Partner and Co-Chair of Securities & Regulatory Enforcement, Stradley Ronon
As a former supervisory assistant chief litigation counsel in the Enforcement Division of the U.S. Securities and Exchange Commission (SEC), Jan Folena has led and successfully litigated many of the financial service industry’s most complex and high-profile cases. She has appeared in federal courts across the United States as lead trial counsel, handling issues at the forefront of the securities industry, including in one of only a few financial fraud jury trials, a highly publicized insider trading trial, and an enforcement action against the Big Four accounting firms.
As co-chair of Stradley Ronon’s securities and regulatory enforcement practice, Jan focuses her practice on assisting firms and individuals in navigating internal investigations, regulatory enforcement matters, commercial disputes and, when necessary, arbitration, mediation and trial. She regularly advises asset managers, broker-dealers, registered and private funds, public companies, officers, directors, principals and auditors on complex matters involving enforcement of federal and state securities laws, including regulatory examinations, internal investigations and litigation. Jan also represents clients in congressional inquiries, before state regulators, and in third-party litigation.
In her previous supervisory role at the SEC, Jan managed a team of trial lawyers and investigative staff while providing legal guidance and litigation risk assessment to the commission and SEC division heads. Jan was selected to serve as the first assistant chief litigation counsel to the SEC’s Asset Management Unit providing legal advice and serving as litigation counsel for cases brought under the Investment Company Act of 1940 and the Investment Advisers Act of 1940. Prior to joining the SEC, Jan served as chief trial counsel at the Commodity Futures Trading Commission and as trial counsel at the U.S. Department of Justice, Commercial Litigation Branch.
Jan’s expansive government career serves as the foundation for her substantial insights and firsthand knowledge into industry best practices and solutions for clients. She is frequently sought after for her sophisticated knowledge and understanding of federal securities laws, administrative procedure, federal and state court litigation, and enforcement actions at the SEC and other regulatory agencies.
Senior Litigation Counsel, New Civil Liberties Alliance
Peggy Little, Senior Counsel at New Civil Liberties Alliance, a new public interest law firm challenging the administrative state founded in 2017 by Professor Philip Hamburger, has over three decades of experience as a trial and appellate litigator in complex, high-stakes regulatory, mass-tort, class-action, products liability, securities, commercial and civil rights litigation representing individuals and high-profile litigants including Fortune 50 companies, financial institutions, public companies, and universities in state and federal courts, including the United States Supreme Court.
Peggy is a graduate of Yale College and Yale Law School, where she was awarded the Potter Stewart Prize. She was a law clerk to the Hon. Ralph K. Winter on the U.S. Court of Appeals for the Second Circuit. Prior to starting her own trial and appellate law firm in 1997, where she was appellate consulting counsel to the New Haven firefighters in Ricci v.DeStefano, a landmark 2009 United States Supreme Court decision, Peggy was a partner at Tyler, Cooper & Alcorn in New Haven, Connecticut. From 2004 to early 2018, Peggy directed, part-time, the Federalist Society Pro Bono Center.
Peggy has participated in many national conferences and symposia addressing issues of current importance in constitutional law – specifically state and federal constitutional questions regarding the separation of powers and the first amendment – and regularly speaks, blogs and publishes on the topic of the unconstitutional exercise of governmental power. In May of 2017, she presented her paper, Pirates at the Parchment Gates, to a conference of state and federal judges at the Law and Economics Center at the Antonin Scalia Law School. Her work has been published by law reviews, legal publications, the Federalist Society, the Wall Street Journal, Law and Liberty and the Manhattan Institute.
Recent publications include: How the SEC silences its critics, The SEC should listen to Sen. Cotton, Lucia v. SEC, Opening Salvos in the Opioid Litigation Wars, Straight Dope on the Opioid Crisis
Executive Director, Milken Institute Center for Financial Markets
Michael S. Piwowar is the executive director of the Milken Institute Center for Financial Markets. Dr. Piwowar served as a Commissioner at the U.S. Securities and Exchange Commission from August 15, 2013 to July 6, 2018. He was first appointed to the SEC by President Barack Obama and was designated Acting Chairman of the Commission by President Donald Trump from January 23, 2017 to May 4, 2017. He was previously the Republican chief economist for the U.S. Senate Committee on Banking, Housing, and Urban Affairs under Senators Mike Crapo (R-ID) and Richard Shelby (R-AL) and served as the lead Republican economist on the four SEC-related titles of the Dodd-Frank Act and the JOBS Act. During the financial crisis and its immediate aftermath, Dr. Piwowar served in a one-year fixed-term position at the White House as a senior economist at the President’s Council of Economic Advisers (CEA) in both the George W. Bush and Barack Obama Administrations. Before joining the White House, Dr. Piwowar worked as a Principal at the Securities Litigation and Consulting Group (SLCG). He received a B.A. in Foreign Service and International Politics from the Pennsylvania State University, an M.B.A. from Georgetown University, and a Ph.D. in Finance from the Pennsylvania State University.
