Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Partner, Jones Day
Don McGahn represents clients before government agencies, in enforcement matters, and in court disputes arising from government regulation or action. He handles litigation, crisis management, regulatory compliance, and political issues.
Prior to rejoining Jones Day in 2019, Don served as Counsel to the President of the United States, advising Donald J. Trump on all legal issues concerning the President and his administration, including constitutional and statutory authority, executive orders, international agreements, tariffs, trade, administrative law, and national security. Don also managed the judicial selection process for the President. During Don's tenure, a historic number of judges were appointed to the federal bench, including two Supreme Court justices. In addition, he spearheaded President Trump's deregulation efforts, which resulted in deregulation at record rates. Following Don's departure from the White House, the President appointed him to the Council of the Administrative Conference of the United States, a nonpartisan, independent agency dedicated to promoting improvement to administrative agency processes.
Don's accomplishments have been recognized at the highest levels of government. Senate Majority Leader Mitch McConnell stated that Don concluded his tenure "not only as the best White House Counsel I've seen on the job, but more broadly, as one of the most successful and consequential aides to any President in recent memory."
Don was nominated by President George W. Bush in 2008, and confirmed in the Senate by unanimous consent, to serve as a member of the Federal Election Commission. He also served as outside Counsel to the Committee on House Administration during the 113th and 114th Congresses and as general counsel to the National Republican Congressional Committee.
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
President, Senior Executives Association
Bill Valdez was appointed as the President of the Senior Executives Association (SEA) in September 2016. As President, he sets SEA’s overall strategic direction and is focused on strengthening the Senior Executive Service (SES) through legislative and policy initiatives, building a leadership pipeline for the Executive Branch, and establishing SEA as a thought leader in the Washington, DC policy debates that impact not only the SES, but all civil service employees.
Mr. Valdez retired from Federal service as a career Senior Executive in July 2014. His career with the Department of Energy spanned over 20 years and he has extensive knowledge in the areas of R&D portfolio analysis and evaluation, energy/environmental technologies and policies, small business development, supply chain analysis, science and engineering workforce development, budget planning and execution, diversity and equal opportunity issues, science policy, human capital processes and policies, procurement processes and policies, corporate and strategic planning, and contract management.
Mr. Valdez held the positions of Acting Director, DOE Office of Economic Impact and Diversity; Director of Business Services, Office of Energy Efficiency and Renewable Energy; and Director of Planning and Analysis, and Director for Workforce Development within DOE’s Office of Science. In addition, he was co-chair of the National Science and Technology Council’s Science of Science Policy Interagency Working Group from 2005-2014, and was a senior advisor at the White House Office of Science and Technology Policy (OSTP) in the 1990s.
Mr. Valdez is an Adjunct Faculty at American University’s School of Public Affairs, where he specializes in Federal government evaluation and strategic planning and is a co-editor of “The Handbook of Federal Government Leadership and Administration,” which was published in November 2016.
Mr. Valdez was awarded the Presidential Rank Award (meritorious) in 2007, was elected as a Fellow of the American Association for the Advancement of Science (AAAS) in 2006, and was elected to Senior Executive Association’s Board of Directors in 2005 and served as Chairman from 2011-13.
Prior to working at DOE, Mr. Valdez worked as a Senior Project Manager in private industry where he provided strategic planning services to Asian and European multinational corporations. He also was a reporter in Austin, Texas.
Mr. Valdez received a Bachelor of Arts from the University of Texas and his Master of Arts in International Economics and Energy Policy from the Johns Hopkins School of Advanced International Studies.
Senior Counsel, Covington & Burling LLP and Founder & Chair, Common Good
Philip K. Howard is a well-known leader of government and legal reform in America. He is Chair of Common Good and a bestselling author, and has advised both parties on needed reforms. In his new book, Not Accountable (Rodin Books, 2023), he argues that public employee unions undermine democratic governance and should be unconstitutional.
Philip is the author of the bestseller The Death of Common Sense (Random House, 1995), The Collapse of the Common Good (Ballantine Books, 2002), Life Without Lawyers (W.W. Norton, 2009), The Rule of Nobody (W.W. Norton, 2014), and Try Common Sense (W.W. Norton, 2019). His commentaries are published frequently in major media outlets.
