Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
Former Chairman, Federal Trade Commission; Former Partner, Davis Polk & Wardwell
Mr. Leibowitz is a former partner in Davis Polk’s Washington DC and New York offices. His practice focuses on the complex antitrust aspects of mergers and acquisitions, as well as government and private antitrust investigations and litigation. He also provides counsel in the developing area of privacy law and with respect to advocacy involving Congress.
Mr. Leibowitz was Chairman of the Federal Trade Commission from 2009 through 2013, and was noted for his bipartisanship. He served as a Commissioner from 2004 to 2009. While at the FTC, his priorities included health care and high-tech competition.
Partner, Cravath, Swaine & Moore LLP
Noah Joshua Phillips is Co-Chair of the Antitrust Practice and previously served as a Commissioner of the Federal Trade Commission. He advises clients on a range of antitrust issues, including mergers and acquisitions, business conduct and compliance, litigation and investigations, and data security and privacy.
On the FTC, Mr. Phillips played an integral role in precedent setting enforcement actions and regulatory efforts concerning antitrust, consumer protection and privacy. He decided dozens of merger and other antitrust enforcement matters across the economy, including in the consumer product, defense, energy, entertainment, healthcare, technology, pharmaceutical and retail industries. Mr. Phillips’ written antitrust opinions were consistently upheld by federal appellate courts.
As Commissioner, Mr. Phillips frequently testified before Congress and represented the FTC before international bodies, including the G7, the Competition Committee of the Organisation for Economic Co-operation and Development, and the International Conference of Data Protection and Privacy Commissioners. He speaks and writes frequently on a range of antitrust, consumer protection and privacy issues.
Prior to the FTC, Mr. Phillips served as Chief Counsel to U.S. Senator John Cornyn, of Texas, on the Senate Judiciary Committee. He advised Senator Cornyn on a variety of legal and policy issues, as well as judicial nominations.
Mr. Phillips received an A.B. magna cum laude from Dartmouth College in 2000 and a J.D. from Stanford Law School in 2005. He began his career at a New York-based investment bank. After law school, Mr. Phillips clerked for Hon. Edward C. Prado of the U.S. Court of Appeals for the Fifth Circuit and joined Cravath’s Litigation Department in 2006. He left the Firm in 2010, and he rejoined Cravath as a partner in December 2022.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Rao was appointed to the United States Court of Appeals for the District of Columbia Circuit in March 2019. She graduated from Yale College in 1995 and the University of Chicago Law School in 1999. Following graduation, she served as a law clerk to Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and, in the 2001 October Term, as law clerk to Justice Clarence Thomas of the U.S. Supreme Court. Between her clerkships, Judge Rao served as counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary. In 2002, she joined the international arbitration group of Clifford Chance LLP in London, England. From 2005-2006, she served as Special Assistant and Associate White House Counsel to President George W. Bush. From 2006 to 2017, Judge Rao was a professor at the Antonin Scalia Law School at George Mason University, where she taught constitutional law, legislation and statutory interpretation, and the history and foundations of the administrative state. In 2014, she founded the Center for the Study of the Administrative State, a non-profit Center that promotes academic scholarship and public policy debates about administrative law. In July 2017, she was appointed to serve as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management Budget. She served in this position until her appointment to the D.C. Circuit.
The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board
Alexander T. MacDonald
Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
Topics
The Georgia Fake Electors Scheme: What Does Legal and Political History Tell Us About These Charges?
Five of the 19 defendants indicted by Fulton County District Attorney Fani Willis are alleged...
Topics
EEOC Proposes Expansive Pregnant Workers Fairness Act Regulations
On August 7, 2023, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations implementing the...
Topics
Yes, Congress Has Constitutional Authority to Protect Unborn Children
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, holding that the Constitution...
Topics
A Federal Gestational Age Abortion Ban is the Wrong (and Unconstitutional) Hill for the Pro-Life Movement to Die On
In Dobbs v. Jackson Women’s Health Organization, decided in June 2022, the Supreme Court overruled...
Topics
A First Amendment Bulwark Against a Ministry of Truth
As many know by now, on July 4 in Missouri v. Biden, U. S. District...
Topics
Supreme Court Denunciations from the Left and Right are Misguided
Since the Supreme Court wrapped up business on June 30, liberals have condemned the just-ended...
Topics
Attorneys General Clash Over What SFFA Decisions Mean For Employer DEI Programs
On June 29, 2023, the Supreme Court issued its blockbuster opinions in two cases involving...
Is Congress a Salvageable Institution?
Ted Hirt
A review of Philip A. Wallach, Why Congress (Oxford University Press 2023) Constitutional law...
Luncheon Panel: Fireside Chat on the State of Antitrust
Jon Leibowitz, Noah Joshua Phillips, Neomi Rao
Antitrust law has made recent headlines for a host of reasons, ranging from Chairwoman Lina...