Principal, Law Offices of David Balto and Health Policy Program, New America Foundation
David Balto is one of the leading experts on healthcare competition and regulation and is an antitrust attorney with over a quarter century of experience in both the private and public sectors. He is a prolific writer and speaker on antitrust, consumer protection, and health care policy.
Mr. Balto has over 15 years of government antitrust experience as a trial attorney in the Antitrust Division of the Department of Justice and in several senior level positions at the Federal Trade Commission during the Clinton Administration, including Policy Director of the Bureau of Competition (1998-2001) and attorney advisor to Chairman Robert Pitofsky (1995-1997). In these positions, he was a senior advisor in all aspects of the FTC's merger and non-merger enforcement program, helping to litigate the challenges to the Staples/Office Depot, Drug Wholesalers, and Heinz/Beechnut mergers.
Mr. Balto also helped guide many of the FTC's seminal pharmaceutical and healthcare enforcement efforts, identifying and helping litigate major cases such as the challenges to patent settlement agreements, hospital mergers, and other exclusionary conduct. He was an advisor in many of the FTC's pharmaceutical merger enforcement cases, including Glaxo/Smithkline, Merck/Medco, Lilly/PCS and Ciba/Sandoz, and was instrumental in bringing some of the first enforcement actions against pharmacy benefit managers (PBMs). He was also an author of the 1996 DOJ/FTC healthcare antitrust enforcement guidelines, and served as a liaison on competition issues to the Food and Drug Administration and Congress, advising several Committees on pharmaceutical competition and Hatch-Waxman reform.
Since his transition to private practice, Balto has testified before Congress and state legislatures numerous times on healthcare competition issues and the competitive concerns in health insurance and pharmacy benefit management markets. He has authored studies on health care concentration (sponsored by the Robert Wood Johnson Foundation) and healthcare transparency. He frequently represents hospitals, pharmacies and other healthcare providers in antitrust matters before the DOJ and the FTC.
Mr. Balto received his B.A. from the University of Minnesota, and his J.D. from the Northeastern University School of Law.
Partner, Covington & Burling LLP
Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm's Antitrust & Consumer Law Practice Group. He specializes in global antitrust and competition law practice and works closely with the firm’s white collar practice on criminal antitrust enforcement and investigative matters.
Mr. Barnett recently served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to 2008, having previously served in the Division as Deputy Assistant Attorney General for Civil Enforcement from 2004 to 2005. During his tenure, Mr. Barnett was involved in some of the largest and most complicated criminal matters in the Division’s history, including investigations and prosecutions that involved coordination with multiple competition authorities in other jurisdictions. In the merger area, Mr. Barnett oversaw the review of all mergers investigated by the Division and supervised more than 30 cases filed in federal district court. He also oversaw an active competition advocacy program that included numerousamicusbriefs filed with the U.S. Supreme Court on antitrust issues and comments to a wide range of federal and state agencies. He argued before the U.S. Supreme Court asamicuson behalf of the United States inBell Atlantic Corp. v. Twomblyand testified several times before Congressional committees.
While at the Antitrust Division, Mr. Barnett worked with international antitrust authorities throughout the world and served in leadership positions in key international competition organizations, such as chairing the Working Party on International Cooperation and Enforcement of the OECD Competition Committee and serving on the Steering Committee of the International Competition Network.
Mr. Barnett received the Edmund Randolph Award, the U.S. Department of Justice’s highest honor, for his service in the Division.
Prior to 2004, Mr. Barnett was a leader in the firm’s Antitrust & Consumer Law Practice Group. He counseled Fortune 500 companies on all aspects of antitrust law and was involved in mergers and acquisitions, government antitrust investigations, and antitrust litigation involving a wide range of industries. He served as an adjunct professor at Georgetown University Law Center, teaching a course on antitrust and intellectual property issues in sports in 2001 and 2003, and as a co-teacher of an advanced antitrust seminar at the University of Virginia Law School multiple times between 1991 and 2004.