Chair, Stephen Hopkins Center for Civil Rights
Attorney Giovanni D. Cicione is a business attorney with over 25 years of corporate and legal management experience. Since 2019, he has served as general counsel for North American Crane and Rigging, LLC, a regional crane, rigging and heavy hauling business which he helped expand from a New England footprint to a respected east coast regional presence. He previously practiced as a corporate attorney at prominent Rhode Island law firms including Cameron & Mittleman, LLP and Adler Pollock & Sheehan PC, and in his own private practice where he specialized in government affairs, legislative review and drafting, and permitting. Attorney Cicione also served as lead counsel at the RI Economic Development Corporation, where he focused on contract structuring and negotiation, corporate financing and commercial transactions, corporate compliance, brownfields redevelopment, business development and intergovernmental relations.
Attorney Cicione is a founder and current chairman of the Stephen Hopkins Center for Civil Rights, a public interest litigation firm whose mission is to represent citizens, regardless of means, to enforce their constitutional rights to free speech, property and economic liberty. For over a decade the Hopkins Center, under Attorney Cicione’s leadership and direction, has quietly and diligently pursued cases consistent with its mission, resulting in significant awards for its clients and real change in unconstitutional government practices throughout the state.
A 1988 graduate of Cranston High School East, Attorney Cicione graduated from George Mason University and received his law degree from Boston University School of Law. He is a member of the RI Bar, Massachusetts Bar, and the Federal District Court of RI.
In addition to Attorney Cicione’s professional accomplishments, he has served numerous community organizations including roles as senior policy and legal advisor to the RI Center for Freedom and Prosperity, advocate and deputy grand knight to Bishop Hickey Council of Knights of Columbus, and trustee to the RI Chapter of The Nature Conservancy. He has also been very involved with Boy Scouts of America and has served as scoutmaster to Barrington Boy Scout Troop 46, as well as committee chair, treasurer and cubmaster to Nayatt Cub Scout Pack 1.
Clinical Professor of Law, Cornell Law School
William A. Jacobson is a Clinical Professor of Law and Director of the Securities Law Clinic.
He is a 1981 graduate of Hamilton College and a 1984 graduate of Harvard Law School. At Harvard he was Senior Editor of the Harvard International Law Journal and Director of Litigation for the Harvard Prison Legal Assistance Project.
Prior to joining the Cornell law faculty in 2007, Professor Jacobson had a highly successful civil litigation and arbitration practice in Providence, Rhode Island, concentrating in investment, employment, and business disputes in the securities industry, including many high profile cases reported in leading newspapers and magazines.
Professor Jacobson has argued cases in numerous federal and state courts, including the Courts of Appeal for the First, Fifth and Sixth Circuits, and the Rhode Island Supreme Court.
Professor Jacobson has a national reputation as a leading practitioner in securities arbitration. He was Treasurer, and is a former member of the Executive Committee and Board of Directors of the Public Investors Arbitration Bar Association, a professional organization of attorneys dedicated to protecting public investors. He frequently is quoted in national media on issues related to investment fraud and investor protection, and in the past has served as one of a small number of private practice attorneys who trained new arbitrators for the Financial Industry Regulatory Authority.
Professor Jacobson is co-author of the Securities Arbitration Desk Reference (Thomson-Reuters), updated annually.
Professor Jacobson also is the founder and publisher of Legal Insurrection, a popular politics and law website. He is frequently quoted in the media on political and legal topics, has authored many Op-Eds in major publications, and appears on television and radio to discuss politics and the law.
Staff Attorney, Women Against Abuse Inc.
Nicole Levitt is a family law attorney who represents domestic violence victims in Philadelphia, Pennsylvania. She is an active member of the Philadelphia Jewish community and is a founding volunteer of the Jewish Institute for Liberal Values.
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, Vice President of Litigation Strategy, Alliance Defending Freedom
Jonathan Scruggs serves as senior counsel and vice president of litigation strategy with Alliance Defending Freedom. In this role, he identifies new litigation opportunities, develops new legal strategies, and improves processes across multiple litigation teams in collaboration with the chief legal counsel.
