Associate, Wiley Rein LLP
Joel S. Nolette is an associate at Wiley Rein LLP, where he advocates on behalf of corporate and individual clients in a broad spectrum of complex litigation matters. In 2017, Joel graduated cum laude from the Georgetown University Law Center, where he served as the Editor in Chief of Volume 15 of the Georgetown Journal of Law and Public Policy. From 2019 to 2021, Joel clerked for the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit; and from 2021 to 2022, he clerked for the Honorable Timothy J. Kelly of the U.S. District Court for the District of Columbia. Before attending law school, Joel graduated summa cum laude from Gordon College in Wenham, MA, with his Bachelor of Arts in Biblical Studies and worked as a letter carrier with the U.S. Postal Service.
Partner, Mayer Brown LLP
Marcia Madsen was Chair of the Government Contracts practice and co-chair of the National Security Practice at Mayer Brown. She represented contractors in regulatory, policy, transactional, litigation, and investigative matters involving virtually every federal agency. Her clients included defense contractors, information technology and systems integrators, telecommunications companies, engineering firms, insurers, and manufacturing companies. Ms. Madsen's practice included defense of False Claims Act matters, internal investigations, audits, bid protests, claims and disputes before administrative forums and in the federal courts. She was a former Chair of the American Bar Association Section of Public Contract Law and currently co-chairs the Section’s Procurement Fraud Committee. She also is a member of the Federalist Society Administrative Law and Regulation Executive Committee. In addition, Marcia was a member of the Court of Federal Claims Advisory Council - Emeritus, and a recipient of the Court's Golden Eagle award. She was a Past President of the Board of Contract Appeals Bar Association. She was appointed by the Executive Office of the President to chair the Section 1423 Panel which recommended revision of the acquisition laws. She spoke and wrote frequently on government contracts and litigation topics.
Georgetown University Law Center, LL.M., 1980
American University - Washington College of Law, J.D., 1976
University of Utah, B.A., 1972
Associate, Mayer Brown
Peter Schmidt is an associate in Mayer Brown's Washington DC office and a member of the Intellectual Property practice. He focuses on the finance, media, and technology industries, advising and representing clients in patent, copyright, and trade secret matters. Peter’s work focuses on cases involving complex technical and financial issues, where he draws on his previous experience both as a software engineer and as a financial consultant for McKinsey and Company. These cases have covered both hardware and software issues in a range of sectors.
Peter has represented clients in a broad range of types and stages of litigation, and has extensive experience in case assessment; complaints and answers; discovery and fact gathering; non-infringement, infringement, invalidity, and validity contentions; claim construction; expert reports; motion practice (including summary judgment and admissibility of evidence); trial; and appeals. He graduated magna cum laude from Harvard Law School and first in his class from Carnegie Mellon University with a degree in Electrical and Computer Engineering; he also holds an MBA from Harvard Business School.
Counsel, Mayer Brown
Luke Levasseur has been representing clients in complex federal litigation for more than 20 years and currently focuses his practice on government contract matters. He represents clients in large contract disputes and bid protests before the US Court of Federal Claims and the Government Accountability Office. He has represented clients in federal and state False Claims Act cases, presenting arguments in federal court and conducting internal investigations for clients. Luke also has experience handling a variety of other federal court litigation for clients, involving such matters as antitrust claims, trademark disputes, and alleged fraud.
Prior to re-joining Mayer Brown in 2006, Luke represented the federal government as an attorney with the Civil Division of the US Department of Justice from 1997-2006. He served as lead counsel for, or had a significant role during the trial and appeal of, several large cases that were part of the Winstar-related litigation, which involved billions of dollars in claims against the government and were based on legislative and regulatory changes in the financial services industry. In those cases, he was responsible for developing and presenting expert opinion testimony from the government’s witnesses, including a Nobel-prize winning economist, and for cross-examining other parties’ experts. Throughout his career, Luke has focused on expert witness issues in complex litigation.
When he was with the Department of Justice, Luke also represented the government in numerous appeals before the US Court of Appeals for the Federal Circuit. He was awarded the John Marshall Award for Outstanding Legal Achievement and a Special Commendation Award for exceptional contributions to the defense of the Winstar cases. Luke continues to be an active part of the Court of Federal Claims bar and served as the President of that Court's Bar Association during 2012.
Partner, Mayer Brown
David Dowd is an experienced litigator at Mayer Brown whose practice has a strong emphasis in government contracting issues and controversies. He advises such clients as those involved in health care, information technology, large military systems, engineering services, and other industries regarding federal procurements and related issues. His counsel in this area includes commercial items, conflicts of interest, cost allowability issues, defective pricing, contract and subcontract negotiations, contract financing, assignments and novations, leasing, prime/sub disputes, preparation of claims, and procurement fraud.
David also handles procurement controversies, as he litigates bid protests and disputes before the Government Accountability Office and the Court of Federal Claims, represents contractors in litigation and arbitrations involving government contracts, and tries federal court litigation focused on contract disputes and alleged fraud.
Health care and insurance companies rely on David for advice regarding federal health care and insurance programs, including FEHBA, Medicare, TRICARE, and FEGLI. He represents these industry clients in bid protest and claim litigation regarding federal health care and insurance programs. In related matters, David counsels biotechnology and pharmaceutical companies on biodefense purchasing opportunities and applications, including research and development.
