Counsel to Commissioner Hester M. Peirce, U.S. Securities and Exchange Commission
Thaya Brook Knight was associate director of financial regulation studies at the Cato Institute. She is an attorney with extensive experience in securities regulation, small business capital access, and capital markets. Before joining Cato, she co-founded and served as general counsel of CrowdCheck, a company providing due diligence and disclosure services in the online investing market. Following the recent financial crisis, she served as investigative counsel for the congressional oversight panel charged with overseeing the expenditure of Troubled Asset Relief Program funds. She also spent several years with the Washington office of the law firm WilmerHale, where her practice focused on securities litigation, securities enforcement defense, and corporate investigations.
She holds a BA from Middlebury College and a JD from the University of Michigan Law School.
Counsel to Commissioner Hester M. Peirce, U.S. Securities and Exchange Commission
Thaya Brook Knight was associate director of financial regulation studies at the Cato Institute. She is an attorney with extensive experience in securities regulation, small business capital access, and capital markets. Before joining Cato, she co-founded and served as general counsel of CrowdCheck, a company providing due diligence and disclosure services in the online investing market. Following the recent financial crisis, she served as investigative counsel for the congressional oversight panel charged with overseeing the expenditure of Troubled Asset Relief Program funds. She also spent several years with the Washington office of the law firm WilmerHale, where her practice focused on securities litigation, securities enforcement defense, and corporate investigations.
She holds a BA from Middlebury College and a JD from the University of Michigan Law School.
Solicitor General, State of Florida
Amit Agarwal was appointed as Florida's solicitor general in June 2016. The position, first established in February 1999, is patterned in part after the U.S. Office of the Solicitor General, which conducts litigation on behalf of the United States in the Supreme Court and supervises the handling of litigation in federal appellate courts. The Solicitor General in Florida serves three primary roles: overseeing civil appeals involving the state's interests in all state and federal appellate courts; teaching at the Florida State University College of Law where he holds the Richard W. Ervin Eminent Scholar Chair; and serving as a policy advisor to the Attorney General.
Agarwal served as deputy chief to the Appellate Division of the United States Attorney's Office for the Southern District of Florida before being named solicitor general. Previously, he clerked at the U.S. Supreme Court for Justice Samuel Alito and served as an attorney advisor in the Office of Legal Counsel of the United States Department of Justice. Additionally, he served as a law clerk for the Honorable Brett Kavanaugh, of the United States Court of Appeals for the District of Columbia Circuit, and the Honorable Edward Becker, of the United States Court of Appeals for the Third Circuit in Philadelphia, PA.
Partner, Gibson Dunn & Crutcher LLP
Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.
Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.
Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”
Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”
Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.
Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.
Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.
Representative Supreme Court matters include:
In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.
Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).
Recent Court of Appeals matters include:
In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.
Other matters:
Thomas W. Smith Fellow; Contributing Editor, City Journal, Manhattan Institute
Heather Mac Donald is the Thomas W. Smith Fellow at the Manhattan Institute, a contributing editor of City Journal, and a New York Times bestselling author. She is a recipient of the 2005 Bradley Prize. Mac Donald’s work at City Journal has covered a range of topics, including higher education, immigration, policing, homelessness and homeless advocacy, criminal-justice reform, and race relations. Her writing has appeared in the Wall Street Journal, Washington Post, New York Times, Los Angeles Times, The New Republic, and The New Criterion. Mac Donald's newest book, The Diversity Delusion: How Race and Gender Pandering Corrupt the University and Undermine Our Culture (2018), argues that toxic ideas first spread by higher education have undermined humanistic values, fueled intolerance, and widened divisions in our larger culture.
Mac Donald’s The War on Cops (2016), a New York Times bestseller, warns that raced-based attacks on the criminal-justice system, from the White House on down, are eroding the authority of law and putting lives at risk. Other previous works include The Burden of Bad Ideas (2001), a collection of Mac Donald’s City Journal essays, details the effects of the 1960s counterculture’s destructive march through America’s institutions. In The Immigration Solution: A Better Plan than Today’s (2007), coauthored with Victor Davis Hanson and Steven Malanga, she chronicles the effects of broken immigration laws and proposes a practical solution to securing the country’s porous borders. In Are Cops Racist? (2010), another City Journal anthology, Mac Donald investigates the workings of the police, the controversy over so-called racial profiling, and the anti-profiling lobby’s harmful effects on black Americans.
A nonpracticing lawyer, Mac Donald clerked for the Honorable Stephen Reinhardt, U.S. Court of Appeals for the Ninth Circuit, and was an attorney-advisor in the Office of the General Counsel of the U.S. Environmental Protection Agency and a volunteer with the Natural Resources Defense Council. She has frequently testified before U.S. House and Senate Committees. In 1998, Mac Donald was appointed to Mayor Rudolph Giuliani’s task force on the City University of New York. She has received numerous awards for her writing:
A frequent guest on Fox News and other TV and radio programs, Mac Donald holds a B.A. in English from Yale University, graduating with a Mellon Fellowship to Cambridge University, where she earned an M.A. in English and studied in Italy through a Clare College study grant. She holds a J.D. from Stanford University Law School.
At the Criminal Justice Legal Foundation's 2018 annual meeting in downtown Los Angeles, U.S. Attorney General Jeff Sessions called Mac Donald, “the greatest thinker on criminal justice in America today.”
Partner, Holland & Knight
William Shepherd is a trial lawyer in Holland & Knight's West Palm Beach and Washington, D.C., offices. Mr. Shepherd, who also serves as executive partner of the firm's West Palm Beach office, represents clients involved in civil and criminal government investigations. He also assists the general counsel of public and private companies in conducting sensitive internal investigations and compliance matters. In addition to his enforcement practice, Mr. Shepherd handles complex civil litigation in related subject matters. Prior to joining the firm, Mr. Shepherd served, at the appointment of the attorney general, as the statewide prosecutor of Florida and earlier in his career, as a prosecutor in Miami, Florida.
Chambers USA – America's Leading Business Lawyers guide has recognized Mr. Shepherd since 2013 for Litigation: White Collar Crime & Government Investigations.
Mr. Shepherd was elected to serve as chair of the 20,000 member Criminal Justice Section of the American Bar Association and served as a member of its Global Anti-Corruption Task Force and as division director of its White Collar Crime Division.
Bank of America Corp. v. City of Miami - Post-Decision SCOTUScast
Thaya Brook Knight
On May 1, 2017, the Supreme Court decided Bank of America Corp. v. City of...
Lessons Learned from United States v. Davis: Cell Phone Warrants and Arguing before the en banc 11th Circuit Court of Appeals
Fort Lauderdale, FloridaTolstoy, Freedom Under the Rule of Law, and the Great Irony of the 2016 Presidential Election
Coral Gables, FloridaThe Art of Judging
Miami, FloridaBank of America Corp. v. City of Miami - Post-Argument SCOTUScast
Thaya Brook Knight
On November 8, 2016, the Supreme Court heard oral argument in Bank of America Corp....
Second Annual Holiday Judicial Reception
Miami, FloridaFourth Annual Miguel Estrada Supreme Court Roundup
Miami, FloridaThe Ferguson Effect, The War on Cops, Over-Incarceration, and more!
Miami Lawyers Chapter
Coral Gables, FLHoliday Reception
Miami, Florida3rd Annual Law Review Topic Selection
Miami, Florida