Partner, Axinn, Veltrop & Harkrider LLP
Koren Wong-Ervin is a recognized thought leader on competition issues who has testified before Congress on domestic and international issues in antitrust policy. She has more than eighteen years of experience in government, private practice, and as in-house counsel, including representing defendants and plaintiffs in high-stakes litigations and representing companies in domestic and foreign investigations. While at the Federal Trade Commission (FTC), Koren served as an Attorney Advisor to Commissioner Joshua Wright and Counsel for Intellectual Property & International Antitrust.
The combination of Koren's experience representing defendants—along with her experience at the FTC and as a former plaintiffs class action attorney—gives her insights into the thinking on both sides of cases, including complex multi-district litigations, allowing her to develop both effective offensive and defensive strategies. On top of this, her in-house experience as the Director of Antitrust Litigation & Policy at a major technology company gives her a first-hand understanding of how companies work and unique insight into the needs of clients. Koren also has a deep understanding of economics, as evidenced by the fact that she has trained over 500 foreign judges and enforcers on a variety of economic topics.
Koren’s scholarship has been cited by courts and the Department of Justice. She has authored over sixty articles, including on vertical mergers and restraints, acquisitions of potential competitors, consummated mergers, multisided platforms, the intersection of antitrust and intellectual property, incremental innovations or “product hopping,” optimal penalties, extraterritoriality, methodologies for calculating patent infringement damages, and international due process and convergence. She has spoken at over 200 domestic and international events.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Mizuho Financial Group Professor of Finance, Harvard Business Sc, Harvard Law School
Mihir A. Desai is the Mizuho Financial Group Professor of Finance at Harvard Business School and a Professor of Law at Harvard Law School. He received his Ph.D. in political economy from Harvard University; his MBA as a Baker Scholar from Harvard Business School; and a bachelor's degree in history and economics from Brown University. In 1994, he was a Fulbright Scholar to India.
Professor Desai's areas of expertise include tax policy, international finance, and corporate finance. His academic publications have appeared in leading economics, finance, and law journals. His work has emphasized the appropriate design of tax policy in a globalized setting, the links between corporate governance and taxation, and the internal capital markets of multinational firms. His research has been cited in The Economist, BusinessWeek, The New York Times, and several other publications. He is a Research Associate in the National Bureau of Economic Research's Public Economics and Corporate Finance Programs, and served as the co-director of the NBER's India program.
His general interest publications include opinion pieces on varied topics, including tax policy and the effects of globalization on domestic welfare, in The Washington Post, The Wall Street Journal, Tax Notes and The New York Times. He has also written for practitioners in the Harvard Business Review on the role of the Global CFO, on how to reform the U.S. tax system, and how changing incentive systems have contributed to the degradation of American competitiveness. He has testified several times to Congressional bodies, including most recently to the Senate Finance Committee on corporate tax reform and inversions.
Professor Desai has taught extensively as an award-winning teacher at HBS and at Harvard University. As a second-year professor teaching finance in the required curriculum, he received the Student Association Award for teaching excellence from the HBS Class of 2001. He subsequently built a second-year elective on International Financial Management, and his many cases on international finance are collected in a casebook published by John Wiley and are taught around the world. Since 1999, he has co-taught Public Economics (EC 1410) at Harvard College. He has also taught seminars and classes on tax policy at Harvard Law School, NYU Law School, and Columbia Law School. Most recently, Professor Desai has been active in delivering various executive education programs at HBS, including the General Managers Program (GMP), on campus and around the world. In 2011, Professor Desai launched, with Professor Joe Lassiter, the first offering at HBS for Harvard undergraduates, Innovation and Entrepreneurship, that is also included as part of the General Education curriculum at Harvard College. In the fall of 2014, Professor Desai began teaching Taxation at Harvard Law School.
From 2008 to 2011, Professor Desai led HBS's doctoral programs, which include the DBA and joint programs with the Graduate School of Arts and Sciences. In that role, he led the restructuring of various programs and initiated a terminal master's program. From 2010 to 2014, Professor Desai was the Senior Associate Dean for Planning and University Affairs, where he was part of the senior management team of the Business School focused on integration with the rest of the University. Specifically, he has launched a program for Harvard undergraduates to collaborate on research with HBS professors (PRIMO), led the course for undergraduates described above, helped launch the Harvard Innovation Lab, worked on campus planning efforts including the design of Tata Hall and served on the newly created Harvard Libraries Board.
His professional experiences include working at CS First Boston (1989-1991), McKinsey & Co. (1992), and advising a number of firms and governmental organizations. He is also on the Advisory Board of the International Tax Policy Forum and the Centre for Business Taxation at Oxford University.
