Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Partner, Friedland Cianfrani LLP
Mike has three decades of IP enforcement experience. He has represented clients in more than 270 intellectual property cases in state and federal courts in California and 23 other states and before the Trademark Trials and Appeals Board.
Mike’s practice includes patent, trademark, trade secret, and copyright cases. His cases have spanned a wide range of industries and technologies, including consumer products, semiconductors, tactical products, medical devices, computer software, apparel, restaurants, and financial services. He has represented brand-name companies including Oakley, Luxottica, Tesla, 5.11 Tactical, ITT, Makita, Pacific Life Insurance Company, Carl’s Jr., Microsemi, NASCAR, Daytona International Speedway, Game Show Network, Razor, Volcom, Specialized Bicycle, Mexicana Airlines, and SRS Labs, among others.
Mike was a partner at Knobbe Martens for more than two decades. At Knobbe, Mike served as co-chair of the Litigation Department. He had previously served as co-chair of the Trademark/Brand Protection group and the Consumer Products practice group.
World Trademark Review 1000 has several times named Mike a “Leading Trademark Lawyer." In the 2022 edition, WTR 1000 commended him for his “advanced state of preparedness,” and included a client remark that, “there’s nothing he hasn’t seen.”
In the 2021 edition, WTR described him as a “backbone of [his former firm's] litigation practice,” and noted his ability to litigate “cases associated with all categories of IP rights.”
In the 2020 edition, WTR described him as having been “on the cutting edge of enforcement for three decades.” In that edition, a client said he was “a sophisticated and thoughtful professional who understands how to get things done.”
In 2023, Legal 500 named Mike to its list of preeminent patent litigators. Thompson/Reuters has regularly named him a “Southern California Super Lawyer” in the category of IP litigation since 2004.
He frequently speaks on intellectual property litigation subjects, including to the AIPLA, OCBA, OCIPLA, LAIPLA, ABA, ACC, INTA, Harvard Law School Association, Harvard Business School Association, MIT Alumni Association, and the Federalist Society. Mike’s articles on IP subjects have been featured in publications including American Marketer, Luxury Roundtable, IP Watchdog, Law 360, IP 360, The Trademark Lawyer, The Los Angeles Daily Journal, The Recorder, ABA Landslide, Orange County Business Journal, Engage, and Stanford Technology Review.
Mike has taught as an adjunct professor at Whittier School of Law and served as a JAG with the California State Military Reserve. For 16 years, he served as a Reserve Deputy with the Orange County Sheriff’s Department, retiring as a Lieutenant.
Mike serves on the Harvard Law School Association’s Senior Advisory Committee, is a board member of the Federal Bar Association of Orange County, and the vice-chair of the Executive Committee of the Federalist Society's Intellectual Property Practice Group. He is a former member of Law360's Intellectual Property Editorial Board, a former member and former Secretary of the Harvard Law School Association's Executive Committee, and a former president of the Harvard Law School Association of Orange County.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Partner, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Appellate Counsel, Theodore Cooperstein PLLC
Theodore Cooperstein currently is an appellate attorney in the boutique law firm of Theodore Cooperstein PLLC, available for criminal and civil appeals in both state and federal courts. A former career prosecutor with twenty five years of service in the US Department of Justice, he was an Assistant United States Attorney for the Southern District of Florida and the Southern District of Mississippi, and has served as a Military Intelligence Officer in the Army Reserves from 1989 to 2011, retiring with the rank of Lieutenant Colonel. During the Trump Administration, he was appointed and served as the General Counsel of the U.S. Office of Personnel Management. Prior to joining the Southern District of Florida, Mr. Cooperstein served as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Maryland. He previously had served as Counsel to the Deputy Attorney General at the Department of Justice, and as Assistant General Counsel in the FBI Office of the General Counsel.
A.B., Dartmouth College; J.D., Stanford University; LL.M., Comparative and International Law, Georgetown University Law Center; Masters of Strategic Studies, U.S. Army War College
Shareholder, Kirton McConkie
R. Shawn Gunnarson is a shareholder with Kirton McConkie in Salt Lake City.
Director of Asian Studies and Resident Fellow, American Enterprise Institute
Dan Blumenthal is the director of Asian Studies at the American Enterprise Institute, where he focuses on East Asian security issues and Sino-American relations. Mr. Blumenthal has both served in and advised the U.S. government on China issues for over a decade. From 2001 to 2004, he served as senior director for China, Taiwan, and Mongolia at the Department of Defense. Additionally, he served as a commissioner on the congressionally-mandated U.S.-China Economic and Security Review Commission since 2006-2012, and held the position of vice chairman in 2007. He has also served on the Academic Advisory Board of the congressional U.S.-China Working Group. Mr. Blumenthal is the co-author of “An Awkward Embrace: The United States and China in the 21st Century” (AEI Press, November 2012).
