Partner, O’Melveny & Myers
Brian P. Brooks is the Managing Partner of Valor Capital Group. He has served as CEO of the Bitfury Group and CEO of digital asset exchange and marketplace Binance.US.
Mr. Brooks became Acting Comptroller of the Currency upon the resignation of the 31st Comptroller of the Currency Joseph M. Otting as a result of his designation as First Deputy Comptroller by Treasury Secretary Steven T. Mnuchin pursuant to his authority under 12 USC § 4.
As Acting Comptroller of the Currency, Mr. Brooks was the administrator of the federal banking system and chief officer of the Office of the Comptroller of the Currency (OCC). The OCC supervises nearly 1,200 national banks, federal savings associations, and federal branches and agencies of foreign banks that conduct approximately 70% of all banking business in the United States. The mission of the OCC is to ensure that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.
The Comptroller also serves as a director of the Federal Deposit Insurance Corporation and a member of the Financial Stability Oversight Council and the Federal Financial Institutions Examination Council.
Prior to becoming Acting Comptroller, Mr. Brooks served as Senior Deputy Comptroller and Chief Operating Officer. In this role, he oversaw OCC bank supervision, bank supervision policy, economics, supervisory system and analytical support, systemic risk identification support and specialty supervision, and innovation. He also served as a member of the OCC's Executive Committee and was the Chair of the Technology and Systems Subcommittee, since joining the agency in April 2020.
Prior to joining the OCC, Mr. Brooks served as Chief Legal Officer of Coinbase Global, Inc., where he headed the legal, compliance, audit, investigations, and government relations functions for the company, which served 20 million customers. He held this position since September 2018.
From 2014-2018, Mr. Brooks served as Executive Vice President, General Counsel, and Corporate Secretary of the $3.2 trillion Fannie Mae. Prior to joining Fannie Mae, he served as a Vice Chairman of OneWest Bank, N.A., from 2011 to 2014. Prior to joining OneWest, he served managing partner of the Washington, D.C. office of the global law firm O'Melveny & Myers LLP, where he also served as chair of the firm's financial services practice group. Prior to joining the OCC, Mr. Brooks also served on the Boards of Directors of Avant, Inc. and Fannie Mae, and also served as an advisor to a number of technology startups.
Mr. Brooks holds a bachelor’s degree from Harvard University in government and a law degree from the University of Chicago.
Agnes Williams Sesquicentennial Professor of Financial Technology, Georgetown Law
Chris Brummer is the Agnes Williams Sesquicentennial Professor of Financial Technology at Georgetown University Law Center and the Faculty Director of Georgetown’s Institute of International Economic Law. As a professor, advisor, board member and advocate, Chris has lent his expertise to policymakers, founders, startups, and nonprofits around the world grappling with some of the most challenging puzzles facing innovation, regulation, and inclusion. His work has been featured in The New York Times, CNN, Marketwatch, Fast Company, The Wall Street Journal, Bloomberg, Yahoo Money, Roll Call, Cointelegraph, and Coin Desk, among others.
Chris’s public service and volunteer work extend across government. In addition to serving as a member of the Commodity Futures Trading Commission’s Subcommittee on Virtual Currencies and the Consultative Working Group for the European Securities and Markets Authority’s Financial Innovation Standing Committee, Chris has served as a member of the National Adjudicatory Council of FINRA. Most recently, he served as a member of the Biden-Harris Transition team, assisting in leading work streams relating to financial technology, racial equity and systemic risk for the Treasury ART. He is currently the Co-Chair of CNAS Task Force on FinTech, Crypto, and National Security.
A frequent speaker and lecturer, Chris was asked to deliver the keynote speech for the SEC’s Black History celebration in 2021, FinCEN’s Black History celebration in 2022, and the Office of the Comptroller of the Currency’s celebration in 2023.
Chris graduated summa cum laude from Washington University in St. Louis, holds a J.D. with honors from Columbia Law School and a Ph.D. from the University of Chicago. He is the author or editor of several books, including Cryptoassets: Legal, Regulatory and Monetary Perspectives and Fintech Law in a Nutshell.
Chris is the host of CQ Roll Call’s Fintech Beat podcast, and founder of Washington DC’s Fintech Week, an annual free event for the public.
Judge, United States Court of Appeals, Ninth Circuit
Patrick J. Bumatay was confirmed as a U.S. Circuit Judge for the U.S. Court of Appeals for the Ninth Circuit in December 2019. He is based in San Diego, California.
Prior to his appointment, Judge Bumatay served as an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of California, where he was a member of the Appellate and Narcotics Sections. He also served as a Counselor to the Attorney General on criminal law issues, including on national opioid strategy and combating transnational organized crime.
