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.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Senior Fellow, Center for Energy and Environment, Competitive Enterprise Institute
Christopher C. Horner serves as a Senior Fellow at CEI. As an attorney in Washington, DC Horner has represented CEI as well as scientists and Members of the U.S. House and Senate on matters of environmental policy in the federal courts including the Supreme Court. He has written on numerous topics in publications ranging from law reviews to legal and industrial trade journals to print and online opinion pages, and is the author of two best-selling books: Red Hot Lies: How Global Warming Alarmists Use Threats, Fraud and Deception to Keep You Misinformed (Regnery, 2008) and The Politically Incorrect Guide to Global Warming and Environmentalism (Regnery, 2007), which spent half of 2007 on the New York Times bestseller list.
Horner has testified before the United States Senate Committees on Foreign Relations and Environment and Public Works, and works on a legal and policy level with numerous think tanks and policy organizations throughout the world. He has given numerous addresses to audiences in the European Parliament in Strasbourg and Brussels, and before policymakers in European capitals including London, Rome, Prague, Copenhagen, Madrid and Warsaw, on topics ranging from rail deregulation and unfunded pension liability to all manner of energy and environment issues. Horner serves on the international law practice group’s executive committee for an internationally respected assembly of lawyers, and has provided counsel and work product on other matters including intellectual property, WTO proceedings and treaty law and policy.
Greenpeace has repeatedly targeted Mr. Horner, by stealing his garbage on a weekly basis, issuing press releases announcing with whom he dines and including him in various other hysterical publications including most recently "A Field Guide to Climate Criminals" distributed at the UN climate meeting in Montreal in December 2005.
Mr. Horner has provided legal, policy and political commentary several hundred times each on both television and radio, in the United States, Europe, Canada, and Australia, including scores of visits each on the Fox News Channel, Court TV, MSNBC with repeat visits on The News Hour with Jim Lehrer, BBC, CNN, CNN International, ITN, CBC, Bloomberg and Reuters Television. Mr. Horner has also been a guest on The Daily Show with Jon Stewart. He has guest hosted television commentary programs and makes weekly appearances on and regularly guest hosts nationally and regionally syndicated radio shows in America.
He has been a frequent contributor in the Washington Times, National Review Online and TechCentralStation.com opinion pages, is a guest columnist for United Press International and OpinionEditorials.com, and has regularly contributed to the Brussels legislative news magazine EU Reporter .
Horner also regularly writes for Energy Tribune and Spain's Actualidad Economica.
He received his Juris Doctorate from Washington University in St. Louis where he received the Judge Samuel Breckenridge Award for Advocacy.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Senior Fellow, Center for Energy and Environment, Competitive Enterprise Institute
Christopher C. Horner serves as a Senior Fellow at CEI. As an attorney in Washington, DC Horner has represented CEI as well as scientists and Members of the U.S. House and Senate on matters of environmental policy in the federal courts including the Supreme Court. He has written on numerous topics in publications ranging from law reviews to legal and industrial trade journals to print and online opinion pages, and is the author of two best-selling books: Red Hot Lies: How Global Warming Alarmists Use Threats, Fraud and Deception to Keep You Misinformed (Regnery, 2008) and The Politically Incorrect Guide to Global Warming and Environmentalism (Regnery, 2007), which spent half of 2007 on the New York Times bestseller list.
Horner has testified before the United States Senate Committees on Foreign Relations and Environment and Public Works, and works on a legal and policy level with numerous think tanks and policy organizations throughout the world. He has given numerous addresses to audiences in the European Parliament in Strasbourg and Brussels, and before policymakers in European capitals including London, Rome, Prague, Copenhagen, Madrid and Warsaw, on topics ranging from rail deregulation and unfunded pension liability to all manner of energy and environment issues. Horner serves on the international law practice group’s executive committee for an internationally respected assembly of lawyers, and has provided counsel and work product on other matters including intellectual property, WTO proceedings and treaty law and policy.
Greenpeace has repeatedly targeted Mr. Horner, by stealing his garbage on a weekly basis, issuing press releases announcing with whom he dines and including him in various other hysterical publications including most recently "A Field Guide to Climate Criminals" distributed at the UN climate meeting in Montreal in December 2005.
Mr. Horner has provided legal, policy and political commentary several hundred times each on both television and radio, in the United States, Europe, Canada, and Australia, including scores of visits each on the Fox News Channel, Court TV, MSNBC with repeat visits on The News Hour with Jim Lehrer, BBC, CNN, CNN International, ITN, CBC, Bloomberg and Reuters Television. Mr. Horner has also been a guest on The Daily Show with Jon Stewart. He has guest hosted television commentary programs and makes weekly appearances on and regularly guest hosts nationally and regionally syndicated radio shows in America.
He has been a frequent contributor in the Washington Times, National Review Online and TechCentralStation.com opinion pages, is a guest columnist for United Press International and OpinionEditorials.com, and has regularly contributed to the Brussels legislative news magazine EU Reporter .
Horner also regularly writes for Energy Tribune and Spain's Actualidad Economica.
He received his Juris Doctorate from Washington University in St. Louis where he received the Judge Samuel Breckenridge Award for Advocacy.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
2018 Civil Justice Update
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