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
Partner, Mayer Brown
David Dowd is an experienced litigator at Mayer Brown whose practice has a strong emphasis in government contracting issues and controversies. He advises such clients as those involved in health care, information technology, large military systems, engineering services, and other industries regarding federal procurements and related issues. His counsel in this area includes commercial items, conflicts of interest, cost allowability issues, defective pricing, contract and subcontract negotiations, contract financing, assignments and novations, leasing, prime/sub disputes, preparation of claims, and procurement fraud.
David also handles procurement controversies, as he litigates bid protests and disputes before the Government Accountability Office and the Court of Federal Claims, represents contractors in litigation and arbitrations involving government contracts, and tries federal court litigation focused on contract disputes and alleged fraud.
Health care and insurance companies rely on David for advice regarding federal health care and insurance programs, including FEHBA, Medicare, TRICARE, and FEGLI. He represents these industry clients in bid protest and claim litigation regarding federal health care and insurance programs. In related matters, David counsels biotechnology and pharmaceutical companies on biodefense purchasing opportunities and applications, including research and development.
David has more than 20 years of practice experience, having joined Mayer Brown’s Washington, DC office in 2001 after practicing with two other national law firms.
Partner, Mayer Brown LLP
An experienced appellate lawyer, Tim Bishop has argued five cases and briefed more than 60 before the US Supreme Court and has successfully handled dozens of appeals in federal and state appellate courts. He also represents clients in dispositive dismissal, summary judgment, and class certification motions in federal and state trial courts. Tim is co-author of the leading treatise, Supreme Court Practice(9th ed., 2007), a contributor to Federal Appellate Practice (2008), and a prolific author and speaker in the areas of appellate practice, environmental law, and securities law.
Tim has substantial experience in environmental and land use litigation (especially under the Clean Water Act, Endangered Species Act, Clean Air Act, federal and state Takings Clauses, and nuisance law), securities and antitrust litigation, class certification, federal and state tax controversies, labor and employment law, and constitutional appeals and litigation. In the securities area, he has submitted successful party or amicus briefs in most of the Supreme Court’s recent cases, including Dabit, Dura, Tellabs, Billing, Stoneridge, andAmchem, as well as in leading lower-court cases such as In re IPO Securities Litigation and Newton. He has broad experience in defeating class certification in complex litigation.
In the environmental law area Tim has been ranked as a top practitioner by Chambers, Best Lawyers in America, Euromoney's Best of the Best USA, and other publications, which have called him "the go-to guy if you have a serious environmental issue on appeal - he is excellent at spotting issues and is a great appellate advocate" (Chambers 2009). Tim is ranked Band 1 in Chambers USA 2012 in Environmental Law ("sources unanimously consider Bishop to be an exceptionally strong appellate lawyer") and Legal 500 2012 comments, "Bishop is 'superb and provides exemplary service.'" Tim successfully argued Solid Waste Agency of Northern Cook County in the Supreme Court, in which the Court struck down the Corps of Engineer’s "migratory bird rule." One leading environmental law professor and practitioner has written that Tim is "industry’s leading Supreme Court lawyer in environmental cases."
Since 1995, Tim has been a partner in Mayer Brown LLP’s 60-strong Supreme Court and Appellate Litigation Practice (which "stands head and shoulders above its competitors," according to Chambers USA 2008). Previously, he served as Law Clerk to US Supreme Court Justice William J. Brennan, Jr., and to Judge James L. Oakes, US Court of Appeals for the Second Circuit, and was Staff Counsel and Skadden Fellow with the American Civil Liberties Union. Recently, Tim was named one of Benchmark’s 2013 Appellate Illinois Litigation Stars.Chambers USA (2007) notes Tim’s “high visibility” and “incredible reputation for appellate law,” and he has been described in theLawdragon 500 as "a high court superstar" and a "top advocate" (2006).
Professor of Law, University of California Hastings College of the Law in San Francisco
Professor Dave Owen teaches courses in environmental, natural resources, water, land use, and administrative law. His interest in the subject area began when he was about six years old and his parents denied him access to all television except for PBS wildlife specials. He then became inordinately interested in poachers. He went on to study geology in college, primarily because the labs were outside, and became an environmental consultant. During one hot summer day of hazardous waste site sampling, while sweating miserably in a Tyvek suit and inhaling aniline fumes, he decided graduate school sounded like a nice idea. So he became an environmental lawyer. He went to Berkeley Law, where he served as editor-in-chief of Ecology Law Quarterly and was selected for the Order of the Coif.