Stevenson Bernard Professor, George Washington University Law School
The Honorable F. Scott Kieff is the Stevenson Bernard Professor at George Washington University Law School and a Visiting Fellow at Stanford University’s Hoover Institution.
He served as Commissioner of the U.S. International Trade Commission from 2013-2017. He also served during the Bush, Obama, and Trump Administrations in the part-time leadership of the national security defense-intelligence community.
He was previously a professor of law and medicine at Washington University in Saint Louis and a Senior Fellow at Hoover. A former law clerk to U.S. Circuit Judge Giles S. Rich, he is a graduate of Penn Law School and MIT, where he studied molecular biology and microeconomics. He was elected to the European Academy of Sciences and Arts in 2012 and the Academia Europaea in 2024.
His private sector work through Kieff Strategies LLC (www.kieffstrategies.com) provides neutral services including mediation and compliance, and expert services including crisis management, advising, and testimony.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Of Counsel, Latham & Watkins LLP
J. Thomas Rosch, former Commissioner of the US Federal Trade Commission from 2006-2013, is nationally regarded as one of the preeminent practitioners in the areas of antitrust and trade regulation law. He has been lead counsel in more than 100 federal and state court antitrust cases and brings 40 years of expertise to Latham’s Global Antitrust and Competition Practice Group.
Mr. Rosch returned to Latham after completing his term as a Commissioner of the FTC. While at the FTC, he played a key role in revitalizing the Commission’s litigation efforts, particularly in relation to merger enforcement. Prior to joining the FTC, Mr. Rosch served as the FTC’s Bureau of Consumer Protection director from 1973 to 1975, and was a member of the Special Committee to Study the Role of the FTC in 1989.
During his prior tenure at Latham, Mr. Rosch was the former managing partner of the firm’s San Francisco office and was a partner in the Global Antitrust and Competition Practice Group. He successfully tried leading antitrust cases for a wide range of clients and won summary judgments for major corporations in the automobile, freight, pharmaceutical, publishing, and consumer electronics industries, among others.
In 2003, Mr. Rosch was honored as Antitrust Lawyer of the Year by the California State Bar Antitrust Section. He has been a Fellow of the American College of Trial Lawyers for more than 20 years and has been the Chair of both the California Bar Association and American Bar Association’s Antitrust Sections.
U.S. Court of Appeals, D.C. Circuit
Judge Williams practiced law in New York City (at the firm of Debevoise Plimpton and as an Assistant U.S. Attorney) and then taught law at the University of Colorado Law School from 1969 to 1986, with visiting years at UCLA, SMU, and the University of Chicago (where he was also a fellow in law and economics). He was appointed to the U.S. Court of Appeals for the D.C. Circuit in 1986. His most recent book is a biography of Vasily Maklakov, The Reformer: How One Liberal Fought to Preempt the Russian Revolution (Encounter Books, 2017).
Principal, Law Offices of David Balto and Health Policy Program, New America Foundation
David Balto is one of the leading experts on healthcare competition and regulation and is an antitrust attorney with over a quarter century of experience in both the private and public sectors. He is a prolific writer and speaker on antitrust, consumer protection, and health care policy.
Mr. Balto has over 15 years of government antitrust experience as a trial attorney in the Antitrust Division of the Department of Justice and in several senior level positions at the Federal Trade Commission during the Clinton Administration, including Policy Director of the Bureau of Competition (1998-2001) and attorney advisor to Chairman Robert Pitofsky (1995-1997). In these positions, he was a senior advisor in all aspects of the FTC's merger and non-merger enforcement program, helping to litigate the challenges to the Staples/Office Depot, Drug Wholesalers, and Heinz/Beechnut mergers.
