Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Partner, McGuireWoods
Leveraging his background as former deputy director of the Office of Federal Contract Compliance Programs (OFCCP), a role in which he managed the agency's enforcement and policymaking activities, Bill defends clients in enforcement litigation, audits, and complaint investigations brought by the OFCCP.
Bill focuses his practice onOFCCP-related compliance issues, including matters of agency jurisdiction, privileged compensation self-evaluations and adverse impact analyses, Affirmative Action Program development and implementation, and Internet Applicant requirements.
He also defends systemic discrimination claims investigated or brought by the U.S. Equal Employment Opportunity Commission (EEOC). And when clients embark on workforce reduction implementation, Bill also provides assistance with federal law matters like privileged statistical risk studies and compliance withOlder Workers Benefit Protection Act (OWBPA), and the Worker Adjustment and Retraining Notification Act (WARN).
Bill has more than two decades of experience assisting clients across a broad range of industries, including petrochemical, energy, consumer products, manufacturing, technology, transportation, retail, pharmaceuticals, and financial services.
Bill is an active participant in community affairs and pro bono work. He has an active federal pro bono practice helping veterans obtain U.S. Department of Veterans Affairs (VA) benefits. He served as lead counsel in Military Order of the Purple Heart v. Sec’y of Veterans Affairs, 580 F.3d 1293 (Fed. Cir. 2009) (invalidating VA’s “extraordinary award review,” and thereby precluding VA from annuallyoverturning 400 benefits awards of $25,000 or more to veterans).
Litigation Counsel, New Civil Liberties Alliance
Kara Rollins, Litigation Counsel, comes to NCLA with experience in vindicating client’s rights from agency overreach and holding the administrative state accountable through government transparency projects. Before joining NCLA, Kara was Counsel for Cause of Action Institute where she represented clients in various Federal Trade Commission enforcement actions. She also engaged in strategic research and oversight of Executive Branch agencies, focusing on administrative rulemaking and government oversight and compliance. Prior to joining the Cause of Action Institute in 2016, she clerked for the Hon. Karen M. Cassidy, A.J.S.C. in the Superior Court of New Jersey, Union Vicinage. Preceding her legal career, Kara served as the Political Programs Manager for the National Federation of Independent Business, where she worked with small business owners throughout the country and learned firsthand about the adverse impact the regulatory state has on individuals.
Kara graduated with honors from Rutgers College, Rutgers University with a B.A. in Political Science in 2007, and cum laude from Catholic University’s Columbus School of Law in 2014. During law school, she was a member of The Catholic University Law Review and a Moot Court Associate for the Seigenthaler-Sutherland Cup National First Amendment Moot Court Competition.
Kara is admitted to practice in the District of Columbia, New York, and New Jersey, as well as to the U.S. District Court for the District of Columbia, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court.
Her work has been published on The Hill.com.
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.
Aeron Van Scoyk is a Law Clerk with the NFIB Small Business Legal Center and a student at U.C. Davis School of Law.
Partner, Conner & Winters
Donn C. Meindertsma is a partner in the Washington, DC office of Conner & Winters.
Shareholder and Co-Chair, Workplace Safety & Health (OSHA/MSHA) Practice Group, Littler Mendelson P.C.
Bradford T. Hammock's national practice focuses on all aspects of occupational safety and health law. In particular, he provides invaluable assistance to employers in a preventive practice, including: conducting full-scale safety and health compliance audits; reviewing and revising corporate safety and health policies; and conducting manager and supervisor training on employee safety and health
Mr. Hammock works closely with employers to help them understand and implement safety and health management systems. In addition, he represents employers throughout OSHA rulemaking proceedings, including OSHA’s informal public hearings on proposed rules. He also defends employers against OSHA enforcement actions. For an employer that is the target of an OSHA inspection, he offers representation from the start of the inspection through settlement or litigation.
Prior to joining Littler, Mr. Hammock was the Washington, D.C. region office managing principal of a large national firm representing management in workplace law matters. He was previously an OSHA attorney within the Department of Labor, serving as lead counsel for safety standards. He is widely regarded as one of the nation’s most knowledgeable attorneys on the topics of OSHA recordkeeping, crystalline silica, and ergonomics.
Mr. Hammock is a popular guest speaker and lecturer on OSHA issues. He has published numerous articles on occupational safety and health law. While attending law school, he was editor-in-chief of the Syracuse Journal of International Law and Commerce, and associate editor of The Labor Lawyer.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Partner, McGuireWoods
Leveraging his background as former deputy director of the Office of Federal Contract Compliance Programs (OFCCP), a role in which he managed the agency's enforcement and policymaking activities, Bill defends clients in enforcement litigation, audits, and complaint investigations brought by the OFCCP.
Bill focuses his practice onOFCCP-related compliance issues, including matters of agency jurisdiction, privileged compensation self-evaluations and adverse impact analyses, Affirmative Action Program development and implementation, and Internet Applicant requirements.
