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.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Partner, Arnold & Porter
John Elwood is the head of Arnold & Porter’s Appellate and Supreme Court practice. He has argued before the Supreme Court nine times, and appeared before most of the federal courts of appeals. He has successfully argued cases across a broad cross-section of subjects, with particular experience in environmental law, the False Claims Act, government contracting, and federal criminal law
Mr. Elwood’s work has earned him recognition as one of Washington’s top Supreme Court lawyers (Washingtonian, 2013), as one of “a small group of lawyers” with an “outsized influence at the U.S. Supreme Court” (Reuters, 2014), and as one of the country’s most innovative lawyers (Financial Times, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills” (2013), and describes Mr. Elwood as “phenomenal” (2014), “incredibly talented” (2012), and “a much-loved and widely respected lawyer who is quick on his feet” (2010).
Before joining the firm, Mr. Elwood served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than 20 merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and federal agencies on a range of constitutional, statutory, and regulatory issues.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Partner, Jones Day
Professor of Law, Georgetown University Law Center
Eloise Pasachoff is Professor of Law, Anne Fleming Research Professor, and Associate Dean for Careers at the Georgetown University Law Center, where she specializes in the administrative law of federal funding. An award-winning teacher and scholar, she is a public member of the Administrative Conference of the United States and serves on the Academic Advisory Board of the Supreme Court Fellows program. She is a former law clerk to Justice Sotomayor (Supreme Court), Judge Robert A. Katzmann (Second Circuit), and Judge Jed S. Rakoff (Southern District of New York).
Partner, Sidley Austin LLP
Virginia Seitz is a partner in Sidley Austin’s Supreme Court and Appellate practice. On behalf of a wide range of clients, she has handled cases in the United States Supreme Court, in virtually all federal courts of appeals, and in state appellate courts. Virginia was counsel of record on the amicus brief on behalf of retired military officers in Grutter v. Bollinger, 539 U.S. 306 (2003), and Gratz v. Bollinger, 539 U.S. 244 (2003), which the Supreme Court cited at oral argument and in its opinion and which the New York Times piece noted “may have been the most influential amicus brief in the history of the Supreme Court.” She has handled an array of district court litigation involving important constitutional and federal law issues, including the Appropriations and Supremacy Clauses of the Constitution, the First Amendment, Title IX, Title VII, the Anti-Deficiency Act, ERISA, and federal labor laws.
Virginia returned to Sidley in 2014 after serving in the Senate-confirmed position of Assistant Attorney General for the Office of Legal Counsel in the Department of Justice. She was the first woman to be confirmed to that position. As the leader of that Office, Virginia was responsible for providing legal advice to the President and Executive Branch departments and agencies on issues of particular difficulty and importance. Virginia previously served as an appointee of the Chief Justice on the Advisory Committee on Civil Rules. In January 2017, she was elected to the American Law Institute. Earlier in her career, Virginia was confirmed by the Senate to the first Board of Directors of the Congressional Office of Compliance and served from May 1995 to 2000. Virginia has been recognized for her Appellate Law practice by Chambers USA, in The Legal 500 US in Litigation: Supreme Court and Appellate, and in The Best Lawyers in America.
Virginia clerked at the Supreme Court for Justice William J. Brennan, Jr., and before that for Judge Harry T. Edwards of the D.C. Circuit. She is a graduate of University at Buffalo Law School, received her M.A. from Oxford University where she was a Rhodes Scholar, and received her B.A. from Duke University, summa cum laude with distinction.
Partner, McGuireWoods LLP
Farnaz is a skilled litigator with extensive experience in representing employers and institutions of higher education, including academic medical centers, in breach of contract, constitutional, discrimination, and tort litigation. She has conducted investigations, advised clients on employment and education laws, and represented them before federal agencies, including the U.S. Department of Labor and U.S. Department of Education.
Farnaz successfully has defended employers, state agencies, government officials, and institutions of higher education in over 30 civil actions as first chair before federal and state courts as well as trial and appellate courts. Farnaz also has advised clients on investigations under civil rights laws such as Title VI of the Civil Rights Act of 1964 (discrimination based on race, color, or national origin), Title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, and national origin), and Title IX of the Education Amendments of 1972 (discrimination based on sex). Her deep knowledge of education laws and regulations includes the Higher Education Act of 1965, as amended; accreditation; borrower defense to repayment; gainful employment; financial responsibility standards; FERPA and other privacy laws; the Clery Act; and the Violence Against Women Act (VAWA).