Professor Owen went on to clerk at federal district court and then work for a small law firm in San Francisco, where his practice focused primarily on water law. He worked on Colorado River allocation, Sacramento-San Joaquin Delta litigation, and federal state disputes over the proposed Yucca Mountain nuclear waste repository, among other matters. In 2007, he began teaching at the University of Maine School of Law. He joined the Hastings faculty in 2015.
His research focuses primarily on water resource management, and some recent projects have addressed taxation of water consumption, the roles of federal regional offices, stream protection under the Clean Water Act, policies to expedite dam removals and hydropower upgrades, and the intersection of groundwater use regulation and the takings clause. Four of his articles have been recognized by his peers as among the top environmental law articles of their respective years; another article has won the Morrison Prize as the top sustainability law article of its year, and he has presented three articles at the Harvard Stanford-Yale Junior Faculty Forum. He also contributes frequently to the Environmental Law Prof Blog.
Garwood Visiting Professor and Visiting Fellow, James Madison Pr, Cleveland-Marshall College of Law
David F. Forte is Professor of Law at Cleveland State University, where he was the inaugural holder of the Charles R. Emrick, Jr.- Calfee Halter & Griswold Endowed Chair. This fall, Professor Forte will be the Garwood Visiting Professor at Princeton University in the Department of Politics, and Visiting Fellow at the James Madison Program in American Ideals and Institutions. He holds degrees from Harvard College, Manchester University, England, the University of Toronto and Columbia University.
During the Reagan administration, Professor Forte served as chief counsel to the United States delegation to the United Nations and alternate delegate to the Security Council. He has authored a number of briefs before the United States Supreme Court, and has frequently testified before the United States Congress and consulted with the Department of State on human rights and international affairs issues. His advice was specifically sought on the approval of the Genocide Convention, on world-wide religious persecution, and Islamic extremism. He has appeared and spoken frequently on radio and television, both nationally and internationally. In 2002, the Department of State sponsored a speaking tour for Professor Forte in Amman, Jordan, and he was also a featured speaker to the Meeting of Peoples in Rimini, Italy, a meeting which gathers over 500,000 people from all over Europe. He has also been called to testify before the state legislatures of Ohio, Kansas, and Idaho as well as the New York City Council. He has assisted in drafting a number of pieces of legislation for the Ohio General Assembly dealing with abortion, international trade, and federalism. He has sat as acting judge on the municipal court of Lakewood Ohio and was chairman of Professional Ethics Committee of the Cleveland Bar Association. He has received a number of awards for his public service, including the Cleveland Bar Association’s President’s Award, the Cleveland State University Award for Distinguished Service, the Cleveland State University Distinguished Teaching Award, and the Cleveland-Marshall College of Law Alumni Award for Faculty Excellence. He served as Consultor to the Pontifical Council for the Family under Pope St. John Paul II and Pope Benedict XVI. In 2003, Dr. Forte was a Distinguished Fulbright Chair at the University of Trento and returned there in 2004 as a Visiting Professor. For the academic year, 2008-2009, Professor Forte was Senior Visiting Scholar at the Center for the Study of Religion and the Constitution in at the Witherspoon Institute in Princeton, New Jersey. He was the Robert E. Henderson Constitution Day Lecturer at the Ashbrook Center at Ashland University, and he has given over 300 invited addresses and papers at more than 100 academic institutions. His work has been cited by the U.S. Supreme Court.
Professor Forte was a Bradley Scholar at the Heritage Foundation, and Visiting Scholar at the Liberty Fund. He has been President of the Ohio Association of Scholars, was on the Board of Directors of the Philadelphia Society, and is also adjunct Scholar at the Ashbrook Center. He has been appointed to the Ohio State Advisory Committee to the U.S. Commission on Civil Rights. He has also been a Civil War re-enactor and a Merit Badge Counselor for the Boy Scouts.
He writes and speaks nationally on topics such as constitutional law, religious liberty, Islamic law, the rights of families, and international affairs. He served as book review editor for the American Journal of Jurisprudence and has edited a volume entitled, Natural Law and Contemporary Public Policy, published by Georgetown University Press. His book, Islamic Law Studies: Classical and Contemporary Applications, has been published by Austin & Winfield. He is Senior Editor of The Heritage Guide to the Constitution (2006), 2d edition (2014), published by Regnery & Co, a clause by clause analysis of the Constitution of the United States.
His teaching competencies include Constitutional Law, the First Amendment, Islamic Law, Jurisprudence, Natural Law, International Law, International Human Rights, the Presidency, and Constitutional History.
