John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Brenden Mann Foundation Chair in Law and Religion and Co-Director of the Nootbaar Institute for Law, Pepperdine Caruso School of Law
Professor Michael Helfand is the Brenden Mann Foundation Chair in Law and Religion and Co-Director of the Nootbaar Institute for Law, Religion and Ethics at Pepperdine Caruso School of Law. During the Spring, he serves as the Florence Rogatz Visiting Professor at Yale Law School. In addition to his academic appointments, Professor Helfand serves as the Senior Legal Advisor to the Orthodox Union’s Teach Coalition and a Senior Fellow at the Shalom Hartman Institute.
An expert on questions of church and state, Professor Helfand’s work considers how U.S. law treats religious law, custom and practice. His academic articles have appeared in numerous law journals, including the Yale Law Journal, New York University Law Review, Duke Law Journal, Minnesota Law Review, Washington University Law Review, and Southern California Law Review. In addition, Professor Helfand often provides commentary on clashes between law and religion, writing for various public audience publications, including the Wall Street Journal, the Los Angeles Times, and the Forward.
Professor Helfand joined the Pepperdine Caruso Law faculty in 2010 where he has taught Contracts, Arbitration Law, Jewish Law and seminars in Law and Religion as well as Multiculturalism and the Law. Prior to joining the Pepperdine Caruso Law faculty, Professor Helfand was an associate at Davis Polk & Wardwell LLP, where his practice focused on complex commercial litigation. Before entering private practice, Professor Helfand clerked for the Honorable Julia Smith Gibbons of the U.S. Court of Appeals for the Sixth Circuit.
University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University Charles Widger School of Law
Michael P. Moreland was appointed University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy at Villanova University in 2017. Professor Moreland joined the Villanova faculty in 2006 and served as Vice Dean from 2012 to 2015. His research is primarily in the areas of torts, law and religion, constitutional law, and Catholic social thought, and he regularly teaches Torts, First Amendment, seminars in law and religion, and undergraduate courses in ethics.
Professor Moreland is the co-editor of Christianity and Private Law (Routledge, 2021), and his most recent publications include: “The Authority of Tradition: John Henry Newman and Legal Theory” in Christianity and the Making of Irish Law (Routledge, 2025); “Christianity and Torts” in The Oxford Handbook on Christianity and Law, (Oxford University Press, 2023); “Germaneness and Religious Liberty” in the Notre Dame Law Review (2023); “Contingency and Contestation in Christianity and Liberalism” in the Notre Dame Law Review (2023); “Friendship as the Primary Purpose of Law” in The American Journal of Jurisprudence 279 (2022); and “The Moral of Torts” (with Jeffrey Pojanowski) in Christianity and Private Law (Routledge, 2021).
Professor Moreland was a Visiting Professor of Law at the University of Notre Dame and the Mary Ann Remick Senior Visiting Fellow at the Notre Dame Center for Ethics and Culture from 2015 to 2017. He was the Forbes Visiting Fellow at Princeton University in the James Madison Program during academic year 2010-11. He has served as the project leader for grants from the John Templeton Foundation and the Charles Koch Foundation. He serves as the Chair of the Federalist Society’s Religious Liberties Practice Group Executive Committee and the Chair of the Board of Trustees of the Institute for Advanced Catholic Studies at the University of Southern California.
Professor Moreland received his BA in philosophy from the University of Notre Dame, his MA and PhD in theological ethics from Boston College, and his JD from the University of Michigan Law School. Following law school, Professor Moreland clerked for the Honorable Paul J. Kelly Jr., of the United States Court of Appeals for the Tenth Circuit and was an associate at Williams & Connolly LLP in Washington, DC, where he represented clients in First Amendment, professional liability, and products liability matters. Before coming to Villanova, he served as Associate Director for Domestic Policy at the White House under President George W. Bush, where he worked on a range of legal policy issues, including criminal justice, immigration, civil rights, and liability reform.
Founder & CEO, Jewish Institute for Liberal Values
A passionate advocate of the free expression of ideas and Israel, David Bernstein is the founder of the Jewish Institute for Liberal Values (JILV), which opposes illiberal ideologies and supports liberal values in and out of the Jewish community, and author of Woke Antisemitism: How a Progressive Ideology Harms Jews. He is also a co-founder of the Institute for Liberal Values, a consortium of like-minded organizations supporting liberal principles. He is past President and CEO of Jewish Council for Public Affairs and former executive director of the David Project. He spent 13 years at the American Jewish Committee in senior roles. David is a prolific speaker, podcaster and writer, having written hundreds of opinion pieces in the Jewish and general press.
