Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Shareholder, Ogletree Deakins
Brian Hayes is a Shareholder in the Washington, DC office of Ogletree Deakins and serves as Co-Chair of the law firm’s Traditional Labor Practice Group. Immediately prior to his joining the firm he was a Member of the National Labor Relations Board. He was confirmed to that post by the United States Senate in 2010 and his term ended in December of 2012. He is currently a Member of the U.S. Chamber of Commerce Litigation Advisory Committee and was recently named Chairman of the U.S. Chamber’s Subcommittee on the National Labor Relations Act. He also serves as editor in chief for The Practical NLRB Advisor.
Prior to his nomination and confirmation to the NLRB, Brian Hayes served as the Republican Labor Policy Director for the United States Senate Committee on Health, Education, Labor and Pensions. He came to Capitol Hill in 2005 after nearly thirty years in private legal practice devoted exclusively to representing management clients in labor and employment matters. While in private practice he represented clients in scores of cases before NLRB, state and federal courts, and a host of other federal agencies such as the EEOC, OFCCP, OSHA, the Department of Labor and their state counterparts. He also has had extensive private practice experience representing employers in collective-bargaining negotiations, arbitrations and other forms of dispute resolution. In addition to his private practice, he served as Counsel to the Employers’ Association of the Northeast, editor-in-chief and contributor to The Health Care Labor Manual, and also served on the adjunct faculty of Western New England Law School teaching courses in labor law, and collective-bargaining, arbitration and employment litigation. Before entering private practice he began his legal career at the NLRB working as a law clerk to the Chief Administrative Law Judge while in law school and subsequently as counsel to the then-Board Chairman. He is a graduate of Boston College and of Georgetown University Law School.
Principal, JacksonLewis
Marvin Kaplan is a principal in the New York City, New York, office of Jackson Lewis P.C.
Marvin, a former Chairman of the National Labor Relations Board (NLRB), advises clients on labor and employment issues, focusing on union organizing and labor-management relations. Over his eight years on the NLRB, Marvin participated in over 900 decisions, including decisions addressing the lawfulness of captive audience speeches and work rules, and the standards for determining the composition of a bargaining unit and whether an individual is an independent contractor, and several rulemakings, defining a joint-employer and laying out procedures governing representation elections.
Prior to his time on the NLRB, he served as Chief Counsel at the Occupational Safety and Health Review Commission and a Special Assistant at U.S. Department of Labor. His cross-disciplinary experience makes Marvin particularly well-suited to advise clients on strategic business planning.
His experience at all levels of government in different agencies and branches, including the U.S. House of Representatives, provides a unique perspective on Congressional oversight, legislation, regulations and federal investigations—enabling him to help clients navigate complex compliance challenges and anticipate regulatory developments that could impact their organizations.
He is a graduate of Cornell University and Washington University in St. Louis Law School.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Executive Director, Committee for Justice
Ashley Baker is Executive Director of the Committee for Justice and founder of the Alliance on Antitrust coalition. Her work focuses on antitrust law, technology regulation, administrative-agency authority, the Supreme Court, and judicial nominations. She closely follows the Federal Trade Commission and the Department of Justice’s Antitrust Division, with particular attention to merger review, agency procedure, and the effects of regulation on American innovation and competitiveness. She is also founder of the Alliance on Antitrust Coalition.
Ashley has testified before the United States Senate on antitrust law. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and other national publications. She also provides policy analysis through congressional testimony and correspondence, regulatory comments, and public commentary.
Ashley serves on the Federalist Society’s Regulatory Transparency Project and Antitrust and Consumer Protection Practice Group Executive Committee. She is also active in the Republican National Lawyers Association and has spoken on the Supreme Court and the federal judiciary. An authority on the judicial-confirmation process, she worked closely on the successful confirmation efforts for Justices Neil Gorsuch and Brett Kavanaugh, as well as multiple federal appellate judges.
Associate Attorney, Gibson Dunn
Logan Billman is an associate in the Washington, D.C. office of Gibson Dunn and a member of the firm’s Litigation Department. His practice focuses on antitrust and competition law, including merger investigations and conduct matters before the Federal Trade Commission, the U.S. Department of Justice Antitrust Division, and state attorneys general. Logan represents clients in complex private and government antitrust litigation and has significant experience in FTC merger challenges, including litigating and counseling clients through all phases of agency enforcement proceedings. His practice spans strategic counseling, investigative compliance, and trial advocacy in high-stakes competition matters. Logan received his J.D. from Georgetown University Law Center, magna cum laude and Order of the Coif, where he served as Managing Editor of the Georgetown Journal of Law & Public Policy. During law school, he interned with the U.S. Department of Justice Antitrust Division and the Federal Trade Commission. He earned a B.A. in Economics from American University.
Senior Advisor for Competition and International Affairs, Office of Chairman Andrew N. Ferguson, FTC
Partner and Co-Founder, Simonsen Sussman LLP
Shaoul is a Partner and Co-Founder of Simonsen Sussman LLP and a seasoned antitrust practitioner with extensive experience in private and government practice.
