Partner and Co-Chair, Constitutional and Appellate Law Practice Group, Gibson, Dunn & Crutcher LLP
Allyson N. Ho is a partner in the Dallas office of Gibson, Dunn & Crutcher LLP and co‐chair of the Firm’s nationwide Appellate and Constitutional Law practice group.
Mrs. Ho is “undoubtedly one of the premier appellate lawyers in the United States” (Chambers). She has presented over 100 oral arguments in federal and state courts nationwide, including multiple high‐stakes cases on behalf of business before the U.S. Supreme Court.
Her most significant winning arguments include a U.S. Supreme Court reversal worth billions of dollars for unionized employers in the Sixth Circuit; a U.S. Supreme Court reversal limiting the power of federal regulators; a multi‐billion dollar environmental win in the Fifth Circuit; a multi‐billion dollar commercial victory for the founder of a technology company in the Appellate Division of the New York Supreme Court; a billion dollar environmental win in the Houston Court of Appeals; a nine‐figure commercial victory in the Corpus Christi Court of Appeals; and a nine‐figure arbitration win in the Fifth Circuit.
Among her numerous accolades, Mrs. Ho is one of only a small group of appellate lawyers nationwide, and the only one in Texas, to be nationally ranked by Chambers every year for the past ten years (2012‐21). She is also one of the few appellate lawyers nationwide to be named to the BTI Client Service All‐Stars List, an honor bestowed by the corporate counsel community for lawyers “who stand above all the others in delivering the absolute best in client service.” She is also routinely named as a leading appellate lawyer by Benchmark, The Best Lawyers in America®, The Legal 500, Texas Super Lawyers, and D Magazine.
Mrs. Ho has received the Gregory S. Coleman Outstanding Appellate Lawyer Award (Texas Bar Foundation, June 22, 2018), been named a “Distinguished Leader” (Texas Lawyer, Sep. 1, 2017) and “Appellate MVP” (Law360, Nov. 23, 2015), and been recognized on the “Appellate Hot List” (National Law Journal, Nov. 16, 2015). In addition, she has been profiled in “Texas Powerhouse” (Law360, Aug. 2, 2021), “Texas Appellate Power Couple” (Texas Lawbook, January 7, 2021), “Litigators of the Week” (The American Lawyer, May 8, 2020), “Litigation Powerhouse” (Law360, Aug. 10, 2016), “Supreme Court Insider” (National Law Journal, July 21, 2016), “Supreme Court Specialists, Mostly Male, Dominated Arguments This Term” (National Law Journal, May 11, 2016), “Attorney of the Year Finalist” (Texas Lawyer, Nov. 2, 2015), “Litigation Department of the Year” (Texas Lawyer, June 1, 2015), “Employment Group of the Year” (Law360, Jan. 13, 2015), “A Supreme Month: Lawyer Credits Preparedness in Ability to Argue Two U.S. High Court Cases in Three Weeks” (Texas Lawyer, Dec. 8, 2014), “High Court Debuts for Two Lawyers” (National Law Journal, Nov. 3, 2014), “Women in Business Awards” (Dallas Business Journal, Aug 29, 2014), “Litigation Departments of the Year” (Texas Lawyer, June 2, 2014), “Winning Women” (Texas Lawyer, Aug. 22, 2011), and “High court practitioners: increasingly diverse” (National Law Journal, June 6, 2011).
Federal and State Appellate Practice
Mrs. Ho has argued a series of high stakes, landmark cases on behalf of the business community before the U.S. Supreme Court. National Law Journal called her a “Veteran SCOTUS Advocate” in the “upper echelons of Supreme Court practice.” Law360 named her a “Supreme Court Star” and “one of the nation’s preeminent appellate lawyers.” And EmpiricalSCOTUS.com ranked her among “the most successful attorneys that currently practice before the Court.” Mrs. Ho once argued two significant business cases before the Court within the span of 21 days—including a “significant ruling for employers” that “paved a new path for companies paying millions of dollars in retiree health care benefits” (Law360), as well as a landmark administrative law dispute in which “several justices agreed with Ho’s contention that SCOTUS should revisit and overrule its own precedent” (Law360). She also prevailed against the EEOC in a case that the employment defense bar called “good news for employers across the country.” And in “the most important patent case in modern history” according to patent law experts, her argument before the Court was credited for “pick[ing] up two votes that pundits thought unreachable.”