Mr. Balto also helped guide many of the FTC's seminal pharmaceutical and healthcare enforcement efforts, identifying and helping litigate major cases such as the challenges to patent settlement agreements, hospital mergers, and other exclusionary conduct. He was an advisor in many of the FTC's pharmaceutical merger enforcement cases, including Glaxo/Smithkline, Merck/Medco, Lilly/PCS and Ciba/Sandoz, and was instrumental in bringing some of the first enforcement actions against pharmacy benefit managers (PBMs). He was also an author of the 1996 DOJ/FTC healthcare antitrust enforcement guidelines, and served as a liaison on competition issues to the Food and Drug Administration and Congress, advising several Committees on pharmaceutical competition and Hatch-Waxman reform.
Since his transition to private practice, Balto has testified before Congress and state legislatures numerous times on healthcare competition issues and the competitive concerns in health insurance and pharmacy benefit management markets. He has authored studies on health care concentration (sponsored by the Robert Wood Johnson Foundation) and healthcare transparency. He frequently represents hospitals, pharmacies and other healthcare providers in antitrust matters before the DOJ and the FTC.
Mr. Balto received his B.A. from the University of Minnesota, and his J.D. from the Northeastern University School of Law.
Partner, Covington & Burling LLP
Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm's Antitrust & Consumer Law Practice Group. He specializes in global antitrust and competition law practice and works closely with the firm’s white collar practice on criminal antitrust enforcement and investigative matters.
Mr. Barnett recently served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to 2008, having previously served in the Division as Deputy Assistant Attorney General for Civil Enforcement from 2004 to 2005. During his tenure, Mr. Barnett was involved in some of the largest and most complicated criminal matters in the Division’s history, including investigations and prosecutions that involved coordination with multiple competition authorities in other jurisdictions. In the merger area, Mr. Barnett oversaw the review of all mergers investigated by the Division and supervised more than 30 cases filed in federal district court. He also oversaw an active competition advocacy program that included numerousamicusbriefs filed with the U.S. Supreme Court on antitrust issues and comments to a wide range of federal and state agencies. He argued before the U.S. Supreme Court asamicuson behalf of the United States inBell Atlantic Corp. v. Twomblyand testified several times before Congressional committees.
While at the Antitrust Division, Mr. Barnett worked with international antitrust authorities throughout the world and served in leadership positions in key international competition organizations, such as chairing the Working Party on International Cooperation and Enforcement of the OECD Competition Committee and serving on the Steering Committee of the International Competition Network.
Mr. Barnett received the Edmund Randolph Award, the U.S. Department of Justice’s highest honor, for his service in the Division.
Prior to 2004, Mr. Barnett was a leader in the firm’s Antitrust & Consumer Law Practice Group. He counseled Fortune 500 companies on all aspects of antitrust law and was involved in mergers and acquisitions, government antitrust investigations, and antitrust litigation involving a wide range of industries. He served as an adjunct professor at Georgetown University Law Center, teaching a course on antitrust and intellectual property issues in sports in 2001 and 2003, and as a co-teacher of an advanced antitrust seminar at the University of Virginia Law School multiple times between 1991 and 2004.
Stevenson Bernard Professor, George Washington University Law School
The Honorable F. Scott Kieff is the Stevenson Bernard Professor at George Washington University Law School and a Visiting Fellow at Stanford University’s Hoover Institution.
He served as Commissioner of the U.S. International Trade Commission from 2013-2017. He also served during the Bush, Obama, and Trump Administrations in the part-time leadership of the national security defense-intelligence community.
He was previously a professor of law and medicine at Washington University in Saint Louis and a Senior Fellow at Hoover. A former law clerk to U.S. Circuit Judge Giles S. Rich, he is a graduate of Penn Law School and MIT, where he studied molecular biology and microeconomics. He was elected to the European Academy of Sciences and Arts in 2012 and the Academia Europaea in 2024.
His private sector work through Kieff Strategies LLC (www.kieffstrategies.com) provides neutral services including mediation and compliance, and expert services including crisis management, advising, and testimony.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Of Counsel, Latham & Watkins LLP
J. Thomas Rosch, former Commissioner of the US Federal Trade Commission from 2006-2013, is nationally regarded as one of the preeminent practitioners in the areas of antitrust and trade regulation law. He has been lead counsel in more than 100 federal and state court antitrust cases and brings 40 years of expertise to Latham’s Global Antitrust and Competition Practice Group.