In 2002, Philip formed Common Good, a nonpartisan coalition dedicated to simplifying laws so that Americans can use common sense in daily choices. His 2010 TED Talk has been viewed by more than 750,000 people. His 2015 report, “Two Years, Not Ten Years,” exposed the economic and environmental costs of delayed infrastructure approvals, and its proposals have since been incorporated into federal law. Philip has appeared often on television and radio, including several times on Jon Stewart’s “The Daily Show.”
The son of a minister, Philip got his start working summers at the Oak Ridge National Laboratory for Nobel laureate Eugene Wigner. He has been active in public affairs his entire adult life. He is Senior Counsel at the law firm Covington & Burling, LLP. A graduate of Yale College and the University of Virginia Law School, Philip lives in Manhattan with his wife Alexandra. They have four children.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Edward F. Berbarie represents and advises clients in a wide range of employment and traditional labor related matters. Mr. Berbarie is board certified in labor and employment law by the Texas Board of Legal Specialization, and he has significant experience in representing and advising clients in complex commercial disputes.
Mr. Berbarie is one of the firm’s subject matter resources in the field of employment arbitration agreements and a core member of Littler’s Alternative Dispute Resolution Practice Group. A large part of his practice is devoted to drafting and enforcing arbitration agreements and arbitrating labor and employment matters. He has argued arbitration enforcement issues in state and federal courts across the country, including appellate and state supreme courts. He was counsel for petitioner in a case involving arbitration enforcement issues that was successful before the U. S. Supreme Court. He frequently writes and speaks on arbitration topics, including the latest developments in arbitration law.
Mr. Berbarie has defended clients in all types of cases from single-plaintiff matters to class action and collective actions. Additionally, he has successfully defended management numerous times against grievances and unfair labor practice charges.
Shareholder, Littler Mendelson P.C.
Maury Baskin focuses his Washington, DC-based practice on national labor policy, challenging excessive government regulation on behalf of small and large businesses, while advising employers in compliance issues. He has extensive experience in dealing with labor relations and union pressure tactics, employment discrimination and wage and hour law. He has represented a variety of industry sectors, advising clients involved in construction, government contracting, higher education, telecommunications, hospitality, security, and nonprofits.
Mr. Baskin has served as lead counsel at all levels of the federal and state courts and before the U.S. Supreme Court, and has recently led successful challenges against nationwide federal labor regulations on behalf of multi-industry coalitions, including the 2016 “white collar” overtime rule and the so-called “blacklisting” rule. He has also succeeded in the courts in numerous cases involving the National Labor Relations Board (NLRB) and the Department of Labor (DOL). Mr. Baskin is the Chair of Littler's Construction Industry Group and has long represented the Associated Builders and Contractors (ABC) national trade association and many of its construction industry members. On their behalf, he has been one of the leading advocates against government-mandated project labor agreements, prevailing wage expansion, and union corporate campaigns.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Senior Counsel, Covington & Burling LLP and Founder & Chair, Common Good
Philip K. Howard is a well-known leader of government and legal reform in America. He is Chair of Common Good and a bestselling author, and has advised both parties on needed reforms. In his new book, Not Accountable (Rodin Books, 2023), he argues that public employee unions undermine democratic governance and should be unconstitutional.
Philip is the author of the bestseller The Death of Common Sense (Random House, 1995), The Collapse of the Common Good (Ballantine Books, 2002), Life Without Lawyers (W.W. Norton, 2009), The Rule of Nobody (W.W. Norton, 2014), and Try Common Sense (W.W. Norton, 2019). His commentaries are published frequently in major media outlets.
In 2002, Philip formed Common Good, a nonpartisan coalition dedicated to simplifying laws so that Americans can use common sense in daily choices. His 2010 TED Talk has been viewed by more than 750,000 people. His 2015 report, “Two Years, Not Ten Years,” exposed the economic and environmental costs of delayed infrastructure approvals, and its proposals have since been incorporated into federal law. Philip has appeared often on television and radio, including several times on Jon Stewart’s “The Daily Show.”
The son of a minister, Philip got his start working summers at the Oak Ridge National Laboratory for Nobel laureate Eugene Wigner. He has been active in public affairs his entire adult life. He is Senior Counsel at the law firm Covington & Burling, LLP. A graduate of Yale College and the University of Virginia Law School, Philip lives in Manhattan with his wife Alexandra. They have four children.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Partner, Jones Day
Don McGahn represents clients before government agencies, in enforcement matters, and in court disputes arising from government regulation or action. He handles litigation, crisis management, regulatory compliance, and political issues.