Farnaz is experienced with student and employee disciplinary issues, including under Title IX, and has represented institutions in such matters in several of her previous roles. Representing institutions in Title IX cases requires a nuanced approach, as the institution must balance legal compliance with compassion and care, supporting victims while providing a fair process for both parties, including the accused. Farnaz strikes this balance and is a trusted resource for her clients.
Prior to joining McGuireWoods, Farnaz served as the Deputy General Counsel for Postsecondary Education at the U.S. Department of Education and also as in-house counsel at the University of Virginia. She advised the U.S. Department of Education on litigation strategy and worked closely with the U.S. Department of Justice in cases arising under federal antidiscrimination laws and the Administrative Procedure Act. Government officials also relied on her close counsel in preparation for congressional investigations and hearings. At the University of Virginia, she advised University officials on federal education and employment laws and represented the University and its academic medical center in litigation. She also drafted the University’s antidiscrimination and conduct policies, including free speech policies.
She began her legal career as a law clerk to the Honorable Eric G. Bruggink, Senior Judge, U.S. Court of Federal Claims, and later as a law clerk to the Honorable Leroy Rountree Hassell, Sr., the former Chief Justice, Supreme Court of Virginia.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Charles I. Francis Professorship in Law, University of Texas at Austin School of Law
Professor Aaron Nielson lectures and writes in the areas of administrative law, civil procedure, and federal courts. Before joining the faculty, he served as Solicitor General of Texas and represented Texas before the U.S. Supreme Court and the Texas Supreme Court, as well as overseeing all appellate litigation for the State. Earlier in his career, he was a professor at Brigham Young University and an appellate and antitrust partner in the Washington, D.C. office of Kirkland & Ellis LLP. He also clerked for Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
As Solicitor General, Professor Nielson successfully defended against a First Amendment challenge Texas’s law requiring online pornographers to institute age verification. In 2020, the U.S. Supreme Court appointed him to defend the constitutionality of a federal agency. He currently serves as a Senior Fellow of the Administrative Conference of the United States after completing a six-year term as an appointed public member and chair of the Conference’s Administration & Management Committee.
Nielson’s research focuses on administrative law, federal litigation, and the separation of powers. He has published (or soon will publish) in the Harvard Law Review, Columbia Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, Duke Law Journal, Georgetown Law Journal, Cornell Law Review, and Northwestern University Law Review, among others. Nielson has been recognized for teaching for teaching and scholarship and in 2021 received the Federalist Society’s Joseph Story Award, which recognizes a young academic for excellence in legal scholarship, a commitment to teaching, and a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society. He is also an elected member of the American Law Institute.
Professor Nielson received his J.D. magna cum laude from Harvard Law School and an LL.M from the University of Cambridge, where he focused his studies on the institutions that regulate global competition and commerce. He received his undergraduate degree summa cum laude from the University of Pennsylvania, majoring in economics and political science.
Partner, Gibson Dunn
Lucas C. Townsend is a litigation partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the firm’s Appellate and Constitutional Law and Intellectual Property practice groups.
Mr. Townsend has litigated a wide range of appellate and trial matters in federal and state court. Mr. Townsend’s appellate practice includes representing corporate clients in high-stakes commercial disputes, litigating cutting-edge legal issues before the Supreme Court of the United States, and representing pro bono clients before the courts of appeals. Mr. Townsend’s intellectual property practice includes representing pharmaceutical, internet, and other technology companies in patent and trademark disputes. In addition, Mr. Townsend regularly represents clients in litigation under the Administrative Procedure Act and provides counseling on accounting regulation.
Representative matters include serving as appellate counsel for the world’s largest social networking website and drafting successful briefing in a significant noninfringement appeal; briefing appeals on behalf of pharmaceutical patent holders in Hatch-Waxman Act litigation; drafting successful briefing for a documentary filmmaker’s First Amendment challenge to Colorado’s campaign finance laws; briefing appeals from final judgments in a landmark securities-fraud class action; representing a national hospital network in appellate litigation resulting in a $60 million reduction in a punitive damages award; representing broadcasters in litigation against the Federal Communications Commission under the Administrative Procedure Act; representing a for-profit education company in an enforcement action brought by the Consumer Financial Protection Bureau; and briefing numerous matters in the Supreme Court of the United States involving class certification, antitrust, employment, and constitutional issues.
