Kathleen Q. Abernathy recently returned to Wilkinson Barker Knauer LLP as special counsel. She was previously elected to the Board of Directors of Frontier Communications as an independent director in 2006 following her term as a Commissioner at the Federal Communications Commission from 2001 to 2005. In 2010 she joined the company as Chief Legal Officer and Executive Vice President, Regulatory and Governmental Affairs. Prior to her term as an FCC Commissioner, Ms. Abernathy worked for a number of different telecommunications companies and law firms. She has received numerous awards in recognition of her professional accomplishments and has taught as an adjunct professor at Georgetown University Law Center and Catholic University’s Columbus School of Law. She received her B.S. from Marquette University and her J.D. from Catholic University’s Columbus School of Law.
Frances and George Skestos Professor of Law, University of Michigan Law School
Adam C. Pritchard, the Frances and George Skestos Professor of Law, teaches corporate and securities law. He is the author, with Stephen J. Choi, of Securities Regulation: Cases and Analysis, currently in its fifth edition. His research focuses on securities class actions, Securities and Exchange Commission (SEC) enforcement, and the history of securities law in the U.S. Supreme Court. His articles have appeared in the Journal of Law and Economics, American Law and Economics Review, the Journal of Empirical Legal Studies, the Journal of Finance, the Journal of Law, Economics, and Organizations, and various law reviews. Professor Pritchard holds BA and JD degrees from the University of Virginia, as well as an MPP from the Harris School of Public Policy at the University of Chicago. While at Virginia, he was an Olin Fellow in Law and Economics and served as articles development editor of the Virginia Law Review. After graduation, he clerked for the Hon. J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit and served as a Bristow Fellow in the Office of the Solicitor General at the U.S. Department of Justice. After working in private practice, Professor Pritchard served as senior counsel in the Office of the General Counsel of the SEC, where he wrote appellate briefs and studied the effect of recent reforms in the areas of securities fraud litigation. He received the SEC's Law and Policy Award for his work in United States v. O'Hagan, in which the U.S. Supreme Court upheld the misappropriation theory of insider trading. Professor Pritchard has been a visiting professor at the Northwestern University School of Law, the Georgetown University Law Center, and the University of Iowa School of Law. He also has been a visiting scholar at the SEC and a visiting fellow in capital market studies at the Cato Institute. He was previously a member of the FINRA National Adjudicatory Council and the Nasdaq Listing Qualifications Panel.
Laura Carlisle is an associate in the New Orleans office of Baker Donelson, and a member of the Advocacy Department. She assists in a wide variety of business litigation matters for clients.
Jennifer McNamara, of counsel in the New Orleans office of Baker Donelson, has litigated in state and federal courts for fifteen years and concentrates her practice in the areas of commercial litigation, employment, and intellectual property. Her commercial litigation experience includes representing corporate and individual clients in a variety of business disputes, including class actions, contract disputes, defamation claims, franchise disputes, and unfair trade practices. Ms. McNamara has also represented national insurance companies in class actions and the defense of first-party claims.
Ms. McNamara's employment law experience includes defending employers against claims brought under state discrimination statutes, the Family Medical Leave Act, Title VII, and the Age Discrimination in Employment Act before the EEOC, in mediation, and in state and federal courts. She also counsels employers regarding personnel policies and covenants not to compete.
With respect to her intellectual property practice, Ms. McNamara counsels clients on copyright, trademark, and defamation issues arising from Internet publications and Web sites. She is experienced in handling trademark litigation, including litigation arising from the transfer and use of domain names. Ms. McNamara has also counseled and represented media clients in areas such as access to public records and protection of the reporter's privilege in civil and criminal court.
Founding Partner, Cooper & Kirk PLLC
Charles J. Cooper is a founding member and the chairman of Cooper & Kirk, PLLC, “one of the Nation’s leading litigation boutiques” (Above The Law 2017). The National Law Journal recently wrote that Mr. Cooper’s “brilliant legal career has so far spanned five decades and thrust Cooper into the spotlight in some of the most historic moments of the country’s modern history.” He has argued nine cases before the United States Supreme Court and scores of appeals before each of the 13 federal courts of appeals and several state supreme courts. He has been lead trial counsel in numerous complex, weeks-long trials in federal courts throughout the country. Named by the National Law Journal as one of the 10 best litigators in Washington D.C., Mr. Cooper’s work has been reported in numerous press accounts, and he has been called a “powerhouse attorney” (Fortune 2015), “a hard-nosed litigator” (Washington Post 2017), and “one of the country’s most in-demand civil litigators and a Washington legal institution unto himself” (The American Spectator 2014).
After graduating from the University of Alabama School of Law in 1977, where he ranked first in his class and served as Editor-in-Chief of the Alabama Law Review, Mr. Cooper began his career as a law clerk to Judge Paul Roney on the Fifth Circuit Court of Appeals and to Justice William H. Rehnquist in 1978–79. He then practiced law in Atlanta for two years before joining the Civil Rights Division of the U.S. Department of Justice, where he served as the Deputy Assistant Attorney General in charge of, among other things, appellate matters. In 1985 President Reagan appointed him to the position of Assistant Attorney General for the Office of Legal Counsel, which is the office responsible for providing legal opinions and advice to the White House, the Attorney General, and Executive Branch departments and agencies on issues covering the full spectrum of federal constitutional, statutory, and regulatory law.
