Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Adjunct Professor, George Washington University
Howard W. Cox is a former federal prosecutor, criminal investigator and Senior Intelligence Service officer. After almost 40 years of federal service, he retired as the Assistant Inspector General for Investigations of the Central Intelligence Agency. In this capacity, Mr. Cox supervised criminal, civil and administrative investigations conducted by the Office of Inspector General (OIG). Prior to his employment with the CIA, Mr. Cox was the Assistant Deputy Chief of the Computer Crime and Intellectual Property Section of the Department of Justice, where he was responsible for supervising criminal prosecutions of federal hacking and identity theft cases. While at the Department of Justice, Mr. Cox received the Attorney General’s Distinguished Service Award.
Prior to his service with the Department of Justice, Mr. Cox served as a manager, attorney and criminal investigator at OIG offices at the US Postal Service, the Department of Defense, and the General Services Administration. He also served as Staff Counsel for the US Senate Permanent Subcommittee on Investigations. Prior to his federal civilian service, Mr. Cox was also a Captain and trial attorney in the US Army’s Judge Advocate General’s Corps. Mr. Cox also served as Law Secretary to the Hon. Sherwin D. Lester, NJ Superior Court.
Mr. Cox is an adjunct professor at George Washington University, where he teaches graduate level courses in computer forensics. He is also an instructor with the Graduate School USA, and the Federal Law Enforcement Training Center, where he teaches courses related to procurement fraud and electronic search and seizure. Mr. Cox received his AB degree from Seton Hall University, South Orange, NJ. He received his law degree from Georgetown University Law Center, Washington, DC.
Charles I. Francis Professorship in Law, University of Texas at Austin School of Law
Professor Aaron Nielson lectures and writes in the areas of administrative law, civil procedure, and federal courts. Before joining the faculty, he served as Solicitor General of Texas and represented Texas before the U.S. Supreme Court and the Texas Supreme Court, as well as overseeing all appellate litigation for the State. Earlier in his career, he was a professor at Brigham Young University and an appellate and antitrust partner in the Washington, D.C. office of Kirkland & Ellis LLP. He also clerked for Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
As Solicitor General, Professor Nielson successfully defended against a First Amendment challenge Texas’s law requiring online pornographers to institute age verification. In 2020, the U.S. Supreme Court appointed him to defend the constitutionality of a federal agency. He currently serves as a Senior Fellow of the Administrative Conference of the United States after completing a six-year term as an appointed public member and chair of the Conference’s Administration & Management Committee.
Nielson’s research focuses on administrative law, federal litigation, and the separation of powers. He has published (or soon will publish) in the Harvard Law Review, Columbia Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, Duke Law Journal, Georgetown Law Journal, Cornell Law Review, and Northwestern University Law Review, among others. Nielson has been recognized for teaching for teaching and scholarship and in 2021 received the Federalist Society’s Joseph Story Award, which recognizes a young academic for excellence in legal scholarship, a commitment to teaching, and a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society. He is also an elected member of the American Law Institute.
Professor Nielson received his J.D. magna cum laude from Harvard Law School and an LL.M from the University of Cambridge, where he focused his studies on the institutions that regulate global competition and commerce. He received his undergraduate degree summa cum laude from the University of Pennsylvania, majoring in economics and political science.
Counsel, Ford & Harrison LLP
Frank has successfully represented national retailers, health care providers, and various other public and private employers in matters arising under Title VII, the ADA, FMLA, ADEA, USERRA, and various other federal and state statutes.
He has extensive litigation experience in many different forums, and he has helped many clients prevail on summary judgment and at trial. Frank frequently serves as a faculty member at employment law seminars, and he has published articles in the ABA Employment Law Newsletter, the Tennessee Bar Journal, and the University of Memphis Law Review. He graduated from the University of Memphis School of Law with honors where he also received special recognition for his performance in moot court and mock trial competitions.
Of Counsel, Fisher & Phillips, LLP
Greg Grisham has over 25 years of successful experience counseling and representing employers in all aspects of workplace law in Tennessee and across the United States.
He has helped employers avoid claims, charges and lawsuits with a focus on preventative practices. Preventative practices include counseling in situations involving discipline, termination, demotion, promotion and other workplace changes in the terms and conditions of employment, harassment investigations, wage and hour compliance, FMLA Compliance, Reasonable Accommodation assessment, supervisor training and the review of employment policies and procedures. In addition, Greg's practice includes the representation of business entities subject to Title III of the Americans with Disabilities Act in Public Accommodation cases.
Greg has successfully litigated hundreds of administrative charges, employment lawsuits, and arbitration demands on behalf of employers, including federal and state law claims alleging discrimination, harassment, retaliation, wrongful termination, defamation, invasion of privacy, breach of contract, wage and hour violations and ERISA violations, among others. He also represents employers before the National Labor Relations Board in unfair labor practice proceedings. He represents employers in the enforcement of post-employment restrictive covenants such as non-compete, non-solicitation and non-disclosure agreements and related trade secret litigation. Greg's practice also includes the defense of property owners and property management companies in federal and state Housing Discrimination charges and litigation. He also advises Tennessee Public Charter Schools on education law and workplace compliance matters.
