Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Former Senator, State of Alabama
Luther J. Strange, III is a former Republican member of the U.S. Senate from the state of Alabama. Strange was first appointed to the Senate position by Gov. Robert Bentley on February 9, 2017. He replaced Jeff Sessions, who was confirmed as United States Attorney General.
Strange is the former Republican Attorney General of Alabama. He was first elected to the statewide position in 2010 and assumed office on January 17, 2011. Strange's first four-year term ended on January 19, 2015, and he won re-election to a second term on November 4, 2014.
Prior to his election as Attorney General, Luther Strange practiced law in Birmingham, Alabama. In 2010, U.S. News-Best Lawyers "Best Law Firms" gave his firm a first-tier ranking, and the firm was named as one of the Top Ten Law Firms that Understand Economic Development by Southern Business & Development magazine.
Before establishing his own law firm, Strange was a partner with Bradley Arant Boult Cummings LLP. During his time in private practice, he was recognized in Best Lawyers in America® , named Best of the Bar by the Birmingham Business Journal, and called one of the "Best Lawyers" in Alabama by Birmingham magazine.
His tenure in office was marked by a strong emphasis on fighting public corruption, including the conviction and removal from office of the Alabama House Speaker in June 2016. He was also a leader in opposing costly overregulation and the expansion of the federal government at the expense of the states.
Luther Strange served as the court-appointed Coordinating Counsel for the Gulf Coast States in the historic Deepwater Horizon Oil spill litigation. Strange was actively involved in trying the case, which led to a landmark settlement agreement to compensate Alabama for both economic and environmental damages as a result of that disaster.
Among many civic commitments, he has served on the Advisory Board of the United States Merchant Marine Academy and as a Trustee of Talladega College, Alabama’s oldest historically black college.
An Eagle Scout since he was 13 and a recipient of the Distinguished Eagle Scout Award from the Boy Scouts of America in 2011, Strange is passionate about encouraging young people in Alabama to become involved in public service.
Strange received both his undergraduate and law degrees from Tulane University. He was a scholarship basketball player while earning his undergraduate degree at Tulane. In June of 2016, he was inducted into the Tulane Law School Hall of Fame.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Former Senator, State of Alabama
Luther J. Strange, III is a former Republican member of the U.S. Senate from the state of Alabama. Strange was first appointed to the Senate position by Gov. Robert Bentley on February 9, 2017. He replaced Jeff Sessions, who was confirmed as United States Attorney General.
Strange is the former Republican Attorney General of Alabama. He was first elected to the statewide position in 2010 and assumed office on January 17, 2011. Strange's first four-year term ended on January 19, 2015, and he won re-election to a second term on November 4, 2014.
Prior to his election as Attorney General, Luther Strange practiced law in Birmingham, Alabama. In 2010, U.S. News-Best Lawyers "Best Law Firms" gave his firm a first-tier ranking, and the firm was named as one of the Top Ten Law Firms that Understand Economic Development by Southern Business & Development magazine.
Before establishing his own law firm, Strange was a partner with Bradley Arant Boult Cummings LLP. During his time in private practice, he was recognized in Best Lawyers in America® , named Best of the Bar by the Birmingham Business Journal, and called one of the "Best Lawyers" in Alabama by Birmingham magazine.
His tenure in office was marked by a strong emphasis on fighting public corruption, including the conviction and removal from office of the Alabama House Speaker in June 2016. He was also a leader in opposing costly overregulation and the expansion of the federal government at the expense of the states.
Luther Strange served as the court-appointed Coordinating Counsel for the Gulf Coast States in the historic Deepwater Horizon Oil spill litigation. Strange was actively involved in trying the case, which led to a landmark settlement agreement to compensate Alabama for both economic and environmental damages as a result of that disaster.
Among many civic commitments, he has served on the Advisory Board of the United States Merchant Marine Academy and as a Trustee of Talladega College, Alabama’s oldest historically black college.
An Eagle Scout since he was 13 and a recipient of the Distinguished Eagle Scout Award from the Boy Scouts of America in 2011, Strange is passionate about encouraging young people in Alabama to become involved in public service.
Strange received both his undergraduate and law degrees from Tulane University. He was a scholarship basketball player while earning his undergraduate degree at Tulane. In June of 2016, he was inducted into the Tulane Law School Hall of Fame.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Supreme Court & Appellate Litigation Chair, Lex Politica; Of Counsel, Alliance Defending Freedom
Erin Morrow Hawley serves as Chair of Lex Politica's Supreme Court and Appellate Practice overseeing the firm’s strategic appellate litigation and critical motions practice in the trial courts. Erin is an experienced litigator who represents clients in constitutional, regulatory, and appellate matters in federal and state courts throughout the country.
