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.
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.
Kathleen Q. Abernathy recently returned to Wilkinson Barker Knauer LLP as special counsel. She was previously elected to the Board of Directors of Frontier Communications as an independent director in 2006 following her term as a Commissioner at the Federal Communications Commission from 2001 to 2005. In 2010 she joined the company as Chief Legal Officer and Executive Vice President, Regulatory and Governmental Affairs. Prior to her term as an FCC Commissioner, Ms. Abernathy worked for a number of different telecommunications companies and law firms. She has received numerous awards in recognition of her professional accomplishments and has taught as an adjunct professor at Georgetown University Law Center and Catholic University’s Columbus School of Law. She received her B.S. from Marquette University and her J.D. from Catholic University’s Columbus School of Law.
S. Walter Richey Professor of Corporate Law, University of Minnesota Law School
Professor Richard W. Painter received his B.A., summa cum laude, in history from Harvard University and his J.D. from Yale University, where he was an editor of the Yale Journal on Regulation. Following law school, he clerked for Judge John T. Noonan Jr., of the United States Court of Appeals for the Ninth Circuit and later practiced at Sullivan & Cromwell in New York City and Finn Dixon & Herling in Stamford, Connecticut.
He has served as a tenured member of the law faculty at the University of Oregon School of Law and the University of Illinois College of Law, where he was the Guy Raymond and Mildred Van Voorhis Jones Professor of Law from 2002 to 2005.
From February 2005 to July 2007, he was Associate Counsel to the President in the White House Counsel's office, serving as the chief ethics lawyer for the President, White House employees and senior nominees to Senate-confirmed positions in the Executive Branch. He is a member of the American Law Institute and is an advisor for the new ALI Principles of Government Ethics. He has also been active in the Professional Responsibility Section of the American Bar Association.
Professor Painter has also been active in law reform efforts aimed at deterring securities fraud and improving ethics of corporate managers and lawyers. A key provision of the Sarbanes-Oxley Act of 2002 requiring the SEC to issue rules of professional responsibility for securities lawyers was based on earlier proposals Professor Painter made in law review articles and to the ABA and the SEC. He has given dozens of lectures on the Sarbanes-Oxley Act to law schools, bar associations, and learned societies, such as the American Academy of Arts and Sciences. Professor Painter has on four separate occasions provided invited testimony before committees of the U.S. House of Representatives or the U.S. Senate on securities litigation and/or the role of attorneys in corporate governance.
His book, Getting the Government America Deserves: How Ethics Reform Can Make a Difference, was published by Oxford University Press in January 2009. He has written op-eds on government ethics for various publications including the New York Times, the Washington Post and the Los Angeles Times, and he has been interviewed several times on government ethics and corporate ethics by national news organizations, including appearances on Lawrence O'Donnell (MSNBC), Anderson Cooper 360 (CNN), CNN News, Fox News, National Public Radio All Things Considered, and Minnesota Public Radio News. In 2011, he testified before the U.S. House Government Oversight Committee on partisan political activity by government officials and reform of the Hatch Act. Professor Painter has also given expert testimony in cases involving securities transactions and the professional responsibility of lawyers. He testified as a defense witness in SEC. v. The Reserve Money Market Fund (SDNY, November 2012), a jury trial of an SEC enforcement action against the founders of the world's oldest money market fund that ended with a defense verdict on all of the fraud counts.
Professor Painter is the author of two casebooks: Securities Litigation and Enforcement (with Margaret Sachs and Donna Nagy; West 2003; Second Edition, 2007; Third Edition 2011) and Professional and Personal Responsibilities of the Lawyer (with Judge John T. Noonan Jr.; Foundation 1997; Second Edition, 2001; Third Edition 2011). He has written dozens of articles, book reviews, and essays, including a series of papers and a forthcoming book with Minnesota colleague Claire Hill on the personal responsibility of investment bankers.
Partner, Gibson Dunn
Thomas H. Dupree, Jr. is a partner in the Washington, DC office of Gibson, Dunn & Crutcher. He is a member of the firm's litigation department and its Appellate and Constitutional Law practice group, and serves as the hiring partner for the DC office.
Mr. Dupree is an experienced trial and appellate advocate. He has argued more than 70 appeals in the federal courts, including in all thirteen circuits as well as the United States Supreme Court. He has represented clients throughout the country in a wide variety of trial and appellate matters, including cases involving punitive damages, class actions, product liability, arbitration, intellectual property, employment, and constitutional challenges to federal and state statutes.