Most recently, Shaoul served as the Associate Director for Litigation in the Bureau of Competition at the Federal Trade Commission. During his tenure, he oversaw the Bureau’s expansive litigation portfolio, focusing on strategic case development and successful outcomes. During his time in the Bureau’s Front Office, Shaoul worked on several high-profile and complex cases including the Kroger-Albertsons merger challenge, which addressed consolidation in the retail grocery sector, and the FTC’s lawsuit to unwind Illumina's acquisition of Grail in the Fifth Circuit, the first successful challenge to a vertical merger in 40 years. Additionally, Shaoul played an instrumental role in the FTC’s landmark monopolization case against Meta.
Apart from his litigation work at FTC, Shaoul played a pivotal role in shaping the FTC and DOJ 2023 Merger Guidelines, which introduced new measures aimed at addressing market consolidation and modernizing merger enforcement standards to reflect contemporary market realities and economics. Shaoul led the efforts to reform the premerger notification process under the Hart-Scott-Rodino (HSR) Act. These reforms, which came into effect in 2025, included significant updates to streamline filing procedures, improve transparency, and strengthen regulatory oversight to ensure compliance with evolving antitrust laws. Shaoul also led the drafting of several amicus briefs filed by the U.S. government in landmark antitrust cases, including the FTC’s amicus brief during the remedy phase of the Epic v. Google case, which was cited favorably by the court.
Shaoul previously served as Attorney Advisor to former FTC Chair Lina Khan. Prior to his roles at the FTC, Shaoul was in private practice and served as a legal fellow at the Institute for Local Self-Reliance. Shaoul holds a J.D. from Fordham University and a B.A. from Bard College Berlin.
Shaoul serves on the board of the American Economic Liberties Project and as a Senior Advisor at Columbia Law School, where he focuses on academic antitrust research, exploring innovative approaches to competition policy, and modern market dynamics.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
David C. Tryon is the director of litigation at The Buckeye Institute. In this role, he supervises all litigation and outside litigation counsel and actively participates in Buckeye’s cases in both state and federal court.
Immediately prior to joining Buckeye, Tryon served as deputy solicitor general in the West Virginia Attorney General’s office, where he handled both trials and appellate matters, including preparing amicus curiae briefs. Many of the matters either challenged federal laws and regulations that infringed on state’s rights or defended the validity of West Virginia laws against constitutional challenges.
Tryon served as the deputy assistant secretary for policy and development in the Office for Civil Rights in the U.S. Department of Education from 2019-2020. While there, he assisted with developing and implementing new policies and guidance and was responsible for the Civil Rights Data Collection, which covers all primary and secondary schools receiving federal funds.
Nominated as the chief counsel for advocacy at the U.S. Small Business Administration, Tryon was favorably voted out of the Senate Committee on Small Business and Entrepreneurship. In connection with his nomination, he had numerous meetings with small business organizations to learn the concerns and needs of small businesses.
Tryon has had more than 30 years of commercial litigation experience in state and federal courts, including trials and appeals. Several of these cases involved the U.S. Constitution or the Ohio Constitution. In Arnold v. City of Cleveland, he was successful in having the Ohio Supreme Court declare the right to bear arms a fundamental right under the Ohio Constitution.
Tryon has dedicated much of his time to civic affairs. He served on the local school board for four years, two of those as school board president. During his nine years on the Executive Board for the Greater Cleveland Council of the Boy Scouts of America, he organized two major parades, created a personnel committee for leadership training of professional staff, and was involved in restructuring the Council. From 2015 to 2020, he served on the Ohio Advisory Committee to the United States Commission on Civil Rights. He was part of a select group to participate in Leadership Cleveland, Class of 2016. He also led the Cleveland Lawyers Chapter of the Federalist Society for nearly 20 years.
Tryon received a Bachelor of Science Degree (magna cum laude) from Brigham Young University and his Juris Doctorate (cum laude) from the University of Michigan.
Senior Legal Fellow, Courts and the Constitution, Legal Policy Center, The Heritage Foundation
Zack is a Senior Legal Fellow of Courts and the Constitution at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Law Clerk, United States District Court for the Northern District of Texas
Executive Director, Committee for Justice
Ashley Baker is Executive Director of the Committee for Justice and founder of the Alliance on Antitrust coalition. Her work focuses on antitrust law, technology regulation, administrative-agency authority, the Supreme Court, and judicial nominations. She closely follows the Federal Trade Commission and the Department of Justice’s Antitrust Division, with particular attention to merger review, agency procedure, and the effects of regulation on American innovation and competitiveness. She is also founder of the Alliance on Antitrust Coalition.
Ashley has testified before the United States Senate on antitrust law. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and other national publications. She also provides policy analysis through congressional testimony and correspondence, regulatory comments, and public commentary.
Ashley serves on the Federalist Society’s Regulatory Transparency Project and Antitrust and Consumer Protection Practice Group Executive Committee. She is also active in the Republican National Lawyers Association and has spoken on the Supreme Court and the federal judiciary. An authority on the judicial-confirmation process, she worked closely on the successful confirmation efforts for Justices Neil Gorsuch and Brett Kavanaugh, as well as multiple federal appellate judges.
