Partner, Davis Polk & Wardwell LLP
Mr. Guynn is head of Davis Polk’s Financial Institutions Group. He has been recognized as a thought-leader on financial regulatory reform and as one of the most widely consulted U.S. legal advisers during the financial crisis. See “In the Red Zone,”The American Lawyer, January 2009 and “For Davis Polk, Dodd-Frank Pays,” The American Lawyer, December 2010.
He has advised the Securities Industry and Financial Markets Association (SIFMA), the principal trade organization for U.S. banks, securities firms and asset managers, all of the U.S.’s six-largest banks and several foreign banks on the Dodd-Frank Act and its regulatory implementation.
His practice focuses on providing strategic bank and regulatory and enforcement advice and advising on M&A and capital markets transactions when the target or issuer is a banking organization or other financial institution. He also advises on bank failures and recapitalizations, corporate governance and internal controls, cross-border collateral transactions, credit risk management, securities settlement systems and payment systems.
CEO, Institute of International Bankers
Commissioner, United States Securities and Exchange Commission
Hester M. Peirce was appointed by President Donald J. Trump to the U.S. Securities and Exchange Commission and was sworn in on January 11, 2018.
Prior to joining the SEC, Commissioner Peirce conducted research on the regulation of financial markets at the Mercatus Center at George Mason University. She was a Senior Counsel on the U.S. Senate Committee on Banking, Housing, and Urban Affairs, where she advised Ranking Member Richard Shelby and other members of the Committee on securities issues. Commissioner Peirce served as counsel to SEC Commissioner Paul S. Atkins. She also worked as a Staff Attorney in the SEC’s Division of Investment Management. Commissioner Peirce was an associate at Wilmer, Cutler & Pickering (now WilmerHale) and clerked for Judge Roger Andewelt on the Court of Federal Claims.
Commissioner Peirce earned her bachelor’s degree in Economics from Case Western Reserve University and her JD from Yale Law School.
Director, Financial Services Regulatory Practice, PricewaterhouseCoopers LLP
Cory’s recent engagements include advising on the impact of the Dodd-Frank Act for a major international bank, evaluating Basel II readiness, and advising a federal regulator on oversight and analysis of banking entities. Her areas of expertise include traded products controls (including fixed income, currency, and equity trading), wholesale credit risk management, Basel II implementation requirements, liquidity and funding, financial analysis, and corporate governance.
Prior to joining PwC, she was the associate director of the Large Institution Group at the Board of Governors of the Federal Reserve System, with responsibility for advising staff and the governors on issues relating to the largest, most complex banking organizations, including applications, enforcement actions, and matters related to safety and soundness. During the recent financial crisis, Cory led the Supervisory Capital Assessment Program, commonly referred to as the stress tests. Prior to her responsibilities at the Board of Governors, she led Basel II implementation for the Federal Reserve System from 2003 to mid-2007. Cory also held a number of leadership positions at the Federal Reserve Bank of New York, including in the Market Risk Group and in Relationship Management for large, complex banking organizations. Cory also spent a number of years in the capital markets, where she traded bank debt and later brokered derivatives for financial organizations.
Partner, Davis Polk & Wardwell LLP
Mr. Guynn is head of Davis Polk’s Financial Institutions Group. He has been recognized as a thought-leader on financial regulatory reform and as one of the most widely consulted U.S. legal advisers during the financial crisis. See “In the Red Zone,”The American Lawyer, January 2009 and “For Davis Polk, Dodd-Frank Pays,” The American Lawyer, December 2010.
He has advised the Securities Industry and Financial Markets Association (SIFMA), the principal trade organization for U.S. banks, securities firms and asset managers, all of the U.S.’s six-largest banks and several foreign banks on the Dodd-Frank Act and its regulatory implementation.
His practice focuses on providing strategic bank and regulatory and enforcement advice and advising on M&A and capital markets transactions when the target or issuer is a banking organization or other financial institution. He also advises on bank failures and recapitalizations, corporate governance and internal controls, cross-border collateral transactions, credit risk management, securities settlement systems and payment systems.
