Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Cory Fish served as Wisconsin Manufacturers and Commerce’s General Counsel & Director of Tax, Transportation and Legal Affairs from 2017-2021. In that role he advocated on his members’ behalf before the administrative state, legislature, and judiciary to help resolve statutory, regulatory, and permitting concerns and generally ensure their interests were protected. Prior to joining WMC in 2017, Cory worked for in a series of roles for the State of Wisconsin.
Most recently he worked for State Senator Alberta Darling, Co-Chair of the powerful Joint Committee on Finance, serving as her Legal Counsel. He also advised Sen. Darling on budget and policy issues ranging from higher education and regulatory reform to natural resources and transportation.
Cory earned a B.A. from UW-Eau Claire, Summa Cum Laude, and a J.D. from the University of Wisconsin Law School, where he graduated Cum Laude. He is a licensed attorney in Wisconsin.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
President and General Counsel, Public Interest Legal Foundation
J. Christian Adams is the President and General Counsel of the Public Interest Legal Foundation. He served from 2005 to 2010 in the Voting Section at the United States Department of Justice Voting Section. President Trump appointed Adams to the Presidential Advisory Commission on Election Integrity. President Trump also appointed Adams as a Commissioner to the United States Commission on Civil Rights where he also now serves with a term through 2025. He has been involved in election law lawsuits in 33 states and the territory of Guam. He has represented multiple presidential campaigns in election litigation. He has a law degree from the University of South Carolina School of Law. He is a member of the South Carolina and Virginia Bars.
Litigation Counsel, Public Interest Legal Foundation
Kaylan L. Phillips joined Public Interest Legal Foundation in 2012. She has litigated election law and constitutional law cases across the nation, from Washington state to Maine. Kaylan has extensive experience at every level of litigation in state and federal court, including the Supreme Court. She also has experience representing clients before federal and state administrative agencies. Before joining Public Interest Legal Foundation, Kaylan was an associate at The Bopp Law Firm where her federal practice focused on election law. Kaylan co-authored a law review article entitled “The Limits of Citizens United” (2012) with James Bopp, Jr. Kaylan has also authored numerous amicus curiae briefs on key election law issues such as “one-person, one-vote” and alien voting. Kaylan received her B.A. (with honors, 2005) from the University of Oklahoma and J.D. (2008) from the University of Tulsa. She is admitted to practice law in the State of Oklahoma, State of Indiana, the District of Columbia, and in several federal district and appellate courts.
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.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Partner, Bell Giftos St. John LLC
Kevin St. John is a partner with Bell Giftos St. John LLC in Madison, Wisconsin. From 2011 to 2015, he served as Wisconsin’s Deputy Attorney General. Prior to his government service St. John practiced law with the Madison office of Michael Best & Friedrich LLP and the Washington D.C. office of Gibson, Dunn & Crutcher LLP. St. John is a graduate of the University of Wisconsin-Madison and earned his law degree from the University of Chicago.
St. John has contributed to Federalist Society as a speaker and in commentaries on topics including redistricting, free speech, and separation of powers.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
Assistant Attorney General & Senior Trial Counsel to the Criminal Bureau, Massachusetts Attorney General
Last Hurrah for the Minimalist Court?
Donald A. Daugherty
A review of SCOTUS 2020: Major Decisions and Developments of the U.S. Supreme Court, edited...
State Court Docket Watch: Service Employees International Union, Local 1 v. Vos
Andrew Cook, Corydon James Fish
I. Introduction In 2018, Wisconsin Governor Scott Walker and Attorney General Brad Schimel were unseated...
State Court Docket Watch: Hawkins v. Wisconsin Elections Commission
Andrew Cook
Background Wisconsin was one of the few swing states in 2016 and was considered a...
State Court Docket Watch: Pennsylvania Democratic Party v. Boockvar
J. Christian Adams, Kaylan L. Phillips
Pennsylvania, like most states in 2020, has seen contested election litigation. In Pennsylvania Democratic Party...
State Court Docket Watch: McClay v. Airport Management Services, LLC
Mark A. Behrens
In McClay v. Airport Management Services, LLC,[1] the Tennessee Supreme Court upheld the state’s $750,000...
Unleashed and Unbound: Living Textualism in Bostock v. Clayton County
Nelson Lund
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Why Proportional Representation Will Not Stem Redistricting Litigation But Will Undermine Normative Representative Values
Kevin St. John
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Topics
Atlantic Richfield Co. v. Christian: Major Superfund Case Generates More Questions Than Answers
Disclaimer: The author filed an amicus brief on behalf of Pacific Legal Foundation and the...
The Preemption Predicament Over Broadband Internet Access Services
Lawrence J. Spiwak
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Carpenter v. United States: A Reevaluation of First Principles, One Year On
Dean A. Mazzone
Note from the Editor: The Federalist Society takes no positions on particular legal and public...