Partner, K&L Gates LLP
David Rybicki is a partner in the Washington, D.C. office of K&L Gates LLP. He is a member of the investigations, enforcement, and white collar practice group.
David recently served in the Criminal Division of the U. S. Department of Justice in Washington, D.C., as Acting Principal Deputy Assistant Attorney General (2017) and Deputy Assistant Attorney General (2017-2020), the second- and third-highest ranking positions in the division. In these roles, David led the investigation, prosecution, and coordination of nationally significant matters and initiatives involving corporate fraud, the Bank Secrecy Act, the Foreign Corrupt Practices Act (FCPA), cybercrime and cryptocurrencies, OFAC sanctions enforcement, transnational organized crime, healthcare fraud, consumer fraud, immigration fraud, civil and criminal RICO, public corruption, human rights, labor racketeering, and gaming law.
Prior to joining the Criminal Division, David served as Counselor to the Attorney General and worked on the Justice Department’s top criminal enforcement initiatives. This work included revision of the Department’s corporate enforcement policies, extension of the FCPA Pilot Program, “Going Dark” and other significant cybersecurity policy matters, Mutual Legal Assistance Treaties, marijuana enforcement and regulatory policy, and creation of the Department's new civil asset forfeiture policies and regulatory guidelines.
In 2018, David was appointed to serve as an ex officio member of the United States Sentencing Commission, where he represented the Justice Department with respect to all aspects of federal sentencing law and policy, including amendments to the Federal Sentencing Guidelines for corporate fraud and other white collar crimes.
Professor of Law, Co-Director of the Center on the Structural Constitution, Texas A&M University School of Law
Katherine Mims Crocker is a Professor of Law and Faculty Co-Director of the Center on the Structural Constitution at Texas A&M University School of Law. She is also an affiliate of the Stanford Constitutional Law Center. Her scholarship focuses on federal courts, civil-rights litigation, constitutional law, and state and local-government law. She has also taught courses in civil procedure, property, and judicial decision making. Professor Crocker has published papers (or has work forthcoming) in leading journals including the Duke Law Journal, Harvard Law Review, Michigan Law Review, Minnesota Law Review, Notre Dame Law Review, Virginia Law Review, and Washington University Law Review.
Before joining Texas A&M, Professor Crocker was on the faculty at William & Mary Law School and completed a fellowship at Duke Law School. She also practiced at McGuireWoods LLP in Richmond, Virginia, where she concentrated on appellate litigation. Professor Crocker clerked for Justice Antonin Scalia of the Supreme Court of the United States and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. She received her law degree from the University of Virginia, where she graduated first in her class and was an Articles Development Editor on the Virginia Law Review. She earned her undergraduate degree from Harvard University cum laude.
Mr. Pekron’s practice is primarily devoted to complex business, tort, and class action litigation. Mr. Pekron is listed in The Best Lawyers in America® in the area of Commercial Litigation, recognized as a Rising Star in the area of Business Litigation by Mid-South Super Lawyers, and a Future Star in Litigation by Benchmark Litigation. He has represented companies and individuals in cases throughout the nation involving breach of contract, professional liability, consumer fraud, products liability, and ERISA issues. He has significant experience in representing accounting firms, publicly-traded companies, and corporate officers and directors in securities litigation, regulatory matters, professional malpractice actions, and internal investigations.
Mr. Pekron also has an active appellate practice and has appeared in numerous state and federal appellate courts, including the Supreme Court of Illinois, the New York Court of Appeals, and the United States Courts of Appeals for the Third, Fourth, Fifth, and Sixth Circuits. He has argued cases before the Arkansas Supreme Court, the Arkansas Court of Appeals, and the United States Court of Appeals for the Seventh Circuit. He has also been responsible for petitions for certiorari and amicus briefs in the United States Supreme Court.
Mr. Pekron received his law degree from Yale Law School, where he served as Book Reviews Editor of the Yale Law Journal. His work has been published in the Hamline Law Review.
After graduating from law school, Mr. Pekron clerked for Judge Morris Sheppard Arnold of the United States Court of Appeals for the Eighth Circuit. During his clerkship, he served as an adjunct professor of law at the University of Arkansas at Little Rock School of Law. He then worked as an associate at the Chicago law firm of Sidley Austin LLP.