Criminal Justice Task Force Director, American Legislative Exchange Council
Legal Director, The Center for the Rights of Abused Children
Tim Keller is a lawyer who works to ensure all abused and abandoned children are safe and have access to their constitutionally guaranteed rights.
As senior vice president and legal director at the Center for the Rights of Abused Children, Tim’s public interest legal work seeks to defend the constitutional rights of children to be safe from abuse, to prompt timely placement with permanent parents, and to assure a child’s representation by legal counsel. In addition to constitutional litigation, Tim oversees the lawyers in the Center for the Rights of Abused Children’s one-of-a-kind pro bono Children’s Law Clinic and guides its policy initiatives.
When he and his wife, Lisa, hosted a teenage exchange student from Brazil several years ago, they realized how much they enjoyed helping a child thrive. The two felt called to help more kids. Over the following years, Tim and Lisa would become foster parents. Today, they enjoy offering respite care for children in foster care.
Intensely motivated by his time fostering children who’d been abused and neglected, Tim sees his work to ensure children have a constitutional right to counsel as a matter of life and death. As such, he’s particularly proud that in 2021 the Center for the Rights of Abused Children secured the rights of all children in Arizona’s foster system to be represented by legal counsel.
Before joining the Center for the Rights of Abused Children, Tim worked for nearly 20 years at the Institute for Justice. He served as lead counsel in Arizona Christian School Tuition Organization v. Winn, a U.S. Supreme Court victory that protected Arizona’s pioneering school scholarship program. Tim also led the team that secured a U.S. Supreme Court victory in Espinoza v. Montana Department of Revenue, which prevents states from discriminating against religious families and schools in educational choice programs. He has also litigated economic liberty and property rights cases in state and federal courts.
Tim earned his bachelor’s and law degrees from Arizona State University. He clerked for Robert D. Myers, at the time the presiding judge of the Maricopa County Superior Court, and for Ann A. Scott Timmer on the Arizona Court of Appeals.
Tim and Lisa live in Chandler, Ariz., with their four sons, Daniel, Benjamin, Ethan and Noah, and a miniature schnauzer named Gus who has more than 12,000 Instagram followers. The Kellers have traveled to 49 of the 50 United States, and are always looking for recommendations for new card or board games for family game nights.
Of Counsel, Fisher & Phillips, LLP
Greg Grisham has over 25 years of successful experience counseling and representing employers in all aspects of workplace law in Tennessee and across the United States.
He has helped employers avoid claims, charges and lawsuits with a focus on preventative practices. Preventative practices include counseling in situations involving discipline, termination, demotion, promotion and other workplace changes in the terms and conditions of employment, harassment investigations, wage and hour compliance, FMLA Compliance, Reasonable Accommodation assessment, supervisor training and the review of employment policies and procedures. In addition, Greg's practice includes the representation of business entities subject to Title III of the Americans with Disabilities Act in Public Accommodation cases.
Greg has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims alleging discrimination, harassment, retaliation, wrongful termination, defamation, invasion of privacy, breach of contract, wage and hour violations and ERISA violations, among others. He also represents employers before the National Labor Relations Board in unfair labor practice proceedings. He represents employers in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation and non-disclosure agreements and related trade secret litigation. Greg's practice also includes the defense of property owners and property management companies in federal and state Housing Discrimination charges and litigation. He also advises Tennessee Public Charter Schools on education law and workplace compliance matters.
Greg has extensive experience working with insurance carriers and their insureds in the defense of EPLI claims. He is a regular speaker at public seminars on workplace law issues and has authored numerous articles on a variety of labor and employment law related topics.
Greg holds an AV Preeminent Peer Review rating from Martindale-Hubbell and has been selected for inclusion in Mid-South Super Lawyers and Best Lawyers in America for Employment Litigation-Management side. Greg was elected as a 2016 Fellow to the College of Labor and Employment Lawyers and has been selected to the “Top 20 Lawyers in Traditional Labor & Employment Law” list in conjunction with Human Resource Executive Magazine and LawDragon’s 2017 and 2018 “Most Powerful Employment Attorneys” lists and specialty guides. Greg was also named a Fellow in the American Bar Foundation in 2017.
Partner, Mayer Brown LLP
An experienced appellate lawyer, Tim Bishop has argued five cases and briefed more than 60 before the US Supreme Court and has successfully handled dozens of appeals in federal and state appellate courts. He also represents clients in dispositive dismissal, summary judgment, and class certification motions in federal and state trial courts. Tim is co-author of the leading treatise, Supreme Court Practice(9th ed., 2007), a contributor to Federal Appellate Practice (2008), and a prolific author and speaker in the areas of appellate practice, environmental law, and securities law.
