Partner, Cooper & Kirk PLLC
BRIAN W. BARNES has litigated high-stakes cases at all levels of the federal court system and has also argued numerous cases in state trial and appellate courts. He was the principal author of the briefs for the petitioners in Collins v Mnuchin, a multi-billion-dollar administrative law case challenging the nationalization of Fannie Mae and Freddie Mac, which is currently pending in the United States Supreme Court. In related litigation, Mr. Barnes deposed several of the current and former senior executives for Fannie Mae and Freddie Mac, including both companies’ former CEOs. Mr. Barnes also played a central role representing shareholders in disputes over the scope of the government’s discovery obligations in the Fannie Mae/Freddie Mac litigation, successfully persuading the Court of Federal Claims to order the government to show plaintiffs’ counsel most of the documents the government attempted to withhold under the deliberative process and bank examination privileges.
Mr. Barnes also has extensive experience representing plaintiffs in suits filed under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). He briefed and argued St. Luke’s Health Network v. Lancaster General Hospital, 967 F.3d 295 (3d Cir. 2020), in which the Third Circuit reversed dismissal of RICO claims filed as part of a putative class action against a hospital that allegedly defrauded a Pennsylvania program that subsidizes care for indigent patients. Mr. Barnes also helped pioneer the use of RICO to sue state-legalized marijuana businesses: he filed the first such case, successfully argued the case on appeal after it was dismissed, and later helped try the case to a jury on remand. See Safe Streets Alliance v. Hickenlooper, 859 F.3d 865 (10th Cir. 2017).
Mr. Barnes has also worked on a wide range of other matters. He has briefed and argued cases concerning state preemption of local gun regulations in the trial and intermediate appellate courts of Illinois and Pennsylvania. In litigation over the Department of Education’s Title IX regulations, Mr. Barnes represents intervenors who are defending the regulations. And he has an active practice advising institutional investors on the probable outcomes of market-moving litigation in both state and federal courts.
Mr. Barnes clerked for Justice Samuel Alito during the Supreme Court’s 2012 Term and was previously a law clerk to Judge Thomas Griffith of the D.C. Circuit. He is a graduate of Yale Law School, where he was an Articles Editor for the Yale Law Journal and a member of the Yale Supreme Court Clinic. Mr. Barnes received his B.A. from Yale College and is a member of the Colorado and District of Columbia bars.
Partner, Sidley Austin LLP
HARDY CALLCOTT’s practice concentrates on enforcement defense and regulatory counseling concerning securities market and regulatory issues for broker-dealers, investment advisers, mutual funds, and others in the financial services industry. He provides securities enforcement defense before the SEC, Department of Justice, FINRA and other SRO and state regulators for members of financial services industry, public companies and officers and directors. He also conducts internal investigations.
Prior to Sidley, Hardy was senior vice president and general counsel with Charles Schwab & Co. Inc. He also served in the General Counsel’s Office of the SEC as assistant general counsel for Market Regulation (now Trading and Markets), and taught in the Securities LLM program at Georgetown University Law Center. After law school, Hardy clerked for the Hon. Mariana Pfaelzer in the U.S. District Court for the Central District of California.
Former Managing Director, BlackRock Inc.
Joanne Medero was until July 2020 a Managing Director at BlackRock where she was member of their Global Public Policy Group and a Senior Advisor to the Vice Chairman on the intersection of public policy and corporate governance. In June 2021, Ms. Medero was appointed a director/trustee of the Nuveen Funds.
Ms. Medero's service with BlackRock dates back to 1996, including her years with Barclays Global Investors (BGI), which merged with BlackRock in 2009. She joined BGI as its Global General Counsel in 1996 and after more than ten years in that role, became the global head of Government Relations and Public Policy for Barclays’ investment banking and investment management businesses. Prior to joining BGI, Ms. Medero was a partner with Orrick, Herrington and Sutcliffe specializing in derivatives and market regulation issues. Ms. Medero also served as general counsel of the Commodity Futures Trading Commission (1989-1993) and as an associate director for legal and financial affairs at the Office of Presidential Personnel, The White House (1986-1989).
Ms. Medero is a graduate of St. Lawrence University and received her JD from George Washington University.
