Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Associate, Hunton Andrews Kurth LLP
Erica is an associate in the Issues and Appeals group at Hunton Andrews Kurth LLP. She assists clients with appeals before federal and state courts involving a wide range of issues, including questions of constitutional, administrative, and environmental law.
Before joining Hunton, Erica served for three years in the Solicitor General’s division of the Office of the West Virginia Attorney General. In that role, she represented the State of West Virginia in administrative, constitutional, environmental, and criminal law matters before the US Supreme Court, US Courts of Appeals, and the West Virginia Supreme Court of Appeals.
Erica served as a law clerk for Judge Elizabeth L. Branch of the US Court of Appeals for the Eleventh Circuit. She received her J.D. from George Mason University and her B.A. from American University.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Jason Torchinsky is a partner at Holtzman Vogel Josefiak PLLC, specializing in campaign finance, election law, lobbying disclosure and issue advocacy groups. Politico recently named him one of the “50 Politicos to Watch,” and in 2007, Campaigns and Elections Magazine named him a “Rising Star of Politics.”
In addition to his practice counseling clients on compliance with campaign finance, ethics laws, lobbying disclosure and election laws, Mr. Torchinsky has served as lead counsel in a number of litigation matters. Representative matters in the redistricting area include Louisiana House of Representatives v. Holder (D.D.C.) (Section 5 pre-clearance action), City of Sandy Springs v. Holder (D.D.C.) (Section 5 bailout action), and Fletcher v. Lamone (D. Md.) (challenging Maryland’s Congressional Districting map). In the campaign finance context, he is currently representing clients in Alliance for America’s Future v. State (Nevada Supreme Court) and Van Hollen v. Federal Election Commission (D.D.C.) (Representing intervenor defendants). He has also represented Virginia candidates in recounts and voter registration challenges before various Virginia Circuit Courts.
Mr. Torchinsky frequently lectures on campaign finance redistricting and ethics related subjects and provides commentary to the media on election related matters.
Prior to joining the firm, Mr. Torchinsky was Counsel to the Assistant Attorney General for the Civil Rights Division at the United States Department of Justice. During the 2004 election cycle, he served as Deputy General Counsel to Bush-Cheney ’04 and Deputy General Counsel to the 2005 Presidential Inaugural Committee.
He holds a B.A. in Government and Public Policy from the College of William and Mary and a J.D. from the College of William and Mary School of Law. He is a member of the Virginia Bar, the District of Columbia Bar, the Republican National Lawyers Association and the Federalist Society.
Associate, Holtzman Vogel Josefiak Torchinsky PLLC
Dennis Polio is an associate with the law firm Holtzman Vogel Josefiak Torchinsky PLLC. Dennis’s practice focuses on First Amendment, redistricting, and election-related litigation and appeals as well as lobbying, ethics, and tax-exempt organizations’ compliance. Dennis regularly co-authors amicus briefs and appellate briefs in the Supreme Court of the United States, the various federal courts of appeals, and state supreme courts. Dennis has also authored and co-authored several articles in academic journals and with the Congressional Research Service in the Library of Congress.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
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, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
JD/MPP student, NYU School of Law and the Harvard Kennedy School
Daniel Cheung was a 2015 summer law clerk with Alston & Bird and is presently a JD/MPP student at the NYU School of Law and the Harvard Kennedy School.
Senior Executive Counsel, NFIB Small Business Legal Center
Elizabeth Milito serves as Senior Executive Counsel with the National Federation of Independent Business, a position she has held since March 2004. Ms. Milito came to NFIB from the U.S. Department of Veteran's Affairs where she defended the agency in employment and labor lawsuits and was responsible for training and counseling managers on fair employment and HR practices. She has an extensive background in tort, medical malpractice and employment law.
Prior to serving as an attorney at the Department of Veteran's Affairs, Ms. Milito worked as a trial attorney at Nationwide Insurance Company. At Nationwide, she completed over 100 trials to verdict. Ms. Milito was the editor of notes and comments for the Maryland Law Review at the University of Maryland School of Law where she earned her Juris Doctor degree in May of 1996. Following her education, she served as a clerk to the Honorable Alan M. Wilner on the Maryland Court of Appeals, the state's highest court.
Ms. Milito is responsible for managing litigation and amicus work for NFIB. She has testified before Congress, federal agencies, and state legislatures on the small business impact of labor and employment issues. She also comments and writes regularly on small business cases before federal and state courts. Ms. Milito frequently counsels businesses facing employment discrimination charges, wage and hour claims, wrongful termination lawsuits, and in most other areas of human resources law. She also provides and develops on-line and on-site training on a variety of employment law matters and is a frequent media spokesperson on employment and labor matters.
