United States Court of Appeals, Second Circuit
Dennis Jacobs is the Chief Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on October 1, 2006. At the time of his appointment in 1992, he was a partner in the New York law firm of Simpson Thacher & Bartlett.
Judge Jacobs received his B.A. degree from Queens College of the City University of New York in 1964; his M.A. degree from New York University in 1965; and his J.D. degree from the New York University School of Law in 1973.
Judge Jacobs was a lecturer in the English Department of Queens College of the City University of New York from 1967 until 1969. He was in private practice from 1973 with the New York law firm of Simpson, Thacher & Bartlett, serving as a partner there from 1980 until his judicial appointment.
In 1997-2004, Judge Jacobs was a member of the Committee on Judicial Resources of the Judicial Conference of the United States; starting in 1999 he was chair of that committee.
Judge Jacobs is a native of New York City.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Professor of Law, Sturm College of Law, University of Denver
For nearly two decades, J. Robert Brown has taught corporate and securities law, with a particular emphasis on corporate governance.
He has authored numerous publications in the area and several of his articles have been cited by the US Supreme Court. Brown has also spent considerable time abroad, particularly in the former Soviet Union, advising governments in these areas. From 2000 - 2004, Brown served the University of Denver Sturm College of Law as an associate dean for academic affairs. He is an arbitrator for the NASD and, among other outside activities, serves as the chairman of the board of directors of the Colorado Coalition for the Homeless.
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.
William D. Warren Professor of Law, UCLA School of Law
Stephen Bainbridge is the William D. Warren Distinguished Professor of Law at UCLA School of Law, where he currently teaches Business Associations, Advanced Corporation Law, and Mergers and Acquisitions. In past years, he has also taught Corporate Finance, Securities Regulation, Unincorporated Business Associations and Catholic Social Thought and the Law. Professor Bainbridge previously taught at the University of Illinois Law School (1988-1996). He has also taught at Harvard Law School as the Joseph Flom Visiting Professor of Law and Business (2000-2001), and as a visiting professor at La Trobe University in Melbourne (2005 and 2007) and at Aoyama Gakuin University in Tokyo (1999).
In 2008, Bainbridge received the UCLA School of Law's Rutter Award for Excellence in Teaching. In 1990, the graduating class of the University of Illinois College of Law voted him "Professor of the Year."
Professor Bainbridge is a prolific scholar, whose work covers a variety of subjects, but with a strong emphasis on the law and economics of public corporations. He has written over 100 law review articles which have appeared in such leading journals as the Harvard Law Review, Virginia Law Review, Northwestern University Law Review, Cornell Law Review, Stanford Law Review, and Vanderbilt Law Review. Bainbridge has also written 19 books, including seven in multiple editions. His most recent books include: Outsourcing the Board: How Board Service Providers Can Improve Corporate Governance (Cambridge University Press, 2018) (with M. Todd Henderson); Business Associations: Cases and Materials on Agency, Partnerships, and Corporations (Foundation Press, 10th ed., 2018) (with Klein and Ramseyer); Mergers and Acquisitions: A Transactional Perspective (Foundation Press, 2017) (with Iman Anabtawi).
According to Gregory Sisk and Brian Leiter’s rankings of law professors by scholarly impact, Professor Bainbridge was the third most-frequently cited scholar in corporate and securities law for the period 2013-2017. According to Hein Online, Bainbridge is the 29th most frequently cited scholar in their database of legal publications over the last 10 years and the 23rd most cited for the period January 2018 through August 2019. In SSRN.com’s ranking of the top 3000 legal authors by all-time downloads, Bainbridge is ranked 10th. By that metric, he is the highest ranked member of the UCLA law school faculty. In SSRN.com’s ranking of the top 3000 legal authors by all-time citations to their work, Bainbridge is ranked 55th. By that metric, he is the second highest ranked member of the UCLA law school faculty.
Professor Bainbridge has been a Salvatori Fellow with the Heritage Foundation, a member of the American Bar Association’s Committee on Corporate Laws, a member of the Editorial Advisory Board of the Journal of Markets and Morality, and Chair of the Executive Committee of the Federalist Society’s Corporations, Securities & Antitrust Practice Group.