In 1988 he returned to private practice as a litigation partner in the Washington, D.C. office of McGuireWoods. From 1990 until the founding of Cooper & Kirk in 1996, he was a partner at Shaw Pittman (now Pillsbury Winthrop Shaw Pittman), where he headed the firm’s Constitutional and Government Litigation Group.
Mr. Cooper has represented a wide range of public and private clients in highly complex constitutional, civil rights, antitrust, healthcare, banking, intellectual property, elections, campaign finance, administrative, commercial, and government contract cases. He has led trial teams in cases that have won judgments and settlements valued in the billions of dollars and that have established ground-breaking constitutional precedents.
Much of Mr. Cooper’s practice has involved representing high-profile clients in nationally prominent matters, including: the State of Florida in a First Amendment suit brought by the Disney Company concerning its autonomous regulatory authority over its Disney World property; the Commonwealth of Virginia in a suit seeking to enjoin the removal of noncitizens from its voter rolls; 38 members of the Duke Lacrosse team falsely accused of rape by officials of Duke University and the City of Durham; Harper Lee in a copyright dispute with the heirs of Gregory Peck; high-ranking former government officials such as former Attorneys General John Ashcroft, Jeff Sessions, and William Barr, and Ambassador John Bolton; several Governors and United States Senators; over 100 Members of Congress; and many state, territorial, and local government bodies and officials. He has also represented and advised government officials and public figures in connection with sensitive private issues that needed to be, and were, resolved discreetly without becoming matters of public record.
In 1998 Chief Justice Rehnquist appointed Mr. Cooper to the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, where he served for three terms. He also served as a Public Member, appointed by President George H.W. Bush, of the National Commission on Judicial Discipline and Removal. He is a member of numerous professional associations, including the American Law Institute (since 1993) and the American Academy of Appellate Lawyers (since 1996). He is also an active member of the Federalist Society and the Republican National Lawyers Association, which in 2010 named him Republican Lawyer of the Year and in 2016 honored him with its Edwin Meese III Award.
Mr. Cooper has published scores of articles and spoken extensively on constitutional and legal policy topics. He has appeared before congressional committees on 26 occasions, testifying as an expert on a wide variety of legal issues, including the Chevron doctrine of judicial deference to administrative agencies, the diversity of citizenship jurisdiction of federal courts, statehood bills for Puerto Rico and the District of Columbia, and the impeachment of President Clinton.
Partner, Morrison Foerster, LLP
Deanne E. Maynard, chair of the Appellate and Supreme Court Practice Group, is a partner in the Washington, D.C. office, and a former Assistant to the Solicitor General at the United States Department of Justice.
Ms. Maynard has argued 12 cases before the Supreme Court of the United States, and she has filed over 100 briefs in that Court. Notably, she has worked on some of the most important business cases over the last several Terms. Just last Term, she argued and prevailed in Ransom v. FIA Card Services, a case involving the interpretation of the federal bankruptcy statute. Ms. Maynard also has substantial knowledge and understanding of cutting-edge antitrust and intellectual property issues. Her arguments include the patent case MedImmune, Inc. v. Genentech, Inc. and the antitrust case Pacific Bell Telephone Company v. linkLine Communications, Inc. She was also a principal author of the briefs for the United States in Bell Atlantic Corp. v. Twombly and Quanta Computer, Inc. v. LG Electronics, Inc., and briefs at the certiorari stage in Bilski v. Doll and American Needle, Inc. v. National Football League.
In addition to her substantial Supreme Court experience, Ms. Maynard has argued and briefed significant cases in the federal courts of appeals. Her appellate experience mirrors the wide-ranging litigation breadth of the firm, running the gamut from patent appeals in the Federal Circuit to appeals in the other federal courts of appeals on antitrust, securities law, and other intellectual property issues.
Ms. Maynard served in the Solicitor General’s office from 2004-2009. Before joining the Solicitor General’s office, Ms. Maynard was a partner at Jenner & Block in Washington, D.C. Her practice at Jenner involved a wide variety of complex litigation matters at all levels of the federal judiciary, ranging from a multi-billion dollar government contracts case to media and First Amendment litigation.
After law school, Ms. Maynard clerked twice on the Supreme Court of the United States. During the October 1994 Term, she clerked for Justice Stephen Breyer in his first year on the Court. During the 1993 Term, she clerked for retired Supreme Court Justice Lewis Powell and affiliated with Justice John Paul Stevens. From 1991-1993, Ms. Maynard clerked for Judge Stanley Harris of the U.S. District Court for the District of Columbia.
Ms. Maynard graduated magna cum laude in 1991 from Harvard Law School, where she was an editor of the Harvard Law Review. She earned a B.A., with distinction, in English from the University of Virginia, where she was also Phi Beta Kappa and Omicron Delta Kappa.
