Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Dr. Dasgupta served as Assistant Secretary for Trade and Economic Security, responsible for a comprehensive national security portfolio. His duties included oversight of the Committee on Foreign Investment in the United States (CFIUS), Team Telecom, the Forced Labor Enforcement Task Force (FLETF), Information and Communications Technology and Services (ICTS), Arctic security initiatives, the Icebreaker Collaboration Effort (ICE) Pact, and related trade matters. Sohan Dasgupta also served as political head of the Millennium Challenge Corporation (MCC), supporting U.S. foreign policy and national security objectives. Previously, he had served as Deputy General Counsel of the U.S. Department of Homeland Security (DHS).
Dr. Dasgupta holds a JD from the University of California, Berkeley, where he was elected to the Order of the Coif; a PhD in international trade and arbitration from the University of Cambridge; MSc from the University of Oxford; and BA in Economics–Operations Research and History from Columbia University. He commenced his legal career with clerkships on the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Southern District of West Virginia.
Dr. Dasgupta has addressed the Hungarian, Romanian, and Guatemalan parliaments, and has spoken at the invitation of Members of the U.S. Congress, the British Parliament, the European Union Parliament, the Congress of the Philippines, and the Legislative Assembly of El Salvador.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
Amicus Attorney, The Foundation for Individual Rights and Expression
Abby joined FIRE after her tenure at the Becket Fund for Religious Liberty, where she litigated First Amendment student group cases from coast to coast. She also worked at a trial litigation boutique in southern California. Abby has filed briefs on the First Amendment in state and federal court at the trial and appellate court levels, including before the U.S. Supreme Court.
Abby received her B.S. in economics and her B.A. in Chinese language and literature from the University of Pittsburgh, where she graduated summa cum laude. During college, she also spent a year at Tsinghua University as a Boren Fellow. She later received her J.D. from the University of Chicago Law School, where she won the 2018 Hinton Moot Court Competition. After law school, Abby clerked for the Honorable Michael B. Brennan on the Seventh Circuit Court of Appeals in Milwaukee, Wisconsin. She is admitted to practice in New York and California, as well as several federal appellate courts and the U.S. Supreme Court.
Abby lives outside Dallas, Texas, with her husband and family. They enjoy reading together, volunteering with their local church, and continuing to fix their leaky pool.
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Dr. Dasgupta served as Assistant Secretary for Trade and Economic Security, responsible for a comprehensive national security portfolio. His duties included oversight of the Committee on Foreign Investment in the United States (CFIUS), Team Telecom, the Forced Labor Enforcement Task Force (FLETF), Information and Communications Technology and Services (ICTS), Arctic security initiatives, the Icebreaker Collaboration Effort (ICE) Pact, and related trade matters. Sohan Dasgupta also served as political head of the Millennium Challenge Corporation (MCC), supporting U.S. foreign policy and national security objectives. Previously, he had served as Deputy General Counsel of the U.S. Department of Homeland Security (DHS).
Dr. Dasgupta holds a JD from the University of California, Berkeley, where he was elected to the Order of the Coif; a PhD in international trade and arbitration from the University of Cambridge; MSc from the University of Oxford; and BA in Economics–Operations Research and History from Columbia University. He commenced his legal career with clerkships on the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Southern District of West Virginia.
Dr. Dasgupta has addressed the Hungarian, Romanian, and Guatemalan parliaments, and has spoken at the invitation of Members of the U.S. Congress, the British Parliament, the European Union Parliament, the Congress of the Philippines, and the Legislative Assembly of El Salvador.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
Founder, TGH Litigation LLC
Before forming TGH Litigation, Andy Hirth served as Deputy General Counsel in the Missouri Attorney General's Office, where he represented the people of Missouri in many of the state's highest-profile cases. During his six and a half years with the AGO, Andy defended numerous Missouri statutes from constitutional challenge, including the Macks Creek Law and the Inter-District School Transfer Law; represented Missouri in a $1.14 billion contract dispute between 46 states and more than 30 major tobacco companies; got Missouri's natural resources damage suit over the Bridgeton Landfill fire remanded to state court; and challenged regulations imposed on Missouri farms and businesses by the federal government and the state of California.
Andy graduated cum laude from the University of Missouri-Columbia School of Law in 2005, where he served as Editor-in-Chief of the Missouri Law Review and was inducted into the Order of the Coif. Andy founded and served as president of the University of Missouri-Columbia Student Chapter of the American Constitution Society for Law and Policy. He received a Burton Award for Legal Achievement and the Judge Shepard Barclay Prize for the graduating law student "who has attained the highest standing in scholarship and moral leadership."