In May 2014, Professor Bainbridge was the Cameron Fellow at the University of Auckland Faculty of Law. He was the Francis G. Pileggi Distinguished Lecturer in Law at Widener University School of Law in September 2005, and a Distinguished Visiting Scholar at the University of Maryland School of Law in November 2005.
In 2008, 2011, and 2012, Professor Bainbridge was named by the National Association of Corporate Directors' Directorship magazine to its list of the 100 most influential people in the field of corporate governance.
His blog, ProfessorBainbridge.com, was named by the ABA Journal as one of the Top 100 Law Blogs of 2007, 2008, 2010, 2011, and 2012.
Partner, Mayer Brown LLP
Andrew Pincus is a partner in Mayer Brown LLP resident in Washington, D.C. His practice focuses on Supreme Court and appellate litigation.
Andy has argued 29 cases in the Supreme Court of the United States, including Lamps Plus, Inc. v. Varela and Frank v. Gaos in the October 2018 Term; as well as his recent victories in Impression Products, Inc. v. Lexmark International, Inc. (2017); Kindred Nursing Home Centers Limited Partnership v. Clark (2017); and Spokeo, Inc. v. Robins (2016). Law360 ranked Andy’s victory in AT&T Mobility v. Concepcion (2011), as the most important Supreme Court class action decision of the last 15 years.
Andy appears regularly before federal and state appellate courts and federal district courts. His practice also includes written and oral advocacy before Congress, other legislative bodies, and regulatory agencies regarding a variety of policy and legal issues.
A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year.
While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.
Andy is a graduate of Yale College and Columbia Law School, where he was a Notes & Comments Editor of the Columbia Law Review. He served as Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982).
Professor, McCombs School of Business, The University of Texas at Austin
Deputy Chief Counsel, Office of the Ohio Attorney General Marc Dann
Partner, McDermott Will & Emery
Robert (Bob) J. Cordy’s practice includes business litigation, white collar criminal defense, internal investigations, appellate work and major public/private projects.
Bob previously served for 16 years as an associate justice of the Massachusetts Supreme Judicial Court. He has worked with judges from Mexico, Russia, China, Kosovo, Turkey, Uzbekistan, Ukraine, Afghanistan and other countries on issues relating to judicial ethics, rule of law principles and the American judicial system. Bob also served as chair of the Supreme Judicial Court Rules Committee, co-chair of the Supreme Judicial Court Judiciary-Media Committee and member of the Committee for Capital Planning for the Judicial System.
Bob began his career working for the Massachusetts Public Defenders Office, and subsequently held positions with the Massachusetts Department of Revenue, the Massachusetts State Ethics Commission and the United States Attorney’s Office where he became the chief of the Public Corruption prosecution unit. Bob also served as chief legal counsel to Massachusetts Governor William F. Weld, working on a wide range of policy issues including regulatory and criminal justice reform, ethics in government and the appointment of judges. Before his appointment to the Supreme Judicial Court in 2001, Bob was a partner and head of McDermott’s Boston office.
Bob is also a member of our legal cannabis industry group. Our Cannabis Industry group is a multidisciplinary team of lawyers providing clients with regulatory, litigation, intellectual property, trade and tax services with respect to their investments and participation in the cannabis industry, all subject to the Firm’s obligations under federal and state laws and bar licensure rules.
Former Associate Justice, Massachusetts Supreme Judicial Court
Judith Cathy Arnold Cowin is a retired justice of the Massachusetts Supreme Judicial Court. She was born in Boston. Cowin received her undergraduate degree from Wellesley College and her J.D. degree from Harvard Law School.
U.S. District Court Judge, District of Massachusetts
Nathaniel M. Gorton is a federal judge for the United States District Court for the District of Massachusetts. He joined the court in 1992 after being nominated by President George H.W. Bush. At the time of appointment, he was a private practice in Massachusetts.
Of Counsel, K&L Gates LLP
Mr. Greco is a commercial litigator, arbitrator, mediator and appellate lawyer with more than 40 years of experience in resolving complex business and other disputes throughout the United States and internationally, and in strategically advising business entities and individuals regarding internal and governmental investigations. Mr. Greco is former President of the American Bar Association.