Judge Bumatay has also worked in the Office of the Deputy Attorney General, the Office of the Associate Attorney General, and the Office of Legal Policy at the U.S. Department of Justice. Judge Bumatay has twice received the Attorney General’s Distinguished Service Award.
Judge Bumatay previously worked as an associate at Morvillo, Abramowitz, Grand, Iason, and Bohrer in New York, New York. Judge Bumatay clerked for the Honorable Timothy M. Tymkovich of the U.S. Court of Appeals for the Tenth Circuit and the Honorable Sandra L. Townes of the U.S. District Court for the Eastern District of New York. Judge Bumatay earned his B.A., cum laude, from Yale University and his J.D. from Harvard Law School.
John J. Flynn Endowed Professor of Law, University of Utah S.J. Quinney College of Law
Christopher Peterson is the John J. Flynn Endowed Professor of Law at the University of Utah's S.J. Quinney College of Law. He previously served as a Special Advisor in the Office of the Director at the United States Consumer Financial Protection Bureau, as a Special Advisor in the Office of Legal Policy for Personnel and Readiness in the United States Department of Defense, and as Senior Counsel for Enforcement Policy and Strategy in the Consumer Financial Protection Bureau's Office of Enforcement. Professor Peterson has written dozens of scholarly articles and published three books on consumer finance. He has frequently testified in Congressional hearings and has presented his research to the Federal Deposit Insurance Corporation, the Federal Reserve Board of Governors, and at the White House in both Democratic and Republican administrations. He is a fellow of the American College of Consumer Financial Services Lawyers, the American Bar Association's Consumer Financial Services Committee, and serves on the community advisory board of the American Fintech Council. Professor Peterson is a recipient of the National Association of Consumer Agency Administrators’ Consumer Advocate of the Year award and the Pentagon’s Office of the Secretary of Defense Award for Excellence.
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.
General Counsel, xAI and X
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Partner, Keller Postman
Ashley Keller is one of the founding Partners of Keller Postman LLC. An experienced trial and appellate lawyer, Ashley helps set strategic direction across virtually all of the firm’s cases. He represents clients in a wide variety of practice areas and types of claims, including product-liability, antitrust, class action, and arbitration matters.
Ashley is one of the leaders of Keller Postman’s national product-liability practice. He leverages his ability to detangle complex concepts and develop novel legal theories to support individual client matters and as counsel on numerous product-liability multidistrict litigation matters. He chairs the plaintiffs’ Law & Briefing Committee in the Zantac (Ranitidine) Product Liability MDL in the U.S. District Court for the Southern District of Florida.
Ashley also litigates complex antitrust and class action matters. Among his notable cases, Ashley represents numerous States in antitrust litigation against Google for monopolizing products and services used by advertisers and publishers in online-display advertising.
Ashley also has played a central role in developing the firm’s pioneering arbitration practice, which includes pursuing individual arbitrations for clients whose claims are subject to arbitration clauses with class-action waivers. In part through managing the complexity of pursuing these individual claims simultaneously, the firm has secured millions in settlements for more than 500,000 employees and consumers.
Before launching Keller Postman, Ashley co-founded the litigation finance firm Gerchen Keller Capital, which grew to more than $1.3 billion in assets under management and was the world’s largest private investment manager focused on legal and regulatory risk prior to being acquired by Burford Capital in 2016.
Previously, Ashley was a partner at Bartlit Beck Herman Palenchar & Scott LLP, The American Lawyer’s litigation boutique of the year. While there, he handled various trial and appellate matters involving multi-billion-dollar securities and patent cases, contract disputes, mass torts, and class actions.
Ashley also worked as an analyst at Alyeska Investment Group, a Chicago-based market-neutral hedge fund, where he focused on investments in companies facing litigation and other complicated regulatory matters.
Ashley was named a 2021 Plaintiffs’ Lawyers Trailblazer by the National Law Journal. He is also listed on Lawdragon’s 500 Leading Lawyers in America, Lawdragon’s 500 Leading Plaintiff Consumer Lawyers, Lawdragon’s Leading Plaintiff Financial Lawyers, National Trial Lawyers’ Top 100, and Illinois Super Lawyers.
Ashley was a law clerk for Justice Anthony M. Kennedy at the Supreme Court of the United States and Judge Richard Posner at the U.S. Court of Appeals for the Seventh Circuit. He graduated magna cum laude from Harvard College, received his M.B.A. from the University of Chicago Booth School of Business and received his J.D. from the University of Chicago Law School, where he graduated first in his class.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Brandon Smith is a partner at Holtzman Vogel, based in Tennessee, where he focuses on government investigations, white collar matters, and specialty litigation. A seasoned government leader and legal strategist, Brandon has played a central role in shaping conservative policy and litigation at the highest levels of state government.
