Managing Partner, Cooper & Kirk PLLC
David Thompson is the Managing Partner of Cooper & Kirk and joined the firm at its founding. Mr. Thompson has extensive trial and appellate experience in a wide range of matters and has secured victories worth billions of dollars. He has successfully challenged numerous laws on Second Amendment grounds. He has also litigated cases in over 30 federal district courts, argued in each of the 13 federal circuit courts of appeal, and argued before the U.S. Supreme Court, as well as many state courts. Mr. Thompson was awarded an A.B. degree, magna cum laude, from Harvard University in 1991, where he was elected to Phi Beta Kappa. In 1994, Mr. Thompson received a J.D. degree, cum laude, from Harvard Law School.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
W. DeVier Pierson Professor of Law, University of Oklahoma College of Law
In 2001 Taiawagi Helton joined the faculty of the University of Oklahoma College of Law, where he teaches environmental law, property law, and Indian law. His research emphasizes environmental and natural resources issues relating to Native Americans, as well as nation building in Indian country.
Helton began his legal career as a clerk for the Honorable Robert H. Henry, U.S. Court of Appeals for the Tenth Circuit. He has served as a Special Justice for the Cheyenne and Arapaho Tribes Supreme Court (2004-2008) and as a member of the Board of Directors of Oklahoma Indian Legal Services. In 2012, Helton received the O.U. Regents’ Award for Superior Teaching, the University’s highest award for teaching excellence.
Helton earned his Master of Laws degree from Yale Law School in 2001. In 1999 he received a juris doctor degree with highest honors from the University of Tulsa College of Law, where he served as Editor-in-Chief of the Tulsa Law Journal and earned membership in the Order of the Curule Chair.
Partner, Spencer Fane LLP
Andy Lester has a civil litigation and appellate practice in both state and federal court. His fields of emphasis include complex business, civil rights, commercial, constitutional, and state and local government law. He has faced off against the White House over the use of Executive Privilege, has appeared as counsel before committees of the United States Senate and the United States House of Representatives, and has been a featured guest on television shows such as Hardball with Chris Matthews and The Situation Room with Wolf Blitzer. He has also served as Acting General Counsel for the Oklahoma House of Representatives, and has twice served as Chief Counsel to Special House Committees investigating public corruption.
While in law school, Lester served on President Ronald Reagan’s Transition Team for the Equal Employment Opportunity Commission. In 2002, he chaired Governor Brad Henry’s Law Enforcement/Corrections Transition Team and, as a member of the Budget/Finance Transition Team, helped write Governor Henry’s first State budget.
He is a former United States Magistrate Judge for the Western District of Oklahoma, and has served as Adjunct Professor at Oklahoma City University School of Law, having taught State & Local Government, Employment Law, Criminal Law, and International Law. Lester has written over 100 articles and papers on professional and public policy issues, and has published one book, Constitutional Law and Democracy, a collection of speeches he gave in 1993 in the former Soviet Union.
Lester is a former member of the Oklahoma State Regents for Higher Education, and in 2019 was named a State Regent Emeritus. He served on the board of Eureka College (President Reagan’s alma mater), is a former chairman of the Oklahoma Advisory Committee for the United States Commission on Civil Rights, and is a past president, past board chairman, and current board member of the Tenth Circuit Historical Society. He co-chaired the bipartisan Oklahoma Death Penalty Review Commission, which conducted the first-ever independent, objective, and thorough review of the state’s entire capital punishment system.
In 2012, Lester was named Citizen of the Year of Edmond, Oklahoma. He is a past president of the Rotary Club of Edmond, and in 2011 was named Rotarian of the Year.
President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
Partner, Boies Schiller Flexner LLP
Jesse, the former third-ranking official at the U.S. Department of Justice, helps clients with their most difficult litigation and regulatory issues─whether that means defending against an enforcement action, pursuing high-stakes litigation and appeals, navigating regulatory thickets at federal and state agencies, or crafting a comprehensive strategy to manage a crisis. He approaches these problems with the knowledge gained both from his broad private-practice experience and from having served at the highest levels of federal and state government.
Jesse has experience across a range of substantive and regulatory areas. He has sued the federal government and has also been one of its top law-enforcement officials; he has represented states and has also navigated their regulatory agencies on behalf of clients; and he has represented companies in business disputes, both as defendants and plaintiffs.
Before joining the firm, Jesse was the Acting Associate Attorney General at the United States Department of Justice. In that role, he oversaw the civil and criminal work of the Antitrust, Civil, Civil Rights, Environment and Natural Resources, and Tax Divisions. During Jesse’s tenure, the Associate’s office closely managed the Department’s most significant litigation, including matters involving large financial institutions, healthcare companies, automakers, energy companies, and state and local governments. In addition, Jesse served as Chair of DOJ’s Regulatory Reform Task Force and Vice Chair of DOJ’s Task Force on Market Integrity and Consumer Fraud. Jesse regularly provided legal and strategic advice to the highest-level decision makers in the federal government, including the Attorney General and Deputy Attorney General, general counsels across the spectrum of federal agencies, and White House officials.