Associate Attorney, Gibson Dunn
Logan Billman is an associate in the Washington, D.C. office of Gibson Dunn and a member of the firm’s Litigation Department. His practice focuses on antitrust and competition law, including merger investigations and conduct matters before the Federal Trade Commission, the U.S. Department of Justice Antitrust Division, and state attorneys general. Logan represents clients in complex private and government antitrust litigation and has significant experience in FTC merger challenges, including litigating and counseling clients through all phases of agency enforcement proceedings. His practice spans strategic counseling, investigative compliance, and trial advocacy in high-stakes competition matters. Logan received his J.D. from Georgetown University Law Center, magna cum laude and Order of the Coif, where he served as Managing Editor of the Georgetown Journal of Law & Public Policy. During law school, he interned with the U.S. Department of Justice Antitrust Division and the Federal Trade Commission. He earned a B.A. in Economics from American University.
Senior Advisor for Competition and International Affairs, Office of Chairman Andrew N. Ferguson, FTC
Partner and Co-Founder, Simonsen Sussman LLP
Shaoul is a Partner and Co-Founder of Simonsen Sussman LLP and a seasoned antitrust practitioner with extensive experience in private and government practice.
Most recently, Shaoul served as the Associate Director for Litigation in the Bureau of Competition at the Federal Trade Commission. During his tenure, he oversaw the Bureau’s expansive litigation portfolio, focusing on strategic case development and successful outcomes. During his time in the Bureau’s Front Office, Shaoul worked on several high-profile and complex cases including the Kroger-Albertsons merger challenge, which addressed consolidation in the retail grocery sector, and the FTC’s lawsuit to unwind Illumina's acquisition of Grail in the Fifth Circuit, the first successful challenge to a vertical merger in 40 years. Additionally, Shaoul played an instrumental role in the FTC’s landmark monopolization case against Meta.
Apart from his litigation work at FTC, Shaoul played a pivotal role in shaping the FTC and DOJ 2023 Merger Guidelines, which introduced new measures aimed at addressing market consolidation and modernizing merger enforcement standards to reflect contemporary market realities and economics. Shaoul led the efforts to reform the premerger notification process under the Hart-Scott-Rodino (HSR) Act. These reforms, which came into effect in 2025, included significant updates to streamline filing procedures, improve transparency, and strengthen regulatory oversight to ensure compliance with evolving antitrust laws. Shaoul also led the drafting of several amicus briefs filed by the U.S. government in landmark antitrust cases, including the FTC’s amicus brief during the remedy phase of the Epic v. Google case, which was cited favorably by the court.
Shaoul previously served as Attorney Advisor to former FTC Chair Lina Khan. Prior to his roles at the FTC, Shaoul was in private practice and served as a legal fellow at the Institute for Local Self-Reliance. Shaoul holds a J.D. from Fordham University and a B.A. from Bard College Berlin.
Shaoul serves on the board of the American Economic Liberties Project and as a Senior Advisor at Columbia Law School, where he focuses on academic antitrust research, exploring innovative approaches to competition policy, and modern market dynamics.
Adjudication versus Rulemaking: A Look at How NLRB Sets Labor Policy
Samuel Estreicher, Brian E. Hayes, Marvin Kaplan, Alexander T. MacDonald
The National Labor Relations Board is responsible for developing national labor policy, but it has...
The FTC’s Pre-Merger Notification Rule on Appeal
The FTC’s Pre-Merger Notification Rule on Appeal
Ashley Baker, Logan Billman, Maxwell Gottschall, Jana Seidl, Shaoul Sussman
The Federal Trade Commission’s recent overhaul of the Hart-Scott-Rodino Act (HSR) premerger notification rule represents...
Structure Over Spectacle: The Supreme Court's 2024 Term
Donald A. Daugherty, David C. Tryon
After several years of headline-grabbing decisions that reshaped national political debate—from abortion and affirmative action...
Georgia Supreme Court Tightens Limits on Organizational Standing
A unanimous Georgia Supreme Court recently weighed in on the ongoing battle over new...
Topics
Judge or Jury: Who Decides Threshold Exhaustion Questions Under the PLRA?
Who decides? The answer to this fundamental question matters not only for the allocation of...
Topics
In Ames v. Ohio Youth Services, the Supreme Court Follows the Text and Rejects Discrimination
On June 5, the Supreme Court issued a unanimous decision in Ames v. Ohio Department...
The Supreme Court's 2023 Term: Return to Original Meaning or a Dangerous "Paradigm Shift"?
Zack Smith, Donald A. Daugherty
Each Supreme Court term over the past several years seems to produce more momentous decisions...
Topics
Union Monopolies and Section 2 of the Sherman Antitrust Act: Can Labor Unions Be Held Liable for Monopolizing Labor Markets?
In a recent article, economists from George Mason’s Mercatus Center surveyed a persistent but little-noted...
Wisconsin Supreme Court Overrules Two-Year-Old Precedent to Allow Ballot Drop Boxes
Jared C. Huber
Wisconsin Statute Section 6.87(4)(b)1 provides that an absentee ballot “shall be mailed by the elector,...