Before joining the firm, Brandon served as Chief of Staff and Assistant Solicitor General in the Tennessee Attorney General’s Office. In that role, he led multi-state litigation, high-profile constitutional challenges, and efforts to counter federal overreach and ESG-related corporate activism. He worked closely with nearly every Republican Attorney General’s Office in the country, coordinating litigation, strategy, and multi-state policy efforts.
Earlier in his career, Brandon served as Executive Director of Legislative and Regulatory Affairs for Kentucky Governor Matt Bevin and as Policy Director to Kansas Governor Sam Brownback, where he helped drive key legislative and budget initiatives. He also held roles as Deputy Director of the Federalist Society and as an adjunct professor at American University.
Brandon’s career has been defined by a commitment to defending federalism, advancing conservative governance, and shaping legal and policy fights that matter.
Deputy Attorney General, Civil Litigation, Texas Attorney General
James Lloyd is the Deputy Attorney General for Civil Litigation for the Texas Attorney General. He serves alongside over 600 lawyers and staff across eleven practice groups handling more than 35,000 cases involving the State of Texas. James also serves as Chief of the Antitrust Division, leading the enforcement of state and federal antitrust laws and representing the interests of Texas in national antitrust matters alongside federal enforcers.
James previously practiced at global law firms Sidley Austin LLP and Mayer Brown LLP, managing a range of high-profile matters for public and private companies. He began his legal career as a law clerk to Justice David Medina on the Texas Supreme Court.
James has served in a variety of roles in public service. He is currently an Intelligence Officer in the U.S. Navy Reserve, assigned to the Commander of the U.S. Pacific Fleet. James served on the Presidential Transition Team for President Donald Trump, where he advised on financial regulatory policy and led the transition of the U.S. Securities and Exchange Commission. James previously served at the White House as Senior Writer to President George W. Bush. He was also a member of the national security staff, coordinating policymaking and oversight with senior officials among the Cabinet departments and agencies.
James received his J.D. from The University of Texas School of Law, where he was Articles Editor for the Texas Law Review and a teaching assistant to Admiral Bobby Inman. He earned his bachelor’s degree from Rice University, where he was student body president and received the Joseph Cooper Prize in Public Policy.
A seventh-generation Texan, James comes from a family of litigators, including his mother, his sister, and his father who has served over 18 years on the Texas judiciary. James is Chair of the State Bar of Texas Antitrust and Business Litigation Section and serves on the Executive Committee of The Federalist Society’s Corporations, Securities, and Antitrust Practice Group.
James has spent over a decade as a volunteer attorney for veterans legal clinics in Houston and Austin. He is also a member of the Legal Affairs Roundtable for the Intelligence and National Security Alliance (INSA) and is also a longtime supporter of the Houston Livestock Show and Rodeo, serving on the Mutton Bustin' Committee.
Levin, Mabie & Levin Professor of Law, University of Florida Levin College of Law
Professor Lynn M. LoPucki comes to UF in August 2022 from the UCLA School of Law where he taught Secured Transactions and Business Associations for twenty-two years. His Stakeholder Takeover Project is an effort to provide corporate stakeholders with the information they need to control corporations through markets. For example, the Project website ranks the S&P 500 companies by their greenhouse gas emissions. The UC Davis Law Review published the first Project article, Repurposing the Corporation Through Stakeholder Markets, in February 2022 and will publish the second, Corporate Greenhouse Gas Disclosures, in November.
Professor LoPucki has published more than seventy-five articles in highly regarded law reviews, including the Yale Law Journal, Stanford Law Review, University of Chicago Law Review, University of Michigan Law Review, University of Pennsylvania Law Review, Virginia Law Review, Cornell Law Review, Duke Law Journal, and Northwestern University Law Review. He co-authors three Aspen Casebooks: Business Associations: A Systems Approach (2020) (with Andrew Verstein); Secured Transactions: A Systems Approach (9th edition with Elizabeth Warren and Robert M. Lawless), and Commercial Transactions: A Systems Approach (7th edition with Elizabeth Warren, Daniel L. Keating, Ronald Mann, and Robert M. Lawless).
Since 1994, the Florida-UCLA-LoPucki Bankruptcy Research Database has collected large, public company bankruptcy data and disseminated it to the public and to bankruptcy researchers throughout the world. Those data provided the foundation for Professor LoPucki’s books, Courting Failure: How Competition for Big Cases is Corrupting the Bankruptcy Courts (University of Michigan Press 2005) and Professional Fees in Corporate Bankruptcies: Data, Analysis, and Evaluation (Oxford University Press, 2011) (with Joseph Doherty).
