Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Robert A. Schroeder Distinguished Professor of Law, University of Kansas School of Law
Robin Kundis Craig joined the KU Law faculty in July 2024 and serves as the Robert A. Schroeder Distinguished Professor of Law.
Craig specializes in all things water, including the relationships between climate change and water; the water-energy-food nexus; the Clean Water Act; the intersection of water issues and land issues; ocean and coastal law; marine biodiversity and marine protected areas; water law; ecological resilience and the law; climate change adaptation, and the relationships between environmental law and public health. She is the author, co-author, or editor of 12 books, including Re-Envisioning the Anthropocene Ocean (University of Utah Press, 2024, co-edited with Jeffrey M. McCarthy); The End of Sustainability (Kansas University Press 2017, with Melinda Harm Benson); Contemporary Issues in Climate Change Law and Policy (Environmental Law Institute 2016, with Stephen Miller); Comparative Ocean Governance: Place- Based Protections in an Era of Climate Change (Edward Elgar 2012); and The Clean Water Act and the Constitution (Environmental Law Institute 2nd Ed. 2009), as well as textbooks for Environmental Law, Water Law and Toxic Torts. She has also written more than100 law review articles and book chapters in both legal and scientific publications.
In recognition of her work on these topics, Craig was elected to membership in the American Law Institute (2015) and the American College of Environmental Lawyers (2019) and has been appointed to the International Union for the Conservation of Nature’s World Commission on Environmental Law and to the Center for Progressive Reform. She has served on six National Academy of Sciences committees that evaluated Florida Everglades restoration, implementation of the Edwards Aquifer Habitat Conservation Plan and application of the Clean Water Act to the Mississippi River. She has consulted on water quality issues with the government of Victoria, Australia, and the Council on Environmental Cooperation in Montreal, Quebec, Canada, and she was one of 12 marine educators chosen to participate in a 2010 program in the Papahanamokuakea Marine National Monument, spending a week on Midway Atoll. She was also a principal researcher in a four-year grant project on Adaptive Water Governance sponsored by the National Social-Ecological Synthesis Center with money from the National Science Foundation. In 2018, Craig was named a William Evans Visiting Research Fellow at the University of Otago, Dunedin, New Zealand. In 2017, the Rockefeller Foundation awarded her a Bellagio Center Writing Residency fellowship, allowing her to spend four weeks on Lake Como, Italy, working on a new book project on Re-Envisioning the Anthropocene Oceans, and in 2016 she was a Research Fellow at the University of Tasmania, Hobart, Australia.
Craig is an active participant in several national organizations, including the American Bar Association Section on Environment, Energy and Resources (ABA SEER), where she currently serves on the editorial board of Natural Resources & Environment; the Foundation for Natural Resources and Environmental Law, where she co-chairs the Natural Resources Law Teachers Committee; and the Association of American Law Schools (AALS), where she has chaired the Maritime Law Section, the Natural Resources Law Section and the Environmental Law Section. She has also served as a consultant to the Environmental Defense Fund and the River Network’s Nutrient Task Force. Craig serves on the Editorial Boards of Coastal and Ocean Management and Ecology & Society, as a Specialty Chief Editor of Frontiers Climate: Climate Law and Policy and as a Guest Associate Editor for Frontiers Climate: Risk Management on the topic of “Climate Change Adaptation as Risk Management.”
Craig earned her J.D. summa cum laude in 1996 from the Lewis & Clark School of Law in Portland, Oregon, with a Certificate in Environmental Law; her Ph.D. in English/Literature and Science in 1993 from the University of California, Santa Barbara; her M.A. in Writing About Science in 1986 from the Johns Hopkins University; and her B.A. cum laude in English/Writing in 1985 from Pomona College in Claremont, California. While in law school, she worked for the Oregon Department of Justice in its General Counsel Division, Natural Resources Section, representing the state’s environmental and natural resources agencies. After law school, she clerked for Judge Robert E. Jones at the U.S. District Court for the District of Oregon before starting her law teaching career as a Visiting Assistant Professor at the Lewis & Clark School of Law. Before arriving at KU in 2024, Craig held tenure-track positions at the Western New England College School of Law, Indiana University—Indianapolis School of Law (where she first received tenure), the Florida State University School of Law, the University of Utah S.J. Quinney School of Law and USC’s Gould School of Law. She has visited at the Lewis & Clark School of Law, Vermont Law School, the University of Hawaii School of Law and the University of Tasmania Faculty of Law. At Kansas, Craig teaches Environmental Law, Water Law, Ocean & Coastal Law, Toxic Torts and Civil Procedure.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Robert A. Schroeder Distinguished Professor of Law, University of Kansas School of Law
Robin Kundis Craig joined the KU Law faculty in July 2024 and serves as the Robert A. Schroeder Distinguished Professor of Law.