Mr. Pekron’s practice is primarily devoted to complex business, tort, and class action litigation. Mr. Pekron is listed in The Best Lawyers in America® in the area of Commercial Litigation, recognized as a Rising Star in the area of Business Litigation by Mid-South Super Lawyers, and a Future Star in Litigation by Benchmark Litigation. He has represented companies and individuals in cases throughout the nation involving breach of contract, professional liability, consumer fraud, products liability, and ERISA issues. He has significant experience in representing accounting firms, publicly-traded companies, and corporate officers and directors in securities litigation, regulatory matters, professional malpractice actions, and internal investigations.
Mr. Pekron also has an active appellate practice and has appeared in numerous state and federal appellate courts, including the Supreme Court of Illinois, the New York Court of Appeals, and the United States Courts of Appeals for the Third, Fourth, Fifth, and Sixth Circuits. He has argued cases before the Arkansas Supreme Court, the Arkansas Court of Appeals, and the United States Court of Appeals for the Seventh Circuit. He has also been responsible for petitions for certiorari and amicus briefs in the United States Supreme Court.
Mr. Pekron received his law degree from Yale Law School, where he served as Book Reviews Editor of the Yale Law Journal. His work has been published in the Hamline Law Review.
After graduating from law school, Mr. Pekron clerked for Judge Morris Sheppard Arnold of the United States Court of Appeals for the Eighth Circuit. During his clerkship, he served as an adjunct professor of law at the University of Arkansas at Little Rock School of Law. He then worked as an associate at the Chicago law firm of Sidley Austin LLP.
Managing Partner, Cramer Multhauf LLP
Attorney Matthew Fernholz focuses his practice on commercial litigation, trust and fiduciary disputes, business torts, trade secrets, non-compete agreements, defamation, and appellate work. In addition, he has developed one of the preeminent political and election law practices in the State of Wisconsin, and has handled several high-profile matters, from representing candidates for statewide office, successfully challenging the Governor’s emergency powers, arguing before the Wisconsin Elections Commission, and representing the Speaker of the Assembly.
Matthew frequently and successfully tries cases to verdict, and believes a lawyer unwilling to try a case should not take on a client in a litigation matter. In addition to this trial work, he has handled dozens of appeals, and countless dispositive motions.
His work has also been published in law review journals and newspapers alike.
Former Justice, Wisconsin Supreme Court
Justice Daniel Kelly was appointed to the Supreme Court by Gov. Scott Walker in 2016 to fill the vacancy created by the retirement of Justice David T. Prosser, Jr.
A native of Santa Barbara, California, Kelly grew up in Arvada, Colorado. He came to Waukesha, Wisconsin to study at Carroll College (now Carroll University), where he earned a bachelor's degree in Political Science and Spanish in 1986. He earned his law degree from Regent University School of Law in Virginia Beach, Virginia in 1991.
Before joining the Court, Kelly had 19 years' experience as a private practice attorney in Wisconsin and represented clients in cases before the Wisconsin Supreme Court and the U.S. Supreme Court. Kelly spent most of his private practice career at one of the largest and oldest law firms in Wisconsin. Subsequently, he served as vice president and general counsel for a philanthropic foundation, and then practiced law at a firm he owned and founded in Waukesha.
Early in his legal career, Kelly was a law clerk and then staff attorney for the Office of Special Masters of the U.S. Court of Federal Claims, from 1992 to 1996. He worked as a law clerk for the late Wisconsin Court of Appeals Judge Ralph Adam Fine from 1991 to 1992.
Kelly is a member of the board of advisors and past president of the Milwaukee Lawyer's Chapter of the Federalist Society. He serves on the Carroll University President's Advisory Council and is a former member of the Wisconsin Advisory Committee of the U.S. Commission on Civil Rights.
Kelly is married and has five children. He lives in North Prairie, Wisconsin.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
Partner, Special Matters and Government Investigations, King & Spalding LLP
William focuses his practice on government investigations, internal investigations, voluntary self-disclosures, and white collar criminal litigation. William advises clients on a range of white collar matters, including: the False Claims Act, the Anti-Kickback Statute, the Food Drug & Cosmetic Act, the Foreign Corrupt Practices Act, and whistleblower cases.