Erin has represented dozens of clients before the Supreme Court of the United States, served as lead counsel in high-profile cases raising novel constitutional and statutory issues, and authored numerous successful petitions for certiorari and briefs in opposition. She has argued in state and federal appellate and trial courts throughout the country, including the Supreme Court of the United States. Erin represents diverse clients in high-stakes litigation from state governments to faith-based nonprofits to Fortune 100 companies. She possesses expertise on a wide range of subject matters including administrative law, the First Amendment, religious liberty, federal jurisdiction, federal preemption, equitable jurisdiction, tax law, the Affordable Care Act, and Title IX.
Erin represents clients in cases where public communications strategy is paramount. She is a sought-after speaker and writer, has testified multiple times before Congress, and is a frequent presenter on constitutional and administrative law issues, including at the Oxford Union, the National Federalist Society Convention, and university campuses across the country. She is a frequent commentator to media outlets, including Fox News, MSNBC, the Wall Street Journal, WORLD, USA Today, the Federalist, and the Hill.
Erin previously oversaw Alliance Defending Freedom’s--where she still serves as Of Counsel--litigation strategies to empower women and protect the dignity of life, defend pregnancy centers’ First Amendment rights from government overreach, and safeguard Americans’ freedoms from the ever-encroaching administrative state.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Former Senator, State of Alabama
Luther J. Strange, III is a former Republican member of the U.S. Senate from the state of Alabama. Strange was first appointed to the Senate position by Gov. Robert Bentley on February 9, 2017. He replaced Jeff Sessions, who was confirmed as United States Attorney General.
Strange is the former Republican Attorney General of Alabama. He was first elected to the statewide position in 2010 and assumed office on January 17, 2011. Strange's first four-year term ended on January 19, 2015, and he won re-election to a second term on November 4, 2014.
Prior to his election as Attorney General, Luther Strange practiced law in Birmingham, Alabama. In 2010, U.S. News-Best Lawyers "Best Law Firms" gave his firm a first-tier ranking, and the firm was named as one of the Top Ten Law Firms that Understand Economic Development by Southern Business & Development magazine.
Before establishing his own law firm, Strange was a partner with Bradley Arant Boult Cummings LLP. During his time in private practice, he was recognized in Best Lawyers in America® , named Best of the Bar by the Birmingham Business Journal, and called one of the "Best Lawyers" in Alabama by Birmingham magazine.
His tenure in office was marked by a strong emphasis on fighting public corruption, including the conviction and removal from office of the Alabama House Speaker in June 2016. He was also a leader in opposing costly overregulation and the expansion of the federal government at the expense of the states.
Luther Strange served as the court-appointed Coordinating Counsel for the Gulf Coast States in the historic Deepwater Horizon Oil spill litigation. Strange was actively involved in trying the case, which led to a landmark settlement agreement to compensate Alabama for both economic and environmental damages as a result of that disaster.
Among many civic commitments, he has served on the Advisory Board of the United States Merchant Marine Academy and as a Trustee of Talladega College, Alabama’s oldest historically black college.
An Eagle Scout since he was 13 and a recipient of the Distinguished Eagle Scout Award from the Boy Scouts of America in 2011, Strange is passionate about encouraging young people in Alabama to become involved in public service.
Strange received both his undergraduate and law degrees from Tulane University. He was a scholarship basketball player while earning his undergraduate degree at Tulane. In June of 2016, he was inducted into the Tulane Law School Hall of Fame.
2021 Civil Justice Update
Mark A. Behrens
This paper reviews key civil justice issues and changes in 2021. Part I focuses on broad...
Topics
Corporate Finance for Law—Essential and Ethical
Legal finance as it has evolved in the U.S. over the last decade reflects a...
Third Party Litigation Financing: A Distorting or Reinforcing Practice?
Brian T. Fitzpatrick, Andrew Grossman, Erin M. Hawley, Luther Johnson Strange, Dean Reuter
On June 11, 2019, the Federalist Society's Litigation Practice Group hosted a panel titled "Third...
Third Party Litigation Financing: A Distorting or Reinforcing Practice?
Brian T. Fitzpatrick, Andrew Grossman, Erin M. Hawley, Dean Reuter, Luther Johnson Strange
On June 11, 2019, the Federalist Society's Litigation Practice Group hosted a panel titled "Third...
Third Party Litigation Financing: A Distorting or Reinforcing Practice?
Litigation Practice Group Event
Washington, DC