After law school, Andy clerked for the Hon. Nanette K. Laughrey, United States District Judge for the Western District of Missouri and spent three years in private practice at Jenner & Block LLP in Chicago, Illinois. As an associate in the firm's Commercial Litigation and Supreme Court and Appellate Practice Groups, Andy represented a national over-the-road trucking company in an EEOC enforcement action alleging a pattern and practice of sexual harassment; defended a national media company from defamation and tortious interference claims by a former radio personality; and challenged the death sentence of an inmate in Florida. In 2010, Andy returned to Missouri to work for Attorney General Chris Koster.
Andy has taught Constitutional Law as an adjunct professor at the University of Missouri-Columbia School of Law. He holds a Juris Doctor and a Master's degree in English from the University of Missouri - Columbia.
Principal Deputy Assistant Attorney General for Civil Rights, United States Department of Justice
Jesus A. Osete previously served as General Counsel to the Hon. John R. Ashcroft, Secretary of State of Missouri. Mr. Osete previously served as Deputy Solicitor General of Missouri and Deputy Attorney General for Special Litigation. He has presented oral argument in the U.S. Supreme Court. Before joining the Missouri Attorney General’s Office, Mr. Osete worked at Bryan Cave Leighton Paisner LLP in the Appellate and Supreme Court Group. He also clerked for the Hon. Bobby E. Shepherd of the United States Court of Appeals for the Eighth Circuit and the Hon. Chief Justice Zel M. Fischer of the Supreme Court of Missouri. Mr. Osete received his J.D. from Washington University in St. Louis, where he served as Senior Executive Editor of the Washington University Law Review. Before law school, Mr. Osete worked for the late Senator John McCain in the United States Senate, and received an A.B. in political science and pre-law from the University of Arizona.
Mr. Osete serves as Trustee for the Supreme Court of Missouri Historical Society and served as Vice-Chair of the Missouri Bar Appellate Practice Committee. In 2018, he was one of approximately forty individuals in the United States selected to attend the Originalism Summer Seminar at the Georgetown University Law Center. In 2019, he was one of twelve young lawyers in Missouri selected to participate in the MissouriBar’s Leadership Academy.
Partner and Co-Chair, Appellate and Supreme Court Group, Bryan Cave Leighton Paisner
Barbara is a co-chair of the Appellate and Supreme Court Group at BCLP. She is an experienced trial and appellate litigator who counsels clients through their most sensitive and challenging litigation issues, and she routinely handles politically sensitive matters and aggressively advocates for early and complete victory. Her diverse client base—she has represented politicians, fortune 500 companies, foreign sovereigns, and boards of directors—share one thing in common: They need a strong advocate, and they want to win.
Barbara practices—and wins—at all levels of the federal and state courts. Before the United States Supreme Court, Barbara has represented clients filing petitions for certiorari, opposing certiorari, and she has filed merits briefs. She has also represented amici at the certiorari and merits stages.
At the trial court level, she routinely briefs and argues complex dispositive motions in anticipation of defending those victories on appeal. She also has first chair trial experience. On complex trial teams, she has acted as appellate preservation counsel. An experienced appellate advocate, Barbara has notched victories in state and federal appellate courts, including at the United States Supreme Court.
Because some of her clients prefer confidential ADR to public civil litigation, Barbara also has alternative dispute resolution experience, including winning a major arbitration victory for a petitioner-client and successfully mediating a case that (before her involvement) had previously been pending in the court system for more than a decade.
As an example of Barbara’s value-add, she recently crafted a novel standing argument that she briefed and won on a motion to dismiss a putative class action challenging a $198 million transaction in federal court. By winning on a motion to dismiss, she saved her client the time and cost of discovery. Barbara then successfully defended the victory on appeal—after briefing, the petitioner agreed to voluntarily dismiss the appeal and the case ended.
Among other issues, she has litigated questions of constitutional law, statutory construction, administrative law, securities law, labor and employment, white collar crime, ERISA, bankruptcy, and sovereign debt.
Before joining BCLP, Barbara served as a law clerk to Justice Samuel A. Alito, Jr. on the United States Supreme Court and Judge Thomas B. Griffith on the United States Court of Appeals for the D.C. Circuit. She also previously practiced at a Supreme Court litigation boutique, where she represented clients before the United States Supreme Court and various federal courts of appeal.
In her free time, Barbara teaches a class on the United States Supreme Court as an adjunct law professor at Washington University in St. Louis. She also serves on the Steering Committee for the St. Louis Chapter of the Federalist Society.
Barbara earned her J.D. from Stanford Law School, where she was the Editor-in-Chief of the Stanford Journal of Law, Business, and Finance, the President of the Federalist Society, and a member of the law school’s student government. While in law school, Barbara was a moot court semi-finalist and a teaching assistant at Stanford Law School and Stanford’s Graduate School of Business.
Prior to attending law school, Barbara spent two years in the White House Counsel’s Office working for President George W. Bush. She graduated magna cum laude and with honors, from Wake Forest University, with a B.A. in economics and political science.
Litigation Update: Ohio v. Environmental Protection Agency
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