William has experience representing companies and individuals in investigations conducted by federal and state authorities, including the Department of Justice, multiple United States Attorney’s offices, the Department of Health and Human Services Office of Inspector General, the Food and Drug Administration, the Environmental Protection Agency, the Securities and Exchange Commission, the Office of Comptroller of the Currency, the Federal Election Commission, and multiple investigative committees of the United States Congress.
William previously served as a law clerk to the Honorable Richard J. Leon of the United States District Court for the District of Columbia. William graduated summa cum laude from Notre Dame Law School, where he served as the Managing Articles Editor of the Notre Dame Law Review.
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Torridon Law PLLC
Mike Fragoso is a seasoned legal and policy strategist. Most recently he served as chief counsel to Senate Republican Leader, Mitch McConnell. He has negotiated consequential legislation, managed successful congressional oversight, and prepared individuals for the most contentious Senate hearings.
As chief counsel to Leader McConnell Mike was the Leader’s primary legal advisor and managed the “last mile” of any legislation touching on the Senate Judiciary Committee. He ran the 2024 reauthorization of FISA Section 702 and was involved at the highest levels of the appropriations and budget-reconciliation processes. Mike also repeatedly represented Leader McConnell as counsel of record at the Supreme Court. Leader McConnell said of Mike that he’s “equally at home in the high-minded philosophical discourse of the legal community and the urgent pragmatism of Congressional dealmaking,” and that he “maintains a firm grasp on the realm of the possible” but “knows which screws to twist.” He observed that Mike “is so exceptionally competent that he often produces from his desk the work that would normally require, literally, teams of outside counsel.”
Mike previously was chief counsel for nominations and constitutional law for the Senate Judiciary Committee under Ranking Member Chuck Grassley and Chairman Lindsey Graham. During this time he advised the Senators on two presidential impeachments, ran multiple policy hearings, and managed the confirmation process for over 80 federal judges, including Justice Amy Coney Barrett. Chairman Graham described Mike as “a force of nature.”
During the first Trump administration Mike was deputy assistant attorney general in the Department of Justice’s Office of Legal Policy where he ran the Department’s efforts in support of judicial nominations and prepared over 100 nominees for Senate hearings.
Earlier in his career Mike was legislative director to former Senator Jeff Flake and chief counsel to the Senate Judiciary Committee’s Subcommittee on Privacy, Technology and the Law. There he led the oversight and repeal of the FCC’s broadband-privacy rule and was Senator Flake’s top advisor on the Tax Cuts and Jobs Act of 2017.
He frequently comments on public affairs and his writing has appeared in the Wall Street Journal, National Review, and the Harvard Journal of Law & Public Policy.
Mike also served as a law clerk to Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit.
Courthouse Steps Oral Argument Teleforum: Nestlé USA, Inc. v. Doe I
David C. Rybicki
The case of Nestlé USA, Inc. v. Doe I (consolidated with Cargill, Inc. v. Doe I)...
Courthouse Steps Decision Teleforum: Roman Catholic Diocese of Brooklyn v. Cuomo
TeleforumTopics
A Circuit Split Emerges on Post-June Medical Abortion Standards
The Federalist Society is pleased to announce its Student Blog Initiative, a project of the...
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Katherine Mims Crocker
On November 2, 2020 the Supreme Court decided Taylor v. Riojas, holding that the U.S....
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Chad W. Pekron, Daniel A. McLaughlin
On November 17, 2020, the Federalist Society's Article I Initiative and the Little Rock Lawyers...
Supreme Court Nominations and the Perils of Court-Packing
Chad W. Pekron, Daniel A. McLaughlin
On November 17, 2020, the Federalist Society's Article I Initiative and the Little Rock Lawyers...
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The Reindeer Rule: Lynch and Allegheny Explained
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Advice and Consent: Top Senate Staffers’ Perspectives on the Barrett Confirmation
DC Young Lawyers Chapter - Online Event
An Interview with Former Wisconsin Supreme Court Justice Daniel Kelly
Matthew M. Fernholz, Daniel Kelly
On November 17, 2020, the Milwaukee Lawyers Chapter hosted an online interview with former Wisconsin...