Mr. Rosch returned to Latham after completing his term as a Commissioner of the FTC. While at the FTC, he played a key role in revitalizing the Commission’s litigation efforts, particularly in relation to merger enforcement. Prior to joining the FTC, Mr. Rosch served as the FTC’s Bureau of Consumer Protection director from 1973 to 1975, and was a member of the Special Committee to Study the Role of the FTC in 1989.
During his prior tenure at Latham, Mr. Rosch was the former managing partner of the firm’s San Francisco office and was a partner in the Global Antitrust and Competition Practice Group. He successfully tried leading antitrust cases for a wide range of clients and won summary judgments for major corporations in the automobile, freight, pharmaceutical, publishing, and consumer electronics industries, among others.
In 2003, Mr. Rosch was honored as Antitrust Lawyer of the Year by the California State Bar Antitrust Section. He has been a Fellow of the American College of Trial Lawyers for more than 20 years and has been the Chair of both the California Bar Association and American Bar Association’s Antitrust Sections.
U.S. Court of Appeals, D.C. Circuit
Judge Williams practiced law in New York City (at the firm of Debevoise Plimpton and as an Assistant U.S. Attorney) and then taught law at the University of Colorado Law School from 1969 to 1986, with visiting years at UCLA, SMU, and the University of Chicago (where he was also a fellow in law and economics). He was appointed to the U.S. Court of Appeals for the D.C. Circuit in 1986. His most recent book is a biography of Vasily Maklakov, The Reformer: How One Liberal Fought to Preempt the Russian Revolution (Encounter Books, 2017).
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Charles I. Francis Professorship in Law, University of Texas at Austin School of Law
Professor Aaron Nielson lectures and writes in the areas of administrative law, civil procedure, and federal courts. Before joining the faculty, he served as Solicitor General of Texas and represented Texas before the U.S. Supreme Court and the Texas Supreme Court, as well as overseeing all appellate litigation for the State. Earlier in his career, he was a professor at Brigham Young University and an appellate and antitrust partner in the Washington, D.C. office of Kirkland & Ellis LLP. He also clerked for Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
As Solicitor General, Professor Nielson successfully defended against a First Amendment challenge Texas’s law requiring online pornographers to institute age verification. In 2020, the U.S. Supreme Court appointed him to defend the constitutionality of a federal agency. He currently serves as a Senior Fellow of the Administrative Conference of the United States after completing a six-year term as an appointed public member and chair of the Conference’s Administration & Management Committee.
Nielson’s research focuses on administrative law, federal litigation, and the separation of powers. He has published (or soon will publish) in the Harvard Law Review, Columbia Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, Duke Law Journal, Georgetown Law Journal, Cornell Law Review, and Northwestern University Law Review, among others. Nielson has been recognized for teaching for teaching and scholarship and in 2021 received the Federalist Society’s Joseph Story Award, which recognizes a young academic for excellence in legal scholarship, a commitment to teaching, and a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society. He is also an elected member of the American Law Institute.