Craig specializes in all things water, including the relationships between climate change and water; the water-energy-food nexus; the Clean Water Act; the intersection of water issues and land issues; ocean and coastal law; marine biodiversity and marine protected areas; water law; ecological resilience and the law; climate change adaptation, and the relationships between environmental law and public health. She is the author, co-author, or editor of 12 books, including Re-Envisioning the Anthropocene Ocean (University of Utah Press, 2024, co-edited with Jeffrey M. McCarthy); The End of Sustainability (Kansas University Press 2017, with Melinda Harm Benson); Contemporary Issues in Climate Change Law and Policy (Environmental Law Institute 2016, with Stephen Miller); Comparative Ocean Governance: Place- Based Protections in an Era of Climate Change (Edward Elgar 2012); and The Clean Water Act and the Constitution (Environmental Law Institute 2nd Ed. 2009), as well as textbooks for Environmental Law, Water Law and Toxic Torts. She has also written more than100 law review articles and book chapters in both legal and scientific publications.
In recognition of her work on these topics, Craig was elected to membership in the American Law Institute (2015) and the American College of Environmental Lawyers (2019) and has been appointed to the International Union for the Conservation of Nature’s World Commission on Environmental Law and to the Center for Progressive Reform. She has served on six National Academy of Sciences committees that evaluated Florida Everglades restoration, implementation of the Edwards Aquifer Habitat Conservation Plan and application of the Clean Water Act to the Mississippi River. She has consulted on water quality issues with the government of Victoria, Australia, and the Council on Environmental Cooperation in Montreal, Quebec, Canada, and she was one of 12 marine educators chosen to participate in a 2010 program in the Papahanamokuakea Marine National Monument, spending a week on Midway Atoll. She was also a principal researcher in a four-year grant project on Adaptive Water Governance sponsored by the National Social-Ecological Synthesis Center with money from the National Science Foundation. In 2018, Craig was named a William Evans Visiting Research Fellow at the University of Otago, Dunedin, New Zealand. In 2017, the Rockefeller Foundation awarded her a Bellagio Center Writing Residency fellowship, allowing her to spend four weeks on Lake Como, Italy, working on a new book project on Re-Envisioning the Anthropocene Oceans, and in 2016 she was a Research Fellow at the University of Tasmania, Hobart, Australia.
Craig is an active participant in several national organizations, including the American Bar Association Section on Environment, Energy and Resources (ABA SEER), where she currently serves on the editorial board of Natural Resources & Environment; the Foundation for Natural Resources and Environmental Law, where she co-chairs the Natural Resources Law Teachers Committee; and the Association of American Law Schools (AALS), where she has chaired the Maritime Law Section, the Natural Resources Law Section and the Environmental Law Section. She has also served as a consultant to the Environmental Defense Fund and the River Network’s Nutrient Task Force. Craig serves on the Editorial Boards of Coastal and Ocean Management and Ecology & Society, as a Specialty Chief Editor of Frontiers Climate: Climate Law and Policy and as a Guest Associate Editor for Frontiers Climate: Risk Management on the topic of “Climate Change Adaptation as Risk Management.”
Craig earned her J.D. summa cum laude in 1996 from the Lewis & Clark School of Law in Portland, Oregon, with a Certificate in Environmental Law; her Ph.D. in English/Literature and Science in 1993 from the University of California, Santa Barbara; her M.A. in Writing About Science in 1986 from the Johns Hopkins University; and her B.A. cum laude in English/Writing in 1985 from Pomona College in Claremont, California. While in law school, she worked for the Oregon Department of Justice in its General Counsel Division, Natural Resources Section, representing the state’s environmental and natural resources agencies. After law school, she clerked for Judge Robert E. Jones at the U.S. District Court for the District of Oregon before starting her law teaching career as a Visiting Assistant Professor at the Lewis & Clark School of Law. Before arriving at KU in 2024, Craig held tenure-track positions at the Western New England College School of Law, Indiana University—Indianapolis School of Law (where she first received tenure), the Florida State University School of Law, the University of Utah S.J. Quinney School of Law and USC’s Gould School of Law. She has visited at the Lewis & Clark School of Law, Vermont Law School, the University of Hawaii School of Law and the University of Tasmania Faculty of Law. At Kansas, Craig teaches Environmental Law, Water Law, Ocean & Coastal Law, Toxic Torts and Civil Procedure.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Partner, King & Spalding PLLC
Will Barnette is a partner in the Atlanta office of King & Spalding, where he is a member of the firm’s business litigation practice and class action defense group. During his 30-year career, Will has consistently led clients to successful outcomes in their most sensitive and high exposure class action, MDL, and related regulatory matters. From litigating high-stakes tobacco class actions at the turn of the century, to defending massive data breach litigation in the last decade, and winning several lucrative antitrust opt-out settlements more recently, Will has played a key role in much of the leading complex litigation of the era and led clients to tremendous success on both sides of the “v.” In particular, he has deep experience in litigating consumer, products, and antitrust class actions, commercial disputes, and managing internal investigations.
