Edward F. Berbarie represents and advises clients in a wide range of employment and traditional labor related matters. Mr. Berbarie is board certified in labor and employment law by the Texas Board of Legal Specialization, and he has significant experience in representing and advising clients in complex commercial disputes.
Mr. Berbarie is one of the firm’s subject matter resources in the field of employment arbitration agreements and a core member of Littler’s Alternative Dispute Resolution Practice Group. A large part of his practice is devoted to drafting and enforcing arbitration agreements and arbitrating labor and employment matters. He has argued arbitration enforcement issues in state and federal courts across the country, including appellate and state supreme courts. He was counsel for petitioner in a case involving arbitration enforcement issues that was successful before the U. S. Supreme Court. He frequently writes and speaks on arbitration topics, including the latest developments in arbitration law.
Mr. Berbarie has defended clients in all types of cases from single-plaintiff matters to class action and collective actions. Additionally, he has successfully defended management numerous times against grievances and unfair labor practice charges.
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law.
Prior to assuming this position, from 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science. Before that he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and from 1983-2004 was a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. He also has taught at DePaul College of Law and UCLA Law School.
He is the author of eleven books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (Picador Macmillan) published in November 2018, and two books published by Yale University Press in 2017, Closing the Courthouse Doors: How Your Constitutional Rights Became Unenforceable and Free Speech on Campus (with Howard Gillman).
He also is the author of more than 200 law review articles. He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.
In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States.
Dr. John Eastman is the former Henry Salvatori Professor of Law & Community Service and former Dean at Chapman University's Dale E. Fowler School of Law, where he had been a member of the faculty since 1999, specializing in Constitutional Law, Legal History, and Property. He is a founding director of the Center for Constitutional Jurisprudence, a public interest law firm affiliated with the Claremont Institute that he founded in 1999. He has a Ph.D. in Government from the Claremont Graduate School and a J.D. from the University of Chicago Law School, and a B.A. in Politics and Economics from the University of Dallas. He serves as the Chairman of the Board of the National Organization for Marriage.
Prior to joining the Chapman law faculty, Dr. Eastman served as a law clerk to the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States, and to the Honorable J. Michael Luttig, Judge, United States Court of Appeals for the Fourth Circuit and practiced law with the national law firm of Kirkland & Ellis. Dr. Eastman has also represented numerous clients in important constitutional law matters and has argued before the Supreme Court. On behalf of the Claremont Institute Center for Constitutional Jurisprudence, he has participated as amicus curiae before the Supreme Court of the United States, U.S. Courts of Appeals, and State Supreme Courts in more than one hundred cases of constitutional significance, including Boy Scouts of America v. Dale, Zelman v. Simmons-Harris (the school vouchers case), Kelo v. New London, Ct. (eminent domain), and Van Orden v. Perry (the 10 Commandments case). He has also appeared as an expert legal commentator on numerous television and radio programs, including C-SPAN, Fox News, PBS, NewsHour, and The O'Reilly Factor.
U.S. Court of Appeals, Ninth Circuit
Sandra Segal Ikuta was confirmed as a judge of the U.S. Court of Appeals for the Ninth Circuit on June 19, 2006. She filled a judgeship vacant since September 1, 2000, when Chief Judge Emeritus James R. Browning took senior status.
Before becoming a U.S. Circuit Judge, California Gov. Arnold Schwarzenegger appointed her to be deputy secretary and general counsel of the California Resources Agency in January 2004.
Prior to her political appointment, Judge Ikuta was a partner at the Los Angeles office of O'Melveny & Myers LLP. She joined the law firm in 1990 as an associate and became a partner in 1997. She specialized in environmental and natural resources law and co-chaired the firm's environmental practice group. She previously served as a law clerk for U.S. Supreme Court Justice Sandra Day O'Connor, 1989-90, and Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, 1988-89.
Prior to her legal career, Judge Ikuta took an unorthodox career path, which included serving as the first female editor-in-chief of a national martial arts magazine.
She received her J.D. from the University of California at Los Angeles School of Law and a Master of Science from Columbia University School of Journalism. She earned her undergraduate degree from the University of California at Berkeley in 1976.
In addition to her duties as an active U.S. Circuit Judge, Judge Ikuta was an appointed member of the Judicial Conference of the U.S. Advisory Committee on Bankruptcy Rules.
Judge, United States Court of Appeals, Ninth Circuit
Judge O’Scannlain was appointed United States Circuit Judge for the Ninth Circuit by President Reagan on September 26, 1986. He received a J.D. degree in 1963 from Harvard Law School and a B.A. in 1957 from St. John’s University. He also earned the LL.M. (Judicial Process) degree at University of Virginia Law School in 1992. He was awarded the LL.D. (honoris causa) degree by the University of Notre Dame in 2002, the LL.D. (honoris causa) degree by Lewis & Clark College in 2003 and the LL.D. (honoris causa) degree by the University of Portland in 2011.