Executive Director, Southeastern Legal Foundation
Kimberly Hermann serves as Executive Director for Southeastern Legal Foundation.
Kim has worked with Southeastern Legal Foundation since 2009. Her belief in liberty and desire to serve started at a young age – instilled by her parents’ dedication to hard work, family values, and love for America.
After earning her undergraduate degree in Analytical Finance and graduate degree in Accounting from Wake Forest University, Kim worked as a licensed CPA with an international accounting firm. But her strong belief in individual liberty, the rule of law, and accountability in government led her to pursue a career in law. While in law school at Georgia State University College of Law, Kim served as a law clerk at SLF. After graduating, Kim worked at a private law firm in Atlanta where she specialized in financial and business litigation but continued to serve SLF in a pro bono capacity. In 2013, Kim returned to SLF full-time and is proud to dedicate her career to the freedom-based law movement.
Kim advances liberty through litigation in federal and state trial and appellate courts on issues ranging from government overreach, free speech, property rights, and economic liberty. In addition to representing clients, Kim testifies before state legislatures, drafts model legislation, and regularly publishes legal articles. Through SLF’s legal initiatives, she informs Americans about their constitutional rights, equipping them with the tools they need to stand up to government overreach. Her work and that of Southeastern Legal Foundation is regularly covered by national media and you will frequently hear or see her on radio, podcasts, and television.
Kim is an active member of the Federalist Society where she serves as an expert on the Federalist Society’s Civil Rights Executive Committee. She is also an active member of her community and when she isn’t fighting for liberty, you can find her at her children’s school or on the sports fields cheering them on. She lives in the Atlanta area with her husband and two children.
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.
Professor of the Practice of International Affairs, Johns Hopkins University; Contributing Editor, The Atlantic; Senior Fellow, The Council on Foreign Relations
Yascha Mounk is a writer and academic known for his work on the crisis of democracy and the defense of philosophically liberal values.
Born in Germany to Polish parents, Yascha received his BA in History from Trinity College Cambridge and his PhD in Government from Harvard University. He is a Professor of the Practice of International Affairs at Johns Hopkins University, where he holds appointments in both the School of Advanced International Studies and the SNF Agora Institute. Yascha is also a Contributing Editor at The Atlantic, a Senior Fellow at the Council on Foreign Relations, a Moynihan Public Fellow at City College. He is the Founder of Persuasion, the host of The Good Fight podcast, and serves as a publisher (Herausgeber) at Die Zeit.
Yascha has written five books: Stranger in My Own Country - A Jewish Family in Modern Germany, a memoir about Germany’s fraught attempts to deal with its past; The Age of Responsibility – Luck, Choice and the Welfare State, which argues that a growing obsession with the concept of individual responsibility has transformed western welfare states; The People versus Democracy – Why Our Freedom Is in Danger and How to Save It, which explains the causes of the populist rise and investigates how to renew liberal democracy; and The Great Experiment - Why Diverse Democracies Fall Apart and How They Can Endure, which argues that anybody who seeks to help ethnically and religiously diverse democracies thrive has reason to embrace a more ambitious vision for their future than is now fashionable; and his latest, The Identity Trap - A Story of Ideas and Power in Our Time, which tells the story of how a new set of ideas about race, gender and sexual orientation came to be extremely influential in mainstream institutions, and why it would be a mistake to give up on a more universalist humanism. Next to his work for The Atlantic, Yascha also occasionally writes for newspapers and magazines including The New York Times, the Wall Street Journal, and Foreign Affairs. He is also a regular contributor to major international publications including Die Zeit, La Repubblica, El País, l'Express and Folha de São Paolo, among others.
To get a better sense of Yascha’s work, listen to his podcast, read his writing at The Atlantic, Foreign Affairs or Persuasion, or follow him on Facebook and Twitter. Or check out some profiles of Yascha and reviews of his recent books.
President, Defending Education
Nicole Neily is the president and founder of Defending Education, a national membership organization that gives parents, students, and others the resources and support they need to advocate for their children’s education. She is also the executive director of PDE Action, a 501(c)4 advocacy organization.