He has represented a wide range of business clients in high stakes commercial litigation and arbitrations, and has served as litigator, arbitrator and mediator in disputes involving for example, national and international financial institutions, national accounting firms, bio-technology firms, architects, engineers, insurers, insureds, professional sports and athletes, intellectual property firms, consulting firms, contractors, real estate developers, national airlines, and corporations and key executives in governmental and internal investigations.
Partner, McCarter & English, LLP
Daniel Kelly brings over thirty years of experience to the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the government marketplace. Dan has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He reviews government solicitations with clients, prepares proposals, and negotiates teaming arrangements and subcontracts with other suppliers. He helps clients build and enhance their compliance programs. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He prepares claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience. Dan’s practice extends to a broad spectrum of industries and federal and state authorities for whom they supply research, products and services, including emerging and established biomedical, intelligence, pharma, security, and textile R&D, manufacturing and production houses working under prime and subcontracts, SBIRs, CRADAs, OTAs, and grants for DoD and civilian agencies; Medicare and Medicaid audit and investigation service providers; commercial software developers who modify their software for military applications; professional services providers; and raw materials and component suppliers to large military prime contractors.
Dan is the author of the August 2018 edition Thomson Reuters’ Briefing Papers, which provides a comprehensive review of patent rights under “Other Transaction Agreements” (OTAs) with DoD and NASA. Heavily promoted by Congress, and only partially understood by industry, OTAs are quickly becoming DoD’s and NASA’s contractual vehicle of choice to lure commercial companies to sell the Government their latest and greatest technologies. However, OTAs are not governed by standard government contracts laws and regulations, meaning there are significant changes to the common provisions of ownership and license rights incident to government contracts and grants. The Briefing Paper should be required reading before entities enter into an OTA as a vehicle for developing new technologies for NASA and DoD to ensure their company’s intellectual property efforts are properly protected
In the matters, AdvanceMed Corporation, B-415360,B-415360.2,B-415360.3 (Dec 19, 2017), and AdvanceMed Corporation, B-414373.3 (Jan 10, 2018) Dan and the Government Contracts team at McCarter successfully defended its client Health Integrity, LLC (now Qlarant) against protests launched at the Government Accountability Office challenging awards by the Centers for Medicare and Medicaid Services (CMS) for Medicare and Medicaid audit and program integrity services.
Dan serves on the Board of Directors for NCMA Boston (National Contract Management Association) and NDIA New England (National Defense Industrial Association), and is a frequent speaker at NCMA and NDIA events.
Dan serves as an adjunct member of the faculty at Suffolk University Law School where he has taught Government Contracts.
Dan receives Mentor of the Year Award in recognition of his contributions and support to NCMA Boston Chapter’s 2017-2018 Program Year.
Practice Group Leader - Complex Trial & Appellate Litigation, Choate Hall & Stewart LLP
For more than thirty years, Joan Lukey has tried complex business litigation, employment and other cases in state and federal court in Massachusetts and New Hampshire and nationwide. She has tried approximately 100 jury trials and a myriad of bench trials and arbitrations in all aspects of business disputes. In addition, she is an accomplished appellate lawyer, having argued approximately 60 federal and state appeals.
Since 1983, Ms. Lukey has been selected by her peers for each edition of The Best Lawyers in America in the areas of business, bet-the-company, commercial, personal injury, employment and First Amendment litigation. She has also been routinely recognized for the last several years in Chambers USA and Chambers Global as a Band One Litigator.
Ms. Lukey is a past President of the prestigious American College of Trial Lawyers, the first woman ever to hold this position. Before joining Choate in 2014, she was a partner at Ropes & Gray in the Complex Business Litigation Practice Group from 2008 until 2014, after almost thirty years as a partner at WilmerHale. She has served twice as a Massachusetts Special Assistant Attorney General and has written extensively on issues of Gubernatorial and Presidential Executive Privilege.
Professor of Law, Georgetown University Law Center
Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.
He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.
Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.
Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE). He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.
United States District Judge for the District of Massachusetts
Patti B. Saris is the Chief United States District Judge of the United States District Court for the District of Massachusetts. She is also the former Chair of the United States Sentencing Commission.