Senior Lecturer on Law, Harvard Law School
Stephen E. Shay is a Senior Lecturer at Harvard Law School.
Before joining the Harvard Law School faculty as a Professor of Practice in 2011, Mr. Shay was Deputy Assistant Secretary for International Tax Affairs in the United States Department of the Treasury. Prior to re-joining the Treasury Department in 2009, Mr. Shay was a tax partner for 22 years with Ropes & Gray, LLP. Mr. Shay served in the Office of International Tax Counsel at the Department of the Treasury, including as International Tax Counsel, from 1982 to 1987, during which Mr. Shay actively participated in the development and enactment of international provisions in the Tax Reform Act of 1986.
Mr. Shay has published scholarly and practice articles relating to international taxation, and testified for law reform before Congressional tax-writing committees. He has had extensive practice experience in the international tax area and while in active practice was recognized as a leading practitioner in Chambers Global: The World's Leading Lawyers, Chambers USA: America's Leading Lawyers, The Best Lawyers in America, Euromoney's Guide to The World's Leading Tax Advisers and Euromoney's, Guide to The Best of the Best. Mr. Shay discloses certain related interests and activities not connected with his position at Harvard Law School on the Harvard Law School website.
Mr. Shay is President of the American Tax Policy Institute Board of Trustees and is the IBFD Professor in Residence for 2015. Mr. Shay serves on the Executive Committee of the New York State Bar Association Tax Section and has been active in the American Bar Association Tax Section as a Council Director and Chair of the Committee on Foreign Activities of U.S. Taxpayers, in the American Law Institute as an Associate Reporter and in the Taxes Committee of the International Bar Association. Mr. Shay is a 1972 graduate of Wesleyan University, and he earned his J.D. and his M.B.A. from Columbia University in 1976.
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.
Former Director (consultant), International Affairs, The Federalist Society
From 2005 to 2025, Jim Kelly served on a consulting basis as the Federalist Society’s Director of International Affairs, responsible for outreach to law students, lawyers, and judges in Canada, Europe, and Israel. From 2005 to 2008, he served on the U.S. National Commission to UNESCO, and as Chairman of its Social and Human Sciences Committee. From 2001 to 2008, he served as an official U.S. delegate to five international human rights conferences. In 2019, the U.S. State Department appointed Jim to serve as one of the two U.S. members on the European Commission for Democracy through Law (the “Venice Commission”). In 2020, the State Department named him as an expert to the OSCE Moscow Mechanism. In March 2022, he initiated Ukraine’s consideration and use of the Moscow Mechanism to conduct the first official international investigation of the Russia-Ukraine conflict, which resulted in the Report on Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in Ukraine (1 April – 25 June 2022). Jim is the Founder of, and Director of Research for, Global Governance Watch, a web-based project that monitors the global governance activities of the UN’s sustainable development and ESG agenda. In 2022, in connection with his position as a Lecturer at the Busch School of Business at Catholic University of America, he authored Evolution of Business, Human Rights, & ESG, consisting of 28 one-hour presentations about the technocratic, anti-democratic, anti-capitalist, and religious nature and practices of the ESG movement. Jim is Founder and President of Solidarity Center for Law and Justice, P.C., which, since 2001, has filed amicus curiae briefs in five landmark U.S. Supreme Court educational and religious liberty cases. He is the Founder and General Counsel of the Georgia GOAL Scholarship Program, Georgia’s largest K-12 tuition tax credit scholarship program, which, since 2008, has awarded scholarships worth $224.3 million to 21,744 students for use at the accredited private K-12 schools of their choice. He has served on the Georgia Judicial Nominating Commission and Georgia Board of Juvenile Justice. In 2005, he authored Christianity, Democracy, and the American Ideal, a collection of the writings of the French-Catholic philosopher, Jacques Maritain. Jim earned his BBA and Law degrees from the University of Georgia. He also earned a Master of Taxation degree from Georgia State University, a Master of Non-Profit Management degree from Regis University, and a Master of International Relations degree from Salve Regina University. Jim and his wife, Lisa, reside in the Atlanta area.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Founder & CEO of The Hargan Group
Eric D. Hargan is the Founder and CEO of The Hargan Group, a healthcare consulting firm. Eric previously served as the Deputy Secretary of the Department of Health and Human Services (HHS) from 2017 to 2021; he also served as Acting Secretary for several months in 2017-2018. HHS is the largest department in the federal government and has an annual budget of more than $1.3 trillion and over 80,000 employees across 26 divisions. As Deputy Secretary, he oversaw the development and approval of all HHS, CMS and FDA regulations and significant guidances, as well as the day-to-day operations and management of the department, and he led policy and strategy development. From 2003 to 2007, Mr. Hargan also served at HHS in a variety of capacities, including holding the position of Acting Deputy Secretary.
