Partner, King & Spalding PLLC
Will Barnette is a partner in the Atlanta office of King & Spalding, where he is a member of the firm’s business litigation practice and class action defense group. During his 30-year career, Will has consistently led clients to successful outcomes in their most sensitive and high exposure class action, MDL, and related regulatory matters. From litigating high-stakes tobacco class actions at the turn of the century, to defending massive data breach litigation in the last decade, and winning several lucrative antitrust opt-out settlements more recently, Will has played a key role in much of the leading complex litigation of the era and led clients to tremendous success on both sides of the “v.” In particular, he has deep experience in litigating consumer, products, and antitrust class actions, commercial disputes, and managing internal investigations.
Prior to rejoining King & Spalding, where he worked earlier in his career, Will served as Associate General Counsel for The Home Depot and was a member of the company’s Legal Senior Leadership Team. As leader of The Home Depot’s commercial litigation team for more than ten years, he was responsible for the company’s most significant commercial and business litigation, which frequently challenged core aspects of the company’s business. During his 21-year tenure with The Home Depot, Will led the successful defense of several hundred class actions, created and led the company’s recovery litigation program, and successfully managed multiple high-profile investigations and favorably resolved significant related regulatory matters, including with the United States Department of Justice, the United States Environmental Protection Agency, and multi-state Attorney General groups.
A recognized thought leader in complex litigation, Will argued before the U.S. Supreme Court in the 2019 term—one of the few in-house counsel to do so. He received the Atlanta Business Chronicle’s Corporate Counsel Award for Advocacy in 2016 and has authored seven law review articles. His recent works, Misunderstanding Original Jurisdiction and There Is No Conservative Case for Class Actions, ranked among the top SSRN downloads in Federal Courts and Jurisdiction. He frequently lectures on class actions, MDL litigation, and internal investigations, and teaches Complex Litigation at the University of Tennessee Winston College of Law, where he earned the Harold C. Warner Outstanding Adjunct Professor Award in 2025.
Will chairs the Board of Georgians for Lawsuit Reform, which was instrumental in passing Georgia’s 2025 tort reform legislation. He also serves as Chair of the Class Actions Section for the State Bar of Georgia and is a former President of the Atlanta Legal Aid Society. Will played varsity college basketball at Sewanee.
Attorney, Robinson, Bradshaw & Hinson, PA
Erik Zimmerman is a commercial and appellate litigator. He previously clerked for Chief Justice John G. Roberts Jr. of the U.S. Supreme Court and the Honorable J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. Aided by his experience in the judicial system, Erik represents clients at all levels of the federal and state courts, including the U.S. Supreme Court, federal and state appellate and trial courts, and federal administrative agencies.
Erik has experience in a broad range of subject areas, including contract disputes, employment and labor law, ERISA, and health care and health insurance law. He also represents clients in cases involving constitutional law, communications law, fraud, the False Claims Act, product liability, punitive damages and federal preemption of state law.
Erik's representative matters include helping to secure dismissal of a multibillion dollar breach of contract action in federal district court. He also successfully represented a client in appealing a judgment of nearly $100 million to the U.S. Court of Appeals for the Fourth Circuit in another contract dispute.
Erik also maintains an active pro bono practice. He has represented clients in federal and state appeals involving issues of criminal law, the Fourth Amendment and landlord-tenant law. Erik is admitted only in the District of Columbia.
Attorney, Robinson, Bradshaw & Hinson, PA
Erik Zimmerman is a commercial and appellate litigator. He previously clerked for Chief Justice John G. Roberts Jr. of the U.S. Supreme Court and the Honorable J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. Aided by his experience in the judicial system, Erik represents clients at all levels of the federal and state courts, including the U.S. Supreme Court, federal and state appellate and trial courts, and federal administrative agencies.
Erik has experience in a broad range of subject areas, including contract disputes, employment and labor law, ERISA, and health care and health insurance law. He also represents clients in cases involving constitutional law, communications law, fraud, the False Claims Act, product liability, punitive damages and federal preemption of state law.
Erik's representative matters include helping to secure dismissal of a multibillion dollar breach of contract action in federal district court. He also successfully represented a client in appealing a judgment of nearly $100 million to the U.S. Court of Appeals for the Fourth Circuit in another contract dispute.
Erik also maintains an active pro bono practice. He has represented clients in federal and state appeals involving issues of criminal law, the Fourth Amendment and landlord-tenant law. Erik is admitted only in the District of Columbia.
Senior Special Counsel, Securities & Exchange Commission
J.B. Tarter serves as the Senior Special Counsel for the Cybersecurity Program Office at the U.S. Securities & Exchange Commission. He has over a decade of government service, having previously held senior appointments in the legal offices of the U.S. Department of Energy, the Defense Intelligence Agency, the Office of the Director of National Intelligence, and the Central Intelligence Agency. Prior to his government service he was an appellate attorney with Morgan, Lewis & Bockius LLP, where he represented parties before the U.S. Supreme Court and numerous federal Courts of Appeals. J.B. clerked for then-Chief Judge David B. Sentelle of the U.S. Court of Appeals of the District of Columbia Circuit. He has been profiled by Forbes magazine, taught courses on Executive Power in Wartime for the State Bar of Texas, and presented on ethics and professionalism at The Judge Advocate General's Legal Center and School. A long-time member of the Federalist Society, he is a graduate of the College of Southern Idaho, Emory University, and Harvard Law School.
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.
There Is No Conservative Case for Class Actions
William P. Barnette
A review of The Conservative Case for Class Actions, by Brian T. Fitzpatrick (Chicago), https://press.uchicago.edu/ucp/books/book/chicago/C/bo43233299.html (Read...
Topics
Multidistrict Litigation (MDL) Conference Livestream
Tune into the Livestream during the event from 9:15 AM to 3:15 PM Eastern Time...
Multidistrict Litigation (MDL) Conference
Co-sponsored by Lawyers for Civil Justice and Kirkland & Ellis LLP
Washington, DCGelboim v. Bank of America Corporation - Post-Decision SCOTUScast
Erik R. Zimmerman
On January 21, 2015, the Supreme Court decided Gelboim v. Bank of America Corporation. This...
Gelboim v. Bank of America Corporation - Post-Argument SCOTUScast
Erik R. Zimmerman
On December 9, 2014, the Supreme Court heard oral argument in Gelboim v. Bank of...
Supreme Court Narrowly Interprets the Relitigation Exception of the Anti-Injunction Act
J.B. Tarter
In Smith v. Bayer Corp.,1 the Supreme Court unanimously held that a federal district court...
RAND Issues Report on Abuse of Medical Diagnostic Practices in Mass Litigation
Mark A. Behrens, Corey Schaecher
In June 2005, United States District Court Judge Janis Graham Jack of the Southern District...