Before joining the firm, Mr. Townsend served as a law clerk to the Honorable Samuel A. Alito, Jr. of the Supreme Court of the United States, the Honorable Maryanne Trump Barry of the United States Court of Appeals for the Third Circuit, and the Honorable Harold A. Ackerman of the United States District Court for the District of New Jersey. Mr. Townsend also served as an Attorney Adviser in the United States Department of Justice, National Security Division, from 2007 to 2009.
Mr. Townsend graduated magna cum laude from the Seton Hall University School of Law, where he was Executive Editor of the Seton Hall Law Review. He received an undergraduate degree in biochemistry from Cornell University.
Mr. Townsend is admitted to practice in the District of Columbia, New York, and New Jersey.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Partner, Arnold & Porter
John Elwood is the head of Arnold & Porter’s Appellate and Supreme Court practice. He has argued before the Supreme Court nine times, and appeared before most of the federal courts of appeals. He has successfully argued cases across a broad cross-section of subjects, with particular experience in environmental law, the False Claims Act, government contracting, and federal criminal law
Mr. Elwood’s work has earned him recognition as one of Washington’s top Supreme Court lawyers (Washingtonian, 2013), as one of “a small group of lawyers” with an “outsized influence at the U.S. Supreme Court” (Reuters, 2014), and as one of the country’s most innovative lawyers (Financial Times, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills” (2013), and describes Mr. Elwood as “phenomenal” (2014), “incredibly talented” (2012), and “a much-loved and widely respected lawyer who is quick on his feet” (2010).
Before joining the firm, Mr. Elwood served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than 20 merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and federal agencies on a range of constitutional, statutory, and regulatory issues.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Partner, Arnold & Porter
John Elwood is the head of Arnold & Porter’s Appellate and Supreme Court practice. He has argued before the Supreme Court nine times, and appeared before most of the federal courts of appeals. He has successfully argued cases across a broad cross-section of subjects, with particular experience in environmental law, the False Claims Act, government contracting, and federal criminal law
Mr. Elwood’s work has earned him recognition as one of Washington’s top Supreme Court lawyers (Washingtonian, 2013), as one of “a small group of lawyers” with an “outsized influence at the U.S. Supreme Court” (Reuters, 2014), and as one of the country’s most innovative lawyers (Financial Times, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills” (2013), and describes Mr. Elwood as “phenomenal” (2014), “incredibly talented” (2012), and “a much-loved and widely respected lawyer who is quick on his feet” (2010).
Before joining the firm, Mr. Elwood served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than 20 merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and federal agencies on a range of constitutional, statutory, and regulatory issues.
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
Judge, United States Court of Appeals, Second Circuit
Judge Menashi was appointed to the U.S. Court of Appeals for the Second Circuit on November 14, 2019. Previously, he served as special assistant and associate counsel to the President in the White House and as acting general counsel at the U.S. Department of Education. He was assistant professor of law at Scalia Law School, George Mason University, where he taught administrative law and civil procedure, and a research fellow at New York University School of Law and Georgetown University Law Center. He was also a partner at Kirkland & Ellis LLP in New York, where he practiced appellate and commercial litigation, and served as a law clerk to Justice Samuel Alito on the Supreme Court of the United States and to Judge Douglas Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He graduated from Stanford Law School, where he was elected to Order of the Coif and served as senior articles editor of the Stanford Law Review, and from Dartmouth College, where he was elected to Phi Beta Kappa.
Partner, Jones Day
Professor of Law, Georgetown University Law Center
Eloise Pasachoff is Professor of Law, Anne Fleming Research Professor, and Associate Dean for Careers at the Georgetown University Law Center, where she specializes in the administrative law of federal funding. An award-winning teacher and scholar, she is a public member of the Administrative Conference of the United States and serves on the Academic Advisory Board of the Supreme Court Fellows program. She is a former law clerk to Justice Sotomayor (Supreme Court), Judge Robert A. Katzmann (Second Circuit), and Judge Jed S. Rakoff (Southern District of New York).