Jesse served for three years as the secretary of Florida’s labor, economic-development, and land-use agency, the Florida Department of Economic Opportunity. Before that, he served as Governor (now Senator) Rick Scott’s general counsel.
Jesse maintains offices in both Washington D.C. and Florida. From Washington, he focuses on federal litigation and crisis management. In Florida, in addition to federal litigation, Jesse employs his knowledge of state government and regulation to help clients in courts across the state, from trial through the Florida Supreme Court.
Jesse currently serves on the Florida Supreme Court Judicial Nominating Commission, the body that provides the governor with nominees for appointment to the Florida Supreme Court. Jesse is also a fellow at the Center for the Study of the Administrative State at the Scalia Law School at George Mason University, where he writes and speaks about administrative law.
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
Chair, Supreme Court and Appellate Practice, Alexander Dubose Jefferson
Daniel L. Geyser is Chair of the firm’s U.S. Supreme Court and Federal Appellate Practice. He focuses on complex and high-stakes appellate litigation, representing clients in the Supreme Court of the United States and in courts of appeals nationwide. He was named one of Law360’s 2019 “Appellate MVPs,” an honor awarded to only four lawyers in the United States.
Dan is widely regarded as one of the nation’s leading Supreme Court and appellate lawyers. The Legal 500 reports that Dan is “recognized by peers and clients alike as ‘an extraordinary oral advocate and brief writer,’” “stand[ing] out for his sheer brainpower and creative thinking”; clients say “Geyser’s intellect and analysis are peerless”; “‘[h]is legal analysis is brilliant and on point, and his written and oral advocacy is very strong and powerful.’” Chambers USA describes Dan as a “‘superb lawyer with impeccable judgment and a wonderful manner in oral arguments,’” adding he has “‘that rare ability to make clients and legal counsel at ease, even under difficult circumstances. He instills confidence.’”
Dan is among an elite group of lawyers who regularly handles significant cases in the U.S. Supreme Court. He has argued eleven U.S. Supreme Court cases in private practice, more than any other active Texas lawyer. He recently had three cert. petitions granted in a 12-month period (a feat matched by few global firms), and personally handled over 5% of the Court’s merits docket in OT 2018. He has been named to the National Law Journal’s “Appellate Hot List,” earned weekly honors as a Law360 “Legal Lion,” achieved national appellate rankings in Chambers & Partners and The Legal 500, and was listed among the “veritable who’s who of the Supreme Court bar” (Empirical SCOTUS). His petitions are regularly featured among the “Petitions of the Week” on SCOTUSblog, and he was named OT 2017’s “top performing” brief-writer among the Court’s repeat players (based on a 2018 empirical study using brief-analyzing software). He is a three-time winner of the National Association of Attorneys General’s Best Brief Award for excellence in brief-writing before the Supreme Court.
Dan routinely matches up against the top litigators in the country. He has convinced the Supreme Court to grant review over the opposition of elite appellate groups at multiple Am Law 20 firms, and his recent wins have come against superstars at Am Law 10 firms and the Solicitor General’s Office. In the past half-decade, Dan is among the top five lawyers nationwide for total Supreme Court arguments in private practice, notching “rare victor[ies]” (SCOTUSblog) and “huge win[s]” (Reuters) in cases that industry experts said could not be won. And Dan is already set to argue another major case in the Supreme Court’s upcoming Term, a closely watched battle involving the Federal Arbitration Act and federal jurisdiction; the case was one of Dan’s two cert. grants in 2021 alone.
Beyond the Supreme Court, Dan handles high-stakes matters in appellate courts nationwide, litigating cases in virtually every major area of federal law (especially securities, bankruptcy, patents, ERISA, and arbitration). For plaintiffs, he has crafted legal strategy in matters generating over a half-billion in recovery. For defendants, he has won appeals in 8- and 9-figure disputes. He has special expertise at the rehearing stage, and has argued before the en banc Ninth Circuit (winning 10-1). In addition to an active federal practice, Dan has handled landmark state-court appeals, including arguing seven times before the Texas Supreme Court.
Before joining ADJ, Dan ran his own award-winning appellate practice; served as the appellate chair of a prominent litigation boutique (also leading that firm to the National Law Journal’s “Appellate Hot List” and a Chambers USA national-appellate ranking); and was an appellate partner in one of the nation’s top litigation firms, building its appellate practice while focusing especially on complex patent appeals and bankruptcy cases.