Professor Nielson received his J.D. magna cum laude from Harvard Law School and an LL.M from the University of Cambridge, where he focused his studies on the institutions that regulate global competition and commerce. He received his undergraduate degree summa cum laude from the University of Pennsylvania, majoring in economics and political science.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Co-Founder and Contributor, Power Line Blog
Scott W. Johnson is a graduate of Dartmouth College and the University of Minnesota Law School. He clerked for the United States Court of Appeals for the Eighth Circuit before going to work as a litigator at Faegre & Benson, where he practiced for 16 years and became its first head of appellate practice. He then went to work as regional counsel and senior vice president for TCF Financial Corporation. He currenly serves as legal counsel for a health insurer in Minneapolis. Among his professional publications are "Abraham Lincoln: A Genius for Friendship" (Bench & Bar of Minnesota, September 2000), "Guidelines for Cross-Examination: Lessons from the Cross-Examination of Hermann Goehring" (Bench & Bar of Minnesota, October 2002). He is a founder of, and contributor to, the blog Power Line, which was named Time's first and only blog of the year in December 2004 for its role in exposing the Rathergate story.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
Oppenheim Professor Emeritus of Antitrust and Trade Regulation Law, George Washington University Law School
Thomas D. Morgan is Oppenheim Professor of Antitrust and Trade Regulation Law Emeritus at George Washington University. He was Dean of the Emory University School of Law and on the faculties of the University of Illinois and Brigham Young University. He is co-author of Problems and Materials on Professional Responsibility (14th Ed. 2022), with Professors Mitt Regan and John Dzienkowski. Professor Morgan served as an Associate Reporter for both the American Law Institute’s Restatement of the Law (Third): The Law Governing Lawyers and the American Bar Association’s Ethics 2000 Commission. He is an Executive Committee member of the Federalist Society’s Professional Responsibility and Legal Education Practice Group and a member of the ABA Business Law Section’s Professional Responsibility committee. His book, “The Vanishing American Lawyer” (2010), was published by Oxford University Press.
Adjunct Professor, George Washington University Law School
Legal Scholar and Solo Practitioner
Jack received his B.A. in History from the University of Virginia in 1977, graduating with Highest Distinction. After graduating Yale Law School in 1980, he served active duty in the U.S. Army's JAG Corps, rising to the rank of Major, where he represented the United States in more than 250 cases.
He practiced for a decade as an Associate for Bradley Arant in Birmingham, Alabama. He proudly served the State of Alabama in the Office of the Attorney General, both as Deputy and Assistant Attorney General, handling complex civil and criminal litigation cases for the people of Alabama. In 2000, he won the "Best Brief Award" from the National Association of Attorneys General for his brief in a case decided by the U.S. Supreme Court, James Alexander v. Martha Sandoval – a case he won. He was Special Assistant to the Inspector General for the Corporation for National and Community Service, Visiting Legal Fellow for the Center for Judicial and Legal Studies for the Heritage Foundation, Of Counsel at Strickland Brockington Lewis, a solo practitioner, and General Counsel for Indigo Energy.
Most recently, he "re-upped" for military service, volunteering his legal services to the Georgia State Defense Force where twice each month he provided legal services for National Guardsmen who were being deployed. He wore his military uniform for the last time in October 2024.
Jack Park passed away on March 16, 2026.
Judge, United States Court of Appeals, Eighth Circuit
David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.
Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.
Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.
Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.
From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.
Principal, Law Offices of David Balto and Health Policy Program, New America Foundation
David Balto is one of the leading experts on healthcare competition and regulation and is an antitrust attorney with over a quarter century of experience in both the private and public sectors. He is a prolific writer and speaker on antitrust, consumer protection, and health care policy.
Mr. Balto has over 15 years of government antitrust experience as a trial attorney in the Antitrust Division of the Department of Justice and in several senior level positions at the Federal Trade Commission during the Clinton Administration, including Policy Director of the Bureau of Competition (1998-2001) and attorney advisor to Chairman Robert Pitofsky (1995-1997). In these positions, he was a senior advisor in all aspects of the FTC's merger and non-merger enforcement program, helping to litigate the challenges to the Staples/Office Depot, Drug Wholesalers, and Heinz/Beechnut mergers.
Mr. Balto also helped guide many of the FTC's seminal pharmaceutical and healthcare enforcement efforts, identifying and helping litigate major cases such as the challenges to patent settlement agreements, hospital mergers, and other exclusionary conduct. He was an advisor in many of the FTC's pharmaceutical merger enforcement cases, including Glaxo/Smithkline, Merck/Medco, Lilly/PCS and Ciba/Sandoz, and was instrumental in bringing some of the first enforcement actions against pharmacy benefit managers (PBMs). He was also an author of the 1996 DOJ/FTC healthcare antitrust enforcement guidelines, and served as a liaison on competition issues to the Food and Drug Administration and Congress, advising several Committees on pharmaceutical competition and Hatch-Waxman reform.