Defending Education champions equal protection and combats race and sex-based discrimination in both the court of law and the court of public opinion, and has successfully sued school districts and the US Department of Education in federal court; facilitated tens of thousands of comments submitted to the Federal Register; filed dozens of federal OCR and EEOC complaints, as well as over two thousand public records requests since its launch in 2021. The organization regularly releases deep-dive education investigations, recently covering political spending by teachers’ unions, biased accreditation agencies, and ethnic studies curriculum in both K-12 and universities.
Prior to launching Defending Education, Nicole created Speech First, a campus free speech organization that sued 6 public universities under her leadership; she has also worked as president of the Franklin Center for Government & Public Integrity; as executive director and senior fellow at the Independent Women’s Forum; and at the Cato Institute. She is the mother of two school-aged children and serves on the board of a public university.
Associate Deputy Attorney General, United States Department of Justice
Attorney, Pacific Legal Foundation
Luke A. Wake is an attorney at the Pacific Legal Foundation. Prior to joining PLF, he was a senior staff attorney at the NFIB Small Business Legal Center.
Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests.
Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake is committed to ensuring that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011).
Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
Deputy General Counsel, U.S. Environmental Protection Agency
General Counsel, Office of Sen. Marsha Blackburn
Jon Adame serves as General Counsel to Senator Marsha Blackburn, where he advises her on all tech-related issues across her committee assignments (Commerce, Judiciary, Armed Services). He previously worked for her on the House Energy & Commerce Committee. Jon graduated from the University of Colorado School of Law, and received his B.A. from the University of New Mexico.
Senior Vice President, Government Affairs, CTIA
Kelly Cole is responsible for overseeing the CTIA Hill team and advancing the wireless industry’s priorities before Congress.
Most recently, Ms. Cole ran her own consulting firm, Kelly Cole Strategies, and was a consulting counsel for Wiley Rein. She has had a highly successful career in the private sector as well as public service. She served as the Executive Vice President of Government Relations for the National Association of Broadcasters where she led the association’s lobbying efforts. Ms. Cole has also served as Majority Counsel for the U.S. House Energy and Commerce Committee managing communications and Internet issues.
She has a Juris Doctor from Willamette University College of Law, a bachelor of arts in Political, Legal and Economic Analysis from Mills College and spent a year studying law at the London School of Economics. Ms. Cole is a member of the bar in the District of Columbia, Washington state and Oregon.
Chief Economist, The Phoenix Center for Advanced Legal & Economic Public Policy Studies
George S. Ford is the chief economist for the Phoenix Center for Advanced Legal and Economic Public Policy Studies, a nonprofit 501(c)(3) research organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
Senior Advisor, Wilkinson Barker Knauer LLP
Mr. Clark is a Senior Advisor at Wilkinson Barker Knauer, LLP. He has extensive experience in energy and utility policy at the federal and state level. He provides clients with analysis and strategic advice on a variety regulatory and public policy matters affecting their businesses. He specializes in working with clients in the energy and telecommunications industries and at the nexus of state and federal jurisdictional issues.
Having been appointed by President Obama, and unanimously confirmed by the U.S. Senate, Mr. Clark served from 2012 to 2016 as a Commissioner of the Federal Energy Regulatory Commission. While at the FERC, Mr. Clark worked on matters that are at the forefront of energy policy, such as: electricity reliability, electricity-natural gas industry coordination, oversight of the nation’s Regional Transmission Organizations, electricity grid cyber and physical security regulations, major enforcement actions, energy infrastructure permitting, the integration of renewables and energy storage, FERC Order 1000 implementation, and wholesale electricity market reforms. From 2001 to 2012 he was a Commissioner of the North Dakota Public Service Commission, including over 5 years as its Chairman. During his tenure at the North Dakota Commission, Mr. Clark oversaw numerous proceedings related to the state’s historic emergence as a leader in American energy production. In 2010, he was selected by his regulatory peers across the nation to serve a term as President of the National Association of Regulatory Utility Commissioners. He also served a three-year term as Chairman of the NARUC Telecommunications Committee. Through his various regulatory positions, he has testified multiple times before Committees of both the US House and US Senate on matters related to energy and telecommunications.