CEO, Institute of International Bankers
Commissioner, United States Securities and Exchange Commission
Hester M. Peirce was appointed by President Donald J. Trump to the U.S. Securities and Exchange Commission and was sworn in on January 11, 2018.
Prior to joining the SEC, Commissioner Peirce conducted research on the regulation of financial markets at the Mercatus Center at George Mason University. She was a Senior Counsel on the U.S. Senate Committee on Banking, Housing, and Urban Affairs, where she advised Ranking Member Richard Shelby and other members of the Committee on securities issues. Commissioner Peirce served as counsel to SEC Commissioner Paul S. Atkins. She also worked as a Staff Attorney in the SEC’s Division of Investment Management. Commissioner Peirce was an associate at Wilmer, Cutler & Pickering (now WilmerHale) and clerked for Judge Roger Andewelt on the Court of Federal Claims.
Commissioner Peirce earned her bachelor’s degree in Economics from Case Western Reserve University and her JD from Yale Law School.
Director, Financial Services Regulatory Practice, PricewaterhouseCoopers LLP
Cory’s recent engagements include advising on the impact of the Dodd-Frank Act for a major international bank, evaluating Basel II readiness, and advising a federal regulator on oversight and analysis of banking entities. Her areas of expertise include traded products controls (including fixed income, currency, and equity trading), wholesale credit risk management, Basel II implementation requirements, liquidity and funding, financial analysis, and corporate governance.
Prior to joining PwC, she was the associate director of the Large Institution Group at the Board of Governors of the Federal Reserve System, with responsibility for advising staff and the governors on issues relating to the largest, most complex banking organizations, including applications, enforcement actions, and matters related to safety and soundness. During the recent financial crisis, Cory led the Supervisory Capital Assessment Program, commonly referred to as the stress tests. Prior to her responsibilities at the Board of Governors, she led Basel II implementation for the Federal Reserve System from 2003 to mid-2007. Cory also held a number of leadership positions at the Federal Reserve Bank of New York, including in the Market Risk Group and in Relationship Management for large, complex banking organizations. Cory also spent a number of years in the capital markets, where she traded bank debt and later brokered derivatives for financial organizations.
Investigative Counsel, U.S. House Committee on Education and the Workforce
Kent Talbert is a Washington, DC-based attorney with over 25 years’ experience in providing advice on education law and policy in Congress, the U.S. Department of Education, and the private sector. His practice includes legal and policy advice to colleges and universities, for-profit schools, accrediting agencies, the pre-K-12 sector, charter school organizations, trade associations, and education-focused companies, as well as service as an expert witness. He currently serves as Investigative Counsel, U.S. House Committee on Education and the Workforce.
Prior to establishing his firm, Mr. Talbert practiced at Talbert & Eitel, PLLC from 2010-2012. From 2006-2009 he served as General Counsel of the U.S. Department of Education, advising the Secretary of Education on a broad range of legal and policy matters, including the reauthorization of the Higher Education Act of 1965, the drafting and implementation of regulations under the No Child Left Behind Act of 2001, and major education law cases pending before the Supreme Court of the United States and other appellate and trial courts. During his tenure as General Counsel, Mr. Talbert served as the Chief Regulatory Officer for the Department, overseeing all documents for publication in the Federal Register.
He has provided legal and strategic advice on the No Child Left Behind Act of 2001, the Higher Education Opportunity Act of 2008, the Ensuring Continued Access to Student Loans Act of 2008, the Freedom of Information Act (FOIA), the Family Educational Rights and Privacy Act (FERPA), the Rehabilitation Act of 1973, the Americans With Disabilities Act, Title IX of the Education Amendments of 1972, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), Federal Student Aid program reviews, negotiated rulemaking, and accreditation.
Prior to his service as General Counsel, Mr. Talbert served as the Department's Deputy General Counsel for Departmental and Legislative Service from 2001-2006. Earlier in his career, Mr. Talbert served for over 12 years on House and Senate staff, both as Education Policy Counsel for the Committee on Education and the Workforce in the U.S. House of Representatives, and as a professional staff member of the Committee on Labor and Human Resources (now Committee on Health, Education, Labor, and Pensions) in the U.S. Senate.
