Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Partner, Wiley Rein
Brandon defends companies and their executives in complex civil and criminal cases involving alleged healthcare fraud, the False Claims Act (FCA), whistleblower allegations, the Foreign Corrupt Practices Act (FCPA), antitrust, regulatory violations, and contract and procurement fraud. She has extensive experience shepherding life sciences companies, government contractors, not-for-profits, and technology companies through internal investigations and responding to subpoenas and civil investigative demands (CIDs). She also advises a broad range of companies on compliance programs, privacy, telecommunications, compliance, Team Telecom, and new media issues.
Partner, Wiley Rein LLP
Mark represents government contractors and telecommunications companies facing federal investigations, whistleblower complaints, and civil enforcement actions. He navigates responses to civil investigative demands from the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC), as well as inquiries and subpoenas from the Federal Communications Commission (FCC), Inspectors General, and Congress. He also leads internal investigations for companies to assess potential misconduct by employees. Mark is a co-chair of Wiley Rein’s Communications Enforcement & Compliance Group.
Partner, Co-chair of the Litigation & Trial Practice Group, Alston & Bird LLP
Adam Biegel is co-chair of Alston & Bird’s Litigation & Trial Practice Group and former co-chair of its Antitrust Team. He has substantial experience representing clients on antitrust counseling and litigation matters, including those involving government and internal investigations, mergers and joint ventures, pricing and distribution, compliance counseling and training, pre-merger reviews under the Hart-Scott-Rodino (HSR) Act, and multidistrict litigation. He regularly represents clients before the U.S. Department of Justice (DOJ) Antitrust Division, Federal Trade Commission (FTC) and state attorneys general, and in federal courts.
Adam is recognized for his antitrust experience by Chambers USA and selected to The Best Lawyers in America®, including his recognition as “Lawyer of the Year” for Antitrust Litigation in Washington, D.C., in 2022. He is a longtime member of the American Bar Association Antitrust Law Section’s leadership, currently serving as co-chair of its In-House Counsel Task Force and previously having served on its board, and chaired its Corporate Counseling Committee, Long Range Planning Committee, and Spring Meeting conference. He also serves on the board of the Federalist Society’s antitrust practice group.
Adam served as a law clerk to the Hon. Frank M. Hull, U.S. Court of Appeals for the Eleventh Circuit. Before attending law school, he worked as a newspaper reporter in Arkansas and on the legislative staff of U.S. Senator Orrin Hatch.
Partner, Paul, Weiss
Andrew Finch is co-chair of the Antitrust Practice Group and a partner in the Litigation Department. He recently rejoined the firm from the U.S. Department of Justice’s Antitrust Division, where he served as Principal Deputy Assistant Attorney General (April 2017-August 2019) and as Acting Assistant Attorney General (April-September 2017), overseeing all aspects of the Antitrust Division’s operations. A seasoned and pragmatic antitrust counselor and litigator, Andrew has extensive experience with civil and criminal antitrust investigations, litigation and appeals.
EXPERIENCE
Andrew’s practice focuses on antitrust investigations and litigation, both criminal and civil, including merger reviews. At the Antitrust Division, Andrew oversaw dozens of major merger reviews; supervised multiple litigations; negotiated civil and criminal settlements, including consent decrees involving divestitures, plea agreements and deferred prosecution agreements; and represented the Antitrust Division in meetings with other federal agencies, members of Congress, state attorneys general and foreign competition authorities. Throughout his tenure, Andrew played a leadership role in developing and implementing Antitrust Division policies and priorities, including the Division’s new policy regarding the consideration of effective antitrust compliance programs in criminal enforcement decisions. Andrew also has spoken extensively in the United States and abroad about antitrust issues relating to “big data” and technology platforms, acquisitions of nascent competitors, and the application of antitrust law to intellectual property disputes and standard-development organizations.
In private practice, Andrew has represented a broad range of clients, including in the financial services industry, payment networks, insurance, manufacturing, steel production, public performing rights, petroleum refining, publishing, retailing, shipping and air transportation industries, among others. Andrew’s notable representations include:
Between 2003 and 2005, Andrew served as Counsel to the Assistant Attorney General in the Antitrust Division. While at the DOJ, he participated in drafting the joint report of the DOJ and FTC, Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition, and contributed to the Report of the DOJ’s Task Force on Intellectual Property.
