Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
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
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, Ogletree, Deakins, Nash, Smoak & Stewart
Chris Murray is Co-Chair of the firm’s Arbitration and Alternative Dispute Resolution Practice Group. In this role, he assists attorneys throughout the firm and clients nationwide to create, roll out, and enforce effective employment arbitration agreements and other ADR programs. Mr. Murray has extensive experience with class/collective action waivers in employment arbitration. Mr. Murray was part of the Ogletree team that successfully defended the use of such waivers in the Fifth Circuit’s landmark decision in D.R. Horton, Inc. v. N.L.R.B. Since then, he has successfully defended the enforceability of class action waivers in numerous subsequent cases and submitted an amicus brief on the subject on behalf of several major employers’ associations in the Supreme Court’s Murphy Oil case. Mr. Murray assists clients and the Firm’s attorneys to draft or revise arbitration programs focused on a client’s specific needs and goals and in light of changing law and evolving best practices.
Partner, Nelson Mullins Riley & Scarborough LLP
Miles practices in the areas of appeals, business litigation, and First Amendment law. In addition to representing clients in complex civil and criminal litigation and appeals, Miles advises and represents public and private universities and serves as outside general counsel to several business and educational clients. He also represents and counsels private entities and government agencies and officials, including multiple current and former governors of South Carolina and members of Congress, on issues relating to the constitutional and statutory freedoms of speech, religion, and association. His First Amendment work has been cited by the United States Supreme Court.
Senior Counsel and Vice President of U.S. Litigation, Alliance Defending Freedom
David A. Cortman, Esq., serves as senior counsel and vice president of U.S. litigation with Alliance Defending Freedom. He joined ADF in 2005 and currently supervises a team of nearly 40 attorneys and legal staff who specialize in constitutional law, focusing on religious freedom, sanctity of life, and marriage and family.
Cortman has successfully litigated over 200 constitutional law cases in both federal and state court at all levels. He has also litigated several U.S. Supreme Court cases, including arguing before the Court in Reed v. Town of Gilbert, which resulted in a 9-0 victory, with the Court holding that the government could not discriminate against religious speech while favoring political speech. He served as lead counsel in Trinity Lutheran Church of Columbia v. Pauley, which was decided in the Church's favor. He has also served as lead or co-counsel in victories at the high court in Conestoga Wood Specialties v. Burwell, successfully challenging the U.S. Department of Health and Human Services abortion pill mandate that forces employers to provide healthcare coverage that includes abortion-inducing drugs in violation of their religious convictions; Town of Greece v. Galloway, successfully defending the freedom of Americans to pray at public meetings.
Cortman earned his J.D. from Regent University School of Law in 1996, graduating magna cum laude. He is a member of the state bar in Georgia, Florida, Arizona, and the District of Columbia, and is admitted to practice in over two dozen federal courts, including the U.S. Supreme Court. He also teaches legal courses on the First Amendment and civil rights litigation.
Partner, Nelson Mullins Riley & Scarborough LLP
Miles practices in the areas of appeals, business litigation, and First Amendment law. In addition to representing clients in complex civil and criminal litigation and appeals, Miles advises and represents public and private universities and serves as outside general counsel to several business and educational clients. He also represents and counsels private entities and government agencies and officials, including multiple current and former governors of South Carolina and members of Congress, on issues relating to the constitutional and statutory freedoms of speech, religion, and association. His First Amendment work has been cited by the United States Supreme Court.
Senior Counsel and Vice President of U.S. Litigation, Alliance Defending Freedom
David A. Cortman, Esq., serves as senior counsel and vice president of U.S. litigation with Alliance Defending Freedom. He joined ADF in 2005 and currently supervises a team of nearly 40 attorneys and legal staff who specialize in constitutional law, focusing on religious freedom, sanctity of life, and marriage and family.
Cortman has successfully litigated over 200 constitutional law cases in both federal and state court at all levels. He has also litigated several U.S. Supreme Court cases, including arguing before the Court in Reed v. Town of Gilbert, which resulted in a 9-0 victory, with the Court holding that the government could not discriminate against religious speech while favoring political speech. He served as lead counsel in Trinity Lutheran Church of Columbia v. Pauley, which was decided in the Church's favor. He has also served as lead or co-counsel in victories at the high court in Conestoga Wood Specialties v. Burwell, successfully challenging the U.S. Department of Health and Human Services abortion pill mandate that forces employers to provide healthcare coverage that includes abortion-inducing drugs in violation of their religious convictions; Town of Greece v. Galloway, successfully defending the freedom of Americans to pray at public meetings.
Cortman earned his J.D. from Regent University School of Law in 1996, graduating magna cum laude. He is a member of the state bar in Georgia, Florida, Arizona, and the District of Columbia, and is admitted to practice in over two dozen federal courts, including the U.S. Supreme Court. He also teaches legal courses on the First Amendment and civil rights litigation.