Since his transition to private practice, Balto has testified before Congress and state legislatures numerous times on healthcare competition issues and the competitive concerns in health insurance and pharmacy benefit management markets. He has authored studies on health care concentration (sponsored by the Robert Wood Johnson Foundation) and healthcare transparency. He frequently represents hospitals, pharmacies and other healthcare providers in antitrust matters before the DOJ and the FTC.
Mr. Balto received his B.A. from the University of Minnesota, and his J.D. from the Northeastern University School of Law.
Partner, Covington & Burling LLP
Thomas Barnett is a partner in the Washington, DC office and co-chair of the firm's Antitrust & Consumer Law Practice Group. He specializes in global antitrust and competition law practice and works closely with the firm’s white collar practice on criminal antitrust enforcement and investigative matters.
Mr. Barnett recently served as Assistant Attorney General in charge of the Justice Department’s Antitrust Division. He headed the Antitrust Division from 2005 to 2008, having previously served in the Division as Deputy Assistant Attorney General for Civil Enforcement from 2004 to 2005. During his tenure, Mr. Barnett was involved in some of the largest and most complicated criminal matters in the Division’s history, including investigations and prosecutions that involved coordination with multiple competition authorities in other jurisdictions. In the merger area, Mr. Barnett oversaw the review of all mergers investigated by the Division and supervised more than 30 cases filed in federal district court. He also oversaw an active competition advocacy program that included numerousamicusbriefs filed with the U.S. Supreme Court on antitrust issues and comments to a wide range of federal and state agencies. He argued before the U.S. Supreme Court asamicuson behalf of the United States inBell Atlantic Corp. v. Twomblyand testified several times before Congressional committees.
While at the Antitrust Division, Mr. Barnett worked with international antitrust authorities throughout the world and served in leadership positions in key international competition organizations, such as chairing the Working Party on International Cooperation and Enforcement of the OECD Competition Committee and serving on the Steering Committee of the International Competition Network.
Mr. Barnett received the Edmund Randolph Award, the U.S. Department of Justice’s highest honor, for his service in the Division.
Prior to 2004, Mr. Barnett was a leader in the firm’s Antitrust & Consumer Law Practice Group. He counseled Fortune 500 companies on all aspects of antitrust law and was involved in mergers and acquisitions, government antitrust investigations, and antitrust litigation involving a wide range of industries. He served as an adjunct professor at Georgetown University Law Center, teaching a course on antitrust and intellectual property issues in sports in 2001 and 2003, and as a co-teacher of an advanced antitrust seminar at the University of Virginia Law School multiple times between 1991 and 2004.
Stevenson Bernard Professor, George Washington University Law School
The Honorable F. Scott Kieff is the Stevenson Bernard Professor at George Washington University Law School and a Visiting Fellow at Stanford University’s Hoover Institution.
He served as Commissioner of the U.S. International Trade Commission from 2013-2017. He also served during the Bush, Obama, and Trump Administrations in the part-time leadership of the national security defense-intelligence community.
He was previously a professor of law and medicine at Washington University in Saint Louis and a Senior Fellow at Hoover. A former law clerk to U.S. Circuit Judge Giles S. Rich, he is a graduate of Penn Law School and MIT, where he studied molecular biology and microeconomics. He was elected to the European Academy of Sciences and Arts in 2012 and the Academia Europaea in 2024.
His private sector work through Kieff Strategies LLC (www.kieffstrategies.com) provides neutral services including mediation and compliance, and expert services including crisis management, advising, and testimony.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Of Counsel, Latham & Watkins LLP
J. Thomas Rosch, former Commissioner of the US Federal Trade Commission from 2006-2013, is nationally regarded as one of the preeminent practitioners in the areas of antitrust and trade regulation law. He has been lead counsel in more than 100 federal and state court antitrust cases and brings 40 years of expertise to Latham’s Global Antitrust and Competition Practice Group.