Prior to rejoining King & Spalding, where he worked earlier in his career, Will served as Associate General Counsel for The Home Depot and was a member of the company’s Legal Senior Leadership Team. As leader of The Home Depot’s commercial litigation team for more than ten years, he was responsible for the company’s most significant commercial and business litigation, which frequently challenged core aspects of the company’s business. During his 21-year tenure with The Home Depot, Will led the successful defense of several hundred class actions, created and led the company’s recovery litigation program, and successfully managed multiple high-profile investigations and favorably resolved significant related regulatory matters, including with the United States Department of Justice, the United States Environmental Protection Agency, and multi-state Attorney General groups.
A recognized thought leader in complex litigation, Will argued before the U.S. Supreme Court in the 2019 term—one of the few in-house counsel to do so. He received the Atlanta Business Chronicle’s Corporate Counsel Award for Advocacy in 2016 and has authored seven law review articles. His recent works, Misunderstanding Original Jurisdiction and There Is No Conservative Case for Class Actions, ranked among the top SSRN downloads in Federal Courts and Jurisdiction. He frequently lectures on class actions, MDL litigation, and internal investigations, and teaches Complex Litigation at the University of Tennessee Winston College of Law, where he earned the Harold C. Warner Outstanding Adjunct Professor Award in 2025.
Will chairs the Board of Georgians for Lawsuit Reform, which was instrumental in passing Georgia’s 2025 tort reform legislation. He also serves as Chair of the Class Actions Section for the State Bar of Georgia and is a former President of the Atlanta Legal Aid Society. Will played varsity college basketball at Sewanee.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
Retired, Winston & Strawn LLP
Jerry Loeser is of counsel in the Chicago office of Winston & Strawn, and his practice focuses on banking regulation. He has extensive experience in counseling financial services clients on, among other things, bank acquisitions, privacy, financial modernization, the USA PATRIOT Act, Basel II and III, lending limits, capital, trust, affiliate transactions, and Federal Reserve, OCC, FDIC, and CFPB regulations.
Prior to working at large corporate law firms, Jerry was chief regulatory and compliance counsel for Comerica Bank, where he also served as senior vice president and deputy general counsel and as general counsel of its retail bank division. Before that, he served as chief regulatory in-house counsel at Wells Fargo & Co. Jerry began his legal career advising the Board of Governors of the Federal Reserve System in Washington, D.C.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Robert A. Schroeder Distinguished Professor of Law, University of Kansas School of Law
Robin Kundis Craig joined the KU Law faculty in July 2024 and serves as the Robert A. Schroeder Distinguished Professor of Law.
Craig specializes in all things water, including the relationships between climate change and water; the water-energy-food nexus; the Clean Water Act; the intersection of water issues and land issues; ocean and coastal law; marine biodiversity and marine protected areas; water law; ecological resilience and the law; climate change adaptation, and the relationships between environmental law and public health. She is the author, co-author, or editor of 12 books, including Re-Envisioning the Anthropocene Ocean (University of Utah Press, 2024, co-edited with Jeffrey M. McCarthy); The End of Sustainability (Kansas University Press 2017, with Melinda Harm Benson); Contemporary Issues in Climate Change Law and Policy (Environmental Law Institute 2016, with Stephen Miller); Comparative Ocean Governance: Place- Based Protections in an Era of Climate Change (Edward Elgar 2012); and The Clean Water Act and the Constitution (Environmental Law Institute 2nd Ed. 2009), as well as textbooks for Environmental Law, Water Law and Toxic Torts. She has also written more than100 law review articles and book chapters in both legal and scientific publications.