Partner, Cooper & Kirk PLLC
BRIAN W. BARNES has litigated high-stakes cases at all levels of the federal court system and has also argued numerous cases in state trial and appellate courts. He was the principal author of the briefs for the petitioners in Collins v Mnuchin, a multi-billion-dollar administrative law case challenging the nationalization of Fannie Mae and Freddie Mac, which is currently pending in the United States Supreme Court. In related litigation, Mr. Barnes deposed several of the current and former senior executives for Fannie Mae and Freddie Mac, including both companies’ former CEOs. Mr. Barnes also played a central role representing shareholders in disputes over the scope of the government’s discovery obligations in the Fannie Mae/Freddie Mac litigation, successfully persuading the Court of Federal Claims to order the government to show plaintiffs’ counsel most of the documents the government attempted to withhold under the deliberative process and bank examination privileges.
Mr. Barnes also has extensive experience representing plaintiffs in suits filed under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). He briefed and argued St. Luke’s Health Network v. Lancaster General Hospital, 967 F.3d 295 (3d Cir. 2020), in which the Third Circuit reversed dismissal of RICO claims filed as part of a putative class action against a hospital that allegedly defrauded a Pennsylvania program that subsidizes care for indigent patients. Mr. Barnes also helped pioneer the use of RICO to sue state-legalized marijuana businesses: he filed the first such case, successfully argued the case on appeal after it was dismissed, and later helped try the case to a jury on remand. See Safe Streets Alliance v. Hickenlooper, 859 F.3d 865 (10th Cir. 2017).
Mr. Barnes has also worked on a wide range of other matters. He has briefed and argued cases concerning state preemption of local gun regulations in the trial and intermediate appellate courts of Illinois and Pennsylvania. In litigation over the Department of Education’s Title IX regulations, Mr. Barnes represents intervenors who are defending the regulations. And he has an active practice advising institutional investors on the probable outcomes of market-moving litigation in both state and federal courts.
Mr. Barnes clerked for Justice Samuel Alito during the Supreme Court’s 2012 Term and was previously a law clerk to Judge Thomas Griffith of the D.C. Circuit. He is a graduate of Yale Law School, where he was an Articles Editor for the Yale Law Journal and a member of the Yale Supreme Court Clinic. Mr. Barnes received his B.A. from Yale College and is a member of the Colorado and District of Columbia bars.
Partner, Sidley Austin LLP
HARDY CALLCOTT’s practice concentrates on enforcement defense and regulatory counseling concerning securities market and regulatory issues for broker-dealers, investment advisers, mutual funds, and others in the financial services industry. He provides securities enforcement defense before the SEC, Department of Justice, FINRA and other SRO and state regulators for members of financial services industry, public companies and officers and directors. He also conducts internal investigations.
Prior to Sidley, Hardy was senior vice president and general counsel with Charles Schwab & Co. Inc. He also served in the General Counsel’s Office of the SEC as assistant general counsel for Market Regulation (now Trading and Markets), and taught in the Securities LLM program at Georgetown University Law Center. After law school, Hardy clerked for the Hon. Mariana Pfaelzer in the U.S. District Court for the Central District of California.
Former Managing Director, BlackRock Inc.
Joanne Medero was until July 2020 a Managing Director at BlackRock where she was member of their Global Public Policy Group and a Senior Advisor to the Vice Chairman on the intersection of public policy and corporate governance. In June 2021, Ms. Medero was appointed a director/trustee of the Nuveen Funds.
Ms. Medero's service with BlackRock dates back to 1996, including her years with Barclays Global Investors (BGI), which merged with BlackRock in 2009. She joined BGI as its Global General Counsel in 1996 and after more than ten years in that role, became the global head of Government Relations and Public Policy for Barclays’ investment banking and investment management businesses. Prior to joining BGI, Ms. Medero was a partner with Orrick, Herrington and Sutcliffe specializing in derivatives and market regulation issues. Ms. Medero also served as general counsel of the Commodity Futures Trading Commission (1989-1993) and as an associate director for legal and financial affairs at the Office of Presidential Personnel, The White House (1986-1989).
Ms. Medero is a graduate of St. Lawrence University and received her JD from George Washington University.