In 2007, Mr. Dupree was appointed Deputy Assistant Attorney General. He served in the Civil Division at the U.S. Department of Justice from 2007 to 2009, ultimately becoming the Principal Deputy Assistant Attorney General. In that capacity, he served as the division's second-in-command, overseeing the more than 900 lawyers in the Civil Appellate, Commercial, Federal Programs and Torts branches, as well as the Office of Immigration Litigation and the Office of Consumer Litigation. Mr. Dupree was responsible for managing many of the government's most significant cases involving regulatory, commercial, constitutional and national security matters on behalf of virtually all of the federal agencies, the White House, and senior federal officials. Before being named the division's top deputy, Mr. Dupree ran its largest litigating branch, managing a staff of 280 lawyers.
Chambers and Partners named Mr. Dupree one of the leading appellate lawyers in the United States in 2012, 2013, 2014, 2015, and 2016. He received similar honors in 2010, when he was ranked as one of the top ten appellate litigators under age 40 by Law360. In 2009, the National Law Journal and Legal Times selected him as one of the top 40 lawyers under 40 in Washington, DC, as did Washingtonian magazine in 2006. Based on surveys of hundreds of corporate counsel, Mr. Dupree was named a "Client Service All-Star" by BTI Consulting Group in a 2013 report for his "overall legal prowess" and his "ability to deliver a plan of action that yields results."
Legal Times has called Mr. Dupree "no stranger to high-profile work." Among other things, he played a substantial role in the successful representation of George W. Bush before the United States Supreme Court in Bush v. Gore, and represented New England Patriots quarterback Tom Brady in challenging his "Deflategate" suspension.
In 2014, Mr. Dupree argued and won, by a unanimous 9-0 vote, a landmark personal jurisdiction case in the United States Supreme Court, Daimler AG v. Bauman. For this achievement, American Lawyer magazine named him Litigator of the Week, noting that he "won over both the liberal and conservative wings of the court."
Other matters Mr. Dupree has handled include:
Mr. Dupree appears frequently on national television as a legal analyst. He is a regular guest on Fox News Channel, and has appeared on "The O'Reilly Factor" and "The Kelly File," as well as on CNN's "Situation Room" and C-Span's "America & The Courts," among other programs. He has also been quoted in numerous print publications, including the New York Times, the Wall Street Journal, the Washington Post, the Los Angeles Times and many others, discussing legal issues and developments. Mr. Dupree has also testified before Congress on constitutional and separation-of-powers issues, including the President's authority to act through executive order.
Mr. Dupree graduated cum laude from Williams College, and with Honors from the University of Chicago Law School, where he served as an Editor of the University of Chicago Law Review. After law school, he clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Shareholder and Director, GableGotwals
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Partner, Gibson Dunn
Thomas H. Dupree, Jr. is a partner in the Washington, DC office of Gibson, Dunn & Crutcher. He is a member of the firm's litigation department and its Appellate and Constitutional Law practice group, and serves as the hiring partner for the DC office.
Mr. Dupree is an experienced trial and appellate advocate. He has argued more than 70 appeals in the federal courts, including in all thirteen circuits as well as the United States Supreme Court. He has represented clients throughout the country in a wide variety of trial and appellate matters, including cases involving punitive damages, class actions, product liability, arbitration, intellectual property, employment, and constitutional challenges to federal and state statutes.
In 2007, Mr. Dupree was appointed Deputy Assistant Attorney General. He served in the Civil Division at the U.S. Department of Justice from 2007 to 2009, ultimately becoming the Principal Deputy Assistant Attorney General. In that capacity, he served as the division's second-in-command, overseeing the more than 900 lawyers in the Civil Appellate, Commercial, Federal Programs and Torts branches, as well as the Office of Immigration Litigation and the Office of Consumer Litigation. Mr. Dupree was responsible for managing many of the government's most significant cases involving regulatory, commercial, constitutional and national security matters on behalf of virtually all of the federal agencies, the White House, and senior federal officials. Before being named the division's top deputy, Mr. Dupree ran its largest litigating branch, managing a staff of 280 lawyers.
Chambers and Partners named Mr. Dupree one of the leading appellate lawyers in the United States in 2012, 2013, 2014, 2015, and 2016. He received similar honors in 2010, when he was ranked as one of the top ten appellate litigators under age 40 by Law360. In 2009, the National Law Journal and Legal Times selected him as one of the top 40 lawyers under 40 in Washington, DC, as did Washingtonian magazine in 2006. Based on surveys of hundreds of corporate counsel, Mr. Dupree was named a "Client Service All-Star" by BTI Consulting Group in a 2013 report for his "overall legal prowess" and his "ability to deliver a plan of action that yields results."
Legal Times has called Mr. Dupree "no stranger to high-profile work." Among other things, he played a substantial role in the successful representation of George W. Bush before the United States Supreme Court in Bush v. Gore, and represented New England Patriots quarterback Tom Brady in challenging his "Deflategate" suspension.
In 2014, Mr. Dupree argued and won, by a unanimous 9-0 vote, a landmark personal jurisdiction case in the United States Supreme Court, Daimler AG v. Bauman. For this achievement, American Lawyer magazine named him Litigator of the Week, noting that he "won over both the liberal and conservative wings of the court."