Mr. Talbert is a member of the Bars of the District of Columbia and South Carolina, the Alliance of Public Charter School Attorneys, and the National Association of College and University Attorneys where he serves on the Committee on Legal Education. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fourth Circuit, and all federal courts in South Carolina and Washington, DC.
Co-Founder and President, Defense of Freedom Institute
Bob is a co-founder and President of DFI. He previously served as Senior Counselor to the Secretary of Education from 2017 through 2020 and Deputy General Counsel of the U.S. Department of Education from 2005 until 2009.
During his most recent tenure at the Department, Bob served on the Secretary’s Leadership Team as a strategic and legal adviser on higher education, civil rights, and congressional oversight matters. As the Department’s Regulatory Reform Officer, he also supervised the implementation of the Secretary’s regulatory agenda and was an architect of the Secretary’s reforms concerning Title IX and the Higher Education Act. As Deputy General Counsel, Bob advised on a wide variety of regulatory, legislative, and oversight matters.
Prior to joining the Department in 2017, Bob was vice president for regulatory compliance matters for several postsecondary institutions and practiced education and employment law in Washington, D.C. Before coming to the Department in 2005, he practiced law in New Orleans, litigating commercial, employment, and bankruptcy cases in Louisiana, Texas, and Mississippi.
Bob earned his A.B. in History from Georgetown University, studied British government and international politics at the London School of Economics and Political Science, and received his law degree from Tulane University Law School. His articles have been published by National Review, Real Clear Education, Washington Examiner, and other media outlets. Fox News has featured his work.
Bob is a member of the District of Columbia and Louisiana Bars and the Federalist Society for Law and Public Policy Studies.
Partner, Davis Polk & Wardwell LLP
Mr. Guynn is head of Davis Polk’s Financial Institutions Group. He has been recognized as a thought-leader on financial regulatory reform and as one of the most widely consulted U.S. legal advisers during the financial crisis. See “In the Red Zone,”The American Lawyer, January 2009 and “For Davis Polk, Dodd-Frank Pays,” The American Lawyer, December 2010.
He has advised the Securities Industry and Financial Markets Association (SIFMA), the principal trade organization for U.S. banks, securities firms and asset managers, all of the U.S.’s six-largest banks and several foreign banks on the Dodd-Frank Act and its regulatory implementation.
His practice focuses on providing strategic bank and regulatory and enforcement advice and advising on M&A and capital markets transactions when the target or issuer is a banking organization or other financial institution. He also advises on bank failures and recapitalizations, corporate governance and internal controls, cross-border collateral transactions, credit risk management, securities settlement systems and payment systems.
Commissioner, United States Securities and Exchange Commission
Hester M. Peirce was appointed by President Donald J. Trump to the U.S. Securities and Exchange Commission and was sworn in on January 11, 2018.
Prior to joining the SEC, Commissioner Peirce conducted research on the regulation of financial markets at the Mercatus Center at George Mason University. She was a Senior Counsel on the U.S. Senate Committee on Banking, Housing, and Urban Affairs, where she advised Ranking Member Richard Shelby and other members of the Committee on securities issues. Commissioner Peirce served as counsel to SEC Commissioner Paul S. Atkins. She also worked as a Staff Attorney in the SEC’s Division of Investment Management. Commissioner Peirce was an associate at Wilmer, Cutler & Pickering (now WilmerHale) and clerked for Judge Roger Andewelt on the Court of Federal Claims.
Commissioner Peirce earned her bachelor’s degree in Economics from Case Western Reserve University and her JD from Yale Law School.
Director, Financial Services Regulatory Practice, PricewaterhouseCoopers LLP
Cory’s recent engagements include advising on the impact of the Dodd-Frank Act for a major international bank, evaluating Basel II readiness, and advising a federal regulator on oversight and analysis of banking entities. Her areas of expertise include traded products controls (including fixed income, currency, and equity trading), wholesale credit risk management, Basel II implementation requirements, liquidity and funding, financial analysis, and corporate governance.
