Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
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
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Counsel, Clare Locke
Eric Hageman is an attorney at Clare Locke LLP, where he defends individuals, institutions, and corporations from reputational attacks. He has significant litigation experience at all levels of state and federal court, having authored scores of merits and amicus briefs in the U.S. Supreme Court and federal courts of appeals. His clients represent a wide array of industries and have included several high-net-worth individuals and half the Fortune 20.
Before joining Clare Locke, Eric was an appellate attorney in the Washington, D.C., offices of two multinational law firms, where he worked on shareholder disputes, broken-deal litigation, separation-of-powers issues, and arbitrability disputes, as well as litigation under the Foreign Agent Registration Act, the Freedom of Information Act, and the Alien Tort Statute.
Eric was a law clerk to the Honorable Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit and to the Honorable Thomas Schroeder of the U.S. District Court for the Middle District of North Carolina.
Eric earned his J.D. from Notre Dame Law School, where he was Executive Editor of the Notre Dame Law Review and published work on the Takings Clause and on the obligations of judicial candor. He earned his Bachelor of Architecture from the University of Notre Dame, where he studied in Rome and was a member of the School of Architecture Curriculum Committee.
Eric is an Antonin Scalia Fellow and a Fellow of the James Wilson Institute on Natural Rights and the American Founding. His legal and jurisprudential scholarship has appeared in the Notre Dame Law Review, U.S. Constitutional Law: Rights & Liberties, Law and Liberty, and Mirror of Justice, among other publications. Eric’s commentary on the Supreme Court has been quoted in Bloomberg.
United States District Judge, Southern District of Ohio
Douglas R. Cole was nominated for the position in May 2019 by President Donald J. Trump and confirmed by the Senate in December 2019. Immediately before joining the bench, Judge Cole was a founding partner at Organ Cole, a litigation boutique in Columbus, Ohio.
Judge Cole received his J.D. from the University of Chicago Law School, where he graduated with High Honors and Order of the Coif, was an Olin Fellow in Law & Economics, and was a member of the editorial board of the University of Chicago Law Review. He clerked for Judge Frank H. Easterbrook on the United States Court of Appeals for the Seventh Circuit before joining Kirkland & Ellis in its Chicago office. He has served as a professor at the University of Oklahoma College of Law and at the Michael E. Moritz College of Law at The Ohio State University, where he taught in the fields of business law, law & economics, and intellectual property. From 2003-2006, he was the State Solicitor for the State of Ohio. In that capacity, he argued five cases at the United States Supreme Court, and multiple cases in the United States Court of Appeals for the Sixth Circuit and the Ohio Supreme Court. Before joining Organ Cole, Judge Cole was a litigation partner at the Columbus office of Jones Day, where he practiced in the Issues & Appeals group and the Intellectual Property group.
Judge Cole has undergraduate degrees in electrical engineering, mathematics, and physics, and worked as an electrical engineer before attending law school.
Ohio Deputy Attorney General for Major Litigation, Office of the Ohio Attorney General
Erik Clark oversees major litigation in the Office of Ohio Attorney General Dave Yost, the State's chief law-enforcement officer. He also oversees the Office's antitrust, charitable-law, constitutional-offices, and consumer-protection sections.
As part of his role, Erik personally appears in court on behalf of the State of Ohio in select cases. He also advises the Attorney General on critical matters.
Previously, Erik was a partner for over ten years at Organ Law LLP, a Columbus litigation boutique. There, he frequently served as special counsel to the Ohio Attorney General, representing state-government clients. His cases included a challenge (by ECOT) to Ohio's school-funding system for virtual charter schools, a challenge to The Ohio State University's rules governing students' possession of firearms, a First-Amendment challenge to a law prohibiting targeted picketing at public officials' homes, and a challenge to congressional and Statehouse redistricting following the 2020 census.
Erik also represented large and small businesses and individuals in litigation, arbitration, and mediation. Among other matters, he represented Uber in cases brought by authorities seeking city-wide injunctions that would have blocked Uber from operating its then-nascent ride-sharing service in several major cities, including Columbus, St. Louis, and Tampa.
Erik has argued several appeals in federal and state appellate courts, including three cases in the Ohio Supreme Court. He has served as lead counsel in dozens of trial-court cases (including bench and jury trials), administrative hearings, and arbitrations.
Erik graduated summa cum laude from The Ohio State University Moritz College of Law, where he was Editor-in-Chief of the Ohio State Law Journal.
After law school, he clerked for Chief Judge Jeffrey S. Sutton on the U.S. Court of Appeals for the Sixth Circuit.
Erik then served as the Simon Karas Fellow in the Ohio Attorney General’s Office, where he worked with the Ohio State Solicitor on high-profile appeals before the Ohio Supreme Court, the Sixth Circuit, and the United States Supreme Court.
Before joining Organ Cole LLP in 2012, Erik was a business litigator at Jones Day, one of the largest law firms in the world.
Senior Attorney, Pacific Legal Foundation
Oliver Dunford joined the Pacific Legal Foundation in March 2017. He litigates across the country to defend and advance individual liberty and the rule of law. Oliver’s cases involve the separation of powers, economic liberty, property rights, and the First Amendment.
Oliver remains inspired by the Classical Liberal ideals upon which our Founders declared independence and secured the blessings of liberty. The Constitution’s promises, however, are not self-executing. As James Madison explained, “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” Oliver feels lucky that his work helps oblige the government to control itself—to the end that all individuals may pursue their rights of life, liberty, and the pursuit of happiness.
Before joining PLF, Oliver clerked at the Ohio Supreme Court and the Ohio Court of Appeals, and spent more than a decade in private practice working on complex commercial litigation. Originally from Cleveland, Oliver is a graduate of the University of Dayton and Cleveland-Marshall College of Law, where he was a managing editor for the Cleveland State Law Review. Oliver is admitted to the state bars of Florida, California, and Ohio, as well as several federal courts including the United States Supreme Court.
Oliver spends all of his free time following the Cleveland Indians.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
Supreme Judicial Court Streamlines Massachusetts Anti-SLAPP Motions
Eric Hageman
In Bristol Asphalt, Co. v. Rochester Bituminous Products, Inc., the Supreme Judicial Court of...
Topics
Petteway v. Galveston County: The Fifth Circuit Reshapes Section 2 of the Voting Rights Act
In a November en banc decision, the Fifth Circuit reversed decades of jurisprudence and rewrote...
Electronic Classroom of Tomorrow v. Ohio Department of Education
Douglas R. Cole, Erik J. Clark
In Electronic Classroom of Tomorrow v. Ohio Department of Education, the Ohio Supreme Court held that...
Burgess v. FDIC, the Appointments Clause, and the Separation of Powers
Oliver Dunford
Last week, the Fifth Circuit became the third circuit court to consider whether administrative law...
Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges
Andrew Cook
Introduction Since the 2010 elections altered the makeup of many state legislative and executive branches,...
After Change in Personnel, Michigan Supreme Court Reverses Itself in Major Insurance Decision
Lance Boldrey
In 2008, the Michigan Supreme Court, by a 4-3 majority, issued an opinion in United...
Missouri Supreme Court Unanimously Upholds Statute In Part Creating Civil Liability for Abortion Providers
Matthew J. Brooker
In 2005, the Missouri legislature enacted a statutory provision that created civil liability for any...
New York and Maine High Courts Review State Financing of Schools
Amber Taylor
In the last year, the highest courts in New York and Maine issued important rulings...
Washington Supreme Court Upholds Talk Show Hosts’ Right to Free Speech
Andrew Cook
In San Juan County, et al v. No New Gas Tax, the Washington Supreme Court...