Edward F. Berbarie represents and advises clients in a wide range of employment and traditional labor related matters. Mr. Berbarie is board certified in labor and employment law by the Texas Board of Legal Specialization, and he has significant experience in representing and advising clients in complex commercial disputes.
Mr. Berbarie is one of the firm’s subject matter resources in the field of employment arbitration agreements and a core member of Littler’s Alternative Dispute Resolution Practice Group. A large part of his practice is devoted to drafting and enforcing arbitration agreements and arbitrating labor and employment matters. He has argued arbitration enforcement issues in state and federal courts across the country, including appellate and state supreme courts. He was counsel for petitioner in a case involving arbitration enforcement issues that was successful before the U. S. Supreme Court. He frequently writes and speaks on arbitration topics, including the latest developments in arbitration law.
Mr. Berbarie has defended clients in all types of cases from single-plaintiff matters to class action and collective actions. Additionally, he has successfully defended management numerous times against grievances and unfair labor practice charges.
Senior Counsel, Compass Legal Group
Andrew Kloster is Senior Counsel at the nonprofit Compass Legal Group. He is a long-time fixture of the conservative movement, advising clients on the new right on a wide variety of matters criminal, civil, political / electoral, and administrative. Recently, he served as Chief of Staff to the Wisconsin Office of Special Counsel investigation into election administration. Prior to that, he served in the Trump administration, including concurrently as Associate Director in the White House Office of Presidential Personnel and as Deputy General Counsel (and later, Acting General Counsel) in the United States Office of Personnel Management. He has also served in senior positions in regulatory and legal positions at the United States Department of Transportation and the Environmental Protection Agency, and was appointed by President Trump to serve a three-year term on the Council of the Administrative Conference of the United States. Previously, he worked at the Heritage Foundation, the Scalia Law School, and other movement groups. He is a graduate of the University of Miami and the New York University School of Law, and he served as a law clerk on the United States Court of Appeals for the Seventh Circuit.
Director, Center for American Freedom, America First Policy Institute
James Sherk was born in Ontario, Canada, and immigrated with his family to Midland, Michigan while in middle school. He serves as AFPI’s Director of the Center for American Freedom. Sherk previously served as Special Assistant to the President for Domestic Policy on the White House Domestic Policy Council under President Donald Trump. James served as the Administration’s top civil service reform and labor policy advisor from 2017 to 2021. At the White House, he was the principal author of and/or policy lead for approximately two dozen executive orders and presidential memoranda. Sherk also served as a member of the President’s Council on Improving Federal Civic Architecture. Prior to his White House service, Sherk was a Research Fellow at the Heritage Foundation, where he was a nationally recognized expert on the civil service and labor policy. Sherk received a Bachelor of Science in Mathematics and Economics from Hillsdale College and an Master of Arts in Economics from the University of Rochester. Sherk and his wife, Jill, live in Northern Virginia with three beloved children who teach their parents to ponder inscrutable questions like “how much drawing can go on the walls before we have to repaint them?”
Professor of Law, University of Louisville Brandeis School of Law
Ariana R. Levinson is a nationally acclaimed and internationally recognized labor and employment law scholar and focuses her teaching on practical legal skills. She has often presented her research, including at Berkeley Law School, Fordham Law School, University of Leeds, and Universidad Carlos II de Madrid. Levinson’s work has been published in the Columbia Business Law Review and the Cornell Journal of Law and Public Policy. She has a forthcoming student co-authored article in the Harvard Journal on Legislation and is working on a hornbook on arbitration.
Professor Levinson received a Corey Rosen Research Fellowship from the Rutgers School of Management and Labor Relations for the 2012-13 academic year, and a Michael W. Huber Fellowship for the 2013-14 academic year. In conjunction with the fellowships, she published "Founding Worker Cooperatives: Social Movement Theory and the Law" in the Nevada Law Journal and is working on a research project about the Cincinnati Union Co-op Initiative. Her article "What the Awards Tell Us about Labor Arbitration of Employment Discrimination Claims", published in the University of Michigan Journal of Law Reform was selected by blind review by Vanderbilt Law School faculty for presentation at the Branstetter New Voices in Civil Justice Workshop in May 2012.