He also defends systemic discrimination claims investigated or brought by the U.S. Equal Employment Opportunity Commission (EEOC). And when clients embark on workforce reduction implementation, Bill also provides assistance with federal law matters like privileged statistical risk studies and compliance withOlder Workers Benefit Protection Act (OWBPA), and the Worker Adjustment and Retraining Notification Act (WARN).
Bill has more than two decades of experience assisting clients across a broad range of industries, including petrochemical, energy, consumer products, manufacturing, technology, transportation, retail, pharmaceuticals, and financial services.
Bill is an active participant in community affairs and pro bono work. He has an active federal pro bono practice helping veterans obtain U.S. Department of Veterans Affairs (VA) benefits. He served as lead counsel in Military Order of the Purple Heart v. Sec’y of Veterans Affairs, 580 F.3d 1293 (Fed. Cir. 2009) (invalidating VA’s “extraordinary award review,” and thereby precluding VA from annuallyoverturning 400 benefits awards of $25,000 or more to veterans).
Litigation Counsel, New Civil Liberties Alliance
Kara Rollins, Litigation Counsel, comes to NCLA with experience in vindicating client’s rights from agency overreach and holding the administrative state accountable through government transparency projects. Before joining NCLA, Kara was Counsel for Cause of Action Institute where she represented clients in various Federal Trade Commission enforcement actions. She also engaged in strategic research and oversight of Executive Branch agencies, focusing on administrative rulemaking and government oversight and compliance. Prior to joining the Cause of Action Institute in 2016, she clerked for the Hon. Karen M. Cassidy, A.J.S.C. in the Superior Court of New Jersey, Union Vicinage. Preceding her legal career, Kara served as the Political Programs Manager for the National Federation of Independent Business, where she worked with small business owners throughout the country and learned firsthand about the adverse impact the regulatory state has on individuals.
Kara graduated with honors from Rutgers College, Rutgers University with a B.A. in Political Science in 2007, and cum laude from Catholic University’s Columbus School of Law in 2014. During law school, she was a member of The Catholic University Law Review and a Moot Court Associate for the Seigenthaler-Sutherland Cup National First Amendment Moot Court Competition.
Kara is admitted to practice in the District of Columbia, New York, and New Jersey, as well as to the U.S. District Court for the District of Columbia, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court.
Her work has been published on The Hill.com.
Shareholder and Co-Chair, Workplace Safety & Health (OSHA/MSHA) Practice Group, Littler Mendelson P.C.
Bradford T. Hammock's national practice focuses on all aspects of occupational safety and health law. In particular, he provides invaluable assistance to employers in a preventive practice, including: conducting full-scale safety and health compliance audits; reviewing and revising corporate safety and health policies; and conducting manager and supervisor training on employee safety and health
Mr. Hammock works closely with employers to help them understand and implement safety and health management systems. In addition, he represents employers throughout OSHA rulemaking proceedings, including OSHA’s informal public hearings on proposed rules. He also defends employers against OSHA enforcement actions. For an employer that is the target of an OSHA inspection, he offers representation from the start of the inspection through settlement or litigation.
Prior to joining Littler, Mr. Hammock was the Washington, D.C. region office managing principal of a large national firm representing management in workplace law matters. He was previously an OSHA attorney within the Department of Labor, serving as lead counsel for safety standards. He is widely regarded as one of the nation’s most knowledgeable attorneys on the topics of OSHA recordkeeping, crystalline silica, and ergonomics.
Mr. Hammock is a popular guest speaker and lecturer on OSHA issues. He has published numerous articles on occupational safety and health law. While attending law school, he was editor-in-chief of the Syracuse Journal of International Law and Commerce, and associate editor of The Labor Lawyer.
2020 Civil Justice Update
Mark A. Behrens
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Adjudicating Employment Discrimination in Federal Contracting: Is OFCCP Regulating Without Authority?
Mark Chenoweth, William Doyle, Kara Rollins
In the landmark Title VII of the Civil Rights Act of 1964, Congress legislated a...
Adjudicating Employment Discrimination in Federal Contracting: Is OFCCP Regulating Without Authority?
Administrative Law Practice Group Teleforum
TeleforumKisor v. Wilkie Makes Auer a Paper Tiger
Karen Harned, Aeron Van Scoyk
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Whistling in Chevronland: Why Department of Labor Interpretations of the Sarbanes-Oxley Act Whistleblower Provisions Do Not Deserve Judicial Deference
Donn C. Meindertsma
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
OSHA in 2019: A Review of What has Occurred and a Look Ahead
Bradford T. Hammock
The Occupational Safety and Health Administration (OSHA) continues to make headlines in both the regulatory...
OSHA in 2019: A Review of What has Occurred and a Look Ahead
TeleforumTopics
Recognizing the Congressional Review Act’s Full Potential
For twenty years, the Congressional Review Act lay dormant. But recent action from all three...
Topics
OSHA Drones in the Workplace?
“That buzzing noise over a construction site could be an OSHA drone searching for safety...
Topics
Liberty Month Revisited: Embracing Delegation
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...