Tim has substantial experience in environmental and land use litigation (especially under the Clean Water Act, Endangered Species Act, Clean Air Act, federal and state Takings Clauses, and nuisance law), securities and antitrust litigation, class certification, federal and state tax controversies, labor and employment law, and constitutional appeals and litigation. In the securities area, he has submitted successful party or amicus briefs in most of the Supreme Court’s recent cases, including Dabit, Dura, Tellabs, Billing, Stoneridge, andAmchem, as well as in leading lower-court cases such as In re IPO Securities Litigation and Newton. He has broad experience in defeating class certification in complex litigation.
In the environmental law area Tim has been ranked as a top practitioner by Chambers, Best Lawyers in America, Euromoney's Best of the Best USA, and other publications, which have called him "the go-to guy if you have a serious environmental issue on appeal - he is excellent at spotting issues and is a great appellate advocate" (Chambers 2009). Tim is ranked Band 1 in Chambers USA 2012 in Environmental Law ("sources unanimously consider Bishop to be an exceptionally strong appellate lawyer") and Legal 500 2012 comments, "Bishop is 'superb and provides exemplary service.'" Tim successfully argued Solid Waste Agency of Northern Cook County in the Supreme Court, in which the Court struck down the Corps of Engineer’s "migratory bird rule." One leading environmental law professor and practitioner has written that Tim is "industry’s leading Supreme Court lawyer in environmental cases."
Since 1995, Tim has been a partner in Mayer Brown LLP’s 60-strong Supreme Court and Appellate Litigation Practice (which "stands head and shoulders above its competitors," according to Chambers USA 2008). Previously, he served as Law Clerk to US Supreme Court Justice William J. Brennan, Jr., and to Judge James L. Oakes, US Court of Appeals for the Second Circuit, and was Staff Counsel and Skadden Fellow with the American Civil Liberties Union. Recently, Tim was named one of Benchmark’s 2013 Appellate Illinois Litigation Stars.Chambers USA (2007) notes Tim’s “high visibility” and “incredible reputation for appellate law,” and he has been described in theLawdragon 500 as "a high court superstar" and a "top advocate" (2006).
Professor of Law, University of California Hastings College of the Law in San Francisco
Professor Dave Owen teaches courses in environmental, natural resources, water, land use, and administrative law. His interest in the subject area began when he was about six years old and his parents denied him access to all television except for PBS wildlife specials. He then became inordinately interested in poachers. He went on to study geology in college, primarily because the labs were outside, and became an environmental consultant. During one hot summer day of hazardous waste site sampling, while sweating miserably in a Tyvek suit and inhaling aniline fumes, he decided graduate school sounded like a nice idea. So he became an environmental lawyer. He went to Berkeley Law, where he served as editor-in-chief of Ecology Law Quarterly and was selected for the Order of the Coif.
Professor Owen went on to clerk at federal district court and then work for a small law firm in San Francisco, where his practice focused primarily on water law. He worked on Colorado River allocation, Sacramento-San Joaquin Delta litigation, and federal state disputes over the proposed Yucca Mountain nuclear waste repository, among other matters. In 2007, he began teaching at the University of Maine School of Law. He joined the Hastings faculty in 2015.
His research focuses primarily on water resource management, and some recent projects have addressed taxation of water consumption, the roles of federal regional offices, stream protection under the Clean Water Act, policies to expedite dam removals and hydropower upgrades, and the intersection of groundwater use regulation and the takings clause. Four of his articles have been recognized by his peers as among the top environmental law articles of their respective years; another article has won the Morrison Prize as the top sustainability law article of its year, and he has presented three articles at the Harvard Stanford-Yale Junior Faculty Forum. He also contributes frequently to the Environmental Law Prof Blog.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Independent Review of Procurements Is Worth It: There Is No Support for Hamstringing the GAO Bid Protest Process
Marcia G. Madsen, David F. Dowd, Roger V. Abbott
Note from the Editor: This article criticizes a recent change to the GAO bid protest...
Weyerhaeuser v. U.S. Fish and Wildlife Service
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Weyerhaeuser v. U.S. Fish and Wildlife Service
Environmental Law & Property Rights Teleforum
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David F. Forte
Note from the Editor: This article discusses the history of interpretation of the Contract Clause and...
Topics
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The United States Supreme Court held in Graham v. Florida that the Eighth Amendment prohibits...
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International Law & Sovereignty: How Trade Agreements Affect the U.S.
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