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.
Staff Attorney, Shook Hardy & Bacon
Sarah works with Shook Hardy & Bacon’s Public Policy Group, whose aim is to improve civil litigation through judicial education, communications and legal scholarship; she also is a member of the Litigation practice group. Since joining the firm, she also has worked on construction industry-related arbitrations.
Before joining Shook, Sarah worked on litigation and administrative appeals for the Civil Beat Law Center in Hawaii, which provides advice and representation to the public and the media to achieve transparency in government. During law school, Sarah was senior research assistant to Andrew F. Popper during his work on the third edition of Administrative Law: A Contemporary Approach.
Executive Vice President, Goldwater Institute
Christina Sandefur is the Executive Vice President at the Goldwater Institute. She develops policies and litigates cases advancing healthcare freedom, free enterprise, private property rights, free speech, and taxpayer rights.
Christina is a co-drafter of the Right to Try initiative, now federal law, which protects terminally ill patients' right to try safe investigational treatments that have been prescribed by their physician but are not yet FDA-approved. She has won important victories for property rights in Arizona and works nationally to promote the Institute's Private Property Rights Protection Act, a state-level reform that requires government to pay owners when regulations destroy property rights and reduce property values.
Christina is the co-author of the book Cornerstone of Liberty: Private Property Rights in 21st Century America (2016). She is a frequent guest on national television and radio programs, has provided expert legal testimony to various legislative committees, and is a frequent speaker at conferences. She is the recipient of the 2018 Buckley Award in recognition of her leadership in the freedom movement, and she is an Advisory Board Member of the Network of enlightened Women. Christina serves on the board of the Phoenix Lawyers Chapter of the Federalist Society and is a member of the executive committee for the Federalist Society's Regulatory Transparency Project: FDA & Health.
Christina is a graduate of Michigan State University College of Law and Hillsdale College.
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.
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.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
Of Counsel, Buchanan Ingersoll & Rooney PC
Senior Fellow, Administrative Conference of the United States
Paul D. Kamenar is a Washington, D.C. public policy and appellate attorney who counsels clients on legal, regulatory, and public policy matters. He is also a Senior Fellow of the Administrative Conference of the United States and guest lectures at the U.S. Naval Academy on National Security Law. He has been a speaker at several conferences across the country on overcriminalization and regulatory enforcement, including those sponsored by the American Bar Association, George Mason University Law School, S.J. Quinney College of Law-University of Utah, American University Washington College of Law, Northwestern University School of Law, and the Cleveland Chapter of the Federalist Society. He also has briefed Members of Congress and their staff on overcriminalization issues along with representatives from the National Association of Criminal Defense Lawyers and the Heritage Foundation. He and his clients have also testified before congressional committees on these issues. He was Senior Executive Counsel of the Washington Legal Foundation, Clinical Professor of Law at George Mason University Law School from 1999-2005, and adjunct professor at Georgetown University Law Center teaching a separation of powers/appellate advocacy seminar. He is a graduate of Georgetown Law and received his undergraduate degree from Rutgers College.
Senior Fellow, Administrative Conference of the United States
Paul D. Kamenar is a Washington, D.C. public policy and appellate attorney who counsels clients on legal, regulatory, and public policy matters. He is also a Senior Fellow of the Administrative Conference of the United States and guest lectures at the U.S. Naval Academy on National Security Law. He has been a speaker at several conferences across the country on overcriminalization and regulatory enforcement, including those sponsored by the American Bar Association, George Mason University Law School, S.J. Quinney College of Law-University of Utah, American University Washington College of Law, Northwestern University School of Law, and the Cleveland Chapter of the Federalist Society. He also has briefed Members of Congress and their staff on overcriminalization issues along with representatives from the National Association of Criminal Defense Lawyers and the Heritage Foundation. He and his clients have also testified before congressional committees on these issues. He was Senior Executive Counsel of the Washington Legal Foundation, Clinical Professor of Law at George Mason University Law School from 1999-2005, and adjunct professor at Georgetown University Law Center teaching a separation of powers/appellate advocacy seminar. He is a graduate of Georgetown Law and received his undergraduate degree from Rutgers College.
2017 Civil Justice Update
Mark A. Behrens, Sarah Goggans
This paper reviews key civil justice issues and reforms in 2017. Part I focuses on...
Topics
Docket Watch: Biggs v. Betlach: Protecting Taxpayer Rights
The Supreme Court’s 2012 decision National Federation of Independent Business v. Sebelius held that the...
Biggs v. Betlach: Protecting Taxpayer Rights
Christina Sandefur
The Supreme Court’s 2012 decision National Federation of Independent Business v. Sebelius held that the federal government...
2016 Civil Justice Update
Andrew Cook
States continued to enact meaningful civil liability reforms throughout 2016. Part I of this paper...
2015 Civil Justice Update
Mark A. Behrens, Christopher Appel
This paper recaps key civil justice reforms that occurred in 2015. Part I focuses on...
Universal Health Services v. U.S. ex rel. Escobar - Post-Decision SCOTUScast
Richard A. Samp
On June 16, 2016, the Supreme Court decided Universal Health Services v. United States ex...
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Stormans, Inc. v. Wiesman: Paging the Free Exercise Clause
The Supreme Court denied certiorari yesterday in Stormans, Inc. v. Wiesman, which could have been...
Abusive Civil and Criminal Enforcement: The Farmer and the CEO - Podcast
Robert A. Johnson, Paul D. Kamenar
Are federal prosecutors abusing their enforcement powers in the civil and criminal context? The news...
Abusive Civil and Criminal Enforcement: The Farmer and the CEO
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"Docs vs. Glocks" and the Firearm Owners' Privacy Act
In 2011, the Florida legislature passed the Firearm Owners’ Privacy Act (“the Act”) to protect patients...