U.S. Court of Appeals, District of Columbia Circuit (1983-1989); U.S. Solicitor General (1989-1993)
Kenneth Starr is a former United States Federal Court of Appeals Judge, U.S. Solicitor General, and Independent Counsel. He is the former President and Chancellor of Baylor University where he held the Louise L. Morrison Chair of Constitutional Law at Baylor University Law School.
U.S. District Court Judge, District of Massachusetts
Douglas Preston Woodlock is a federal judge for the U.S. District Court for the District of Massachusetts. He joined the court in 1986 after being nominated by President Ronald Reagan. At the time of appointment, Woodlock served as Chairman of the Massachusetts Committee for Public Counsel Services.
U.S. District Court Judge, District of Massachusetts
Rya Weickert Zobel is a federal judge of the United States District Court for the District of Massachusetts. She joined the court in 1979 after being nominated by President Jimmy Carter. At the time of her appointment, Zobel was a private practice attorney inMassachusetts.
Chief Justice, North Carolina Supreme Court
Chief Justice Paul Newby was born in Asheboro and grew up in Jamestown, N.C. He received his B.A. degree in Public Policy Studies from Duke University and law degree from UNC-Chapel Hill School of Law.
Chief Justice Newby was first elected to the Supreme Court as an Associate Justice in 2004. He was elevated to the highest judicial office in North Carolina in the 2020 election. As Chief Justice, he is head of the Judicial Branch, a co-equal branch of state government with the Legislative and Executive branches. He is entrusted with leading the Judicial Branch and its 7,600 elected officials and employees.
He is an adjunct professor of law at Campbell University and has published a book on the North Carolina Constitution.
Chief Justice Newby’s legal experience includes private practice and corporate inhouse legal counsel. He also served almost 20 years as an Assistant United States Attorney, during which he played an integral role in conducting the undercover sting operation that recovered North Carolina’s original copy of the Bill of Rights, stolen in the aftermath of the Civil War.
Chief Justice Newby is an Eagle Scout and is the recipient of the Heroism Award (for rescuing nine people from a riptide), the God and Service Award, the Silver Beaver Award, and the Scouter of the Year Award. In 2012, he was designated a Distinguished Eagle Scout, a national honor that recognizes both his service to the Boy Scouts and his dedication to public service.
Chief Justice Newby has been married to Macon Tucker Newby since 1983, and they have four children. He is active in his local church, where he serves as a teacher and mentor to young professionals.
United States District Court, Western District of North Carolina
Vice President for Litigation, Institute for Free Speech
Alan joined the Institute for Free Speech as Vice President for Litigation in February 2021. In this role, Alan directs the Institute’s litigation and legal advocacy, leads our in-house legal team, and manages and works to expand our network of volunteer attorneys.
Prior to joining the Institute, Alan litigated complex federal matters for twenty years, in his own practice and as a partner in various Washington-area firms. He argued and won landmark constitutional cases in the United States Supreme Court and has appeared before numerous appellate and district courts throughout the country. Alan often speaks at law schools and continuing legal education seminars. He also teaches strategic/public interest litigation as an adjunct professor at the Georgetown University Law Center.
Alan began his career clerking for the Hon. Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. He has also served as a Deputy Attorney General for the State of California, a litigation associate at the Washington office of Sidley Austin, and as counsel to the United States Senate Judiciary Committee.
Alan earned his J.D. at Georgetown (1995) and his B.A. at Cornell University (1992). He is an active member in good standing of the Virginia, District of Columbia, and California bars, the Bar of the United States Supreme Court, and various federal appellate and district court bars.
Speech by Judge Dennis G. Jacobs
Dennis Jacobs
The following remarks were delivered by Chief Judge Dennis Jacobs of the United States Court...
Hon. Richard Bennett
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Publius
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Stoneridge Investment v. Scientific Atlanta
Jay Brown, Theodore "Ted" Frank, Stephen Bainbridge, Andrew J. Pincus, Robert Prentice, Andrea Seidt
On January 15, 2008 the Supreme Court decided the Stoneridge Investment v. Scientific Atlanta case. The Court...
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