Leitner Family Professor, Fordham University School of Law
Professor Flaherty is Leitner Family Professor of International Human Rights Law and Founding Co-Director of the Leitner Center for International Law and Justice. He is also a longtime Visiting Professor at the Princeton School of Public and International Affairs, where he was Fellow in the Program in Law and Public Affairs and also currently teaches at Columbia Law School and Barnard College.
Professor Flaherty earlier served as a law clerk for Justice Byron R. White of the U.S. Supreme Court and Chief Judge John Gibbons of the U.S. Court of Appeals for the Third Circuit. For more on his background see https://plaw.law.princeton.edu/people/martin-flaherty
Harlan Fiske Stone Professor of Constitutional Law, Columbia Law School
A leading administrative and constitutional law scholar, Gillian Metzger ’96 writes and teaches in the areas of administrative law, constitutional law, and federal courts, with an emphasis on federalism and privatization. In 2023-2024, she served as Acting Assistant Attorney General and Deputy Assistant Attorney General in the Office of Legal Counsel in the Department of Justice.
Metzger's recent work covers topics ranging from constitutional attacks on the administrative state to appropriations, administrative law under the Roberts Court, and the role of administrative agencies in a polarized world. In 2015, Metzger won the American Bar Association Administrative Law Section Annual Scholarship Award for “The Constitutional Duty to Supervise,” which examined presidential control and oversight of the modern administrative state. She is a co-editor of Gellhorn & Byse’s Administrative Law: Cases and Comments, 13th ed. (Foundation Press, 2023), a seminal administrative law casebook.
Professor Metzger was recently elected to the American Academy of Arts & Sciences and is a Senior Fellow of the Administrative Conference of the United States. In 2020, she was awarded Columbia University's Faculty Mentorship Award and in 2014, the Law School’s graduating class awarded Metzger the Willis L.M. Reese Prize for Excellence in Teaching, recognizing, among many other accomplishments, her commitment to mentoring new generations of law students.
In 2012, Metzger helped launch Columbia Law School’s Center for Constitutional Governance (CCG)—where she now serves as faculty director—a nonpartisan legal and policy organization devoted to the study of constitutional structure and authority. CCG brings together a diverse group of constitutional scholars to explore policy areas such as health care, civil rights, immigration, financial regulation, and national security.
Metzger also has co-authored and filed numerous amicus briefs in major constitutional and administrative law challenges before the Supreme Court and other courts. Most recently, Metzger filed a brief in Seila Law Center v. CFPB, a separation of powers challenge, and in Kisor v. Wilkie, a case involving judicial deference to agencies. She has also filed briefs in cases involving reproductive rights and the Affordable Care Act, among others.
Previously, Metzger served as vice dean of intellectual life at Columbia Law School. Before joining the Law School, she worked as an attorney with the Brennan Center for Justice. Metzger also clerked for U.S. Supreme Court Justice Ruth Bader Ginsburg ’59 and Judge Patricia M. Wald of the U.S. Circuit Court of Appeals for the District of Columbia. In 2018, Metzger moderated a panel discussion with Justice Ginsburg on impact litigation at Columbia Law School.
C. Ben Dutton Professor of Law, Indiana University Maurer School of Law
Professor Nagy joined the law school faculty in 2006 as the C. Ben Dutton Professor of Business Law. She began her teaching career in 1994 at the University of Cincinnati College of Law, where she served as Interim Dean from 2004-05 and as Associate Dean for Faculty Development from 2002-04. In Spring 2001, she was a Visiting Professor of Law at the University of Illinois College of Law, and was a Visiting Scholar at the University of Canterbury School of Law in Christchurch, New Zealand in Spring 2002.
Professor Nagy teaches and writes in the areas of securities litigation, securities regulation, and corporations. Her scholarship includes articles in the Cornell Law Review, the Notre Dame Law Review, and the Ohio State Law Journal as well as two co-authored books, one on the law of insider trading and a casebook on Securities Litigation and Enforcement. She is a frequent speaker on securities regulation and litigation topics at law schools and professional conferences. She also served as Chair of the AALS Section on Securities Regulation in 2004-05; as Chair of the AALS Standing Committee on Sections and the Annual Meeting in 2007-08; and as a Vice President and Member of the Board of Trustees of the SEC Historical Society from 2008-11.