She has appeared before every federal court of appeals in the country, including en banc arguments before the Fourth and Sixth Circuits. She has successfully represented business clients in every circuit, including the First (Pruco Life Insurance Company), Second (Swiss Federation; Rite Aid), Third (Johnson & Johnson), Fourth (Genex Services), Fifth (United Space Alliance LLC; Elliott Co.; MERSCORP; 24 Hour Fitness USA, Inc.; Stream Energy; Health Management Systems), Sixth (Deutsche Bank; American Airlines; M&G Polymers), Seventh (Expedia), Eighth (Cotter), Ninth (Boeing; JP Morgan Chase Bank), Tenth (Mitchell International), Eleventh (AstraZeneca), D.C. (FedEx), and Federal (Repros Therapeutics) Circuits.
In addition, Mrs. Ho regularly appears in state appellate courts across the country. She has argued numerous cases in the Texas Supreme Court, Texas appellate courts in Dallas, Houston, San Antonio, Corpus Christi, and Eastland, and state appellate courts in Arizona, Michigan, New York, Ohio, Oklahoma, and West Virginia, prevailing on behalf of Ford Motor Company, PepsiCo, International Paper, Tenet, GameStop, Deutsche Bank, and Unit.
Government and Public Service Experience
Mrs. Ho has a distinguished record of experience at the highest levels of the federal government. She served as Special Assistant to President George W. Bush, Counselor to Attorney General John Ashcroft, and law clerk to Justice Sandra Day O’Connor of the U.S. Supreme Court and Judge Jacques L. Wiener Jr. of the U.S. Court of Appeals for the Fifth Circuit.
Her record of public service also includes appointments to various boards and commissions. Among the most notable are her election as a member of the Administrative Conference of the United States, a trustee of the United States Supreme Court Historical Society, and a trustee of the Texas Supreme Court Historical Society. She is also vice chair of the Federal Judicial Evaluation Committee, appointed by U.S. Senators John Cornyn and Ted Cruz to evaluate potential appointments of all federal judges and U.S. Attorneys in Texas, and has previously served on the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas.
Other Background Information
An active pro bono litigator, Mrs. Ho works most frequently with the First Liberty Institute and as amicus counsel for the State and Local Legal Center, the National Organization for Victim Assistance, and the National Crime Victim Law Institute. She is a frequent public speaker and active member of the Federalist Society, the American Law Institute, and the Washington Legal Foundation’s Legal Policy Advisory Board.
Mrs. Ho graduated from Duke University magna cum laude with a B.A. in English, Rice University with an M.A. and Ph.D. in English Literature, and the University of Chicago Law School with high honors. She was a member of the Law Review and Order of the Coif. She and her husband Jim, a federal judge, have a twin daughter and son.
Judge, United States Court of Appeals, Fifth Circuit
Judge Smith was appointed U.S. Circuit Judge for the Fifth Circuit by President Reagan and entered on duty in January 1988. He attended public schools in Lubbock, Texas, and graduated from Yale University, receiving a B.A. in 1969 and a J.D. in 1972.
Judge Smith was a Law Clerk to U.S. District Judge Halbert Woodward, Northern District of Texas, 1972-1973; with the Houston law firm of Fulbright & Jaworski as an Associate, 1973-1981, and as Partner, 1981-1984; and as City Attorney, City of Houston, 1984-1988. He was Chairman, Civil Service Commission, City of Houston, 1982-1984; and a Director, Harris County Housing Authority, 1978-1980.
Judge Smith lives in Houston and is married to Mary Jane Smith and has four children: Ruth Ann, Clark, J.J., and Brandon. He formerly was Chair of the Advisory Committee on Federal Rules of Evidence of the Judicial Conference of the United States. He assists LexisNexis/Matthew Bender & Co. in periodic revisions of several chapters of Moore’s Federal Practice.