Partner, McGuireWoods LLP
George Terwilliger is co-head of the firm's white collar practice and leads the firm's Strategic Response and Crisis Management practice group. Following his fifteen years of public service in the US Department of Justice, where he began as a law clerk and concluded as Acting Attorney General, George has provided counsel in government and internal investigations, agency enforcement proceedings and in civil and criminal litigation. He has represented many of the nation's and the world's largest corporations, including major financial institutions, energy companies, public institutions as well as leading business and government officials, including members of the US Senate and House as well as cabinet officials. He has also represented lawyers and corporate legal departments in investigations. As a result of both his private sector work and government positions, George is called upon to provide counsel as well as commentary to government officials, Congress and private organizations on national security, homeland defense, terrorism, and other public policy and legal issues. George's work regularly involves providing counsel in the executive suites and boardrooms of major corporations.
In private practice for international law firms, George has represented national and international financial, energy, telecommunications, industrial and healthcare companies. He is a recognized expert in leading credible corporate internal investigations and his experience designing and executing both targeted and global legal compliance reviews has involved work in more than 60 countries around the globe. George is an expert on the Foreign Corrupt Practices Act and regularly provides counsel to companies addressing FCPA issues. No stranger to high stakes litigation and crisis events, George helped lead the Bush-Cheney legal team in the 2000 Florida vote recount, served as special outside counsel to a Senate committee investigating vote fraud allegations, served as counsel to an executive commission on gambling, and has represented many clients in politically charged election law and similar cases. He has guided corporations and individual through high stakes matters of intense public interest. He represented an incumbent president in First Amendment litigation concerning the right to have an inaugural prayer said in a public ceremony.
At the Department of Justice, George served for 10 years as a frontline federal prosecutor, handling hundreds of investigations, trials and appeals, including in white collar and national security cases. President Ronald Reagan appointed him as a U.S. attorney, and he next served as the deputy attorney general and as acting attorney general during the George H.W. Bush administration. As Deputy Attorney General, George ran the Justice Department's operations, overseeing all the nation's federal prosecutors, as well as the FBI and other law enforcement agencies. He also had leadership responsibility in several national and international crises, including a hostage-taking in a federal prison and the federal law enforcement response to domestic unrest in Los Angeles. In several instances, he personally handled negotiations of high-profile criminal and civil matters in the United States and abroad.
Distinguished Professor of Law, Jamie L. Whitten Chair of Law and Government, University of Mississippi School of Law
Professor Ronald J. Rychlak is the Jamie L. Whitten Chair of Law and Government and Distinguished Professor of Law at the University of Mississippi. He is a legal advisor to the Holy See’s delegation to the United Nations and chair of the Mississippi Advisory Committee to the U.S. Civil Rights Commission. He serves as the university’s Faculty Athletic Representative and is on the executive committee of the Southeastern Conference (SEC). In 2019 he received the university’s highest research and publication recognition, the “Distinguished Research and Creative Achievement Award” based upon his reputation for scholarly activity and leadership roles in professional societies. In 2023, he received the Algernon Sydney Sullivan Award, the University’s highest award in honor of service, for “placing service to others and the community before oneself, while embodying the qualities of honesty, morality, ethics, integrity, responsibility, determination, courage, and compassion.” In 2024, he was voted “Outstanding Law Professor” by the law school student body.
Ron is the author, co-author, or editor of twelve books and over 100 articles. The Congregation for the Causes of Saints at the Vatican called his book, Hitler, the War, and the Pope “definitive” in its response to charges made against the leader of the Catholic Church during World War II. He has been published in Notre Dame Law Review, UCLA Law Review, The Washington Post, The Wall Street Journal, and numerous other periodicals and journals. Media appearances include CNN, ABC, Fox News, The National Geographic TV Network, The Military Channel, C-SPAN, and more.
Ron and his wife Claire are proud of their six children, two sons-in-law, one daughter-in-law, and three granddaughters. They live in Oxford, Mississippi.
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.
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