In addition to writing about worker ownership and arbitration, Professor Levinson has also written a number of articles about workplace technology and privacy. Her most recent publications on this topic include a book chapter in the Research Handbook on Electronic Commerce Law.
Professor Levinson is the faculty liaison to the Peggy Browning Fund and a co-planner of the Warns-Render Labor and Employment Law Institute, an annual labor and employment law continuing legal education program. She coaches the mock arbitration team and advises the Wagner moot court team. She is a Reviewer for the American Business Law Journal. Professor Levinson is admitted to practice in Indiana and California.
Prior to teaching at Brandeis School of Law, Professor Levinson taught at USC Gould School of Law and at UCLA School of Law. She clerked for the Honorable John G. Davies (United States District Court, Central District of California) and for the Honorable Myra C. Selby (Supreme Court of Indiana) and practiced labor law, including serving as a fellow for the AFL-CIO's Legal Department.
She graduated magna cum laude from the University of Michigan Law School. During law school, she served as a contributing editor on the Michigan Law Review and was awarded the Robert S. Feldman Labor Law Award for the most outstanding work in that field. She also received a 2014-15 faculty favorite award from the University of Louisville Delphi Center for Teaching and Learning.
Vice President & Legal Director, National Right To Work Legal Defense Foundation
Raymond J. LaJeunesse, Jr., is Vice President and Legal Director of the National Right to Work Legal Defense Foundation, a non-profit legal aid organization. He was the first Staff Attorney employed by the Foundation and has more than forty-five years of experience helping workers in litigation in federal and state courts and administrative agencies over the abuses of compulsory unionism.
Mr. LaJeunesse has argued four cases in the United States Supreme Court. Those cases include Lehnert v. Ferris Faculty Ass’n, 500 U.S. 507 (1991), which limited the purposes for which compulsory union fees collected from public employees may lawfully be spent; Air Line Pilots Ass’n v. Miller, 523 U.S. 866 (1998), which established that unions cannot compel nonmembers to exhaust union-established remedies before going to court to challenge compulsory union fees; and Marquez v. Screen Actors Guild, 525 U.S. 33 (1998), in which the Court recognized that unions must notify employees that they can satisfy the “membership” requirement of “union shop” agreements by just paying fees for union bargaining activities and need not join and pay full dues to keep their jobs. He also was lead attorney in Hohe v. Casey, 956 F.2d 399 (3d Cir. 1992), in which more than $8.3 million in compulsory agency fees was recovered from the American Federation of State, County and Municipal Employees for a class of 57,000 nonmembers.
Mr. LaJeunesse is the author of several published articles about labor law, has testified before Congressional committees several times, and was an Advisor on the Transition Team for Labor- Related Agencies, Office of the President-Elect, in 1980-81 and a legislative aide to a member of the Virginia state legislature. He is a Vice Chairman of the Federalist Society’s Labor and Employment Law Practice Group and has spoken or debated at the Society’s National Lawyers Convention and at many Lawyers and Student Chapters on such topics as Right to Work laws, compulsory unionism arrangements, the misuse of union dues for politics, union organizing tactics (“card check” vs. secret-ballot elections), and the future of the union movement.
Reed Larson Professor of Labor Law, Ave Maria School of Law and, National Right To Work Legal Defense Foundation
John Raudabaugh is a labor lawyer and former Member of the U.S. National Labor Relations Board. He was a partner in law firms representing management concerning domestic and international labor law matters. Currently, he represents employees seeking relief from union and/or employer unfair labor practices. Mr. Raudabaugh has presented testimony to both Senate and House Committees regarding labor law reform. Professor Raudabaugh teaches Labor Law and a Labor Law Practicum at the Ave Maria School of Law. He is a graduate of the Wharton School of Finance and Commerce and New York State School of Industrial and Labor Relations with B.S. and M.S. degrees in labor economics and a J.D. degree from the University of Virginia Law School of Law.