Andrew served as a law clerk to the Honorable Dennis G. Jacobs in the U.S. Court of Appeals for the Second Circuit. At the University of Chicago Law School, Andrew was a John M. Olin Student Fellow in Law and Economics, the Topics and Comments Editor of The University of Chicago Law Review, and was elected to the Order of the Coif.
Andrew is a member of the American Bar Association’s Section of Antitrust Law, and currently serves on the ABA’s Task Force on the Future of Competition Law Standards. He previously served as vice-chair of the Books and Treatises Committee, as vice-chair of the Civil Practice and Procedure Committee, as a member of the Editorial Board of Antitrust Law Developments (Sixth), and as a principal editor of the Handbook on Interlocking Directorates.
Since 2014, Andrew has been recognized by Chambers USA as a leading lawyer in Antitrust. Clients commented that Andrew “is a very smart lawyer [who] has a very keen understanding of antitrust matters from the government perspective.” Following his tenure as one of the senior leadership of the Antitrust Division at the DOJ, Chambers USA has recognized Andrew as an “Eminent Practitioner” in the Antitrust (New York) category for his wide-ranging knowledge across criminal and civil antitrust issues. He is also highly recommended by The Legal 500 in the Antitrust: Cartel, Antitrust: Civil Litigation/Class Actions: Defense and Antitrust: Merger Control categories.
Andrew is a member of the Board of Directors of the School of American Ballet.
Attorney, MoloLamken LLC
Lauren M. Weinstein is an attorney in MoloLamken's Washington, D.C. office. Her practice focuses on trial and appellate litigation, representing clients before the United States Supreme Court, the federal courts of appeals, and other federal and state courts. Her practice covers a broad array of subject matters, including antitrust law, class actions, constitutional law, business litigation, and securities suits. Prior to joining MoloLamken, Ms. Weinstein served as a law clerk to the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit and the Honorable John G. Koeltl of the United States District Court for the Southern District of New York. Ms. Weinstein received her B.A. from Northwestern University and J.D. from Harvard Law School.
Associate Justice, Supreme Court of Ohio
Justice Pat DeWine began his six-year term on the Supreme Court of Ohio on Jan. 2, 2017, following his statewide election in November 2016. An excellent writer, Justice DeWine is known for the quality and thoroughness of his legal opinions. His opinions reflect his strong belief in judicial restraint and his respect for the constitutional roles of the other coequal branches of government.
Justice DeWine has served at all levels of the Ohio judiciary. Prior to his election to the Supreme Court, Justice DeWine served for four years on the First District Court of Appeals, and prior to that, for four years on the Hamilton County Common Pleas Court.
Justice DeWine has a strong commitment to furthering the rule of law through education. He is an adjunct professorat the University of Cincinnati College of Law where he teaches Appellate Practice and Procedure. In addition, he has taught undergraduate courses at the University of Cincinnati in Ohio Government & Politics and American Courts.
Justice DeWine has strong academic credentials. He graduated from the University of Michigan Law School in the top ten percent of his class with Order of the Coif honors. As an undergraduate student at Miami University, he maintained a perfect 4.0 grade point average and received summa cum laude honors. He was also a member of the Varsity Track and Cross Country teams.
After law school, he was selected for a clerkship on United States Court of Appeals for the Sixth Circuit. He served under the Honorable David A. Nelson, who had been appointed to the Sixth Circuit by President Ronald Reagan.
Justice DeWine understands the litigant’s perspective, having practiced law for 13 years with one of Cincinnati’s top law firms, Keating, Muething & Klekamp. He represented clients in appellate matters in Ohio and in federal courts across the country. He handled a diverse range of litigation matters, including mass tort bankruptcies, securities fraud litigation, and constitutional issues.
Other Public Service
Justice DeWine brings a unique perspective to the bench because of his public service as a County Commissioner and a member of Cincinnati City Council.
As a member of the Hamilton County Board of Commissioners, he focused on reforming County government, lowering the tax burden, eliminating unnecessary bureaucracy and promoting public safety. He led the citizens referendum that ultimately repealed the nearly $1 billion sales tax increase that was enacted by his colleagues on the Commission. The Reason Foundation named him an “Innovator in Action,” along with such leaders as Rudy Giuliani and Jeb Bush, for his efforts to reform County government.