David has more than 20 years of practice experience, having joined Mayer Brown’s Washington, DC office in 2001 after practicing with two other national law firms.
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.
United States Senator, Texas
Ted Cruz represents 28 million Texans in the U.S. Senate as a passionate fighter for limited government and economic growth. He has authored 39 legislative measures signed into law. Recent victories include expanding 529 college savings accounts to allow parents to save for K–12 public, private, and religious education, leading the effort to repeal Obamacare’s individual mandate, imposing sanctions on terrorists who use civilians as human shields, designating North Korea as a state sponsor of terrorism, reauthorizing and reforming NASA, ensuring the availability of additional records to help solve civil rights cold cases, supporting thousands of Texas jobs, and leading the fight to confirm principled constitutionalists to our courts.
Senator Cruz is a graduate of Princeton University and Harvard Law School, a former law clerk to Chief Justice William Rehnquist, and former solicitor general of Texas. He has argued nine cases before the Supreme Court. In November of 2018, he was re-elected to the Senate by the people of Texas.
Chief Political Correspondent and Senior Writer, News.com
Vice President & General Counsel, Google
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Professor of Law, Southern Illinois University School of Law
Professor Mark F. Schultz joined the faculty in 2003. He teaches and writes primarily in the area of intellectual property.
Professor Schultz is a frequent author and speaker known for his work on the law and economics of the global intellectual property system. In one of his most influential projects, he worked with the Organization for Economic Cooperation and Development (OECD) to construct a groundbreaking global trade secret protection index (the TSPI). The TSPI is influencing policy discussions on this cutting-edge topic in capitals around the world. Other recent projects have included an empirical study that quantified for the first time the backlogs in patent offices worldwide, a report on how patented innovation is meeting global health challenges, and the construction of a new global index of copyright strength.
Professor Schultz is an influential voice in public policy debates regarding intellectual property. He has testified before the U.S. Congress on copyright law at the invitation of the House Judiciary Committee and has briefed the staff of the U.S. Senate Judiciary Committee on trade secret legislation. He speaks frequently around the world about the connection between secure and effective intellectual property rights and flourishing national economies and individual lives, with invitations from the U.S. Patent and Trademark Office, the U.S. Trade Representative, and the U.S. Copyright Office, as well as numerous academic institutions, think tanks, and industry groups. He served as an NGO delegate to the World Intellectual Property Organization (WIPO) for several years during the WIPO Development Agenda talks. He is also one of the organizers of an ongoing multilateral diplomatic dialogue on best practices in national trade secret laws, and is co-founder of the Center for Protection of Intellectual Property (CPIP) at George Mason University in Washington, D.C.
Among the awards and recognition he has received for his scholarship was the School of Law's Outstanding Scholar of the Year award in 2008. He has been a distinguished visiting scholar at the University of Botswana and a visiting professor at DePaul University College of Law.
Professor Schultz graduated with honors from the George Washington University School of Law. Following law school, he was a judicial clerk for the Hon. Daniel M. Friedman of the United States Court of Appeals for the Federal Circuit in Washington, D.C., and the Hon. Eric G. Bruggink of the United States Court of Federal Claims. Prior to joining academia, he practiced law for a decade, serving as outside general counsel to several tech startups and helping technology companies to expand their businesses and commercialize their intellectual property in dozens of countries. He holds a B.A. in International Economics from George Washington University and has done PhD level coursework in development economics at Southern Illinois University.
He is active in leadership roles in local and national organizations. He has served as chair of the Federalist Society's Intellectual Property Practice Group and the AALS Section on Internet and Computer Law. He is an officer of the American Bar Association's International IP Committee of the International Law Section and the American Intellectual Property Law Association’s Trade Secret Law Committee. He currently is chair of the Academic Advisory Board of the Copyright Alliance.
Professor Schultz teaches Copyright Law, Trade Secret Law, Trademark Law, and a senior seminar on Intellectual Property and Global Development. He established and directs both the Specialization in Intellectual Property Law and the IP Semester in Practice Externship Program. He also co-founded a Legal Globalization Class, offered every other year, that takes students to South Africa and Botswana after spending a semester learning about the legal system, culture, history, and politics of southern Africa. The popular course is a once-in-a-lifetime experience that introduces students to leading lawyers, judges, government officials, and human rights advocates, taking them from Cape Town to Johannesburg to Gaborone as well as many popular destinations including game reserves, national parks, the Cape of Good Hope, and the Cradle of Humankind.
Lessons in Reading Law: Rimini Street v. Oracle’s Duel Over “Full Costs”
Joel S. Nolette
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Why DoD Should Adopt a Multi-Cloud IT Strategy
Marcia G. Madsen, Peter O. Schmidt, Luke P. Levasseur, David F. Dowd
Note from the Editor: This article describes how companies approach cloud based services, and it...
Topics
Putting “Fair” Back in “Fair Use”
To encourage creative activity, the U.S. Constitution authorizes Congress to provide authors and artists 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...
A New Use for the Gavel: Auction Bidding as a Tool for Selecting Class Action Counsel
Federal judges have a new tool for selecting plaintiffs' lead counsel in class actions. "Auction...
Government--Friend or Foe of E-Commerce? - Transcript
Ted Cruz, Declan McCullagh, Kent Walker, Randolph May, Mark F. Schultz
This panel was presented at the Federalist Society's conference, "Fight The Future? Government Regulation and...