Prior to rejoining Jones Day in 2019, Don served as Counsel to the President of the United States, advising Donald J. Trump on all legal issues concerning the President and his administration, including constitutional and statutory authority, executive orders, international agreements, tariffs, trade, administrative law, and national security. Don also managed the judicial selection process for the President. During Don's tenure, a historic number of judges were appointed to the federal bench, including two Supreme Court justices. In addition, he spearheaded President Trump's deregulation efforts, which resulted in deregulation at record rates. Following Don's departure from the White House, the President appointed him to the Council of the Administrative Conference of the United States, a nonpartisan, independent agency dedicated to promoting improvement to administrative agency processes.
Don's accomplishments have been recognized at the highest levels of government. Senate Majority Leader Mitch McConnell stated that Don concluded his tenure "not only as the best White House Counsel I've seen on the job, but more broadly, as one of the most successful and consequential aides to any President in recent memory."
Don was nominated by President George W. Bush in 2008, and confirmed in the Senate by unanimous consent, to serve as a member of the Federal Election Commission. He also served as outside Counsel to the Committee on House Administration during the 113th and 114th Congresses and as general counsel to the National Republican Congressional Committee.
Judge, United States Court of Appeals, D.C. Circuit
Judge Randolph was confirmed by the Senate and appointed to the United States Court of Appeals for the District of Columbia Circuit by President George H. W. Bush in July 1990.
Judge Randolph received his B.S. degree in 1966 from Drexel University, majoring in economics and basic engineering. At Drexel, he was president of the debate society, vice president of the Student Senate, and a member of the varsity wrestling squad. In 1969, he received his J.D. from the University of Pennsylvania, summa cum laude. Judge Randolph ranked first in his law school class all three years and was managing editor of the Law Review.
After graduation, Judge Randolph served as a law clerk to Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit in New York.
Admitted to the California Bar in 1970 (and to the District of Columbia bar in 1973), Judge Randolph worked as Assistant to the Solicitor General, U.S. Department of Justice, in Washington, D.C., 1970-1973.
After two years in private practice, Judge Randolph was named Deputy Solicitor General of the United States, a position he held from 1975-1977.
In 1979, Judge Randolph was appointed Special Counsel to the Committee on Standards of Official Conduct (the Ethics Committee) of the United States House of Representatives, remaining in this position until 1980.
In the 1980s, Judge Randolph held a number of positions while in private practice, including Special Assistant Attorney General for the states of New Mexico (1985 90), Utah (1986-1990) and Montana (1983-1990). He also served as a Member of the Advisory Panel of the Federal Courts Study Committee.
From 1971-1990, Judge Randolph argued 23 times in the United States Supreme Court, winning 20 of his cases.
As an Adjunct Professor of Law at Georgetown University Law Center from 1974-1978 he taught courses in civil procedure and injunctions. In 1992 he taught a course in constitutional law. He is a Distinguished Adjunct Professor of Law at George Mason School of Law and for the past ten years has been teaching First Amendment law. He also serves on the Judicial Advisory Board of the George Mason University Law and Economics Center.
From 1993 through 1995 Judge Randolph was a member of the Committee on Codes of Conduct of the Judicial Conference of the United States, and from 1995 to 1998 served as the Committee's chairman. He also served as the judicial liaison to the American Bar Association’s Administrative Law Section.
Judge Randolph is a member of the Board of Visitors at Drexel University Law School and was named to the “Drexel One Hundred” as a leading alumnus. In 2002 he was presented the James Wilson Award by the University of Pennsylvania Law School. In November 2005 he delivered the Fifth Annual Barbara K. Olson Memorial Lecture at the Annual Lawyers Convention of the Federalist Society. He has published numerous articles, the most recent of which is in the June 2006 issue of the Harvard Journal of Law and Public Policy.
Judge Randolph is married to the Honorable Eileen J. O’Connor, formerly Assistant Attorney General, Tax Division, U.S. Department of Justice. His son John Trevor Randolph is an investment banker in New York. His daughter Cynthia Lee Randolph is an artist living in San Francisco.
President, Senior Executives Association
Bill Valdez was appointed as the President of the Senior Executives Association (SEA) in September 2016. As President, he sets SEA’s overall strategic direction and is focused on strengthening the Senior Executive Service (SES) through legislative and policy initiatives, building a leadership pipeline for the Executive Branch, and establishing SEA as a thought leader in the Washington, DC policy debates that impact not only the SES, but all civil service employees.
