Partner, Duane Morris LLP
William M. (Bill) McSwain practices in the area of litigation with a focus on white-collar criminal matters, internal investigations and complex business litigation. Bill is the immediate past U.S. Attorney for the Eastern District of Pennsylvania (EDPA), which is one of the nation’s most populous districts, with nearly six million people residing within Philadelphia and its eight surrounding counties. As U.S. Attorney, he served as the chief federal law enforcement officer in the EDPA, responsible for all federal criminal prosecutions, investigations and civil litigation involving the United States. He supervised a staff of approximately 300, including more than 140 Assistant U.S. Attorneys, at offices in Philadelphia and Allentown, PA.
Most importantly, Bill is a fighter who knows how to win. For example, as U.S. Attorney, he personally served as lead counsel in United States v Safehouse, in which he challenged Philadelphia’s plan to be the first city in the country to open supervised heroin injection sites. He argued and won the case in the U.S. Court of Appeals for the Third Circuit, which ruled that such sites would violate the federal Controlled Substances Act.
A former U.S. Marine Corps infantry officer and scout/sniper platoon commander, Bill brings an aggressive and creative approach to private practice, representing clients involved in government investigations and high stakes litigation. In particular, he enjoys taking on the challenge of winning seemingly “impossible” cases. He has lived that mindset from the very outset of his legal career.
For example, prior to his service as U.S. Attorney, Bill took on the case of an Iranian immigrant, Ken Hamidi, who was locked in a battle with Intel over emails that Mr. Hamidi has sent to Intel employees. After Mr. Hamidi had lost his case in the trial and intermediate appellate courts with other counsel, Bill took over and argued the case in front of the Supreme Court of California. In Intel Corp. v. Hamidi, 30 Cal.4th 1342 (2003), he won a 4-3 decision that established the legal rules for trespass liability on the Internet, one of the most significant cyberlaw rulings in the United States. Soon thereafter, Bill represented Chester County, Pennsylvania in its dispute regarding the attempted removal of an historic Ten Commandments plaque hanging on the façade of the County Courthouse. After the County lost at trial with other counsel, Bill stepped in and argued the case in front of the U.S. Court of Appeals for the Third Circuit. In Chester County, PA v. Freethought Society, et al., 334 F.3d 247 (3d Cir. 2003), he won a 3-0 decision that preserved the plaque, which is hanging on the Courthouse to this day. In one of his most challenging assignments, Bill began representing the Boy Scouts in 2008 in its dispute with the City of Philadelphia. Facing eviction from its historic headquarters building, the Scouts sued the City, alleging a violation of their First Amendment rights. In Cradle of Liberty Council, Boy Scouts of America v. City of Philadelphia, No. 2:08-cv-02429-RB (E.D. Pa.), Bill won a nationally publicized, three-week jury trial, and even secured a court ruling that the City had to pay the Scouts’ attorney’s fees.
Bill understands that, in a very real sense, anybody or any organization squaring off against the government – especially against the federal government – is an underdog. Bill has a long record of success advocating for clients in those situations. For example, in United States v. Bruno, No. 2:13-cr-00039-LS-6 (E.D. Pa.), he represented a Pennsylvania judge against federal conspiracy, wire fraud and mail fraud charges and won a full acquittal after a two-month jury trial. In United States. v. Brown, No. 2:12-cr-00367-RBS-1 (E.D. Pa.), Bill represented a nationally renowned charter school educator who faced a massive 67-count indictment alleging conspiracy, wire fraud, obstruction of justice and witness tampering. After a two-month trial, the jury acquitted Bill’s client on several counts and deadlocked on the others. The government eventually withdrew all of the deadlocked charges.
His record in the courtroom notwithstanding, Bill is also a thoughtful, intellectually curious strategist who has resolved numerous contentious matters out of court on terms his clients found favorable. He is a graduate of Yale University (B.A., cum laude, 1991) and the Harvard Law School (J.D., 2000), where he was an editor of the Harvard Law Review, won the Ames Moot Court Competition and received the George Leisure Award as the Best Oralist in the Ames Competition. He is an adjunct lecturer in law at the University of Pennsylvania Law School. He began his legal career by clerking for the Hon. Marjorie O. Rendell, U.S. Circuit Judge of the U.S. Court of Appeals for the Third Circuit.