From 1999 to 2000, Mr. Clark was Labor Commissioner of the State of North Dakota and a member of the Cabinet of Gov. Ed Schafer. In 1994 he was one of the youngest people ever elected to the North Dakota legislature, representing a portion of the City of Fargo for two terms in the State House of Representatives. He is a graduate, with honor, from North Dakota State University and holds a master’s degree from the University of North Dakota. In addition to his work at Wilkinson Barker Knauer, LLP, Mr. Clark serves as a non-employee independent director on the Board of Directors of NorthWestern Energy Corporation. Having attained the rank of Eagle Scout in his youth, Mr. Clark has been a long-time volunteer with and supporter of the Boy Scouts of America.
Adam Griffin is a graduate of the University of North Carolina School of Law. During law school, he served as a research assistant to Professor Stephen E. Sachs and UNC Law Dean Martin Brinkley. After law school, Adam spent two years litigating for liberty at the Institute for Justice as an inaugural Law and Liberty Fellow. He then served as a law clerk to Chief Judge Richard E. Myers in the United States District Court for the Eastern District of North Carolina, and previously worked at Pacific Legal Foundation and the Civil Rights Division of the Department of Justice.
Vice President, Regulatory Affairs, NRG Energy
Travis Kavulla joined NRG after a decade of work as a policy wonk and government regulator. Previously, Travis headed up energy and environmental policy for the R Street Institute, a think tank, and before that was twice elected to public office as a utility commissioner in Montana. Travis has also held leadership roles in national policy circles, including as president of the National Association of Regulatory Utility Commissioners. During his work in public life, Travis has written dozens of articles and speeches on electricity policy and regulation.
Partner, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
Partner, McCarter & English, LLP
Alexander Major is a partner and co-leader of the firm’s Government Contracts & Export Controls Practice Group. Mr. Major focuses his practice on federal procurement, cybersecurity liability and risk management, and litigation. A prolific author and thought leader in the area of cybersecurity, his professional experience involves a wide variety of litigation and counseling matters dealing with procurement laws and federal regulations and standards. His diverse experience includes complex litigation in federal court under the qui tam provisions of the False Claims Act and bid protest actions. He counsels all sizes of companies on issues relating to compliance with government regulations including, among other things, cybersecurity (NIST, FIPS, FedRAMP, and DFARS) requirements, multiple award schedule compliance, Section 508 issues, country of origin requirements under the Buy American and Trade Agreements Acts, cost accounting, and small business requirements. He also regularly conducts internal investigations to assist companies ensure that they are in full compliance with the law.
Mr. Major is a contributing author to Computer Software Protection-Liability-Law-Forms, “Chapter 21 - Cloud Computing” (Thomson Reuters), 2018-present. He was also a founding editor and contributing author to the Cloud Computing Legal Deskbook (Thomson Reuters), an annual publication addressing cloud computing issues and solutions for commercial and government end users and suppliers.
Mr. Major is a retired U.S. Air Force intelligence officer who most recently served as a U.S. Air Force Academy Admissions Liaison Officer for the state of Maryland in the Air Force Reserves.
Mr. Major has experience handling commercial and government contract compliance and litigation matters, including cases involving False Claims Act, fraud, embezzlement, and RICO. Mr. Major has also managed complex electronic discovery and pre-trial civil matters on behalf of Fortune 500 companies and individuals in diverse state and federal civil and criminal proceedings.
Partner, McCarter & English, LLP
Franklin Turner is a Partner and Co-Leader of the Government Contracts & Export Controls Practice Group. He is an innovative business lawyer with significant experience resolving complex government contracts issues for a broad array of companies – ranging from multinational Fortune 100 corporations to mid‑market and small businesses. Mr. Turner routinely represents clients in the aerospace, defense, information technology, health care and industrial supply sectors.
Mr. Turner’s multifaceted practice includes assisting companies with comprehensive claims for payment, prosecuting and defending bid protests, counseling companies regarding small business regulations and related issues, conducting internal investigations to ensure his clients’ compliance with federal procurement regulations and related statutes, preparing and submitting mandatory and voluntary disclosures, counseling prime contractors and subcontractors regarding disputes, defending companies against False Claims Act allegations, counseling companies regarding issues of cost allowability, allocability and reasonableness, designing and implementing comprehensive regulatory compliance programs, and assisting government contractors in connection with mergers and acquisitions due diligence.
Mr. Turner is a prolific author and lecturer and is routinely called upon by national and international news organizations to offer his insight regarding developments in the federal procurement industry.
