Special Counsel, Wiley Rein LLP
Michael Showalter is a Special Counsel at Wiley Rein LLP. He received his J.D. from Yale Law School in 2016.
Professor Emeritus of Political Science and Professor Emeritus of Public Policy, Univ. of Maryland Baltimore County
George R. La Noue is Professor Emeritus of Political Science and Professor Emeritus of Public Policy at the University of Maryland Baltimore County. He has served as a trial expert in twenty cases involving public procurement preferences. For thirty years, he was Director of the Project on Civil Rights and Public Contracts at UMBC which recently contributed 289 public contracting disparity studies to the Library of Congress. He has been a consultant to nine governments and trial expert in thirty cases where the validity of disparity studies was at issue.
Prof. La Noue can be reached by email at [email protected].
Associate, Wheeler Trigg O'Donnell LLP
Daniel Nightingale is an appellate attorney at a law firm in Denver. He specializes in high-stakes appeals and commercial litigation nationwide, helping clients navigate challenging cases on appeal and through major motions practice. Dan has briefed and argued cases in courts across the country, including the U.S. Supreme Court and several federal circuit courts. In addition to his appellate practice, Dan also regularly supports trial teams with high level strategy, pre- and post-trial briefing, and complex legal analysis. He has a vibrant pro bono practice as well, which focuses on free speech and life issues.
Before entering private practice, Dan clerked for then-Justice Allison Eid of the Colorado Supreme Court and Judge Joseph Bianco then of the Eastern District of New York. He graduated with honors from the University of Chicago Law School.
Legal Counsel, Alliance Defending Freedom
Julia Payne serves as legal counsel for Alliance Defending Freedom’s Center for Life. In this role, she defends the sanctity of life by litigating both beginning and end of life issues.
Before joining ADF, Payne worked at the Office of the Indiana Attorney General as a deputy attorney general for five years. While at the AG’s office, she managed all of Indiana’s pro-life litigation and also worked on cases concerning immigration, religious liberty, federalism, the Commerce Clause, criminal procedure, federal habeas corpus procedures, civil asset forfeiture, local and special laws, and the common law powers of the attorney general. She has argued cases before the U.S. Court of Appeals for the 7th Circuit, the Southern District of Indiana, and Indiana state courts.
Payne graduated cum laude from Indiana University Maurer School of Law in 2017, where she served as an editor on the Indiana Law Journal and won best brief in the Sherman Minton Moot Court Competition. During law school, Payne interned as a clerk for Indiana Solicitor General Tom Fisher and as a Blackstone Fellow with ADF’s Center for Academic Freedom in Atlanta. She also served as president of the Christian Legal Society and as an officer for the Advocates for Life and the Federalist Society.
Before law school, Payne graduated summa cum laude from Western Kentucky University with a B.A. in History and a B.A. in Spanish. As an undergraduate, Payne studied abroad in both Spain and China. On campus, she served on the Student Government Association Judicial Council, led the music ministry for the Catholic Campus Center, and was an active member of Omega Phi Alpha Service Sorority. Payne was also a founding member of the Hilltoppers for Life, which helped spur her interest in First Amendment and pro-life issues. Payne is a member of the bars of the Indiana Supreme Court, the Northern and Southern Districts of Indiana, and the Seventh Circuit.
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation
Jack Fitzhenry is a Legal Fellow in the Edwin Meese III Center for Legal and Judicial Studies.
He previously served as a law clerk for the Hon. Madeline H. Haikala on the United States District Court for the Northern District of Alabama and for the Hon. Patrick E. Higginbotham on the United States Court of Appeals for the Fifth Circuit. Between clerkships, he litigated a variety of commercial disputes as an associate with Quinn Emanuel Urquhart & Sullivan LLP.
Fitzhenry received his law degree from the University of Michigan Law School and his bachelor’s degree in English Literature from Williams College.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
General Counsel, xAI and X
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Brandon Smith is a partner at Holtzman Vogel, based in Tennessee, where he focuses on government investigations, white collar matters, and specialty litigation. A seasoned government leader and legal strategist, Brandon has played a central role in shaping conservative policy and litigation at the highest levels of state government.
Before joining the firm, Brandon served as Chief of Staff and Assistant Solicitor General in the Tennessee Attorney General’s Office. In that role, he led multi-state litigation, high-profile constitutional challenges, and efforts to counter federal overreach and ESG-related corporate activism. He worked closely with nearly every Republican Attorney General’s Office in the country, coordinating litigation, strategy, and multi-state policy efforts.
Earlier in his career, Brandon served as Executive Director of Legislative and Regulatory Affairs for Kentucky Governor Matt Bevin and as Policy Director to Kansas Governor Sam Brownback, where he helped drive key legislative and budget initiatives. He also held roles as Deputy Director of the Federalist Society and as an adjunct professor at American University.
Brandon’s career has been defined by a commitment to defending federalism, advancing conservative governance, and shaping legal and policy fights that matter.
Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
General Counsel, xAI and X
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Brandon Smith is a partner at Holtzman Vogel, based in Tennessee, where he focuses on government investigations, white collar matters, and specialty litigation. A seasoned government leader and legal strategist, Brandon has played a central role in shaping conservative policy and litigation at the highest levels of state government.
Before joining the firm, Brandon served as Chief of Staff and Assistant Solicitor General in the Tennessee Attorney General’s Office. In that role, he led multi-state litigation, high-profile constitutional challenges, and efforts to counter federal overreach and ESG-related corporate activism. He worked closely with nearly every Republican Attorney General’s Office in the country, coordinating litigation, strategy, and multi-state policy efforts.
Earlier in his career, Brandon served as Executive Director of Legislative and Regulatory Affairs for Kentucky Governor Matt Bevin and as Policy Director to Kansas Governor Sam Brownback, where he helped drive key legislative and budget initiatives. He also held roles as Deputy Director of the Federalist Society and as an adjunct professor at American University.
Brandon’s career has been defined by a commitment to defending federalism, advancing conservative governance, and shaping legal and policy fights that matter.
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This term the U.S. Supreme Court will decide Corner Post, Inc. v. Board of Governors...
Racial Preferences in Economic Benefits: From Widely Accepted to Legally Indefensible
George R. La Noue
As the United States began to emerge from its long history of legal segregation and...
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The Supreme Court will hear arguments on March 26 in a conflict that began in...
Georgia Supreme Court Rules that State’s Heartbeat Law Is Not Void Ab Initio
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Kenneth L. Marcus
A review of Annalise E. Glauz-Todrank, Judging Jewish Identity in the United States (Lexington Books 2023)...
Georgia Supreme Court Carves Its Own Path on Due Process to Strike Down Occupational Licensing Law
Jack Fitzhenry
A unanimous Georgia Supreme Court held in Raffensperger v. Jackson that an occupational licensing law...
Topics
Two Quirky Appellate Decisions on Section 2 of the Voting Rights Act
Two federal circuit courts of appeal recently handed down a pair of quirky opinions regarding...
A discussion within the right: Why is there not a larger conservative plaintiffs' bar?
Mark A. Behrens, James M. Burnham, Andrew N. Ferguson, Ashley Keller, Brandon J. Smith
For decades, the plaintiffs' bar has been populated by liberal lawyers who support left-wing elected...
A discussion within the right: Why is there not a larger conservative plaintiffs' bar?
Mark A. Behrens, James M. Burnham, Andrew N. Ferguson, Ashley Keller, Brandon J. Smith
For decades, the plaintiffs' bar has been populated by liberal lawyers who support left-wing elected...