Ms. Maynard is the President-elect of the Coke Appellate Inn of Court. She serves as Chair of the Jefferson Trust, an initiative of the University of Virginia Alumni Association.
Ms. Maynard is listed as a Leading Individual in Best Lawyers in America 2011 and 2012, Appellate Law in Chambers USA 2011, and Legal 500 US 2011.
Partner, Morrison Foerster, LLP
Jordan Eth is Co-Chair of the firm's Securities Litigation, Enforcement, and White-Collar Defense Group. He is a nationally recognized litigator, representing public companies and their officers and directors in securities class actions, SEC investigations, derivative suits, mergers and acquisitions litigation, and internal investigations. In 2008, Mr. Eth received a California Lawyer Attorney of the Year Award for co-leading the successful defense of JDS Uniphase Corp. and its former executives in a securities class action jury trial seeking $20 billion in damages.
Mr. Eth has 25 years of experience handling complex and high-stakes litigation. He has represented dozens of companies and individuals in a broad range of industries, including financial services, computer software and hardware, life sciences, and consumer products. Mr. Eth is a Lecturer at Stanford Law School, currently teaching “Modern Securities Fraud Litigation: Public and Private Enforcement.”
Mr. Eth is a frequent speaker across the country on securities litigation topics and actively participates in programs put on by The SEC Institute, the Practising Law Institute, and the Stanford Directors' College. He has also authored many articles on securities litigation. List of Mr. Eth's speaking engagements.
Mr. Eth is recommended by Chambers USA: America’s Leading Lawyers for Business, Legal 500 US, The Best Lawyers in America, Benchmark Litigation and PLC Which Lawyer? In 2010, he was selected by his peers as one of Law 360's 10 Most Admired Securities Attorneys.
He served as a law clerk to the Honorable Chief Judge Robert F. Peckham, United States District Court for the Northern District of California, from August 1985 through August 1986. From 1980 through 1982, Mr. Eth worked as an economist in Washington, D.C., first for the United States Department of Energy and then for the Budget Committee of the United States House of Representatives.
Mr. Eth received his J.D. from Stanford Law School, was elected to the Order of the Coif, and served as Co-President of the Moot Court Board. He received his B.A. in Economics from Swarthmore College, with highest honors and Phi Beta Kappa.
Partner, Cooley
Rob McDowell advises telecommunications, media and technology clients on their most significant regulatory, legal and business matters. As a former commissioner of the Federal Communications Commission (FCC) and a highly regarded industry leader, Rob has been at the forefront of the most complex and groundbreaking issues facing telecommunications.
Mr. McDowell was first appointed to the FCC by President George W. Bush in 2006 and again by President Obama in 2009. He was unanimously confirmed both times by the US Senate. During his tenure, Mr. McDowell led efforts to expand consumer access to spectrum through his work on the two largest wireless auctions in US history at the time, played a key role in the 2009 digital television transition and led efforts to establish the first federal civil rights rule in a generation by creating a ban on racially discriminatory practices in broadcast advertising. He also worked extensively on several large and complex mergers, including Sirius/XM and Comcast/NBC-Universal.
He is an advocate for internet freedom, serving on the US delegation to the 2012 World Conference on International Telecommunications and exposing an international bid to regulate vital aspects of the Internet through multilateral treaty-based organizations. Mr. McDowell authored an op-ed in the Wall Street Journal opposing multilateral internet regulation that led to a resolution passed unanimously in the House and Senate, as well as the ultimate defeat of the international bid at a treaty negation in Dubai later that year.
Prior to the FCC, Mr. McDowell was senior vice president for CompTel, the Competitive Telecommunications Association, where he led advocacy efforts before several government agencies, the White House and Congress.
Mr. McDowell is often called upon for speaking engagements and frequently appears on TV and radio. He has written opinion pieces for many high-profile publications, including the Wall Street Journal and Washington Post.
Professor of Law, Hofstra University School of Law
Professor Colombo joined the Hofstra University School of Law faculty in the Fall of 2006. He teaches courses in corporate, securities, and contract law. His research and scholarship focuses primarily on corporate and securities law and, more specifically, the application of non-economic principles and norms to these fields.
Before coming to Hofstra, Professor Colombo served in the Complex Global Litigation Group of Morgan Stanley & Co., Inc., as vice president and counsel. In this position, Professor Colombo supervised investigations, litigations, and regulatory inquiries affecting Morgan Stanley's investment banking franchise. Prior to that, Professor Colombo practiced as a litigation associate at the New York office of Sullivan & Cromwell, where, among other things, he represented corporate and banking clients in civil and criminal investigations conducted by the S.E.C., the U.S. Attorney's Office, and the Federal Reserve Bank; in matters before state courts, federal courts, and arbitration panels; and in appeals before the Third Circuit, the D.C. Circuit, and the U.S. Supreme Court. From 2000-2003, Professor Colombo also served on the Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York.
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Kathleen Q. Abernathy
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An Attack on Separation of Powers and Federal Judicial Power? An Analysis of the Constitutionality of Section 18 of the America Invents Act
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