Partner, Sidley Austin LLP
Virginia Seitz is a partner in Sidley Austin’s Supreme Court and Appellate practice. On behalf of a wide range of clients, she has handled cases in the United States Supreme Court, in virtually all federal courts of appeals, and in state appellate courts. Virginia was counsel of record on the amicus brief on behalf of retired military officers in Grutter v. Bollinger, 539 U.S. 306 (2003), and Gratz v. Bollinger, 539 U.S. 244 (2003), which the Supreme Court cited at oral argument and in its opinion and which the New York Times piece noted “may have been the most influential amicus brief in the history of the Supreme Court.” She has handled an array of district court litigation involving important constitutional and federal law issues, including the Appropriations and Supremacy Clauses of the Constitution, the First Amendment, Title IX, Title VII, the Anti-Deficiency Act, ERISA, and federal labor laws.
Virginia returned to Sidley in 2014 after serving in the Senate-confirmed position of Assistant Attorney General for the Office of Legal Counsel in the Department of Justice. She was the first woman to be confirmed to that position. As the leader of that Office, Virginia was responsible for providing legal advice to the President and Executive Branch departments and agencies on issues of particular difficulty and importance. Virginia previously served as an appointee of the Chief Justice on the Advisory Committee on Civil Rules. In January 2017, she was elected to the American Law Institute. Earlier in her career, Virginia was confirmed by the Senate to the first Board of Directors of the Congressional Office of Compliance and served from May 1995 to 2000. Virginia has been recognized for her Appellate Law practice by Chambers USA, in The Legal 500 US in Litigation: Supreme Court and Appellate, and in The Best Lawyers in America.
Virginia clerked at the Supreme Court for Justice William J. Brennan, Jr., and before that for Judge Harry T. Edwards of the D.C. Circuit. She is a graduate of University at Buffalo Law School, received her M.A. from Oxford University where she was a Rhodes Scholar, and received her B.A. from Duke University, summa cum laude with distinction.
Partner, McGuireWoods LLP
Farnaz is a skilled litigator with extensive experience in representing employers and institutions of higher education, including academic medical centers, in breach of contract, constitutional, discrimination, and tort litigation. She has conducted investigations, advised clients on employment and education laws, and represented them before federal agencies, including the U.S. Department of Labor and U.S. Department of Education.
Farnaz successfully has defended employers, state agencies, government officials, and institutions of higher education in over 30 civil actions as first chair before federal and state courts as well as trial and appellate courts. Farnaz also has advised clients on investigations under civil rights laws such as Title VI of the Civil Rights Act of 1964 (discrimination based on race, color, or national origin), Title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, and national origin), and Title IX of the Education Amendments of 1972 (discrimination based on sex). Her deep knowledge of education laws and regulations includes the Higher Education Act of 1965, as amended; accreditation; borrower defense to repayment; gainful employment; financial responsibility standards; FERPA and other privacy laws; the Clery Act; and the Violence Against Women Act (VAWA).
Farnaz is experienced with student and employee disciplinary issues, including under Title IX, and has represented institutions in such matters in several of her previous roles. Representing institutions in Title IX cases requires a nuanced approach, as the institution must balance legal compliance with compassion and care, supporting victims while providing a fair process for both parties, including the accused. Farnaz strikes this balance and is a trusted resource for her clients.
Prior to joining McGuireWoods, Farnaz served as the Deputy General Counsel for Postsecondary Education at the U.S. Department of Education and also as in-house counsel at the University of Virginia. She advised the U.S. Department of Education on litigation strategy and worked closely with the U.S. Department of Justice in cases arising under federal antidiscrimination laws and the Administrative Procedure Act. Government officials also relied on her close counsel in preparation for congressional investigations and hearings. At the University of Virginia, she advised University officials on federal education and employment laws and represented the University and its academic medical center in litigation. She also drafted the University’s antidiscrimination and conduct policies, including free speech policies.
She began her legal career as a law clerk to the Honorable Eric G. Bruggink, Senior Judge, U.S. Court of Federal Claims, and later as a law clerk to the Honorable Leroy Rountree Hassell, Sr., the former Chief Justice, Supreme Court of Virginia.
Courthouse Steps Decision Webinar: Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System
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Steven J. Menashi, Hashim M. Mooppan, Eloise Pasachoff, Virginia Seitz, Farnaz F. Thompson
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