Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Associate, Winston & Strawn LLP
Spencer draws on his experience as a former trial and appellate clerk to litigate white collar, commercial, administrative law, and constitutional matters at every stage.
Michael J. Woodrum is an Associate at Winston & Strawn LLP.
Partner, Lewis Brisbois
Sarah E. Lang is a partner in the New York office of Lewis Brisbois and a member of the Appellate Practice. Ms. Lang has represented clients at all levels of state and federal courts, including the New York State Appellate Division, the Second Circuit Court of Appeals, and the U.S. Supreme Court. The primary focus of her practice is drafting and arguing substantive motions and appeals before the federal courts and New York’s trial and appellate courts in substantive areas including general liability, New York Labor Law, medical malpractice, premises liability, and rideshare and transportation matters, among others. She also has extensive experience representing clients, including religious institutions, in matters arising under Title VII, the First Amendment, RLUIPA, New York’s City and State Human Rights Laws, New York’s Religious Corporations Law, and New York’s Real Property Tax Law. This includes federal jury trial experience and providing preventive advice and counseling. Prior to joining the firm, Ms. Lang clerked on the United States Court of Appeals for the Eighth Circuit, as well as the United States District Court for the Eastern District of North Carolina. She also previously served as an Attorney Advisor for the United States Department of Education.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
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.
Kellyanne Elizabeth Conway is Founder and President of the polling companyTM, inc./WomanTrend a privately-held, woman-owned corporation founded in 1995. The firm is headquartered in Washington, DC and maintains an office in New York City. Kellyanne is one of the most quoted and noted pollsters on the national scene, having provided commentary on over 1,200 television shows on ABC, CBS, NBC, PBS, CNN, CNBC, MSNBC, HBO, Comedy Central, MTV and the Fox News Channel, and numerous radio shows and print stories.
Throughout her two decades in market research, Kellyanne has provided primary research and advice for clients in 46 of the 50 states and has directed hundreds of demographic and attitudinal survey projects for statewide and congressional political races, trade associations, and Fortune 100 companies. A professionally trained moderator, Kellyanne has personally directed more than 300 focus groups and other qualitative discussions. Clients have included Lifetime Television, The Heritage Foundation, Major League Baseball, The Federalist Society, Coalition of Community Pharmacists Association, the U.S. Office of Personnel Management, Mass Connections, American Express, ABC News, Ladies Home Journal, and the U.S. Department of Labor.
Kellyanne has worked for leaders such as the late Congressman Jack Kemp; former Vice President Dan Quayle; Speaker of the House Newt Gingrich; Senator Fred Thompson and Congressman Mike Pence, the Chairman of the House Republican Conference and the third-highest ranking Republican in the House.
A "fully-recovered" attorney, Kellyanne is admitted to practice law in four jurisdictions (Maryland, New Jersey, Pennsylvania, and the District of Columbia). She has practiced law, clerked for a judge in Washington, DC and for four years, was an adjunct professor at George Washington University Law Center. Kellyanne is a magna cum laude graduate of Trinity College, Washington, D.C., where she earned a B.A. in Political Science, studied at Oxford University, and was elected to Phi Beta Kappa. She holds a law degree, with honors, from George Washington University Law Center.
Pushing Pause on Liquified Natural Gas Exports: Can the Department of Energy Halt LNG Exports to Save the Planet?
Jonathan Brightbill, Spencer Churchill, Michael Woodrum
The Biden-Harris Administration recently interrupted the normal, export-friendly operation of the Natural Gas Act, triggering...
Topics
Does Religious Speech Fly With Southwest Airlines?
“Bags fly free on Southwest. But free speech didn’t fly at all with Southwest in...
Groff v. DeJoy: The Death of the “De Minimis” Test Breathes Life Back into Religious Accommodation
Sarah E. Lang
In a unanimous decision last June, the Supreme Court in Groff v. DeJoy heightened the...
Topics
Flight Attendant Triumphs Over Union and Southwest Airlines in Suit Challenging Illegal Firing; Jury Awards Her $5.1 Million in Damages
Southwest Airlines flight attendant Charlene Carter has prevailed in her federal lawsuit in which she...
Mistaken Heritage: How a Statutory Misreading Has Denied Congress’ Intended Beneficiaries Protection for Half a Century
Dan Morenoff
When the Voting Rights Act (VRA) came up for renewal of its pre-clearance mechanism for...
Topics
Love Terminal (Government Takings) Deserves its Day in Court
Below are remarks by political commentator George Will from the Federalist Society event on Government...
Topics
Love Terminal Partners v. United States: Where Wright Amendment Reform Went Wrong
What was the Wright Amendment? George Will once characterized the Wright Amendment and the situation...
Environmental Regulation and Natural Resource Management
James L. Huffman
Although opinion polling generally indicates that the environment is low on the list of public...
A U.N. Regulated Internet? The Case for Defending Against Persistent Intergovernmental Threats to Internet Freedom
Robert M. McDowell
Note from the Editor: The author has adapted this paper from testimony before the U.S....
Key Findings from Statewide Survey of 500 Likely Voters in Michigan
Kellyanne Conway
TO: Interested PartiesFROM: Kellyanne Conway, President & CEO the polling company™, inc./WomenTrendDATE: October 12, 2010RE: Key Findings from Statewide Survey...