Other matters Mr. Dupree has handled include:
Mr. Dupree appears frequently on national television as a legal analyst. He is a regular guest on Fox News Channel, and has appeared on "The O'Reilly Factor" and "The Kelly File," as well as on CNN's "Situation Room" and C-Span's "America & The Courts," among other programs. He has also been quoted in numerous print publications, including the New York Times, the Wall Street Journal, the Washington Post, the Los Angeles Times and many others, discussing legal issues and developments. Mr. Dupree has also testified before Congress on constitutional and separation-of-powers issues, including the President's authority to act through executive order.
Mr. Dupree graduated cum laude from Williams College, and with Honors from the University of Chicago Law School, where he served as an Editor of the University of Chicago Law Review. After law school, he clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit.
S. Walter Richey Professor of Corporate Law, University of Minnesota Law School
Professor Richard W. Painter received his B.A., summa cum laude, in history from Harvard University and his J.D. from Yale University, where he was an editor of the Yale Journal on Regulation. Following law school, he clerked for Judge John T. Noonan Jr., of the United States Court of Appeals for the Ninth Circuit and later practiced at Sullivan & Cromwell in New York City and Finn Dixon & Herling in Stamford, Connecticut.
He has served as a tenured member of the law faculty at the University of Oregon School of Law and the University of Illinois College of Law, where he was the Guy Raymond and Mildred Van Voorhis Jones Professor of Law from 2002 to 2005.
From February 2005 to July 2007, he was Associate Counsel to the President in the White House Counsel's office, serving as the chief ethics lawyer for the President, White House employees and senior nominees to Senate-confirmed positions in the Executive Branch. He is a member of the American Law Institute and is an advisor for the new ALI Principles of Government Ethics. He has also been active in the Professional Responsibility Section of the American Bar Association.
Professor Painter has also been active in law reform efforts aimed at deterring securities fraud and improving ethics of corporate managers and lawyers. A key provision of the Sarbanes-Oxley Act of 2002 requiring the SEC to issue rules of professional responsibility for securities lawyers was based on earlier proposals Professor Painter made in law review articles and to the ABA and the SEC. He has given dozens of lectures on the Sarbanes-Oxley Act to law schools, bar associations, and learned societies, such as the American Academy of Arts and Sciences. Professor Painter has on four separate occasions provided invited testimony before committees of the U.S. House of Representatives or the U.S. Senate on securities litigation and/or the role of attorneys in corporate governance.
His book, Getting the Government America Deserves: How Ethics Reform Can Make a Difference, was published by Oxford University Press in January 2009. He has written op-eds on government ethics for various publications including the New York Times, the Washington Post and the Los Angeles Times, and he has been interviewed several times on government ethics and corporate ethics by national news organizations, including appearances on Lawrence O'Donnell (MSNBC), Anderson Cooper 360 (CNN), CNN News, Fox News, National Public Radio All Things Considered, and Minnesota Public Radio News. In 2011, he testified before the U.S. House Government Oversight Committee on partisan political activity by government officials and reform of the Hatch Act. Professor Painter has also given expert testimony in cases involving securities transactions and the professional responsibility of lawyers. He testified as a defense witness in SEC. v. The Reserve Money Market Fund (SDNY, November 2012), a jury trial of an SEC enforcement action against the founders of the world's oldest money market fund that ended with a defense verdict on all of the fraud counts.
Professor Painter is the author of two casebooks: Securities Litigation and Enforcement (with Margaret Sachs and Donna Nagy; West 2003; Second Edition, 2007; Third Edition 2011) and Professional and Personal Responsibilities of the Lawyer (with Judge John T. Noonan Jr.; Foundation 1997; Second Edition, 2001; Third Edition 2011). He has written dozens of articles, book reviews, and essays, including a series of papers and a forthcoming book with Minnesota colleague Claire Hill on the personal responsibility of investment bankers.
A Change in Direction for the Federal Trade Commission?
Lawrence J. Spiwak
While antitrust and regulation are supposed to be two sides of the same coin,[1] there...
The Preemption Predicament Over Broadband Internet Access Services
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Note from the Editor: The Federalist Society takes no positions on particular legal and public...
How to Regulate the Internet
Kathleen Q. Abernathy
Note from the Editor: This article traces the history of the FCC’s approach to regulating...
Sanctioning (Government) Lawyers - Podcast
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On May 19, 2016, the United States District Court for the Southern District of Texas...
Sanctioning (Government) Lawyers
TeleforumDo Sue and Settle Practices Undermine Congressional Intent for Cooperative Federalism on Environmental Matters?
David B. Rivkin, Adam Carl Doverspike
Note from the Editor: This article is about whether sue and settle practices undermine congressional...
Merit Selection and School Reform
Publius
Few areas of law are the source of more contentious litigation than education cases, particularly...