On Cincinnati City Council, he was known as a taxpayer watchdog, successfully rooting out wasteful spending and abuse in city government. He helped eliminate unnecessary regulations, led the effort to crack down on quality of life issues affecting city neighborhoods and created a development fund that leveraged private capital to spur new housing development downtown and across city neighborhoods. He also led the Issue Four charter change that created a more accountable city government by allowing the city to hire the most qualified individuals for key positions in city government.
He was a founder of the Build Cincinnati reform group that successfully passed a charter amendment to allow Cincinnati voters to directly elect the Mayor.athon.
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Robins Kaplan Distinguished Professor and John H. Faricy Professor of Empirical Research; Senior Fellow, Dispute Resolution Institute, Mitchell Hamline School of Law
Professor Henry Allen Blair is the Robins Kaplan Distinguished Professor of Litigation Skills and International Dispute Resolution, a John H. Faircy Professor of Empirical Legal Research, and a senior fellow in the Dispute Resolution Institute at Mitchell Hamline. He’s also a Fellow with the Chartered Institute of Arbitrators. He teaches and writes primarily in the areas of arbitration and international dispute resolution, contract law, and commercial law, with a focus on law and economics. In addition to his teaching and writing, he serves as the on-site director for Mitchell Hamline’s Certificate in Global Arbitration Law and Practice program in London and is the faculty advisor and coach for the Willem C. Vis International Commercial Arbitration Moot Court teams.
Professor Blair keeps connections with the world of practice, serving as Of Counsel at Greene Espel, and as an arbitrator or mediator in commercial disputes. He also regularly represents pro bono clients, or consults with other attorneys representing pro bono clients, who are seeking asylum in the United States.
Partner, Co-chair of the Litigation & Trial Practice Group, Alston & Bird LLP
Adam Biegel is co-chair of Alston & Bird’s Litigation & Trial Practice Group and former co-chair of its Antitrust Team. He has substantial experience representing clients on antitrust counseling and litigation matters, including those involving government and internal investigations, mergers and joint ventures, pricing and distribution, compliance counseling and training, pre-merger reviews under the Hart-Scott-Rodino (HSR) Act, and multidistrict litigation. He regularly represents clients before the U.S. Department of Justice (DOJ) Antitrust Division, Federal Trade Commission (FTC) and state attorneys general, and in federal courts.
Adam is recognized for his antitrust experience by Chambers USA and selected to The Best Lawyers in America®, including his recognition as “Lawyer of the Year” for Antitrust Litigation in Washington, D.C., in 2022. He is a longtime member of the American Bar Association Antitrust Law Section’s leadership, currently serving as co-chair of its In-House Counsel Task Force and previously having served on its board, and chaired its Corporate Counseling Committee, Long Range Planning Committee, and Spring Meeting conference. He also serves on the board of the Federalist Society’s antitrust practice group.
Adam served as a law clerk to the Hon. Frank M. Hull, U.S. Court of Appeals for the Eleventh Circuit. Before attending law school, he worked as a newspaper reporter in Arkansas and on the legislative staff of U.S. Senator Orrin Hatch.
Attorney, MoloLamken LLC
Lauren M. Weinstein is an attorney in MoloLamken's Washington, D.C. office. Her practice focuses on trial and appellate litigation, representing clients before the United States Supreme Court, the federal courts of appeals, and other federal and state courts. Her practice covers a broad array of subject matters, including antitrust law, class actions, constitutional law, business litigation, and securities suits. Prior to joining MoloLamken, Ms. Weinstein served as a law clerk to the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit and the Honorable John G. Koeltl of the United States District Court for the Southern District of New York. Ms. Weinstein received her B.A. from Northwestern University and J.D. from Harvard Law School.
Partner, Paul, Weiss
Andrew Finch is co-chair of the Antitrust Practice Group and a partner in the Litigation Department. He recently rejoined the firm from the U.S. Department of Justice’s Antitrust Division, where he served as Principal Deputy Assistant Attorney General (April 2017-August 2019) and as Acting Assistant Attorney General (April-September 2017), overseeing all aspects of the Antitrust Division’s operations. A seasoned and pragmatic antitrust counselor and litigator, Andrew has extensive experience with civil and criminal antitrust investigations, litigation and appeals.