Since joining ADF in 2006, Scruggs has worked on and prevailed in a variety of cases related to Title IX, gender ideology, and people’s right to freely express their faith, including Masterpiece Cakeshop v. Colorado Civil Rights Commission, 303 Creative v. Elenis, and Brush & Nib Studio v. Phoenix, which Scruggs argued at the Arizona Supreme Court. Scruggs has argued before numerous federal appellate courts and trial courts across the country and has extensive experience litigating free-speech, religious-liberty, establishment, Title IX, and equal-protection issues on behalf of students, female athletes, businesses, professionals, and non-profit entities.
Scruggs earned his B.A., summa cum laude, from Vanderbilt University in 2003 and his J.D. at Harvard Law School in 2006. He is also a 2004 Blackstone Fellow.
A member of the bars of Arizona and Tennessee, Scruggs is admitted to the U.S. Supreme Court and multiple federal district and appellate courts.
Senior Fellow, Independent Institute
Dr. Stephen P. Halbrook is a Senior Fellow at the Independent Institute. He has taught legal and political philosophy at George Mason University, Howard University, and Tuskegee Institute, and he received his J.D. from the Georgetown University Law Center and Ph.D. in social philosophy from Florida State University.
The winner of three cases before the U.S. Supreme Court (Printz v. United States, United States v. Thompson/Center Arms Company, and Castillo v. United States), he has testified before the Subcommittee on the Constitution of the Senate Judiciary Committee, Senate Subcommittee on the Constitution, Subcommittee on Crime of the House Judiciary Committee, Senate Governmental Affairs Committee, and House Committee on the District of Columbia.
A contributor to numerous scholarly volumes, he is the author of the books, Gun Control in Nazi-Occupied France: Tyranny and Resistance; Gun Control in the Third Reich: Disarming the Jews and “Enemies of the State”; The Founders’ Second Amendment: Origins of the Right to Bear Arms; That Every Man Be Armed: Evolution of a Constitutional Right; A Right to Bear Arms; Firearms Law Deskbook: Federal and State Criminal Practice; Securing Civil Rights: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms; State and Federal Bills of Rights and Constitutional Guarantees; and Target Switzerland: Swiss Armed Neutrality in World War II. Dr. Halbrook’s scholarly articles have appeared in such journals as the Arizona Journal of International and Comparative Law, Drug Law Report, George Mason University Law Review, Journal of Air Law and Commerce, Journal of Law and Policy, Law & Contemporary Problems, National Law Journal, Northern Kentucky Law Review, St. John’s Journal of Legal Commentary; Seton Hall Constitutional Law Journal, Tennessee Law Review, University of Dayton Law Review, Valparaiso University Law Review, Vermont Law Review, and William & Mary Bill of Rights Journal.
Dr. Halbrook's popular articles have appeared in such publications as the Wall Street Journal, Newsday, San Francisco Chronicle, National Review, Investor’s Business Daily, Kansas City Star, Washington Examiner, Shreveport Times, Sacramento Bee, Providence Journal, Tampa Tribune, Pittsburgh Tribune-Review, History News Network, San Antonio Express-News, The Daily Caller, Detroit News, Honolulu Star Advertiser, Birmingham News, Environmental Forum, USA Today, and Washington Times. He has also appeared on numerous national TV/radio programs on CNN, Fox News Channel, Fox Business Network, Court TV, NewsMax TV, CBN, Voice of America, and C-SPAN.
Loper Bright Fallout for SEC Rulemaking?
Jan Folena, Margaret A. Little, Michael Piwowar
In an unprecedented action, the SEC in July dismissed with prejudice a pending enforcement case...
CLE: Is DEI Legal After The Harvard Case?
Giovanni Cicione, William Jacobson, Nicole Levitt
CLE credit for this event is available at On-Demand CLE. DEI (Diversity, Equity and Inclusion) initiatives...
Litigation Update: Bates v. Pakseresht
Miles Coleman, Jonathan Scruggs
In Bates v. Pakseresht, Oregon mother-of-5 Jessica Bates is challenging the Oregon Department of Human...
Text-and-History or Means-End Scrutiny? A Response to Professor Nelson Lund's Critique of Bruen
Stephen P. Halbrook
Professor Nelson Lund’s “Bruen’s Preliminary Preservation of the Second Amendment,” recently published in the Federalist...
Turning Bad Into Good?
Jendi B. Reiter
In The Wife of Bath's Tale, Chaucer observes, "Forbede us thyng, and that desiren we."...