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.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
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.
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.
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.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
2018 Civil Justice Update
Mark A. Behrens, Christopher Appel
Note from the Editor: The Federalist Society takes seriously its responsibility as a non-partisan institution...
Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State
Ronald A. Cass
Note from the Editor: This article argues that, while judicial deference to agency decisions is...
Topics
Liberty Month Revisited: A Duty To Fight For Federalism
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
Courthouse Steps: South Dakota v. Wayfair, Inc. Decided
John S. Baker
The Dormant Commerce Clause of the Constitution prohibits states from imposing excessive burdens on interstate...
Courthouse Steps: South Dakota v. Wayfair, Inc. Decided
Litigation & Federalism and Separation of Powers Practice Groups Teleforum
TeleforumTopics
South Dakota v. Wayfair: Concerns and Consequences for State Taxation and Online Commerce from Oral Argument
When the Supreme Court granted review in South Dakota v. Wayfair, the conventional wisdom was...
Topics
Round Two for Obamacare: Sebelius Redux
Rarely do challengers of landmark legislation get a second bite at the apple in constitutional...
2017 Civil Justice Update
Mark A. Behrens, Sarah Goggans
This paper reviews key civil justice issues and reforms in 2017. Part I focuses on...
Beyond the Red-Blue Divide: An Overview of Current Trends in State Non-Compete Law
J. Gregory Grisham
Introduction Covenants not to compete (“non-competes”)[1] have a long history dating back to the medieval...
2015 Civil Justice Update
Mark A. Behrens, Christopher Appel
This paper recaps key civil justice reforms that occurred in 2015. Part I focuses on...