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.
Professor of Law, Pepperdine University School of Law
Prior to joining the law faculty in 2008, Professor Childress was associated with the international law firm Jones Day in Washington, D.C., as a member of their Issues and Appeals practice, where he focused on Supreme Court litigation, general appellate litigation, and significant motions practice in trial litigation. While in private practice, his appellate representations included preparation of writs of certiorari, merits briefs, and amicus briefs in the U.S. Supreme Court. Professor Childress has briefed and argued appeals before the U.S. Court of Appeals for the Ninth Circuit and has briefed matters in numerous other trial and appellate courts in the First, Second, Third, Fourth, Fifth, Seventh, and D.C. Circuits, as well as in various state courts. He has significant private practice experience in transnational litigation/arbitration, complex civil procedure, conflict of laws, constitutional law, immigration law, international dispute resolution, federal Indian law, and national security law, including cases related to the war on terror. He maintains an active pro bono practice. During his time in Washington, D.C., Professor Childress co-taught a Supreme Court Litigation course at the Georgetown University Law Center and served as a "Justice" in the Georgetown University Law Center Supreme Court Institute. Professor Childress is admitted to practice in Virginia, the District of Columbia, and the U.S. Supreme Court.
Professor Childress clerked for the Honorable Paul V. Niemeyer on the U.S. Court of Appeals for the Fourth Circuit. While at Duke Law School, he served as editor-in-chief of the Duke Law Journal (Volume 53) and received the faculty award for outstanding achievement in international, transnational, and comparative law. While at Oxford Brookes University, he served as a Rotary Ambassadorial Scholar in the United Kingdom, where his research focused, in part, on European constitutionalism and European Union law.
Professor Childress's primary research interests are international civil litigation and arbitration, private international law, comparative law, and ethics. His scholarship has appeared in the Duke Law Journal, the U.C. Davis Law Review, the Northwestern Law Review, the Georgetown Law Journal, the Virginia Journal of International Law, the William and Mary Law Review and the North Carolina Law Review. He has also published an edited volume with Cambridge University Press entitled "The Role of Ethics in International Law." He is working extensively on the role that international civil litigation and arbitration plays in an increasingly global world. He is the American co-editor of the private international law blog ConflictOfLaws.net.
Professor Childress teaches Civil Procedure, International Litigation, Comparative Law, Conflict of Laws, and Ethical Lawyering.
Partner, O'Melveny & Myers LLP
Gregory Jacob is a partner in O’Melveny’s Washington, D.C. office. Greg Jacob represents financial services companies including banks, investment managers, health care payors, and insurers, as well as other employers, in class action and other litigation concerning ERISA and other labor and employment matters. A former Solicitor of Labor, Greg has extensive knowledge on a wide variety of labor and employment issues including ERISA, FLSA, OFCCP, and whistleblower law. He regularly litigates in federal courts throughout the country, defends clients against Department of Labor investigations, and provides counseling to plans and plan sponsors.
Prior to rejoining O’Melveny in 2021, Greg served as Counsel to Vice President Pence and Deputy Assistant to the President. He directly advised the Vice President on all legal issues relating to the Office of the Vice President, and advised the White House Coronavirus Task Force concerning the Defense Production Act and other legal issues related to bolstering the domestic supply chain.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Partner, Clement & Murphy, PLLC
Paul served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years.
Paul has argued over 100 cases before the United States Supreme Court, including McConnell v. FEC, Tennessee v. Lane, United States v. Booker, MGM v. Grokster, Hobby Lobby v. Burwell, Epic Systems Corp. v. Lewis, Rucho v. Common Cause, Facebook v. Duguid, and TransUnion v. Ramirez. Paul has argued more Supreme Court cases since 2000 than any lawyer in or out of government. He has also argued many important cases in the lower courts, including Walker v. Cheney, United States v. Moussaoui and NFL v. Brady.
Paul’s practice focuses on appellate matters, constitutional litigation and strategic counseling. He represents a broad array of clients in the Supreme Court and in federal and state appellate courts. Last year, for example, he successfully argued Supreme Court cases involving significant issues of energy regulation, statutory interpretation, state sovereign immunity and Article III standing, and successfully argued a trademark appeal in the Fourth Circuit, and a constitutional appeal before the en banc Eleventh Circuit.
Paul focuses on high-stakes appeals. In recent years, he successfully defended a $1.2 billion jury verdict for clients in a Tenth Circuit case, while securing the reversal of an over $2 billion jury verdict for another client in the Seventh Circuit and the approval of a nearly $1 billion dollar class action settlement in the Third Circuit. He has initiated major administrative law challenges and constitutional litigation against the federal government, such as the successful challenge to the HHS drug-pricing rule and threatened challenges that led to the withdrawal of the Treasury Department’s proposed cryptocurrency regulations. He also counsels clients on a variety of strategic legal questions, whether arising from pending legislation, government inquiries or ongoing litigation.