District Judge, United States District Court for the Northern District of Texas
Judge Brantley Starr was appointed to United States District Court for the Northern District of Texas in August 2019. Before his appointment, Judge Starr was the Deputy First Assistant Attorney General of Texas. Prior to that appointment, he served as Deputy Attorney General for Legal Counsel. From 2011 to 2015, Judge Starr served as career staff attorney to Texas Supreme Court Justice Eva Guzman. From 2008 to 2011, he practiced at King & Spalding, LLP. He served in the Office of the Solicitor General from 2006 to 2008. Prior to that, Judge Starr clerked for then-Justice Don Willett on the Texas Supreme Court after serving at the Office of the Attorney General. Judge Starr received his law degree from the University of Texas School of Law and his bachelor of arts degree from Abilene Christian University in 2001. Judge Starr has taught the Origins of the Constitution Class at the University of Texas law, Texas A&M law, and SMU law.
President, Students for Fair Admissions
Edward Blum is the president of Students for Fair Admissions, a membership organization whose mission is to eliminate racial and ethnic classifications and preferences in school admissions. Shortly after SFFA’s inception in 2014, the group challenged in federal court the racial admissions policies at Harvard and the University of North Carolina-Chapel Hill. In 2023, the United States Supreme Court struck down the use of race as an admissions factor at all colleges and universities.
He is the president of the newly formed American Alliance for Equal Rights which has filed over a dozen lawsuits challenging the use of race by corporations, law firms, venture capital firms and cultural institutions. Mr. Blum also serves as the President of the Project on Fair Representation, a nonprofit legal foundation formed in 2005 that has provided counsel in a number of race-related U.S. Supreme Court cases including, Shelby Co. Alabama v. Holder, Fisher v. University of Texas (I and II) and Evenwel v. Abbott.
Since 2005, Blum has been a visiting fellow at the American Enterprise Institute where he studies legal and policy issues relating to race and ethnicity. He is the author of a book on the Voting Rights Act, numerous essays and law review articles, and is a frequent contributor to the Wall Street Journal, USA Today, Los Angeles Times, Washington Post, and National Review, among others.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
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.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Joseph Tartakovsky, Author of The Lives of the Constitution: Ten Exceptional Minds that Shaped America's Supreme Law.
Joseph Tartakovsky is author of The Lives of the Constitution: Ten Exceptional Minds that Shaped America’s Supreme Law (2018) and the former Deputy Solicitor General of Nevada. His writing has appeared in the New York Times, Wall Street Journal, and Los Angeles Times.
President, Students for Fair Admissions
Edward Blum is the president of Students for Fair Admissions, a membership organization whose mission is to eliminate racial and ethnic classifications and preferences in school admissions. Shortly after SFFA’s inception in 2014, the group challenged in federal court the racial admissions policies at Harvard and the University of North Carolina-Chapel Hill. In 2023, the United States Supreme Court struck down the use of race as an admissions factor at all colleges and universities.
He is the president of the newly formed American Alliance for Equal Rights which has filed over a dozen lawsuits challenging the use of race by corporations, law firms, venture capital firms and cultural institutions. Mr. Blum also serves as the President of the Project on Fair Representation, a nonprofit legal foundation formed in 2005 that has provided counsel in a number of race-related U.S. Supreme Court cases including, Shelby Co. Alabama v. Holder, Fisher v. University of Texas (I and II) and Evenwel v. Abbott.
Since 2005, Blum has been a visiting fellow at the American Enterprise Institute where he studies legal and policy issues relating to race and ethnicity. He is the author of a book on the Voting Rights Act, numerous essays and law review articles, and is a frequent contributor to the Wall Street Journal, USA Today, Los Angeles Times, Washington Post, and National Review, among others.
Assistant Attorney General & Senior Trial Counsel to the Criminal Bureau, Massachusetts Attorney General
General Counsel, House Committee on Homeland Security
Steven Giaier is General Counsel for the Committee on Homeland Security in the U.S. House of Representative. In this role, he serves as the lead staff member on the Committee for all legal issues and legislation action. Over the past several years, he has written several of the most substantial pieces of legislation to move through the Committee and be enacted into law, including the Visa Waiver Program Improvement and Terrorist Travel Prevention Act and the U.S. Customs and Border Protection Authorization Act. Mr. Giaier formerly served as parliamentary advisor to Congressman Peter King during King’s tenure as chairman of the Homeland Security Committee from 2011-2013. He recently coauthored “Turf Wars: How a Jurisdictional Quagmire in Congress Compromises Homeland Security,” published by the New York University Journal of Legislation and Public Policy in the summer of 2015.
Panel One: Executive Power Over Immigration
2017 Annual Texas Chapters Conference
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