Partner, Cooper & Kirk PLLC
BRIAN W. BARNES has litigated high-stakes cases at all levels of the federal court system and has also argued numerous cases in state trial and appellate courts. He was the principal author of the briefs for the petitioners in Collins v Mnuchin, a multi-billion-dollar administrative law case challenging the nationalization of Fannie Mae and Freddie Mac, which is currently pending in the United States Supreme Court. In related litigation, Mr. Barnes deposed several of the current and former senior executives for Fannie Mae and Freddie Mac, including both companies’ former CEOs. Mr. Barnes also played a central role representing shareholders in disputes over the scope of the government’s discovery obligations in the Fannie Mae/Freddie Mac litigation, successfully persuading the Court of Federal Claims to order the government to show plaintiffs’ counsel most of the documents the government attempted to withhold under the deliberative process and bank examination privileges.
Mr. Barnes also has extensive experience representing plaintiffs in suits filed under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). He briefed and argued St. Luke’s Health Network v. Lancaster General Hospital, 967 F.3d 295 (3d Cir. 2020), in which the Third Circuit reversed dismissal of RICO claims filed as part of a putative class action against a hospital that allegedly defrauded a Pennsylvania program that subsidizes care for indigent patients. Mr. Barnes also helped pioneer the use of RICO to sue state-legalized marijuana businesses: he filed the first such case, successfully argued the case on appeal after it was dismissed, and later helped try the case to a jury on remand. See Safe Streets Alliance v. Hickenlooper, 859 F.3d 865 (10th Cir. 2017).
Mr. Barnes has also worked on a wide range of other matters. He has briefed and argued cases concerning state preemption of local gun regulations in the trial and intermediate appellate courts of Illinois and Pennsylvania. In litigation over the Department of Education’s Title IX regulations, Mr. Barnes represents intervenors who are defending the regulations. And he has an active practice advising institutional investors on the probable outcomes of market-moving litigation in both state and federal courts.
Mr. Barnes clerked for Justice Samuel Alito during the Supreme Court’s 2012 Term and was previously a law clerk to Judge Thomas Griffith of the D.C. Circuit. He is a graduate of Yale Law School, where he was an Articles Editor for the Yale Law Journal and a member of the Yale Supreme Court Clinic. Mr. Barnes received his B.A. from Yale College and is a member of the Colorado and District of Columbia bars.
Senior Litigation Attorney, EarthRights International
Rick Herz is a 1993 Order of the Coif graduate of the University of Virginia School of Law, where he served on the Virginia Law Review. In 1994, he clerked for the Hon. Raymond A. Jackson, U.S. District Judge for the Eastern District of Virginia. Rick was the 1997-1998 Natural Resources Law Institute Fellow at Northwestern School of Law of Lewis and Clark College, where he wrote”Litigating Environmental Abuses Under the Alien Tort Claims Act: A Practical Assessment” , an article about suing multinational corporations for environmental abuses under the Alien Tort Claims Act. He is a member of the New York State Bar. At ERI, Rick directs our work on cases against multinational corporations for international human rights and environmental abuses. As such he is co-counsel for the plaintiffs ERI’s past and ongoing litigation, including Doe v. Unocal, Bowoto v. Chevron, Sahu v. Union Carbide, Wiwa v. Royal Dutch Petroleum, Maynas v. Occidental Petroleum, Doe v. Chiquita, and API v. SEC. He has also filed amicus briefs in the United States Supreme Court and various U.S. Circuit and District courts on behalf of NGOs and law professors in important human rights cases, and he advises human rights and environmental activists and lawyers on international law.
Partner, Jones Day
Eliot Pedrosa is a first chair litigator and trial lawyer with 20 years of experience representing businesses in complex and challenging litigation involving international disputes, financial institutions, securities, and products liability.
Eliot has served as first chair in more than a dozen jury trials and arbitrations and defended clients under investigation by federal and state regulators. Eliot, who is a native Spanish speaker, has in-depth knowledge of Latin American law and recently completed a term as the Senate-confirmed Executive Director of the Inter-American Development Bank (IDB), the largest source of development finance for Latin America and the Caribbean.
Prior to joining Jones Day, Eliot successfully represented clients from around the world, including a German medical device manufacturer, an Israeli software company, the largest sugar producer in Nicaragua, a Spanish language radio station and media company regarding broadcast rights for Mexican soccer matches in the United States, a music company in litigation regarding the sale of a salsa music catalog, a financial services firm in an action alleging improper handling of credit card transactions, and a tobacco company in individual Florida Engle cases.
Eliot has been committed to providing pro bono legal services throughout his career, including representing human trafficking victims, an unaccompanied minor seeking asylum, and a First Amendment challenge to the Florida High School Athletic Association's decision to prohibit use of a stadium loudspeaker for a prayer at a high school football championship game between two private, Christian schools.
Of Counsel, DLA Piper LLP (US)
Harout J. Samra – a Board Certified Specialist in International Law – focuses his practice on international dispute resolution and arbitration matters, including international civil litigation in US courts.
Harout has represented clients from both the public and private sectors, including foreign governments, public officials and clients from a variety of industries. He has experience in international arbitrations administered under the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), United Nations Commission on International Trade Law (UNCITRAL), China International Economic and Trade Arbitration Commission (CIETAC), Bogota Chamber of Commerce, Madrid Court of Arbitration and International Centre for Settlement of Investment Disputes (ICSID) arbitration rules.
Harout currently serves as a member of the Florida Supreme Court Judicial Nominating Commission, by appointment of Governor Ron DeSantis. He previously served, by appointment of Governor Rick Scott, as a member of the Florida Third District Court of Appeal Judicial Nominating Commission, and was elected as Chair of the Commission from 2018-2019.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
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.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
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.
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