Partner, HWG LLP
Patricia Paoletta is a partner with the law firm of HWG LLP, where she specializes in telecommunications, trade and technology policy. Ms. Paoletta provides advice on regulatory, trade and legislative policy to clients before the FCC, Congress and the Administration. Her clients include providers of content, cloud, mobile broadband, VoIP, international telecommunications, small cells, cognitive radio, public safety and homeland security solutions. She serves on Advisory Boards for several entities engaged in information services, communications and technology.
Ms. Paoletta has accrued considerable experience with telecommunications trade and policy in the public sector. From 1990 to 1995, she was senior advisor to the International Bureau Chief and Office Director at the Federal Communications Commission. In the mid 1990s, Ms. Paoletta served as Director of Telecommunications Trade Policy in the Office of the U.S. Trade Representative, Executive Office of the President, where she worked on the WTO Information Technology Agreement (ITA) and the Basic Telecommunications Agreement. After USTR, Ms. Paoletta served as Majority Counsel to the House Energy and Commerce Committee. She then moved to Level 3 Communications, as Vice President, Government Relations.
Ms. Paoletta is on the Steering Committee of the Transatlantic Roundtable on Telecommunications and Information Technology of the European Institute. She is a member of the USTR Alumni Association, Washington International Trade Association, the Federal Communications Bar Association (FCBA), and Women in Technology. Ms. Paoletta has served on the Board of Advisors for the Inter-American Dialogue's Latin America Telecom Advisor, Co-Chairman of the American Bar Association International Communications Committee, and as a member of the U.S. Chamber of Commerce's Technology Policy Committee.
Ms. Paoletta served as a delegate in 2012 to the ITU-R's Study Group 6 Working Party 6A Meeting and in 2009 and 2010 to the ITU-R's Study Group I Working Party IB Meetings; the 2009 meetings of CITEL (the Committee on International Telecommunications at the Organization of American States) PCC-II; the International Telecommunication Union (ITU) World Telecommunications Standards Assembly (2000); the ITU Internet Protocol Telephony Experts Group and the ITU World Telecommunications Policy Forum in 2001; as Chairman of the National Reliability and Interoperability Council (NRIC) Steering Committee (2000-2001); as Board Member for the Voice on the Net Coalition (2001); as Co-Chairman of the FCBA's Annual Seminar Committee (2009-2011); as a member of the FCBA's Ad Hoc Speakers Committee (2006-2007); as Co-Chairman for the FCBA International Practice Committee (2001-2002 and 2005-2006); and as a Co-Chairman of the FCBA Legislative Practice Committee (1999-2000).
Bargaining Rights Gone Wrong: How State Courts Invented a Constitutional Duty to Bargain and How It Harms Individual Workers
Alexander T. MacDonald
Constitutions often give you the right to do things. They give you the right to...
State Court Docket Watch: Justice v. West Virginia AFL-CIO
Erica Peterson
In Justice v. West Virginia AFL-CIO, the West Virginia Supreme Court of Appeals, the state’s...
State Court Docket Watch: Fisher v. Hagett and Lay v. Goins
Jason Torchinsky, Dennis W. Polio
In Fisher v. Hagett and Lay v. Goins, a majority of the Supreme Court of...
James Comey, Andrew McCabe, and the Office of the Inspector General
John G. Malcolm, John C. Yoo
On Thursday, August 29th, the Justice Department’s Office of the Inspector General released its “Report...
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...
OMB Memo Tries to Get Ahead of Midnight Regulations
Regulatory activity tends to surge in the final year of a presidential administration. Significant legislation from...
Utility Air Regulatory Group v. EPA: A Foreshadowing of Things to Come?
Paul J. Beard, Daniel Cheung
On June 23, 2014, the United States Supreme Court issued its decision in Utility Air...
Updated: The (re)Emerging Bipartisan Consensus against Torture
Several presidential candidates have been asked recently whether, if elected, they would consider bringing back...
Asserting Influence and Power in the 21st Century: The NLRB Focuses on Assisting Non-Union Employees
Elizabeth Milito
Note from the Editor: This article is a discussion about the National Labor Relations Board’s relationship...
The Cybersecurity Overreach: A Few Harsh Words About the President’s Cybersecurity Executive Order, Along with a Better Solution
Patricia J. Paoletta
Note from the Editor: This article is a discussion about Executive Order 13636 on cybersecurity...