As a judge on the U.S. Court of Appeals for the Ninth Circuit, Judge O’Scannlain has participated in over 6,000 federal cases and has written hundreds of published opinions on a broad range of subjects including constitutional law, international law, securities law, administrative law, and criminal law. He hears appeals in San Francisco (court headquarters), as well as in Los Angeles (Pasadena), Portland, Seattle, Anchorage and Honolulu. The late Chief Justice Rehnquist appointed Judge O'Scannlain to the Federal Judicial Center's Advisory Committee on Appellate Judge Education. In 2009, Chief Justice Roberts appointed Judge O’Scannlain to the International Judicial Relations Committee of the U.S. Judicial Conference and subsequently appointed him Chairman in 2010.
President George W. Bush appointed Judge O’Scannlain to the Board of Trustees of the James Madison Memorial Fellowship Foundation in 2004. Pope Benedict XVI conferred the Order of Saint Gregory the Great on Judge and Mrs. O’Scannlain in 2007.
Judge O’Scannlain’s professional interests also include judicial administration and reform, and continuing legal education. Judge O’Scannlain is former Chair of the Judicial Division of the American Bar Association and has previously chaired the ABA’s Appellate Judges Conference, its Committee on Appellate Practice, and its 9th Appellate Practice Institute. He has testified before the Senate Judiciary Committee on several occasions, the House Judiciary Subcommittee on Courts and Intellectual Property, and the Commission on Structural Alternatives for the Federal Courts of Appeals on the subject of court reorganization. In addition to serving as a faculty member at numerous federal appellate practice seminars for judges and attorneys, including New York University Law School’s Institute for Judicial Administration, Judge O’Scannlain is an Adjunct Professor at Lewis & Clark Law School where he teaches a seminar on the Supreme Court. He has served as a Moot Court Judge at distinguished law schools across the United States including Harvard, Yale Stanford, Boalt Hall (Berkeley Law), Virginia, Cornell, Notre Dame, Fordham, Alabama, University of Southern California, King Hall (U.C. Davis) and Loyola Marymount University and in China at Xiamen and Renmin Universities.
Between graduation from Harvard and investiture as a federal judge, Judge O’Scannlain was primarily engaged in private law practice. Between 1969 and 1974, he was consecutively the Deputy Attorney General of Oregon, the Public Utility Commissioner of Oregon, and Director of the Oregon Department of Environmental Quality. He retired from the U.S. Army Reserve in 1978 as a Major after 23 years Reserve and National Guard service, including four years as an enlisted man.
A first generation Irish-American son of immigrant parents from Sligo and Derry, Judge O’Scannlain is married to the former Maura Nolan and has eight children: Sean, Jane, Brendan, Kevin, Megan, Christopher, Anne, and Kate, and nineteen grandchildren. His chambers are in the Pioneer Courthouse in Portland, Oregon.
Partner, Ashbrook Byrne Kresge Flowers LLC
Ben Flowers, a partner at Ashbrook Byrne Kresge Flowers LLC, is an accomplished litigator with experience briefing, arguing, and winning high-stakes cases in courts throughout the country.
Before joining the law firm, Ben served as Ohio's 10th Solicitor General. In that role he regularly represented the State of Ohio before the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the Supreme Court of Ohio. Most prominently, in National Federation of Independent Business v. Department of Labor, Ben led a multi-state challenge to OSHA's vaccine mandate, ultimately prevailing before the Supreme Court.
Ben is a graduate of The Ohio State University and the University of Chicago Law School. Following law school, Ben clerked for Judge Sandra Ikuta of the U.S. Court of Appeals for the Ninth Circuit and for Justice Antonin Scalia of the Supreme Court of this United States. Ben lives in Upper Arlington, Ohio with his wife Denise and their three very active children.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Associate, Baker Botts, LLP
Ellen Springer is an Associate at Baker Botts, LLP in Austin, TX. Before joining Baker Botts, she clerked for Chief Justice Nathan Hecht of the Texas Supreme Court. Ms. Springer received her B.A. from Georgetown and her J.D. from The University of Texas Law School.
Kathleen Q. Abernathy recently returned to Wilkinson Barker Knauer LLP as special counsel. She was previously elected to the Board of Directors of Frontier Communications as an independent director in 2006 following her term as a Commissioner at the Federal Communications Commission from 2001 to 2005. In 2010 she joined the company as Chief Legal Officer and Executive Vice President, Regulatory and Governmental Affairs. Prior to her term as an FCC Commissioner, Ms. Abernathy worked for a number of different telecommunications companies and law firms. She has received numerous awards in recognition of her professional accomplishments and has taught as an adjunct professor at Georgetown University Law Center and Catholic University’s Columbus School of Law. She received her B.S. from Marquette University and her J.D. from Catholic University’s Columbus School of Law.
Assistant Attorney General & Senior Trial Counsel to the Criminal Bureau, Massachusetts Attorney General
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.
Courthouse Steps: National Labor Relations Board v. Murphy Oil USA, Inc.
Labor & Employment Law Practice Group Teleforum
TeleforumUnited States Supreme Court Round-Up
Los Angeles Lawyers Chapter
Los Angeles, CAThe Restructuring of the Ninth Circuit
Michigan Student Chapter
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