Mr. Valdez retired from Federal service as a career Senior Executive in July 2014. His career with the Department of Energy spanned over 20 years and he has extensive knowledge in the areas of R&D portfolio analysis and evaluation, energy/environmental technologies and policies, small business development, supply chain analysis, science and engineering workforce development, budget planning and execution, diversity and equal opportunity issues, science policy, human capital processes and policies, procurement processes and policies, corporate and strategic planning, and contract management.
Mr. Valdez held the positions of Acting Director, DOE Office of Economic Impact and Diversity; Director of Business Services, Office of Energy Efficiency and Renewable Energy; and Director of Planning and Analysis, and Director for Workforce Development within DOE’s Office of Science. In addition, he was co-chair of the National Science and Technology Council’s Science of Science Policy Interagency Working Group from 2005-2014, and was a senior advisor at the White House Office of Science and Technology Policy (OSTP) in the 1990s.
Mr. Valdez is an Adjunct Faculty at American University’s School of Public Affairs, where he specializes in Federal government evaluation and strategic planning and is a co-editor of “The Handbook of Federal Government Leadership and Administration,” which was published in November 2016.
Mr. Valdez was awarded the Presidential Rank Award (meritorious) in 2007, was elected as a Fellow of the American Association for the Advancement of Science (AAAS) in 2006, and was elected to Senior Executive Association’s Board of Directors in 2005 and served as Chairman from 2011-13.
Prior to working at DOE, Mr. Valdez worked as a Senior Project Manager in private industry where he provided strategic planning services to Asian and European multinational corporations. He also was a reporter in Austin, Texas.
Mr. Valdez received a Bachelor of Arts from the University of Texas and his Master of Arts in International Economics and Energy Policy from the Johns Hopkins School of Advanced International Studies.
Edward F. Berbarie represents and advises clients in a wide range of employment and traditional labor related matters. Mr. Berbarie is board certified in labor and employment law by the Texas Board of Legal Specialization, and he has significant experience in representing and advising clients in complex commercial disputes.
Mr. Berbarie is one of the firm’s subject matter resources in the field of employment arbitration agreements and a core member of Littler’s Alternative Dispute Resolution Practice Group. A large part of his practice is devoted to drafting and enforcing arbitration agreements and arbitrating labor and employment matters. He has argued arbitration enforcement issues in state and federal courts across the country, including appellate and state supreme courts. He was counsel for petitioner in a case involving arbitration enforcement issues that was successful before the U. S. Supreme Court. He frequently writes and speaks on arbitration topics, including the latest developments in arbitration law.
Mr. Berbarie has defended clients in all types of cases from single-plaintiff matters to class action and collective actions. Additionally, he has successfully defended management numerous times against grievances and unfair labor practice charges.
Shareholder, Littler Mendelson P.C.
Maury Baskin focuses his Washington, DC-based practice on national labor policy, challenging excessive government regulation on behalf of small and large businesses, while advising employers in compliance issues. He has extensive experience in dealing with labor relations and union pressure tactics, employment discrimination and wage and hour law. He has represented a variety of industry sectors, advising clients involved in construction, government contracting, higher education, telecommunications, hospitality, security, and nonprofits.
Mr. Baskin has served as lead counsel at all levels of the federal and state courts and before the U.S. Supreme Court, and has recently led successful challenges against nationwide federal labor regulations on behalf of multi-industry coalitions, including the 2016 “white collar” overtime rule and the so-called “blacklisting” rule. He has also succeeded in the courts in numerous cases involving the National Labor Relations Board (NLRB) and the Department of Labor (DOL). Mr. Baskin is the Chair of Littler's Construction Industry Group and has long represented the Associated Builders and Contractors (ABC) national trade association and many of its construction industry members. On their behalf, he has been one of the leading advocates against government-mandated project labor agreements, prevailing wage expansion, and union corporate campaigns.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Civil Service Reform
Jenn L. Mascott, Tammy Dee McCutchen, Donald F. McGahn, A. Raymond Randolph, Bill Valdez, Philip K. Howard
The Sixth Annual Executive Branch Review Conference is scheduled for Tuesday, April 17 at the...
Civil Service Reform
Sixth Annual Executive Branch Review Conference
Washington, DCTopics
Live Stream: Sixth Annual Executive Branch Review Conference
This page will update throughout the day to show live panels and addresses. To directly...
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On Thursday, August 31, Judge Mazzant of the Eastern District of Texas invalidated the Department...
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On Wednesday, the Department of Labor published a Request for Information seeking comments from the public...
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Teleforum