Prior to joining PwC, she was the associate director of the Large Institution Group at the Board of Governors of the Federal Reserve System, with responsibility for advising staff and the governors on issues relating to the largest, most complex banking organizations, including applications, enforcement actions, and matters related to safety and soundness. During the recent financial crisis, Cory led the Supervisory Capital Assessment Program, commonly referred to as the stress tests. Prior to her responsibilities at the Board of Governors, she led Basel II implementation for the Federal Reserve System from 2003 to mid-2007. Cory also held a number of leadership positions at the Federal Reserve Bank of New York, including in the Market Risk Group and in Relationship Management for large, complex banking organizations. Cory also spent a number of years in the capital markets, where she traded bank debt and later brokered derivatives for financial organizations.
Doy & Dee Henley Chair and Distinguished Professor of Jurisprude, Chapman University Dale E. Fowler School of Law
Ronald D. Rotunda was the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, the Dale E. Fowler School of Law. He joined the faculty in 2008. Before that, he was University Professor and Professor of Law at George Mason University School of Law. From 2002 to 2006, he was the George Mason University Foundation Professor of Law. Before that, he was the Albert E. Jenner, Jr. Professor of Law, at the University of Illinois. He was a magna cum laude graduate of both Harvard College and Harvard Law School, where he was a member of Harvard Law Review. He joined the University of Illinois faculty in 1974 after clerking for Judge Walter R. Mansfield of the United States Court of Appeals for the Second Circuit, practicing law in Washington, D.C., and serving as assistant majority counsel for the Senate Watergate Committee. He has co-authored the most widely used course book on legal ethics, Problems and Materials on Professional Responsibility(Foundation Press, 12th ed. 2014) and was the author of a leading course book on constitutional law, Modern Constitutional Law (West Academic Co., 11th ed. 2015)(Abridged & Unabridged editions). He was the coauthor of, Legal Ethics: The Lawyer's Deskbook on Professional Responsibility (ABA- West/Thompson Reuters Publishing, St. Paul, Minnesota, 2016-2017 ed.) (Jointly published by the ABA and West/Thompson Reuters Publishing) (with John Dzienkowski). Rotunda also co-authored (with John Nowak) the six-volume Treatise on Constitutional Law (West/Thompson Reuters Publishing, 5th ed. 2012)(with annual updates), and a one volume Treatise on Constitutional Law (West Academic, 8th ed. 2010). He was also the author of several other books and more than 500 articles in various law reviews, journals, newspapers, and books in this country and abroad. His works have been translated into French, Portuguese German, Romanian, Czech, Russian, Japanese, and Korean. These books and articles have been cited more than 2000 times by law reviews, by state and federal courts at every level, from trial courts to the U.S. Supreme Court, and by foreign courts in Europe, Africa, Asia, and South America. He has been interviewed on radio and television on legal issues, both in this country and abroad. In 1993 he was the Constitutional Law Adviser to the Supreme National Council of Cambodia and assisted that country in writing its first democratic constitution. He has consulted with various new democracies in Eastern Europe and the former Soviet Union, including Moldova, Romania, and Ukraine, on their proposed constitutions and judicial codes. He chaired the subcommittee that drafted the American Bar Association's Model Rules for Lawyer Disciplinary Enforcement; was a member of the Publications Board of the A.B.A. Center for Professional Responsibility from 1994 to 2016; was a member of the A.B.A. Standing Committee on Professional Discipline (1991-1997); and was Liaison to the A.B.A. Standing Committee on Ethics and Professional Responsibility (1994-1997). He was a Fulbright Professor in Venezuela in 1986 and a Fulbright Research Scholar in Italy in 1981. In 1996 he assisted the Czech Republic in drafting the first Rules of Ethics for lawyers in that country. During the Spring, 1999 semester, he was Visiting Professor at the University of Alabama School of Law, holding the John S. Stone Endowed Chair of Law. During the summer and fall of 2000, he was the Visiting Senior Fellow in Constitutional Studies at the Cato Institute, in Washington, DC. In the fall of 2001, he was visiting professor at George Mason University School of Law. During November-December, 2002, he was Visiting Scholar, Katholieke Universiteit Leuven, Faculty of Law, Leuven, Belgium. In May, 2004, and December, 2005, he was visiting lecturer at the Institute of Law and Economics, Institut für Recht und Ökonomik, at the University of Hamburg. From early June 2004 to May 2005, he was the Special Counsel to the Department of Defense. He was on the Panel of Contributing Editors that produced, Black's Law Dictionary (West/Thompson Reuters Publishing, 8th ed. 2004; Thomson-Reuters, 10th ed. 2014). From 2005-2006, he was a member of the Task Force on Judicial Functions of the Commission on Virginia Courts in the 21st Century: To Benefit All, to Exclude None.