EXPERIENCE
Andrew’s practice focuses on antitrust investigations and litigation, both criminal and civil, including merger reviews. At the Antitrust Division, Andrew oversaw dozens of major merger reviews; supervised multiple litigations; negotiated civil and criminal settlements, including consent decrees involving divestitures, plea agreements and deferred prosecution agreements; and represented the Antitrust Division in meetings with other federal agencies, members of Congress, state attorneys general and foreign competition authorities. Throughout his tenure, Andrew played a leadership role in developing and implementing Antitrust Division policies and priorities, including the Division’s new policy regarding the consideration of effective antitrust compliance programs in criminal enforcement decisions. Andrew also has spoken extensively in the United States and abroad about antitrust issues relating to “big data” and technology platforms, acquisitions of nascent competitors, and the application of antitrust law to intellectual property disputes and standard-development organizations.
In private practice, Andrew has represented a broad range of clients, including in the financial services industry, payment networks, insurance, manufacturing, steel production, public performing rights, petroleum refining, publishing, retailing, shipping and air transportation industries, among others. Andrew’s notable representations include:
Between 2003 and 2005, Andrew served as Counsel to the Assistant Attorney General in the Antitrust Division. While at the DOJ, he participated in drafting the joint report of the DOJ and FTC, Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition, and contributed to the Report of the DOJ’s Task Force on Intellectual Property.
Andrew served as a law clerk to the Honorable Dennis G. Jacobs in the U.S. Court of Appeals for the Second Circuit. At the University of Chicago Law School, Andrew was a John M. Olin Student Fellow in Law and Economics, the Topics and Comments Editor of The University of Chicago Law Review, and was elected to the Order of the Coif.
Andrew is a member of the American Bar Association’s Section of Antitrust Law, and currently serves on the ABA’s Task Force on the Future of Competition Law Standards. He previously served as vice-chair of the Books and Treatises Committee, as vice-chair of the Civil Practice and Procedure Committee, as a member of the Editorial Board of Antitrust Law Developments (Sixth), and as a principal editor of the Handbook on Interlocking Directorates.
Since 2014, Andrew has been recognized by Chambers USA as a leading lawyer in Antitrust. Clients commented that Andrew “is a very smart lawyer [who] has a very keen understanding of antitrust matters from the government perspective.” Following his tenure as one of the senior leadership of the Antitrust Division at the DOJ, Chambers USA has recognized Andrew as an “Eminent Practitioner” in the Antitrust (New York) category for his wide-ranging knowledge across criminal and civil antitrust issues. He is also highly recommended by The Legal 500 in the Antitrust: Cartel, Antitrust: Civil Litigation/Class Actions: Defense and Antitrust: Merger Control categories.
Andrew is a member of the Board of Directors of the School of American Ballet.
Robins Kaplan Distinguished Professor and John H. Faricy Professor of Empirical Research; Senior Fellow, Dispute Resolution Institute, Mitchell Hamline School of Law
Professor Henry Allen Blair is the Robins Kaplan Distinguished Professor of Litigation Skills and International Dispute Resolution, a John H. Faircy Professor of Empirical Legal Research, and a senior fellow in the Dispute Resolution Institute at Mitchell Hamline. He’s also a Fellow with the Chartered Institute of Arbitrators. He teaches and writes primarily in the areas of arbitration and international dispute resolution, contract law, and commercial law, with a focus on law and economics. In addition to his teaching and writing, he serves as the on-site director for Mitchell Hamline’s Certificate in Global Arbitration Law and Practice program in London and is the faculty advisor and coach for the Willem C. Vis International Commercial Arbitration Moot Court teams.
Professor Blair keeps connections with the world of practice, serving as Of Counsel at Greene Espel, and as an arbitrator or mediator in commercial disputes. He also regularly represents pro bono clients, or consults with other attorneys representing pro bono clients, who are seeking asylum in the United States.
Courthouse Steps Preview: NYSRPA v. City of NY
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Baldwin v. U.S.: Will the Chevron Doctrine Be Refined or Overruled?
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A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris
Introduction In a recent article[1] Joe Kattan and Tim Muris (K&M) criticize our article[2] on...
Some Emerging Issues in Ohio's Courts-Deference, Economic Liberty, & More
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Henry Allen Blair
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