Secretary, Galen Institute
John Hoff, founding board member of the Galen Institute, has a unique background that combines both health care policy and legal expertise. He served as the Health Attaché of the United States Mission to the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the U.S. Mission to the Organization for Economic Cooperation and Development (OECD) from 2005-2009. While stationed in Paris, Mr. Hoff represented the U.S. Government on a broad range of issues of health and science policy on the international level, including intellectual property rights, health information technology, medical innovation, and comparative health systems data.
Prior to his work with UNESCO and the OECD, Mr. Hoff served as a Deputy Assistant Secretary for Planning and Evaluation at the U.S. Department of Health and Human Services. He was in charge of the Office of Disability, Aging, and Long Term Care Policy. He led the Office’s research on these issues, and also worked on additional policy initiatives such as reform of the medical malpractice litigation system, improvements in patient safety, and reform of the health care financing system.
Before joining the Government, Mr. Hoff practiced law for more than 30 years, specializing in health law and policy. He has published a number of articles and drafted legislation on health care issues, including the first bill introduced in Congress for market-based health care reform.
Mr. Hoff received his B.A. and LL.B. degrees from Harvard University. He is a member of the Bar of the District of Columbia and of the Supreme Court of the United States.
Raoul Berger Professor of Legal History at Northwestern University School of Law
Stephen Presser is a leading American legal historian and expert on shareholder liability for corporate debts. He is frequently an invited witness before committees of the U.S. Senate and House of Representatives on issues of constitutional law. He holds a joint appointment with the J. L. Kellogg Graduate School of Management and also teaches in Northwestern's history department.
Secretary, Galen Institute
John Hoff, founding board member of the Galen Institute, has a unique background that combines both health care policy and legal expertise. He served as the Health Attaché of the United States Mission to the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the U.S. Mission to the Organization for Economic Cooperation and Development (OECD) from 2005-2009. While stationed in Paris, Mr. Hoff represented the U.S. Government on a broad range of issues of health and science policy on the international level, including intellectual property rights, health information technology, medical innovation, and comparative health systems data.
Prior to his work with UNESCO and the OECD, Mr. Hoff served as a Deputy Assistant Secretary for Planning and Evaluation at the U.S. Department of Health and Human Services. He was in charge of the Office of Disability, Aging, and Long Term Care Policy. He led the Office’s research on these issues, and also worked on additional policy initiatives such as reform of the medical malpractice litigation system, improvements in patient safety, and reform of the health care financing system.
Before joining the Government, Mr. Hoff practiced law for more than 30 years, specializing in health law and policy. He has published a number of articles and drafted legislation on health care issues, including the first bill introduced in Congress for market-based health care reform.
Mr. Hoff received his B.A. and LL.B. degrees from Harvard University. He is a member of the Bar of the District of Columbia and of the Supreme Court of the United States.
Intellectual Property and Standard Setting
Koren Wong-Ervin, Joshua D. Wright
Note from the Editor: This article discusses the controversial topic of intellectual property in standard...
Topics
The United Nations' Misguided Approach to Healthcare Access
Intellectual property (IP) protections promote innovation and spur research and development into life-saving drugs and...
Corporate Inversions: Tax Dodge, or Symptom of the Tax Code? - Podcast
Mihir A. Desai, Stephen E. Shay
Corporate inversions are transactions, such as mergers or acquisitions, that involve a U.S. and foreign...
Net Neutrality vs. Net Reality: Why an Evidence-Based Approach to Enforcement, And Not More Regulation, Could Protect Innovation on the Web
Maureen K. Ohlhausen
Related Links: Senate Committee on Commerce, Science, and Transportation, Hearing on “Network Neutrality” (testimony of...
Obamacare is Constitutional…What’s Next in Healthcare Law?
Multinational Businesses and the Matrix of Human Rights Governance Networks
James P. Kelly
For decades, human rights activists have successfully petitioned state and national governments in developed countries...
Health Care Reform: Understanding and Challenging the New Law
Philadelphia, PennsylvaniaEncryption Technology: I hear you knockin’, but you can’t come in
Robert F. Schroeder, John G. Malcolm
In these heady days of the Internet, other forms of global communication, and multinational corporations,...
A Contrarian View of Intellectual Property Protection in the Genomics Industry
Clarisa Long
Biomedical research is undergoing a paradigm shift from gene-centric biology to genome-centric biology that changes...
The Coming War Over Encryption Technology
Eric Vance
Encryption technology is at the center of a bitter dispute that promises to hold serious...