Greg has extensive experience working with insurance carriers and their insureds in the defense of EPLI claims. He is a regular speaker at public seminars on workplace law issues and has authored numerous articles on a variety of labor and employment law related topics.
Greg holds an AV Preeminent Peer Review rating from Martindale-Hubbell and has been selected for inclusion in Mid-South Super Lawyers and Best Lawyers in America for Employment Litigation-Management side. Greg was elected as a 2016 Fellow to the College of Labor and Employment Lawyers and has been selected to the “Top 20 Lawyers in Traditional Labor & Employment Law” list in conjunction with Human Resource Executive Magazine and LawDragon’s 2017 and 2018 “Most Powerful Employment Attorneys” lists and specialty guides. Greg was also named a Fellow in the American Bar Foundation in 2017.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Former Inspector General of the Corporation for National and Community Service
Gerald Walpin, the new Inspector General of the Corporation for National and Community Service, has vowed a vigorous effort to investigate and prosecute all persons who betray the public’s trust by defrauding the Corporation and its programs.
A prominent New York attorney, Walpin was nominated by President George W. Bush, confirmed by the U.S. Senate and sworn into office on January 8, 2007. He leads the Office of Inspector General (OIG), an independent Federal agency charged with oversight over the taxpayer-supported Corporation and its service programs, including AmeriCorps, Volunteers in Service to America (VISTA)and Senior Corps.
“My major objective is to expand upon the good work of this office by preventing, detecting and prosecuting all thefts and frauds,” said Walpin. “The reality is that such misconduct takes precious resources away from deserving people, the same way the theft of a welfare check hurts a single mother who needs that money to buy milk for her children. For that reason, this office will seek out and ensure sanctions for all wrongdoing involving Corporation funds.”
Walpin said his other major goal is to “assist the Corporation in making its services efficient and accessible for all national service stakeholders.”
A New York City native, Walpin graduated from College of the City of New York in 1952. He earnedhis law degree, cum laude, in 1955 from Yale Law School, where he was managing editor of the Yale Law Journal. From 1957-60, he served as a lieutenant in the United States Air Force Judge Advocate General.
His career included a five-year stint as Chief of Prosecutions for the United States Attorney for the Southern District of New York, where he successfully prosecuted a number of high-profile cases. He spent more than 40 years as senior partner and, more recently, of counsel to New York-based Katten Muchin Rosenman LLP.
Mr. Walpin has represented a wide range of clients, including large public corporations, securities brokerage firms, accounting firms, law firms, banks in lender liability claims, and individuals, both American and foreign, in securities litigations, employment litigations, criminal prosecutions, and investigations by the United States Securities and Exchange Commission. Both as an Assistant U.S. Attorney and in his law firm, he was frequently called upon to investigate fraudulent conduct.
Included in the published compilation “The Best Lawyers in America,” Mr. Walpin served from 2002-2004 as president of the Federal Bar Council, the association of attorneys practicing in the Second Circuit Federal courts. In 2003, he was honored with the American Inns of Court Professionalism Award for outstanding professionalism as an attorney and for mentoring younger lawyers.
Walpin and his wife Sheila, married for almost 50 years, have three children and six grandchildren.
Inspector General of the Corporation for National and Community Service
Chief of Prosecutions in the New York U.S. Attorney's Office.
President of the Federal Bar council
Senior Partner of and Council to Katten Muchin Rosenman LLP
Chief of Prosectutions for the US Attornery for the Southern District of New York
Lieutenant in the US Air Force Judge Advocate General
B.A., College of the City of New York, 1952
J.D., Yale Law School
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
The Alt-Chain Revolution: Regulatory Considerations for the Next Wave of Bitcoin Innovation
David B. Rivkin, Andrew Grossman
Bitcoin is dead. Long live Bitcoin. A counterintuitive feature of the groundbreaking cryptocurrency—and there are...
StingRay Technology and Reasonable Expectations of Privacy in the Internet of Everything
Howard W. Cox
Note from the Editor: This article discusses cell site simulators, also known as StingRays, and...
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Aaron Nielson
On March 22, 2016, the Supreme Court heard oral argument in Simmons v. Himmelreich. This...
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Circumventing Congress: The Use of Sex-Stereotyping Theory to Expand Protected Classes Under Title VII
Frank L. Day, J. Gregory Grisham
Note from the Editor: This article is about the EEOC’s use of the Supreme Court’s...
U.S. Army Corps of Engineers v. Hawkes Co., Inc.: Wetlands Jurisdictional Determinations and the Right of Federal Judicial Review
Damien Michael Schiff
Note from the Editor: This article discusses U.S. Army Corps of Engineers v. Hawkes, a...
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ED Texas Patent Docket Facing Headwinds
In 2015, patent holders filed 2523 suits in the Eastern District of Texas, according to data...
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Justice Scalia and the Proper Role of a Judge
With the passing of Justice Antonin Scalia, many Americans have begun to ask: What is...
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Gerald Walpin, David B. Rivkin, John C. Yoo
Note from the Editor: This pair of articles debates the original meaning of Section 1...
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Mike Hurst
Recent court decisions from around the country are raising serious questions as to the potential...