Deputy Counsel, Wisconsin Institute for Law and Liberty
Dan Lennington serves as Deputy Counsel at the Wisconsin Institute for Law & Liberty (WILL), where he directs the Equality Under the Law Project. Started in early 2021, the EUL Project has represented dozens of individuals and businesses nationwide, successfully advocating for race neutrality in both public and private programs.
Before joining WILL, Dan served as Assistant Deputy Attorney General in Wisconsin and Assistant U.S. Attorney in Oklahoma. He is a graduate of Hillsdale College.
Dan can be reached at dan@will-law.org. More information about the EUL Project can be found at www.defendequality.org.
Executive Director & Secretary, American Civil Rights Project
Dan Morenoff is the executive director at the American Civil Rights Project and an adjunct fellow at the Manhattan Institute.
His work focuses on protecting and, where necessary, restoring the primacy of all Americans' shared civil rights against the identitarian alternative.
Before practicing law, Morenoff served on the legislative staff of Sen. Phil Gramm (R-TX). Morenoff holds a B.A. from Columbia College of Columbia University in the City of New York and a J.D. from the University of Chicago Law School. He has also served as an officer or director of several community organizations in Dallas, Texas.
Partner, Nelson Mullins Riley & Scarborough LLP
Miles practices in the areas of appeals, business litigation, and First Amendment law. In addition to representing clients in complex civil and criminal litigation and appeals, Miles advises and represents public and private universities and serves as outside general counsel to several business and educational clients. He also represents and counsels private entities and government agencies and officials, including multiple current and former governors of South Carolina and members of Congress, on issues relating to the constitutional and statutory freedoms of speech, religion, and association. His First Amendment work has been cited by the United States Supreme Court.
Senior Counsel and Vice President of U.S. Litigation, Alliance Defending Freedom
David A. Cortman, Esq., serves as senior counsel and vice president of U.S. litigation with Alliance Defending Freedom. He joined ADF in 2005 and currently supervises a team of nearly 40 attorneys and legal staff who specialize in constitutional law, focusing on religious freedom, sanctity of life, and marriage and family.
Cortman has successfully litigated over 200 constitutional law cases in both federal and state court at all levels. He has also litigated several U.S. Supreme Court cases, including arguing before the Court in Reed v. Town of Gilbert, which resulted in a 9-0 victory, with the Court holding that the government could not discriminate against religious speech while favoring political speech. He served as lead counsel in Trinity Lutheran Church of Columbia v. Pauley, which was decided in the Church's favor. He has also served as lead or co-counsel in victories at the high court in Conestoga Wood Specialties v. Burwell, successfully challenging the U.S. Department of Health and Human Services abortion pill mandate that forces employers to provide healthcare coverage that includes abortion-inducing drugs in violation of their religious convictions; Town of Greece v. Galloway, successfully defending the freedom of Americans to pray at public meetings.
Cortman earned his J.D. from Regent University School of Law in 1996, graduating magna cum laude. He is a member of the state bar in Georgia, Florida, Arizona, and the District of Columbia, and is admitted to practice in over two dozen federal courts, including the U.S. Supreme Court. He also teaches legal courses on the First Amendment and civil rights litigation.
Are the Credibility Findings of National Labor Relations Board Administrative Law Judges Credible?
R. Pepper Crutcher, Alexander T. MacDonald, Tammy Dee McCutchen, Christopher C. Murray
The Administrative Procedure Act directs federal courts to review and to set aside final agency...
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Wrong Foote Forward: First Circuit Tramples Parental Rights
Over the last decade, many parents have been complaining about the fact that public schools...
Litigation Update: Kluge v. Brownsburg Community School Corporation
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Where should the line be drawn in the debate between the rights of persons to...
Litigation Update: Kluge v. Brownsburg Community School Corporation
Miles Coleman, David A. Cortman
Where should the line be drawn in the debate between the rights of persons to...
Litigation Update: Kluge v. Brownsburg Community School Corporation
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Markel v. Union of Orthodox Jewish Congregations of America: Welcome Developments in the Law of Church Autonomy
In its recent decision in Markel v. Union of Orthodox Jewish Congregations of America, the...
The Twin Commands: Streamlining Equality Litigation Based on Students for Fair Admissions
Daniel Lennington
Each year, government contracting programs dole out tens of billions of dollars to businesses that...
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Unpacking the Title IX Chaos: Are Single-Sex Spaces Allowed?
This fall, as daughters wave farewell and head to school, parents and administrators may well...
Racially Discriminatory Corporate Policies: Who's Liable?
Dan Morenoff
Laws banning discrimination have been on the books across America for more than a century...
Civility in Action: The Seventh Circuit's Gold Standard
Indiana-Bloomington Student Chapter
Bloomington, IN