Over the course of his career, Mr. Turner has represented clients in connection with disputes involving a multitude of federal government entities, including the: General Services Administration, Department of Homeland Security, Department of the Navy, Department of the Air Force, Department of the Army, Department of State, Department of Health and Human Services, Department of Justice, Department of the Interior, Department of the Coast Guard, National Aeronautics and Space Administration, Defense Information Systems Agency, National Reconnaissance Office, United States Postal Service, Defense Contract Audit Agency and Defense Contract Management Agency.
Partner, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
Partner, McCarter & English, LLP
Alexander Major is a partner and co-leader of the firm’s Government Contracts & Export Controls Practice Group. Mr. Major focuses his practice on federal procurement, cybersecurity liability and risk management, and litigation. A prolific author and thought leader in the area of cybersecurity, his professional experience involves a wide variety of litigation and counseling matters dealing with procurement laws and federal regulations and standards. His diverse experience includes complex litigation in federal court under the qui tam provisions of the False Claims Act and bid protest actions. He counsels all sizes of companies on issues relating to compliance with government regulations including, among other things, cybersecurity (NIST, FIPS, FedRAMP, and DFARS) requirements, multiple award schedule compliance, Section 508 issues, country of origin requirements under the Buy American and Trade Agreements Acts, cost accounting, and small business requirements. He also regularly conducts internal investigations to assist companies ensure that they are in full compliance with the law.
Mr. Major is a contributing author to Computer Software Protection-Liability-Law-Forms, “Chapter 21 - Cloud Computing” (Thomson Reuters), 2018-present. He was also a founding editor and contributing author to the Cloud Computing Legal Deskbook (Thomson Reuters), an annual publication addressing cloud computing issues and solutions for commercial and government end users and suppliers.
Mr. Major is a retired U.S. Air Force intelligence officer who most recently served as a U.S. Air Force Academy Admissions Liaison Officer for the state of Maryland in the Air Force Reserves.
Mr. Major has experience handling commercial and government contract compliance and litigation matters, including cases involving False Claims Act, fraud, embezzlement, and RICO. Mr. Major has also managed complex electronic discovery and pre-trial civil matters on behalf of Fortune 500 companies and individuals in diverse state and federal civil and criminal proceedings.
Partner, McCarter & English, LLP
Franklin Turner is a Partner and Co-Leader of the Government Contracts & Export Controls Practice Group. He is an innovative business lawyer with significant experience resolving complex government contracts issues for a broad array of companies – ranging from multinational Fortune 100 corporations to mid‑market and small businesses. Mr. Turner routinely represents clients in the aerospace, defense, information technology, health care and industrial supply sectors.
Mr. Turner’s multifaceted practice includes assisting companies with comprehensive claims for payment, prosecuting and defending bid protests, counseling companies regarding small business regulations and related issues, conducting internal investigations to ensure his clients’ compliance with federal procurement regulations and related statutes, preparing and submitting mandatory and voluntary disclosures, counseling prime contractors and subcontractors regarding disputes, defending companies against False Claims Act allegations, counseling companies regarding issues of cost allowability, allocability and reasonableness, designing and implementing comprehensive regulatory compliance programs, and assisting government contractors in connection with mergers and acquisitions due diligence.
Mr. Turner is a prolific author and lecturer and is routinely called upon by national and international news organizations to offer his insight regarding developments in the federal procurement industry.
Over the course of his career, Mr. Turner has represented clients in connection with disputes involving a multitude of federal government entities, including the: General Services Administration, Department of Homeland Security, Department of the Navy, Department of the Air Force, Department of the Army, Department of State, Department of Health and Human Services, Department of Justice, Department of the Interior, Department of the Coast Guard, National Aeronautics and Space Administration, Defense Information Systems Agency, National Reconnaissance Office, United States Postal Service, Defense Contract Audit Agency and Defense Contract Management Agency.
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.
Staff Attorney, Shook Hardy & Bacon
Sarah works with Shook Hardy & Bacon’s Public Policy Group, whose aim is to improve civil litigation through judicial education, communications and legal scholarship; she also is a member of the Litigation practice group. Since joining the firm, she also has worked on construction industry-related arbitrations.
Before joining Shook, Sarah worked on litigation and administrative appeals for the Civil Beat Law Center in Hawaii, which provides advice and representation to the public and the media to achieve transparency in government. During law school, Sarah was senior research assistant to Andrew F. Popper during his work on the third edition of Administrative Law: A Contemporary Approach.
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