A partner in the Litigation Department, David M. Bernick is a renowned trial lawyer and strategist, having acted as lead trial counsel for major U.S. and international corporations in the chemical, tobacco, technology and life sciences industries for 35 years. His experience spans complex class action and other aggregated litigation, mass torts and product liability, antitrust and competition, business restructuring and reorganization, mergers and acquisitions, corporate governance, securities and criminal environmental litigation. In 2016, Mr. Bernick was named the winner in the “Litigation: Business Trial Lawyers” category of the 2016 Chambers USA Awards. Bernick has a Masters from Yale, and graduated from the University of Chicago Law School.
Judge Robreno received a B.A. in History from Westfield State University, an M.S. in Labor Studies from the University of Massachusetts at Amherst, Massachusetts, and a J.D. from Rutgers Law School at Camden, New Jersey, where he served as articles editor of the law review. He was in private practice in Philadelphia, Pennsylvania from 1981-1992. At the time of his induction to the bench he was a partner in a large Philadelphia law firm. From 1978-1981, he served as a trial attorney for the United States Department of Justice Antitrust Division and Special Assistant U.S. Attorney. Throughout his nearly twenty five years judicial career, Judge Robreno has carried a full docket of civil and criminal cases. He is the author of over 1800 judicial opinions. Since 2008, Judge Robreno has presided over MDL-875 personal injury asbestos litigation, the largest multi-district litigation in the federal courts where he has been praised for resolving over 180,000 cases consisting of some 10 million claims. During his judicial career, in addition to his assignment as a District Judge in the Eastern District of Pennsylvania, he has sat by designation with the Court of Appeals for the Third Circuit, and Eleventh Circuit, the Ninth Circuit and the District Courts in New Jersey, Delaware and Western District of Pennsylvania. He is currently sitting by designation in the District of Delaware.
Partner, Seeger Weiss LLP
Chris is a founding partner of Seeger Weiss and one of the nation’s leading attorneys in the areas of complex and mass tort actions. He has earned leadership appointments from state and federal courts throughout the U.S. in many noteworthy multi-district litigations, including pharmaceutical actions involving Vioxx, Zyprexa, Gadolinium, and DePuy ASR, among others. In 2012, the U.S. District Court for the Eastern District of Pennsylvania appointed Chris to lead the multi-district litigation against the National Football League arising out of concussion-related injuries sustained by thousands of former NFL players. In the face of significant legal challenges, he was able to negotiate an uncapped global settlement with an estimated value of over one billion dollars. In 2016, he was appointed to the Plaintiffs' Steering Committee for the MDL concerning the Volkswagen diesel emissions scandal, in the U.S. District Court, Northern District of California. Chris served on the Settlement Committee and was one of the lead negotiators of a $14.7 billion settlement which includes a massive buyback program for consumers and billions of dollars for environmental remediation. He was also appointed Plaintiffs' Co-Lead Counsel for the Testosterone Replacement Therapy litigation in the Northern District of Illinois; as Co-Lead Counsel in the Proton Pump Inhibitor multidistrict litigation in the U.S. District Court for the District of New Jersey; to the Executive and Settlement Committees for the National Prescription Opiate litigation in the Northern District of Ohio; to the Plaintiffs’ Settlement Committee, serving as Lead Negotiator, for the Syngenta GMO Corn litigation, resulting in a $1.5 billion nationwide settlement. Recent appointments include: Co-Lead Counsel in the 3M Combat Arms Earplug Products Liability Litigation, in the Northern District of Florida, where Chris represents thousands of U.S. military members who have suffered hearing loss and tinnitus; and Co-Lead Counsel in the Intel CPU Marketing, Sales Practices and Products Liability litigation in the District of Oregon. He is an elected member of the American Law Institute; a member of the Board of Advisors to the NYU School of Law, Center on Civil Justice; and serves on the Leadership Council to the Bolch Judicial Institute at Duke Law School.