Paul has undertaken substantial pro bono engagements in the Supreme Court, such as twice successfully representing the defendant in Bond v. United States and successfully representing the Omaha Tribe in Nebraska v. Parker, the guardian ad litem in Adoptive Couple v. Baby Girl, the defendant in Sekhar v. United States, a high school football coach in Kennedy v. Bremerton, and the Little Sisters of the Poor. Paul’s pro bono representation also precipitated the federal government’s confession of error in United States v. Rojas.
Following law school, Paul clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. After his clerkships, he went on to serve as Chief Counsel of the U.S. Senate Subcommittee on the Constitution, Federalism and Property Rights.
Paul is a Distinguished Lecturer in Law at the Georgetown University Law Center, where he has taught in various capacities since 1998. He also serves as a Senior Fellow of the Law Center’s Supreme Court Institute. He is the Justice Joseph Story Distinguished Practitioner in Residence at the Gray Center at Scalia Law School.
Partner, Earth and Water Law; retired Yale Law School professor (1981-2025), Yangtze River Distinguished Professor, Guangzhou Law School, ChinaDistinguished Adjunct Professor at Antonin Scalia Law School
E. Donald Elliott is a Florence Rogatz Visiting Professor of Law at Yale Law School and a leading academic scholar, as well as practitioner, in the fields of administrative and environmental law. He is “one of the most well-known, well-regarded environmental law professors in the nation,” according to John Cruden, former President of the Environmental Law Institute and Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice during the Obama administration. Elliott has been on the Yale Law faculty since 1981 and currently teaches courses in environmental law, energy law, administrative law and civil procedure. He is also senior of counsel in the Washington D.C. office of Covington & Burling LLP, and co-chair of the firm's Environmental Practice Group. From 2003 until he joined Covington in 2013, he was a partner in Willkie Farr & Gallagher LLP, chairing the firm’s worldwide Environment, Health and Safety Department.
From 1989 to 1991, Elliott served as Assistant Administrator and General Counsel of the U.S. Environmental Protection Agency (EPA). In 1993, he was named to the first endowed chair in environmental law and policy at any major American law school, the Julien and Virginia Cornell Chair in Environmental Law and Litigation at Yale Law School. From 2003-2009, he was a member of the National Academy of Sciences Board on Environmental Studies and Toxicology, which advises the federal government on environmental issues. Elliott also testifies frequently in Congress on environmental issues.
He has served as a consultant on improving the relationship of law and science to the Federal Courts Study Committee, which was chartered by Congress to make recommendations for improving the federal courts, and to the Carnegie Commission for Law, Science and Government. He co-chaired the National Environmental Policy Institute’s Committee on Improving Science at EPA.
Elliott is a Senior Fellow of the Administrative Conference of the United States (ACUS) and an elected member of the American College of Environmental Lawyers and the American Law Institute. He serves on the Board of the Connecticut Fund for the Environment and as chair of its legal committee, as well on the Advisory Board for NYU’s Institute for Policy Integrity. He is a former member of the boards of the Environmental Law Institute, and the Center for Clean Air Policy. He is the author or coauthor of seven books and has published more than 70 articles in professional journals. He was named one of the top 25 environmental attorneys in the United States by the National Law Journal and is highly ranked in Chambers USA: Leading Lawyers for Business; Best Lawyers in America; D.C. Super Lawyers; Who’s Who in American Law; and Who’s Who in the World.
He earned both his B.A., summa cum laude and Phi Beta Kappa, and his J.D. from Yale. Following graduation, he was a law clerk for Gerhard Gesell in the U.S. District Court for the District of Columbia, and for Chief Judge David Bazelon of the U.S. Court of Appeals for the District of Columbia Circuit.
Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center
Lisa Heinzerling is the Justice William J. Brennan, Jr. Professor of Law at Georgetown University. Her primary specialties are administrative law and environmental law. She is the author of several books, including Priceless: On Knowing the Price of Everything and the Value of Nothing, a critique of the use of cost-benefit analysis in environmental policy. Professor Heinzerling has received the Georgetown University President's Award for Distinguished Scholar-Teachers, the faculty teaching award at Georgetown Law, and several awards related to her scholarship and advocacy in environmental law. She was the lead author of the winning briefs in Massachusetts v. EPA, in which the Supreme Court held that the Clean Air Act gives EPA the authority to regulate greenhouse gases. From January 2009 to July 2009, Heinzerling served as Senior Climate Policy Counsel to the Administrator of the Environmental Protection Agency and then, from July 2009 to December 2010, she served as Associate Administrator of EPA’s Office of Policy. She was a law clerk to Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit and Justice William J. Brennan, Jr. of the U.S. Supreme Court.
Founder, Law Office of Eileen J. O'Connor PLLC
After nearly 30 years as a national tax specialist with the IRS and major accounting firms, Eileen J. O’Connor, now an attorney in private practice, was Assistant Attorney General for the Justice Department’s Tax Division for six years during the administration of President George W. Bush and a member of then-President-elect Trump’s Treasury Department Transition Team. She focuses on federal administrative and tax law.
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.
Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”
As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces. He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force. He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation. Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.
Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He is the only person to have served as both Solicitor and Secretary of Labor.
He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.
In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws. He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes. He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act. Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations. He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.
Mr. Scalia is a Senior Fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process. He is the author of more than 30 articles and papers on labor and employment law, administrative law, and other subjects. Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360. The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He has been a Lecturer in labor and employment law at the University of Chicago Law School.
Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school. Mr. Scalia and his wife Trish have seven children.
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.
Editor, Breitbart News
John Carney covers Wall Street and finance for CNBC.com, where he runs NetNet. John Carney was recently hired by Breitbart News, where he leads a new finance and economics section. Carney joined CNBC in 2010 after serving as managing editor of Business Insider's Wall Street and economics section. Prior to that he was Editor in Chief of DealBreaker.com.
He is a frequent guest on CNBC's "Power Lunch" and public radio's "Marketplace." His writing has appeared in The Wall Street Journal, The New York Times, The New York Sun, Page Six Magazine, the New York Post, Fortune, Gawker and New York magazine.
Mr. Carney received a law degree from the University of Pennsylvania and practiced corporate law at firms such as Skadden, Arps, Slate, Meagher & Flom and Latham & Watkins where he primarily represented banks, hedge funds and private equity firms.
Partner, Foley & Lardner LLP
A trial and courtroom lawyer for over 30 years, Jason A. Levine is an antitrust and commercial litigation partner in the Washington, D.C. office of Foley & Lardner LLP.
Mr. Levine has served as lead counsel for clients in high-stakes and often multi-faceted business disputes. His diverse practice focuses on antitrust, complex contractual, and business tort suits. Mr. Levine tried 14 cases to judges and juries across the country, briefed and argued dozens of dispositive motions and several precedent-setting appeals, and has had an active amicus practice before the U.S. Supreme Court for nationwide trade associations. He was also lead counsel to defendants in several of the nation’s largest antitrust class actions and MDLs. Mr. Levine has perennially been recognized as a prominent litigator by Best Lawyers, SuperLawyers, Benchmark Litigation, and Global Competition Review. He also spent nearly four years as an Investment Manager at Omni Bridgeway, a global commercial litigation finance company, where he launched and led the Washington, D.C. office and led the U.S. antitrust strategy.
Mr. Levine received his B.A. summa cum laude (Phi Beta Kappa) from Brandeis University in 1991 and his J.D. cum laude from Harvard Law School in 1994, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Before entering private practice, Mr. Levine was a law clerk for Judge Randall Rader on the U.S. Court of Appeals for the Federal Circuit, where he focused on the court’s Takings and administrative cases.
Associate Justice, Supreme Court of the United States
Neil M. Gorsuch, Associate Justice, was born in Denver, Colorado, August 29, 1967. He and his wife Louise have two daughters. He received a B.A. from Columbia University, a J.D. from Harvard Law School, and a D.Phil. from Oxford University. He served as a law clerk to Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit, and as a law clerk to Justice Byron White and Justice Anthony M. Kennedy of the Supreme Court of the United States. From 1995–2005, he was in private practice, and from 2005–2006 he was Principal Deputy Associate Attorney General at the U.S. Department of Justice. He was appointed to the United States Court of Appeals for the Tenth Circuit in 2006. He served on the Standing Committee on Rules for Practice and Procedure of the U.S. Judicial Conference, and as chairman of the Advisory Committee on Rules of Appellate Procedure. He taught at the University of Colorado Law School. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on April 10, 2017.
Consumer Financial Protection Bureau Update - April 2017 - Podcast
Wayne A. Abernathy, Julius L. Loeser
Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee provided an...
Consumer Financial Protection Bureau Update - April 2017
TeleforumThe D.C. Circuit Decision On The "Net Worth Sweep" Was Not A Clean Sweep For The Government
Overlooked by much of the commentary on the D.C. Circuit’s recent decision on the Treasury...
Freddie & Fannie Shareholder Litigation Update
TeleforumGetting Legal Ethics Right
Denver, ColoradoVenezuela v. Helmerich & Payne International - Post-Argument SCOTUScast
Donald Childress
On November 2, 2016, the Supreme Court heard oral argument in Venezuela v. Helmerich &...
Topics
Federal Regulation, Judicial Stays, and the Right to Appeal
The election results have raised serious doubts about the future of President Obama’s Clean Power...
Deciding Unclear Originalist Cases: Towards Good-Faith Constitutional Construction
Interpreting a centuries-old document and applying it to factual circumstances unknown and perhaps inconceivable to...
Is the CFPB Unconstitutional?
Gregory Frederick Jacob
Is the consolidation of financial regulation oversight into one unelected official constitutional? Gregory Jacob, Partner...
Administrative Law & Regulation: The Evolution of Justice Scalia's Views on Administrative Law
Ronald A. Cass, Paul D. Clement, E. Donald Elliott, Lisa Heinzerling, Eileen J. O'Connor, Eugene Scalia
For all of his many contributions to modern American jurisprudence, no area of law bears...