Society of the USA (CSUSA). Professor Aistars has also previously served as Vice President and Associate General Counsel at Time Warner Inc. She began her legal career in private practice at Weil, Gotshal and Manges LLP.
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