Judge, United States Court of Appeals, Ninth Circuit
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Charles Yates is an attorney in Pacific Legal Foundation’s environmental practice group, where he litigates to defend private property rights and uphold the structural protections guaranteed by the Constitution’s separation of powers.
His inspiration to focus on environmental law comes from the special case of government overreach it presents, where individual rights too often give way to collectivist notions and where misguided government policies create a cure worse than the disease. Charles has a particularly strong belief in the important role that the productive use of natural resources plays for human flourishing. To these ends, his practice at PLF focuses primarily on the Endangered Species Act, the Clean Water Act, and related regulatory issues.
Charles credits his strong belief in the principles of individual liberty and limited, constitutional government to his family. His personal philosophy developed further while studying the works of Adam Smith, John Locke, James Madison, and other classical liberals. Born and raised in Australia, Charles has always admired the U.S. Constitution as the purest and most enduring application of the ideals of individual liberty and limited government. It was these influences that impressed upon him the desire to pursue a career in public interest litigation.
After obtaining a B.A. in political science and international relations from the University of Western Australia, Charles moved to the U.S., where he earned his J.D. magna cum laude from the University of Baltimore School of Law. During law school, he served as president of his school’s chapter of The Federalist Society and was an editor of the University of Baltimore Law Review. Other highlights from his law school days include an internship at the Cato Institute and a clerkship at the Institute for Justice.
Charles lives in Sacramento with his wife Maxine. In his spare time, he enjoys reading and playing the bass guitar.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Prof. Sheley joined the College of Law in 2018. Before coming to OU she was an Assistant Professor at the University of Calgary Faculty of Law. She has also served as a Visiting Associate Professor at the George Washington University Law School and an Olin-Searle Fellow at Georgetown University Law Center. Prior to academia she practiced for several years in the litigation group of the Washington, D.C. offices of Gibson, Dunn & Crutcher LLP. While in practice she was commended by the Humane Society of the United States for her pro bono work in the prosecution of dog fighting sponsors. She is proud to have served on the Board of Directors of the Alberta Animal Rescue Crew Society.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
Acting Assistant Commissioner of Customs and Border Protection, Office of Professional Responsibility, U.S. Department of Homeland Security
Brian M. Fish is currently the Senior Advisor to the General Counsel at the Department of Homeland Security where he works on immigration and law enforcement issues. Previously, he was a trial attorney with the United States Immigration and Customs Enforcement, where he represented the Department of Homeland Security in removal hearings before the U.S. Immigration Court. Additionally, he was a Special Assistant United States Attorney and a Baltimore City homicide prosecutor. He is a member of the Federalist Society's Criminal Law & Procedure Practice Group Executive Committee and the President of its Baltimore Lawyers Chapter. He earned his B.A. from LaSalle University in 1992 and his J.D. from Loyola University New Orleans School of Law in 1998.
A Conversation with Judge Bress
Portland Lawyers Chapter
Portland, OR2023 Annual Dinner & Awards
San Diego Lawyers Chapter
San Diego, CAIn re Hawai'i Electric Light Company: Legislative Purpose, Greenhouse Gas Emissions, and the Public Interest
Charles Yates
Article XI, section 9 of the Constitution of Hawai'i establishes “a right to a clean...
The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace
Tammy Dee McCutchen, Alexander T. MacDonald
There is a war on independent contracting. Martial metaphors are often overworked in the law....
Pennsylvania Supreme Court holds GPS Data is not Hearsay
Erin Sheley
In Pennsylvania v. Wallace, the Supreme Court of Pennsylvania held that GPS data collected from...
Courthouse Steps Decision: Arizona v. Navajo Nation
Anthony J. Ferate, Jennifer H. Weddle
On Thursday, June 22, 2023, the Supreme Court issued its decision in Arizona v. Navajo...
Courthouse Steps Decision: Arizona v. Navajo Nation
Anthony J. Ferate, Jennifer H. Weddle
On Thursday, June 22, 2023, the Supreme Court issued its decision in Arizona v. Navajo...
Courthouse Steps Decision: Arizona v. Navajo Nation
TeleforumCourthouse Steps Decision: United States v. Hansen
Brian M. Fish
On Friday, June 23, 2023, the Supreme Court released its decision in United States v....
Courthouse Steps Decision: United States v. Hansen
Brian M. Fish
On Friday, June 23, 2023, the Supreme Court released its decision in United States v....