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.
Of Counsel, Shook Hardy & Bacon LLP
Chris’ public policy work focuses on tort law and civil justice system reform. His work is generally divided among legislative efforts, appellate litigation, and liability counseling. Chris has drafted model legislation to be introduced on the state and federal level, testified on numerous legislative initiatives, and authored amicus briefs to state supreme courts and federal appellate courts, including the U.S. Supreme Court. He also serves as an adviser to various business groups and trade associations interested in tort liability issues and civil justice system reform.
In addition, Chris is an elected member of the American Law Institute (ALI), and has assisted in the development of a variety of ALI projects implicating liability law. He has also been a recurrent guest lecturer at the U.S. Department of Justice and Wake Forest University School of Law, as well as a speaker at numerous legal conferences and industry group meetings, on issues related to tort law. Chris has additionally produced significant scholarship in the area of liability law. He has authored more than 50 legal publications on a wide range of liability issues, including articles in the Harvard Journal of Law & Public Policy, UPenn Journal of Business Law, and Duke Journal of Constitutional Law & Public Policy, and has served as a contributor to tort casebooks.
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.
Deputy Director, Central Intelligence Agency
Michael Ellis was sworn in as Deputy Director of the Central Intelligence Agency on February 10, 2025. Deputy Director Ellis has held a variety of senior national security positions, including General Counsel of the National Security Agency and Senior Director for Intelligence Programs at the National Security Council.
Deputy Director Ellis previously served in the White House Counsel's Office, providing legal advice on national security and foreign relations. Prior to the White House, he was General Counsel of the U.S. House of Representatives Permanent Select Committee on Intelligence and served as an intelligence officer in the U.S. Navy Reserve.
Before returning to government, Deputy Director Ellis was the General Counsel of Rumble, a publicly traded video sharing platform and cloud services provider.
Deputy Director Ellis is a graduate of Yale Law School and Dartmouth College. Following law school, he served as a clerk to two federal judges. He is a "Jeopardy!" champion.
Daniel Morton-Bentley is a member of the Massachusetts bar and an LL.M student at Suffolk University Law School. He graduated cum laude from Roger Williams University School of Law in Bristol, Rhode Island.
United States Court of Appeals, Second Circuit
Dennis Jacobs is the Chief Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on October 1, 2006. At the time of his appointment in 1992, he was a partner in the New York law firm of Simpson Thacher & Bartlett.
Judge Jacobs received his B.A. degree from Queens College of the City University of New York in 1964; his M.A. degree from New York University in 1965; and his J.D. degree from the New York University School of Law in 1973.
Judge Jacobs was a lecturer in the English Department of Queens College of the City University of New York from 1967 until 1969. He was in private practice from 1973 with the New York law firm of Simpson, Thacher & Bartlett, serving as a partner there from 1980 until his judicial appointment.
In 1997-2004, Judge Jacobs was a member of the Committee on Judicial Resources of the Judicial Conference of the United States; starting in 1999 he was chair of that committee.
Judge Jacobs is a native of New York City.
Partner, Weintraub, Stock, Grisham, PC
(Partner) born Memphis, Tennessee, April 30, 1954; admitted to bar, 1981, Tennessee and U.S. District Court, Western, Middle and Eastern Districts of Tennessee; U.S. District Court, Eastern and Western Districts of Arkansas; U.S. District Court, District of Colorado; U.S. Court of Appeals, Sixth, Eighth, Ninth, Tenth and Eleventh Circuits; U.S. Supreme Court.
Education: University of Memphis (B.S., Ed., 1976; J.D., 1980). Phi Delta Phi. Listed: The Best Lawyers of America; Mid-South Super Lawyers. Contributing Editor, The Developing Labor Law. Frequent Speaker, Labor and Employment seminars nationally and internationally. Board Member: Metropolitan Board YMCA; National Assembly YMCA; Orphanos Foundation Base Institute. Adjunct Professor, Business College, Union University.
Member: Memphis (Member: Alternate Dispute Resolution Committee; Employment and Labor Law Section) and Tennessee (Member, Labor and Employment Section) Bar Associations; The Federalist Society (Co-Chair, Memphis Lawyers' Chapter, 2000—). Practice Areas: Employment Law; Litigation; Labor Relations Law; Construction Contract Law.
Law School: University of Memphis, J.D., 1980
College: University of Memphis, B.S., Ed., 1976
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
2015 Civil Justice Update
Mark A. Behrens, Christopher Appel
This paper recaps key civil justice reforms that occurred in 2015. Part I focuses on...
Topics
Enough Is Enough: Justice Scalia, Auer Deference, and Judicial Duty
It is one of the most fundamental principles of Anglo-American law: No person may be...
Topics
Department of Labor and National Labor Relations Board Push Envelope of Executive Overreach
Much has been written, including on this blog, about the perceived uptick in the amount...
Labor Rules: Union Walk Around Rule and Broadened Joint Employer Standard
Karen Harned
Note from the Editor: This article is about new labor rules, including the so-called union...
Maryland Court of Appeals Limits Asbestos Liability
Michael J. Ellis
For decades, asbestos cases have wound their way through state and federal courts. The first...
Two Guiding Trends in Contemporary Labor and Employment Law: Technology and Fairness
Daniel Morton-Bentley
There are two primary trends guiding contemporary labor and employment law. The first is the...
Lawyers at War
Dennis Jacobs
Dennis Jacobs is a judge on the United States Court of Appeals for the Second Circuit....
Bar Watch Bulletin February 12, 2007
Today, we report from the ABA House of Delegates Meeting. Most of the recommendations were...
Testing the Waters of Sarbanes-Oxley Whistleblower Claims
James H. Stock
It has been nearly five years since Congress, in the aftermath of several corporate scandals,...
Washington Supreme Court: Laws Suspending Licenses & Regulating Ergonomics Upheld
Publius
In Amunrud v. Board of Appeals (Wash. 2006), the Washington Supreme Court upheld (6 to...