Edward F. Berbarie represents and advises clients in a wide range of employment and traditional labor related matters. Mr. Berbarie is board certified in labor and employment law by the Texas Board of Legal Specialization, and he has significant experience in representing and advising clients in complex commercial disputes.
Mr. Berbarie is one of the firm’s subject matter resources in the field of employment arbitration agreements and a core member of Littler’s Alternative Dispute Resolution Practice Group. A large part of his practice is devoted to drafting and enforcing arbitration agreements and arbitrating labor and employment matters. He has argued arbitration enforcement issues in state and federal courts across the country, including appellate and state supreme courts. He was counsel for petitioner in a case involving arbitration enforcement issues that was successful before the U. S. Supreme Court. He frequently writes and speaks on arbitration topics, including the latest developments in arbitration law.
Mr. Berbarie has defended clients in all types of cases from single-plaintiff matters to class action and collective actions. Additionally, he has successfully defended management numerous times against grievances and unfair labor practice charges.
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.
Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”
As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces. He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force. He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation. Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.
Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He is the only person to have served as both Solicitor and Secretary of Labor.
He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.
In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws. He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes. He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act. Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations. He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.
Mr. Scalia is a Senior Fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process. He is the author of more than 30 articles and papers on labor and employment law, administrative law, and other subjects. Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360. The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He has been a Lecturer in labor and employment law at the University of Chicago Law School.
Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school. Mr. Scalia and his wife Trish have seven children.
Senior Counsel, Compass Legal Group
Andrew Kloster is Senior Counsel at the nonprofit Compass Legal Group. He is a long-time fixture of the conservative movement, advising clients on the new right on a wide variety of matters criminal, civil, political / electoral, and administrative. Recently, he served as Chief of Staff to the Wisconsin Office of Special Counsel investigation into election administration. Prior to that, he served in the Trump administration, including concurrently as Associate Director in the White House Office of Presidential Personnel and as Deputy General Counsel (and later, Acting General Counsel) in the United States Office of Personnel Management. He has also served in senior positions in regulatory and legal positions at the United States Department of Transportation and the Environmental Protection Agency, and was appointed by President Trump to serve a three-year term on the Council of the Administrative Conference of the United States. Previously, he worked at the Heritage Foundation, the Scalia Law School, and other movement groups. He is a graduate of the University of Miami and the New York University School of Law, and he served as a law clerk on the United States Court of Appeals for the Seventh Circuit.
Vice President & Legal Director, National Right To Work Legal Defense Foundation
Raymond J. LaJeunesse, Jr., is Vice President and Legal Director of the National Right to Work Legal Defense Foundation, a non-profit legal aid organization. He was the first Staff Attorney employed by the Foundation and has more than forty-five years of experience helping workers in litigation in federal and state courts and administrative agencies over the abuses of compulsory unionism.
Mr. LaJeunesse has argued four cases in the United States Supreme Court. Those cases include Lehnert v. Ferris Faculty Ass’n, 500 U.S. 507 (1991), which limited the purposes for which compulsory union fees collected from public employees may lawfully be spent; Air Line Pilots Ass’n v. Miller, 523 U.S. 866 (1998), which established that unions cannot compel nonmembers to exhaust union-established remedies before going to court to challenge compulsory union fees; and Marquez v. Screen Actors Guild, 525 U.S. 33 (1998), in which the Court recognized that unions must notify employees that they can satisfy the “membership” requirement of “union shop” agreements by just paying fees for union bargaining activities and need not join and pay full dues to keep their jobs. He also was lead attorney in Hohe v. Casey, 956 F.2d 399 (3d Cir. 1992), in which more than $8.3 million in compulsory agency fees was recovered from the American Federation of State, County and Municipal Employees for a class of 57,000 nonmembers.