From 2007-2011, Dan served in the Office of the Solicitor General of Texas, where he conducted and supervised appellate litigation for the State. In addition to handling his own docket, his experience in the office included advising other divisions on appellate and trial strategy, revising countless briefs in cases across all subject areas, and extensively preparing other attorneys (in moot courts and otherwise) for oral argument. In his last week on the job, Dan argued before the Texas Supreme Court in Severance v. Patterson, one of the State’s most important cases in recent memory—a constitutional attack on the public’s historic access to open beaches; he had earlier won “a rare motion to rehear the case” (Austin American-Statesman, 2011). The same week, Dan also won a major case in the U.S. Supreme Court, Sossamon v. Texas, involving Congress’s spending power and state sovereignty; Dan wrote the State’s briefs in that case and crafted its core legal theories and appellate strategy. He was also the principal writer of the State’s invitation brief in Rhine v. Deaton, a case marking the very first time the U.S. Supreme Court called for a state solicitor general to file a brief expressing the views of a State.
Dan graduated Phi Beta Kappa, with honors and distinction, from Stanford University, and with honors from Harvard Law School, where he was the Notes Chair of the Harvard Law Review, a best-brief winner and oralist on the championship team of Harvard’s moot-court competition, and a research assistant to Professor Laurence H. Tribe, working on his academic writing and appellate docket. After law school, Dan clerked for the Hon. Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. He has received the State Bar of California’s Wiley W. Manuel Award for Pro Bono Legal Services and is a past appointee to the U.S. Court of Appeals for the Second Circuit Pro Bono Panel.
Vice President for Legal Strategy, Stand Together
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at
Americans for Prosperity. In these roles he advocates for and creates strategies and
partnerships to ensure a constitutionally limited government that protects the civil liberties of all
Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending
the First Amendment rights of students, faculty, healthcare workers and religious organizations.
Casey has a J.D. from Boston College School of Law and an undergraduate degree from the
University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at
@Casey-Mattox-ST.
Associate, Wiley Rein LLP
Krystal represents and advises clients in a variety of complex litigation and appellate matters in state and federal courts. She has served in legal capacities in both public and private entities, including the U.S. Department of Justice and federal trial and appellate courts, and has extensive litigation experience ranging from pre-complaint investigations and discovery disputes to critical motions practice, trial preparation, and appeals. Krystal specializes in providing creative litigation solutions to give her clients a strategic advantage, both in and out of the courtroom.
Her experience spans a wide variety of practice areas, including government contracts, intellectual property, environment and product regulation, telecommunications, health care, as well as election law and government ethics. Krystal’s appellate work, including before the U.S. Supreme Court, has focused on significant First Amendment issues.
Krystal served as a law clerk for the Honorable Mark S. Davis on the U.S. District Court for the Eastern District of Virginia (the “Rocket Docket”). In addition, she served as a law clerk for the Honorable Alice M. Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Krystal also maintains an active pro bono practice, and for two consecutive years has won firm awards for her contributions. Most recently, she briefed and argued a multi-issue appeal of a trial verdict in the Ninth Circuit, and successfully obtained remand from the Board of Immigration Appeals after her client was denied protection under the U.N. Convention Against Torture.
Partner, Jackson Walker
Arthur offers clients a winning combination of trial and appellate experience gained as a federal prosecutor and more than 20 years of experience in handling patent, copyright, trademark, and trade secrets litigation.
While his practice concentrates on intellectual property litigation, Arthur also has significant experience in internal investigations, False Claims Act suits, partnership and breach of fiduciary duty, breach of contract, and employment litigation. Arthur also has represented clients testifying before Congressional committees.
Arthur writes and speaks frequently on topics ranging from the case against Boston bomber Dzhokhar Tsarnaev to patent litigation reform.
Prior to joining Michael Best, Arthur served as an Assistant United States Attorney in the Southern District of New York, where he was the lead prosecutor in criminal trials, including federal intellectual property crimes. He also argued numerous appeals.
Associate Professor, UNH Franklin Pierce School of Law
Zvi S. Rosen is an Associate Professor at UNH Franklin Pierce School of Law and the Faculty Director of the Franklin Pierce Society for Intellectual Property. He has served as a Assistant Professor at the Southern Illinois University School of Law, as a Visiting Assistant Professor at the Maurice A. Deane School of Law at Hofstra University, and as a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law.
In 2015-2016, he was the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office. Mr. Rosen received his J.D. from Northwestern University School of Law in 2005 and LLM in Intellectual Property in 2006 from the George Washington University Law School. He has practiced at Fried, Frank, Harris, Shriver & Jacobson LLP as well as smaller firms and his own practice, and clerked for the Hon. Thomas B. Bennett of the U.S. Bankruptcy Court for the Northern District of Alabama. He has written extensively on the development of modern copyright and trademark law, as well as on bankruptcy law.