Prior to teaching, Professor Nagy was an associate with Debevoise & Plimpton in Washington, D.C., specializing in securities enforcement and litigation. She was named interim executive associate dean for academic affairs in August 2013 and executive associate dean in January 2014.
Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz Colleg, The Ohio State University
Professor Shane came to Ohio State in 2003 from Carnegie Mellon University's H. John Heinz III School of Public Policy and Management. He is an internationally recognized scholar in administrative law, with a specialty in separation of powers law, and has co-authored leading casebooks on each subject. He has served on the faculty at the University of Iowa College of Law and was dean at the University of Pittsburgh School of Law.
In addition to his outstanding law teaching and scholarship, Professor Shane has received a National Science Foundation grant for interdisciplinary study related to cyberspace and democracy. At Ohio State, he provides strong leadership in interdisciplinary scholarship and teaching.
Senior Counsel, YetterColeman LLP
Chris’s practice focuses on complex appeals. He has represented major corporations in a variety of industries—including energy, insurance, and financial services—as well as governmental entities and private parties in litigation against governmental entities in federal and state courts throughout the country and in the U.S. Supreme Court. He has briefed numerous successful appeals and orally argued in federal and state appellate courts. Chris is admitted to practice in Texas, the United States Supreme Court, the United States Courts of Appeals for the Second, Fifth, Ninth, and District of Columbia Circuits, and the United States District Courts of Texas. Chris was a law clerk for the Honorable Will Garwood of the U.S. Court of Appeals for the Fifth Circuit. Before attending law school, he worked as a Latin teacher, for the Republican Party of Texas, and for Texas State Senator Jane Nelson.
Professor of Law, Villanova University Charles Widger School of Law
Tuan Samahon teaches and writes in the areas of federal courts and constitutional law. His articles have been published in the Stanford Law Review, Ohio State Law Journal, Hastings Law Journal, William & Mary Bill of Rights Journal, University of Chicago Legal Forum, Denver Law Review, and Villanova Law Review, among others.
Beyond his scholarship, Tuan is engaged in interpreting and fashioning federal constitutional law. He has testified before the U.S. Senate Judiciary Committee, Subcommittee on the Constitution, and has served as counsel in separation-of-powers and Freedom of Information Act litigation in federal trial and appellate courts. Recently, Tuan prevailed against the CIA in a civil action for the release of the draft fifth volume of its secret history of the 1961 Bay of Pigs operation. In addition to representing others, for a book he is researching, Tuan successfully sued the FBI for the release of agency records detailing high-ranking executive and judicial officers' abuses of power.
Tuan received his B.A. from Brigham Young University and his J.D. from Georgetown University Law Center, where he was an Olin Law and Economics Research Fellow and was co-awarded the Olin Prize in Law and Economics. Prior to entering teaching, he clerked for U.S. District Judge Raymond A. Jackson on the Eastern District of Virginia and for U.S. Circuit Judge Jay S. Bybee on the Ninth Circuit. He also practiced in the Washington, D.C. office of Covington & Burling. Professor Samahon was named "Professor of the Year" by his students at the University of Nevada, Las Vegas. He teaches civil procedure, federal courts, and constitutional law subjects.
During spring 2017, Tuan served as a Fulbright scholar with the law faculty at the University of Zagreb, Croatia.
Partner, Cooper & Kirk PLLC
BRIAN W. BARNES has litigated high-stakes cases at all levels of the federal court system and has also argued numerous cases in state trial and appellate courts. He was the principal author of the briefs for the petitioners in Collins v Mnuchin, a multi-billion-dollar administrative law case challenging the nationalization of Fannie Mae and Freddie Mac, which is currently pending in the United States Supreme Court. In related litigation, Mr. Barnes deposed several of the current and former senior executives for Fannie Mae and Freddie Mac, including both companies’ former CEOs. Mr. Barnes also played a central role representing shareholders in disputes over the scope of the government’s discovery obligations in the Fannie Mae/Freddie Mac litigation, successfully persuading the Court of Federal Claims to order the government to show plaintiffs’ counsel most of the documents the government attempted to withhold under the deliberative process and bank examination privileges.
