General Counsel, U.S. Commodity Futures Trading Commissioin
Tyler Badgley is the General Counsel at the Commodity Futures Trading Commission. In that role, Mr. Badgley leads the agency’s Legal Division and serves as the Commission’s chief legal advisor. He was appointed General Counsel in January 2026.
Prior to joining the CFTC, Mr. Badgley served as the Deputy General Counsel at the U.S. Department of the Treasury and was the first Executive Secretary under Secretary Scott K.H. Bessent. Mr. Badgley was previously a Senior Counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. There, he focused on complex litigation and regulatory issues, particularly in connection with capital markets.
Mr. Badgley also practiced law at Sullivan & Cromwell LLP, served as a Special Counsel to the U.S. Senate Committee on the Judiciary, and began his legal career as a law clerk for the Honorable Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit. Mr. Badgley graduated Order of the Coif from the University of Virginia School of Law, where he served as Articles Editor for the Virginia Law Review. He also received his undergraduate degree in Economics and Government from the University of Virginia.
Partner, Lewis Brisbois
Sarah E. Lang is a partner in the New York office of Lewis Brisbois and a member of the Appellate Practice. Ms. Lang has represented clients at all levels of state and federal courts, including the New York State Appellate Division, the Second Circuit Court of Appeals, and the U.S. Supreme Court. The primary focus of her practice is drafting and arguing substantive motions and appeals before the federal courts and New York’s trial and appellate courts in substantive areas including general liability, New York Labor Law, medical malpractice, premises liability, and rideshare and transportation matters, among others. She also has extensive experience representing clients, including religious institutions, in matters arising under Title VII, the First Amendment, RLUIPA, New York’s City and State Human Rights Laws, New York’s Religious Corporations Law, and New York’s Real Property Tax Law. This includes federal jury trial experience and providing preventive advice and counseling. Prior to joining the firm, Ms. Lang clerked on the United States Court of Appeals for the Eighth Circuit, as well as the United States District Court for the Eastern District of North Carolina. She also previously served as an Attorney Advisor for the United States Department of Education.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
President, Center for Constitutional Litigation
Robert S. Peck, founder and president of CCL, is a sought-after appellate litigator within the plaintiffs’ bar. He is credited with having developed groundbreaking constitutional challenges to laws impeding access to courts. He regularly appears before the U.S. Supreme Court and state supreme courts, litigating cases on the merits as well as at the petition stage. Bob’s diverse practice includes state and federal constitutional law, complex civil litigation, federal preemption, personal jurisdiction, punitive damages, products liability, mass torts, consumer protection, and Section 1983 cases.
Bob has taught advanced constitutional law and state constitutional law at The George Washington University Law School and American University Washington College of Law as a member of the adjunct faculty. He is a past chair of the Board of Advisors of the RAND Corporation’s Institute for Civil Justice; past member of the Board of Directors of the National Center for State Courts; a member of the advisory committee of the Civil Justice Research Institute at the University of California, Berkeley; and a Leaders Forum member of the American Association for Justice. Bob is a past president of the U.S. Supreme Court Fellows Alumni Association and the Freedom to Read Foundation, and a past national chair of Lawyers for Libraries. He has received the prestigious AV Preeminent rating from Martindale Hubbell for both legal ability and ethical standards.
Of Counsel, Kellogg Hansen
Collin White litigates high-stakes cases in trial and appellate courts across the country. Since he joined the firm in 2015, he has represented clients from a wide range of industries in cases about antitrust, intellectual property, securities, telecommunications, and administrative and constitutional law. He also advises clients on antitrust and regulatory matters.
Collin regularly represents both plaintiffs and defendants in antitrust cases. He has represented plaintiffs in a conspiracy case about software for auto dealers, In re Dealer Management Systems Antitrust Litig., MDL No. 2817 (N.D. Ill.), and a landmark monopolization case about spot cable advertising, Viamedia Inc. v. Comcast Corp., No. 16-cv-05486 (N.D. Ill.). He has represented defendants in the Supreme Court’s leading modern Rule of Reason decision, Ohio v. American Express Co., 138 S. Ct. 2274 (2018); a price-discrimination case about a well-known energy shot, U.S. Wholesale Outlet & Distribution, Inc. v. Innovation Ventures, LLC, 89 F.4th 1126 (9th Cir. 2023) (cert. petition filed Apr. 12, 2024); the FTC’s attempt to block Meta’s acquisition of Within, a virtual reality application developer, FTC v. Meta Platforms Inc., No. No. 5:22-cv-04325-EJD (N.D. Cal.); and the FTC’s ongoing monopolization action in FTC v. Meta Platforms, Inc., No. 20-3590 (D.D.C.).
Collin also regularly represents clients in appeals. For example, he has helped secure victories for telecommunications clients (in Greenlining Institute v. FCC, No. 17-73283 (9th Cir. 2020), and Bellsouth Telecommunications LLC v. Cobb County, No. S17G2011 (Ga. 2019)); a software company (in Intellisoft, Ltd. v. Acer Am. Corp., 955 F.3d 927 (Fed. Cir. 2020)); and an individual injured by a medical device (in In re Bard IVC Filters Products Liability Litigation, 969 F.3d 1067 (9th Cir. 2020)).
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.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
A Seat at the Sitting - November 2024
Tyler S. Badgley, Sarah E. Lang, Karen Harned, Robert S. Peck, Collin R. White
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
The Wage & Hour Trifecta: DOL Proposals on Overtime Exemptions, the Overtime Calculations, and Joint Employment
Tammy Dee McCutchen
After over two years of regulatory inactivity, the Wage and Hour Division of the U.S....
DOL Overtime Update - Podcast
Tammy Dee McCutchen
On Wednesday, the Department of Labor published a Request for Information seeking comments from the public...
Courthouse Steps: Overtime Regulation - Podcast
Lawrence VanDyke, Jesse Panuccio, D Hancock
In May, the Department of Labor announced a new overtime regulation, which would require all...