In recognition of her work on these topics, Craig was elected to membership in the American Law Institute (2015) and the American College of Environmental Lawyers (2019) and has been appointed to the International Union for the Conservation of Nature’s World Commission on Environmental Law and to the Center for Progressive Reform. She has served on six National Academy of Sciences committees that evaluated Florida Everglades restoration, implementation of the Edwards Aquifer Habitat Conservation Plan and application of the Clean Water Act to the Mississippi River. She has consulted on water quality issues with the government of Victoria, Australia, and the Council on Environmental Cooperation in Montreal, Quebec, Canada, and she was one of 12 marine educators chosen to participate in a 2010 program in the Papahanamokuakea Marine National Monument, spending a week on Midway Atoll. She was also a principal researcher in a four-year grant project on Adaptive Water Governance sponsored by the National Social-Ecological Synthesis Center with money from the National Science Foundation. In 2018, Craig was named a William Evans Visiting Research Fellow at the University of Otago, Dunedin, New Zealand. In 2017, the Rockefeller Foundation awarded her a Bellagio Center Writing Residency fellowship, allowing her to spend four weeks on Lake Como, Italy, working on a new book project on Re-Envisioning the Anthropocene Oceans, and in 2016 she was a Research Fellow at the University of Tasmania, Hobart, Australia.
Craig is an active participant in several national organizations, including the American Bar Association Section on Environment, Energy and Resources (ABA SEER), where she currently serves on the editorial board of Natural Resources & Environment; the Foundation for Natural Resources and Environmental Law, where she co-chairs the Natural Resources Law Teachers Committee; and the Association of American Law Schools (AALS), where she has chaired the Maritime Law Section, the Natural Resources Law Section and the Environmental Law Section. She has also served as a consultant to the Environmental Defense Fund and the River Network’s Nutrient Task Force. Craig serves on the Editorial Boards of Coastal and Ocean Management and Ecology & Society, as a Specialty Chief Editor of Frontiers Climate: Climate Law and Policy and as a Guest Associate Editor for Frontiers Climate: Risk Management on the topic of “Climate Change Adaptation as Risk Management.”
Craig earned her J.D. summa cum laude in 1996 from the Lewis & Clark School of Law in Portland, Oregon, with a Certificate in Environmental Law; her Ph.D. in English/Literature and Science in 1993 from the University of California, Santa Barbara; her M.A. in Writing About Science in 1986 from the Johns Hopkins University; and her B.A. cum laude in English/Writing in 1985 from Pomona College in Claremont, California. While in law school, she worked for the Oregon Department of Justice in its General Counsel Division, Natural Resources Section, representing the state’s environmental and natural resources agencies. After law school, she clerked for Judge Robert E. Jones at the U.S. District Court for the District of Oregon before starting her law teaching career as a Visiting Assistant Professor at the Lewis & Clark School of Law. Before arriving at KU in 2024, Craig held tenure-track positions at the Western New England College School of Law, Indiana University—Indianapolis School of Law (where she first received tenure), the Florida State University School of Law, the University of Utah S.J. Quinney School of Law and USC’s Gould School of Law. She has visited at the Lewis & Clark School of Law, Vermont Law School, the University of Hawaii School of Law and the University of Tasmania Faculty of Law. At Kansas, Craig teaches Environmental Law, Water Law, Ocean & Coastal Law, Toxic Torts and Civil Procedure.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute
Theodore H. Frank is director at the Hamilton Lincoln Law Institute and the Center for Class Action Fairness. Frank founded and ran CCAF as a non-profit, public interest law firm in 2009.
Frank has won several landmark appeals and tens of millions of dollars for consumers and other plaintiffs through his class action work. Adam Liptak of The New York Times calls Frank “the leading critic of abusive class action settlements” and the American Lawyer Litigation Daily referred to him as “the indefatigable scourge of underwhelming class action settlements.”
Previously, Frank clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals, and was a litigator at firms in Washington and Los Angeles and a resident fellow at the American Enterprise Institute. Frank is a frequent public speaker and has testified before Congress multiple times on legal issues. He has been profiled by The Wall Street Journal, Forbes, GQ, and the ABA Journal, among other publications.
In 2008, Frank was elected to membership in the American Law Institute. He also serves on the Executive Committee of the Federalist Society Litigation Practice Group. Frank graduated from The University of Chicago Law School in 1994 with high honors and as a member of the Order of the Coif and the Law Review. He is a member of the District of Columbia Bar and the state bars of California and Illinois.
Topics
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Litigation Practice Group Teleforum
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