Mr. Barnes also has extensive experience representing plaintiffs in suits filed under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). He briefed and argued St. Luke’s Health Network v. Lancaster General Hospital, 967 F.3d 295 (3d Cir. 2020), in which the Third Circuit reversed dismissal of RICO claims filed as part of a putative class action against a hospital that allegedly defrauded a Pennsylvania program that subsidizes care for indigent patients. Mr. Barnes also helped pioneer the use of RICO to sue state-legalized marijuana businesses: he filed the first such case, successfully argued the case on appeal after it was dismissed, and later helped try the case to a jury on remand. See Safe Streets Alliance v. Hickenlooper, 859 F.3d 865 (10th Cir. 2017).
Mr. Barnes has also worked on a wide range of other matters. He has briefed and argued cases concerning state preemption of local gun regulations in the trial and intermediate appellate courts of Illinois and Pennsylvania. In litigation over the Department of Education’s Title IX regulations, Mr. Barnes represents intervenors who are defending the regulations. And he has an active practice advising institutional investors on the probable outcomes of market-moving litigation in both state and federal courts.
Mr. Barnes clerked for Justice Samuel Alito during the Supreme Court’s 2012 Term and was previously a law clerk to Judge Thomas Griffith of the D.C. Circuit. He is a graduate of Yale Law School, where he was an Articles Editor for the Yale Law Journal and a member of the Yale Supreme Court Clinic. Mr. Barnes received his B.A. from Yale College and is a member of the Colorado and District of Columbia bars.
Partner, Sidley Austin LLP
HARDY CALLCOTT’s practice concentrates on enforcement defense and regulatory counseling concerning securities market and regulatory issues for broker-dealers, investment advisers, mutual funds, and others in the financial services industry. He provides securities enforcement defense before the SEC, Department of Justice, FINRA and other SRO and state regulators for members of financial services industry, public companies and officers and directors. He also conducts internal investigations.
Prior to Sidley, Hardy was senior vice president and general counsel with Charles Schwab & Co. Inc. He also served in the General Counsel’s Office of the SEC as assistant general counsel for Market Regulation (now Trading and Markets), and taught in the Securities LLM program at Georgetown University Law Center. After law school, Hardy clerked for the Hon. Mariana Pfaelzer in the U.S. District Court for the Central District of California.
Former Managing Director, BlackRock Inc.
Joanne Medero was until July 2020 a Managing Director at BlackRock where she was member of their Global Public Policy Group and a Senior Advisor to the Vice Chairman on the intersection of public policy and corporate governance. In June 2021, Ms. Medero was appointed a director/trustee of the Nuveen Funds.
Ms. Medero's service with BlackRock dates back to 1996, including her years with Barclays Global Investors (BGI), which merged with BlackRock in 2009. She joined BGI as its Global General Counsel in 1996 and after more than ten years in that role, became the global head of Government Relations and Public Policy for Barclays’ investment banking and investment management businesses. Prior to joining BGI, Ms. Medero was a partner with Orrick, Herrington and Sutcliffe specializing in derivatives and market regulation issues. Ms. Medero also served as general counsel of the Commodity Futures Trading Commission (1989-1993) and as an associate director for legal and financial affairs at the Office of Presidential Personnel, The White House (1986-1989).
Ms. Medero is a graduate of St. Lawrence University and received her JD from George Washington University.
The Future of Securities Self-Regulation After Alpine
Brian W. Barnes, W. Hardy Callcott, Joanne Medero
Alpine Securities Corp. v. Financial Industry Regulatory Authority (“Alpine’) raises a challenge to the constitutionality...
The Future of Securities Self-Regulation After Alpine
Brian W. Barnes, W. Hardy Callcott, Joanne Medero
Alpine Securities Corp. v. Financial Industry Regulatory Authority (“Alpine’) raises a challenge to the constitutionality...
The Future of Securities Self-Regulation After Alpine
PCAOB Debate
Martin Flaherty, Gillian E. Metzger, Donna M. Nagy, Peter M. Shane, Christian J. Ward, Tuan Samahon
This debate will focus on the following questions: Is the Sarbanes-Oxley Act consistent with the...