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.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Founder, VCXC - Voice Communication Exchange Committee
Daniel Berninger is a Washington, DC based independent communication architect. Mr. Berninger's work started with the original assessment of VoIP at Bell Laboratories in 1995, technical contributions to the founding of Free World Dialup in 1996, and continued at VocalTec Communications where he led the first VoIP deployments at Verizon, HP, and NASA. He won a VON Pioneer Award as co-founder of the VON Coalition. Daniel also led the founding teams, created the business model, and recruited the CEO's for ITXC (NASDAQ: ITXC/Tom Evslin) and Vonage (NYSE: VG/Jeffrey Citron).
Assistant Attorney General, Civil Division, United States Department of Justice
Brett A. Shumate was sworn in as the Civil Division’s 36th Assistant Attorney General on June 11, 2025. He previously served in the Civil Division from 2017 to 2019 as the Deputy Assistant Attorney General for the Federal Programs Branch. Prior to rejoining the Department, Mr. Shumate was a partner at Jones Day in Washington, D.C.
Mr. Shumate clerked for Judge Edith H. Jones on the United States Court of Appeals for the Fifth Circuit. He graduated from Wake Forest University School of Law and Furman University.
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Net Neutrality Back in Court: Will the Economics Hold Up?
Tomorrow, the sordid tale of net neutrality heads back to court at the D.C. Circuit...
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Sometimes “No” is the Right Answer for Market Transactions
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Net Neutrality - CRA Weekly Roundup 3
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Net Neutrality - CRA Weekly Roundup 2
Last week, the Federal Communications Commission’s (“FCC’s”) Restoring Internet Freedom Declaratory Ruling, Report and Order,...
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Net Neutrality - CRA Weekly Roundup
Today, the Federal Communications Commission’s (“FCC’s”) Restoring Internet Freedom Declaratory Ruling, Report and Order, and...
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Federalism and Broadband: A National Question
As Federalists of good standing, it may seem odd that we would argue against “states...
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The Need for Enduring Open Internet Reform
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Why Consumers Won’t Be Left Unprotected in an Open Internet
Below is an Op Ed by Randolph May and Seth Cooper published January 4th in The...
How to Regulate the Internet
Kathleen Q. Abernathy
Note from the Editor: This article traces the history of the FCC’s approach to regulating...
Litigation Update: United States Telecom Association v. Federal Communications Commission - Podcast
Adam White, Daniel Berninger, Brett Shumate
On May 1, the D.C. Circuit denied petitions for en banc review of United States...