In May, 2000, American Law Media, publisher of The American Lawyer, the National Law Journal, and the Legal Times picked Professor Rotunda as one of the ten most influential Illinois Lawyers. Also in 2000, a lengthy study that the University of Chicago Press published, which sought to determine the influence, productivity, and reputations of law professors over the last several decades, listed Professor Rotunda as the 17th highest in the nation. The 2002-2003 New Educational Quality Ranking of U.S. Law Schools (EQR) [the last year for which such records are available] ranks Professor Rotunda as the eleventh most cited of all law faculty in the United States. Seehttp://www.leiterrankings.com/faculty/2002faculty_impact_cites.shtml.
In July, 2007, he was one of the main speakers at the International Judicial Conference hosted by the United States Embassy, the Supreme Court of Latvia, and the Latvian Ministry of Justice. The other main speakers were Justice Samuel Alito, the President of Latvia, the Prime Minister of Latvia, the Chief Justice of Latvia, and the Minister of Justice of Latvia. On February 27, 2008, President George W. Bush nominated Ronald D. Rotunda to become a member of the Privacy and Civil Liberties Oversight Board (PCLOB) for an initial four-year term and sent his nomination to the Senate Committee on Homeland Security and Governmental Affairs for confirmation hearings on the nominees. He was selected the Best Lawyer in Washington, DC, in 2009 in Ethics and Professional Responsibility Law, as published in November 2008 in the Washington Post in association with the Legal Times. When he moved to California, he was also selected as one of the Best Lawyers in Southern California, in 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, also in Ethics and Professional Responsibility Law as published in the Los Angeles Times, U.S. News, and American Law Media. On June 17, 2009, he became a Commissioner of the Fair Political Practices Commission, a state regulatory agency (analogous to the Federal Election Commission) that is California's independent political watchdog. He served until January 31, 2013, when his term expired. In 2012, he became a Distinguished International Research Fellow at the World Engagement Institute, a non-profit, multidisciplinary and academically-based non-governmental organization with the mission to facilitate professional global engagement for international development and poverty reduction http://www.weinstitute.org/fellows.html. In 2012, Chapman University honored him with The Chapman University Excellence In Scholarly/Creative Work Award, 2011-2012. Since 2014, he has been a member of the Editorial Board of, The International Journal of Sustainable Human Security (IJSHS), a peer-reviewed publication of the World Engagement Institute (WEI). Rotunda was a Member of the Editorial Board of ABA's Journal of Legal Education (2014 to 2016).
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
The Volcker Rule: Curbing Risk or Curbing the Economy?
Randall D. Guynn, Sarah "Sally" Miller, Hester M. Peirce, Coryann Stefansson, Mark Weide
When President Obama, with former Federal Reserve Board Chairman Paul Volcker at his side, announced...
The Volcker Rule: Curbing Risk or Curbing the Economy?
Randall D. Guynn, Sarah "Sally" Miller, Hester M. Peirce, Coryann Stefansson, Mark Weide
When President Obama, with former Federal Reserve Board Chairman Paul Volcker at his side, announced...
The Volcker Rule: Curbing Risk or Curbing the Economy?
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Washington, DCThe Role of the Courts in Our Constitutional System
Memphis, TennesseeThe Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers
Kent D. Talbert, Robert S. Eitel
Note from the Editor: This paper examines the U.S. Department of Education’s administration of the...
Engage Volume 13, Issue 1, March 2012
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