Mr. LaJeunesse is the author of several published articles about labor law, has testified before Congressional committees several times, and was an Advisor on the Transition Team for Labor- Related Agencies, Office of the President-Elect, in 1980-81 and a legislative aide to a member of the Virginia state legislature. He is a Vice Chairman of the Federalist Society’s Labor and Employment Law Practice Group and has spoken or debated at the Society’s National Lawyers Convention and at many Lawyers and Student Chapters on such topics as Right to Work laws, compulsory unionism arrangements, the misuse of union dues for politics, union organizing tactics (“card check” vs. secret-ballot elections), and the future of the union movement.
Professor of Law, University of Louisville Brandeis School of Law
Ariana R. Levinson is a nationally acclaimed and internationally recognized labor and employment law scholar and focuses her teaching on practical legal skills. She has often presented her research, including at Berkeley Law School, Fordham Law School, University of Leeds, and Universidad Carlos II de Madrid. Levinson’s work has been published in the Columbia Business Law Review and the Cornell Journal of Law and Public Policy. She has a forthcoming student co-authored article in the Harvard Journal on Legislation and is working on a hornbook on arbitration.
Professor Levinson received a Corey Rosen Research Fellowship from the Rutgers School of Management and Labor Relations for the 2012-13 academic year, and a Michael W. Huber Fellowship for the 2013-14 academic year. In conjunction with the fellowships, she published "Founding Worker Cooperatives: Social Movement Theory and the Law" in the Nevada Law Journal and is working on a research project about the Cincinnati Union Co-op Initiative. Her article "What the Awards Tell Us about Labor Arbitration of Employment Discrimination Claims", published in the University of Michigan Journal of Law Reform was selected by blind review by Vanderbilt Law School faculty for presentation at the Branstetter New Voices in Civil Justice Workshop in May 2012.
In addition to writing about worker ownership and arbitration, Professor Levinson has also written a number of articles about workplace technology and privacy. Her most recent publications on this topic include a book chapter in the Research Handbook on Electronic Commerce Law.
Professor Levinson is the faculty liaison to the Peggy Browning Fund and a co-planner of the Warns-Render Labor and Employment Law Institute, an annual labor and employment law continuing legal education program. She coaches the mock arbitration team and advises the Wagner moot court team. She is a Reviewer for the American Business Law Journal. Professor Levinson is admitted to practice in Indiana and California.
Prior to teaching at Brandeis School of Law, Professor Levinson taught at USC Gould School of Law and at UCLA School of Law. She clerked for the Honorable John G. Davies (United States District Court, Central District of California) and for the Honorable Myra C. Selby (Supreme Court of Indiana) and practiced labor law, including serving as a fellow for the AFL-CIO's Legal Department.
She graduated magna cum laude from the University of Michigan Law School. During law school, she served as a contributing editor on the Michigan Law Review and was awarded the Robert S. Feldman Labor Law Award for the most outstanding work in that field. She also received a 2014-15 faculty favorite award from the University of Louisville Delphi Center for Teaching and Learning.
Director, Center for American Freedom, America First Policy Institute
James Sherk was born in Ontario, Canada, and immigrated with his family to Midland, Michigan while in middle school. He serves as AFPI’s Director of the Center for American Freedom. Sherk previously served as Special Assistant to the President for Domestic Policy on the White House Domestic Policy Council under President Donald Trump. James served as the Administration’s top civil service reform and labor policy advisor from 2017 to 2021. At the White House, he was the principal author of and/or policy lead for approximately two dozen executive orders and presidential memoranda. Sherk also served as a member of the President’s Council on Improving Federal Civic Architecture. Prior to his White House service, Sherk was a Research Fellow at the Heritage Foundation, where he was a nationally recognized expert on the civil service and labor policy. Sherk received a Bachelor of Science in Mathematics and Economics from Hillsdale College and an Master of Arts in Economics from the University of Rochester. Sherk and his wife, Jill, live in Northern Virginia with three beloved children who teach their parents to ponder inscrutable questions like “how much drawing can go on the walls before we have to repaint them?”
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