Senior Attorney, Institute for Justice
Erica Smith is a senior attorney with the Institute for Justice. She joined IJ in August 2011 and litigates cutting-edge constitutional cases protecting economic liberty, school choice, and free speech in federal and state courts.
Erica’s economic liberty work has a special focus on “food freedom.” Erica won Wisconsin home bakers the constitutional right to legally sell their goods in Kivirist v. Wisconsin Department of Agriculture. As a result, hundreds of home bakers across the state can now sell their cookies, cakes, and muffins without fear of fines or jail time. Erica also successfully defended the rights of home bakers and canners to fight against Minnesota’s arbitrary restrictions on selling their goods in Astramecki v. Minnesota Department of Agriculture. Erica is currently suing New Jersey—the last state to have a ban on selling homemade food. Erica’s legislative activities have also helped change the homemade food laws of several states.
Erica’s educational choice work gives parents the opportunity to guide the education of their children. She was the lead attorney representing families in Asociación de Maestros v. Departamento de Educación, where she persuaded the Puerto Rico Supreme Court to reject a teachers union’s challenge to the Commonwealth’s new voucher program. Erica was also part of the winning teams that protected both Georgia and New Hampshire’s tax-credit scholarship programs at the state supreme courts in Gaddy v. Georgia Department of Revenue and Duncan v. State of New Hampshire. She is currently fighting to protect Montana’s school choice program at the U.S. Supreme Court. In addition, Erica testifies as to the constitutionality of other educational choice programs across the country.
Erica’s free speech work includes her successful defense of a family’s right to use signs to advertise its gym in Fears v. City of Sacramento. She was part of the team that successfully defended Central Radio Company’s right to protest the illegal taking of its land in Central Radio Co. v. City of Norfolk. Most recently, Erica won the right of a family-owned video game store to advertise using a 9-foot inflatable Mario in Fisher v. Town of Orange Park.
Erica has appeared on CBS Sunday Morning, CBS This Morning, and Fox & Friends, and her writing has been published in the Washington Times, New York Post, Times-Free Press, The Virginian-Pilot, National Law Journal, and Federalist Society Review. She has also been quoted in media outlets across the nation, including the New York Times and Washington Post.
Before joining IJ, Erica served as a law clerk for the Honorable Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina.
Erica received her law degree cum laude from the University of Pennsylvania Law School in 2010. Erica received her undergraduate degree summa cum laude from Stony Brook University’s Honors College in 2007, where she studied literature and journalism.
Courthouse Steps Decision Teleforum: NY State & Rifle Pistol Association Inc. v. City of New York
David H. Thompson
Please join Amy Swearer of the Heritage Foundation and David Thompson of Cooper & Kirk...
Courthouse Steps Oral Argument Teleforum: McGirt v. Oklahoma
Anthony J. Ferate, Taiawagi "Tai" Helton, Andy Lester
Tribal jurisdiction is again before the Supreme Court. Following November 2018 arguments, Chief Justice John...
Ensuring Due Process at the Surface Transportation Board
Lawrence J. Spiwak
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Courthouse Steps Oral Argument Teleforum: Our Lady of Guadalupe School v. Morrissey-Berru
Jesse Panuccio
In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, the Supreme Court, in 2012, unanimously...
Courthouse Steps Decision Teleforum: Kelly v. United States
Stephen R. Klein
Bridget Anne Kelly and William Baroni were convicted of wire fraud, federal program fraud and conspiracy for orchestrating...
Courthouse Steps Decision Teleforum: United States v. Sineneng-Smith
Brian M. Fish
Today the Supreme Court released the decision in United States v. Sineneng-Smith. By a vote of 9-0,...
Courthouse Steps Decision Teleforum: Thryv, Inc. v. Click-To-Call Technologies, LP
Daniel L. Geyser
In Thryv, Inc. v. Click-To-Call Technologies, LP (Supreme Court, April 20, 2020), the Supreme Court held that...
Courthouse Steps Oral Argument: USAID v. Alliance for Open Society International, Inc.
Casey Mattox, Krystal Brunner Swendsboe
On May 5, 2020, the Supreme Court will hear arguments in an important First Amendment...
Courthouse Steps Oral Argument Teleforum: United States Patent and Trademark Office v. Booking.com
Arthur Gollwitzer, Zvi Rosen
It has long been a staple of trademark law that one cannot receive a registered...
Espinoza v. Montana Department of Revenue - Post-Argument SCOTUScast
Erica Smith
This SCOTUScast addresses the January 22 Supreme Court argument in Espinoza v. Montana Department of Revenue. ...