Counsel in the Complex Commercial Litigation department at McGuireWoods LLP. Co-author of The Class Action Playbook (Oxford Univ. Press 2010). Blogs at the Class Action Countermeasures blog at classactioncountermeasures.com.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Executive Director, Society for the Rule of Law
Associate Professor of Law, Center for Intellectual Property and Entrepreneurship, University of Missouri School of Law
Professor Lietzan researches, writes, and teaches primarily in the areas of food and drug regulation, intellectual property, and administrative law. Some of her recent scholarship has focused on the nature and purpose of the new drug approval system, federal regulation of fecal microbiota transplantation, federal regulation of products derived from cannabis, the political economy of the Hatch-Waxman (generic drug) statute, and incentives to study already approved drugs for new uses. She is an award-winning teacher, and she has been an elected member of the American Law Institute since 2006.
Professor Lietzan brings to her scholarship and teaching eighteen years of private practice experience, eight of them as a partner in the food and drug group at Covington & Burling in Washington, DC. In practice, she handled a wide range of complex legal problems and broader legislative and regulatory policy questions affecting FDA-regulated companies. This work included lifecycle management and strategy issues, regulatory strategy and advocacy, white collar defense, congressional investigations, briefing in products liability cases, and international regulatory policy work. She was involved in every major amendment to the Federal Food, Drug, and Cosmetic Act (FDCA) between 1997 and 2014 and was deeply immersed for more than a decade in the development of the Biologics Price Competition and Innovation Act of 2010. She has been consistently identified by her peers in private practice as a “Best Lawyer in America” in the categories of FDA law (since 2013) and Biotechnology Law (since 2007).
Professor Lietzan has held one leadership position or another at the Food and Drug Law Institute (FDLI) since 2004, including a stint on its Board of Directors from 2008 to 2012. She also held leadership positions in the American Bar Association’s Section of Science and Technology Law for fourteen years.
Professor Lietzan received a bachelor’s degree from the University of North Carolina, where she graduated with honors in history. She holds a master’s degree in history from UCLA and a law degree with high honors from Duke Law School.
Professor of Law, University of Pittsburgh School of Law
Arthur D. Hellman, a professor of law (emeritus) at the University of Pittsburgh, is a nationally recognized scholar of the federal courts who has also written in the area of the First Amendment. His publications include numerous articles and several books, including casebooks in both areas, Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process (5th edition 2022) (with David R. Stras, Ryan W. Scott, F. Andrew Hessick, and Derek T. Muller); and First Amendment Law: Freedom of Speech and Freedom of Religion (5th edition 2022) (with William D. Araiza, Thomas E. Baker, and Ashutosh A. Bhagwat).
In addition to his casebooks and academic writing, Processor Hellman has worked with the Judiciary Committees in the House and Senate in drafting federal courts legislation, including the most recent (2002) revision of the Judicial Conduct and Disability Act (Title 28, Chapter 16). The legislative histories of two major jurisdictional statutes – the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the “Holmes Group Fix” (enacted as part of the America Invents Act) – acknowledge his contributions.
Professor Hellman has testified as an invited witness at numerous hearings of both Judiciary Committees. His testimony has focused on a wide variety of legislative issues related to the federal courts, including the jurisdiction of the Supreme Court; proposals to divide the Ninth Circuit Court of Appeals; federal judicial discipline; unpublished appellate opinions; and the constitutionality of legislative restrictions on the powers of the federal courts.
In 2005 Professor Hellman was appointed as the inaugural holder of the Sally Ann Semenko Endowed Chair at the University. In 2002 he received the Chancellor’s Distinguished Research Award “as a faculty member who has an outstanding and continuing record of research and scholarly activity.”
Closing Remarks - "Living the Rule of Law"
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