Mr. Rosch returned to Latham after completing his term as a Commissioner of the FTC. While at the FTC, he played a key role in revitalizing the Commission’s litigation efforts, particularly in relation to merger enforcement. Prior to joining the FTC, Mr. Rosch served as the FTC’s Bureau of Consumer Protection director from 1973 to 1975, and was a member of the Special Committee to Study the Role of the FTC in 1989.
During his prior tenure at Latham, Mr. Rosch was the former managing partner of the firm’s San Francisco office and was a partner in the Global Antitrust and Competition Practice Group. He successfully tried leading antitrust cases for a wide range of clients and won summary judgments for major corporations in the automobile, freight, pharmaceutical, publishing, and consumer electronics industries, among others.
In 2003, Mr. Rosch was honored as Antitrust Lawyer of the Year by the California State Bar Antitrust Section. He has been a Fellow of the American College of Trial Lawyers for more than 20 years and has been the Chair of both the California Bar Association and American Bar Association’s Antitrust Sections.
U.S. Court of Appeals, D.C. Circuit
Judge Williams practiced law in New York City (at the firm of Debevoise Plimpton and as an Assistant U.S. Attorney) and then taught law at the University of Colorado Law School from 1969 to 1986, with visiting years at UCLA, SMU, and the University of Chicago (where he was also a fellow in law and economics). He was appointed to the U.S. Court of Appeals for the D.C. Circuit in 1986. His most recent book is a biography of Vasily Maklakov, The Reformer: How One Liberal Fought to Preempt the Russian Revolution (Encounter Books, 2017).
Of Counsel, Wimberly, Lawson, Steckel, Schneider & Stine P.C.
Elizabeth K. (Betsy) Dorminey is of counsel with the firm. She received a B.A. magna cum laude from the University of Georgia in 1976, a license ès lettres from the Sorbonne in 1978, a J.D. from UGA’s Law School in 1981, and an LL.M. from Columbia in 1984. She clerked for the Hon. Ed Carnes on the U.S. Court of Appeals for the Eleventh Circuit and worked for the U.S. Departments of Justice and Commerce prior to joining the firm. Ms. Dorminey is a member of the State Bars of Georgia, Connecticut, and New York, and is admitted to practice in Federal District and Appellate Courts throughout the Southeast. With Larry Stine and Mark Waschak, she is co-author of “Occupational Safety & Health Law: Compliance and Practice” (Thomson/West 2008). Her practice concentrates in all aspects of employer defense, including but not limited to litigation the Fair Labor Standards Act, Title VII employment discrimination, and occupational safety and health. She is a member of the Executive Committee of the Labor & Employment Practice Group of the Federalist Society, and serves on the Board of the Friends of the Georgia Museum of Art.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Staff Attorney, National Right to Work Legal Defense and Educati, Inc.
Adjunct Professor, University of Mary Washington, College of Graduate and Professional Studies, 2008-present; Foundation Law Clerk, 2006; Researcher, Ave Maria School of Law, 2004-06; Legal Intern, Dugan McKissick Wood & Longmore, Lexington Park, Md., 2005; Legal Intern, Federalist Society, Washington, DC, 2004; Senior Associate Lobbyist, High Park Advocacy Group, Toronto, Canada, 2001-03; Teacher, Dulwich College, London, England, 1999-2000. Bar Admissions: Maryland, 2006; Virginia, 2008; District of Columbia, 2011; U.S. Supreme Court. Law School: Ave Maria School of Law, J.D., 2006. College: King's College London, Post Graduate Degree in Education, 1999; Gregorian University, Bachelor of Philosophy, summa cum laude, 1994. Member: Federalist Society.Publications: "Organized Labor’s International Law Project? Transforming Workplace Rights into Human Rights" ENGAGE, Feb. 2008, at 98.
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