Partner, Fusion Law, PLLC
Paul is the founding partner of Fusion Law, PLLC. He has extensive experience with state, federal, and global regulators building coalitions and implementing policies to promote innovation in financial services. He is responsible for designing and implementing the first state (Arizona) and federal (CFPB) FinTech sandboxes in the United States. He also designed the CFPB no-action letter and trial disclosure policies. He helped found the first global regulatory innovation coalition (Global Financial Innovation Network) and led the founding of the first U.S. regulatory innovation coalition (American Consumer Financial Innovation Network). He served on the Financial Stability Oversight Council subcommittee on digital assets. He also has drafted state-level laws on blockchain and utility tokens.
Paul also has significant enforcement and litigation experience. He led many multi-state consumer protection enforcement matters as Civil Litigation Division Chief at the Arizona Attorney General’s Office.
Prior to his government service, Paul practiced law in the areas of securities litigation and transactional work for approximately six years at two well-known law firms. He also clerked on the U.S. Court of Appeals for the Fourth Circuit.
Head of Corporate Governance, Strive Asset Management
Justin Danhof is the Head of Corporate Governance at Strive Asset Management. Previously, he served as General Counsel for the National Center for Public Policy Research, as well as Director of the Center’s Free Enterprise Project. He also worked in the Miami-Dade State’s Attorney’s Office in the Economic Crimes and Cybercrimes Division, for the Massachusetts Alliance for Economic Development and at the U.S. Securities and Exchange Commission.
Mr. Danhof’s work has been widely published and quoted in major newspapers, including the Wall Street Journal, the New York Times, Politico, USA Today, the Los Angeles Times, the San Francisco Chronicle, the Boston Globe, the Christian Science Monitor, and the Washington Post. He has also appeared on the Fox News Channel, One America News Network, and the Fox Business Channel, among others.
Mr. Danhof is a member of the Federalist Society and Christian Legal Society.
Mr. Danhof is a graduate of Bentley University (Waltham, MA), where he received a Bachelor of Science in economics and finance and pitched for three seasons on the school’s NCAA Division II baseball team. Mr. Danhof completed his graduate studies at the University of Miami School of Law where he received his Juris Doctor and Master of Laws in Taxation.
Mr. Danhof is licensed to practice law in New York and Washington, D.C.
Professor of Law, Northwestern University Pritzker School of Law
Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
Director of Research, American Economic Liberties Project
Matt Stoller is a public intellectual who writes about the American anti-monopoly
tradition. He is the author of the Simon and Schuster book Goliath: The Hundred Year
War Between Monopoly Power and Democracy. Stoller is the Director of Research at
the American Economic Liberties Project. He publishes an email newsletter called BIG.
Stoller is a former policy advisor to the Senate Budget Committee, and worked in the House of Representatives on the Dodd–Frank Wall Street Reform Act.
He has lectured on competition policy and media at Columbia University, Harvard Law, Duke Law, Bertelsmann Foundation, Vrije Universiteit Brussel, West Point and the National Communications Commission of Taiwan. His writing has appeared in the Washington Post, the New York Times, Fast Company, Foreign Policy, the Guardian, Vice, The American Conservative, and the Baffler.
He has also produced for MSNBC and starred in a short-lived television show on FX called Brand X with Russell Brand.
Hyperextension? Federal Financial Agencies & Cryptocurrency Regulation
Brian P. Brooks, Chris Brummer, Patrick J. Bumatay, Caitlin Long, Christopher L. Peterson
In recent years federal executive branch agencies have enacted a “whole of government” approach to...
A discussion within the right: Why is there not a larger conservative plaintiffs' bar?
Mark A. Behrens, James M. Burnham, Andrew N. Ferguson, Ashley Keller, Brandon J. Smith
For decades, the plaintiffs' bar has been populated by liberal lawyers who support left-wing elected...
How Reliable are Corporate ESG Ratings?
James R. Lloyd, Lynn M. LoPucki, Paul N. Watkins, Justin Danhof
Environmental, Social, and Corporate Governance (ESG) investing has grown in popularity in recent years. As...
Open Minds: Who is Exercising Private Power and What Do They Control? Part 2
Joshua Kleinfeld, Matt Stoller
In the second part of this interview, Matt and Prof. Kleinfeld discuss the roots of...
Topics
We Three Kings: Lacking Representation in Index Fund Corporate Governance
Do you know who the largest investor in 9 out of 10 public companies is?...