Partner, Goodwin Procter LLP
Tom Hefferon, partner and co-chair of Goodwin’s Financial Industry Practice, focuses his practice on civil litigation and government enforcement matters, with particular emphasis on the banking and consumer financial services industries. Mr. Hefferon frequently provides compliance advice and litigation risk analysis to industry clients.
Mr. Hefferon has a national practice concentrating on defending prominent financial institutions facing class action lawsuits pending in a large variety of state and federal courts. These cases typically arise under state and federal laws, including the Real Estate Settlement Procedures Act (RESPA), the Fair Housing Act (FHA), the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), state and federal unfair and deceptive acts and practices laws (UDAP), other consumer lending statutes and regulations, bankruptcy laws and the common law.
The matters at issue in these cases include fair lending; the legality under RESPA of a variety of business practices; federal preemption; arbitration; assignee liability; loan servicing; foreclosure, bankruptcy and default issues; and claims that challenge various lending practices under a wide variety of federal and state statutes, including UDAP laws. He has an active practice before numerous state and federal courts. In the last several years, Mr. Hefferon and others in the group have defended more than 200 putative class actions, most of which were brought as nationwide class actions, and have been lead counsel in four multidistrict litigation proceedings. He also is acting and has previously acted as lead counsel to mortgage industry trade associations appearing as amicus curiae in cases that present significant issues for the consumer credit industry, and as counsel to trade associations in connection with regulatory comment letters.
In the 2011 Term, Mr. Hefferon argued in the United States Supreme Court, for the Respondent in Freeman v. Quicken Loans, Inc. The case involved an important consumer credit question under RESPA, which the Court decided unanimously in his client’s favor. Mr. Hefferon also has presented oral argument in most federal circuit courts and in a number of state supreme and lower appellate courts.
Mr. Hefferon also represents financial institutions and trade groups in a variety of contested matters in court and before federal and state administrative agencies, including the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission, the Department of Housing and Urban Development, the Federal Deposit Insurance Corporation, numerous state attorneys general, and state banking agencies. He is actively representing consumer finance companies in CFPB examinations and enforcement proceedings.
In addition to his specialty area, Mr. Hefferon has represented a range of corporate and individual clients, and has substantial experience in complex commercial disputes, including contract litigation, insurance disputes, lender liability cases and litigation arising in connection with bankruptcies filed under Chapters 7, 11 or 13. He has been sole or joint lead counsel in the trial of cases in federal and state courts in Massachusetts, Connecticut, New York, Missouri, Texas and Illinois.
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Former United States Attorney General
Michael B. Mukasey is the former Attorney General of the United States, the nation’s chief law enforcement officer. As Attorney General from November 2007 to January 2009, he oversaw the U.S. Department of Justice and advised on critical issues of domestic and international law.
From 1988 to 2006, Judge Mukasey served as a district judge in the United States District Court for the Southern District of New York, becoming Chief Judge in 2000.
From 1972 to 1976, Judge Mukasey served as an Assistant United States Attorney for the Southern District of New York, and as Chief of the Official Corruption Unit from 1975 to 1976. His practice consisted of criminal litigation on behalf of the government, including investigation and prosecution of narcotics, bank robbery, interstate theft, securities fraud, fraud on the government and bribery. From 1976 to 1987 and from 2006 to 2007 he was in private practice.
Judge Mukasey has received numerous honors, including the Federal Bar Council’s Learned Hand Medal for Excellence in Federal Jurisprudence. He served as Chairman of the Committee on Public Access to Information and Proceedings of the New York Bar Association from 1984 to 1987. He served on the Federal Courts Committee of the Association of the Bar of the City of New York from 1979 to 1982 and its Communications Law Committee from 1983 to 1986. Judge Mukasey was also a part-time lecturer at Columbia School of Law from January 1993 to May 2007, teaching trial advocacy.
He received his LL.B. from Yale Law School in 1967 and his B.A. from Columbia College in 1963.
Sho Sato Professor of Law; Faculty Director, Center for Law, Energy, & the Environment, University of California, Berkeley
Dan Farber is the Sho Sato Professor of Law at the University of California, Berkeley. He is also the Co-Director of the Center for Law, Energy, and the Environment. Professor Farber serves on the editorial board of Foundation Press. He is a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute. He is the editor of Issues in Legal Scholarship.
Professor Farber is a graduate of the University of Illinois, where he earned his B.A., M.A., and J.D. degrees. He graduated, summa cum laude, from the College of Law, where he was the class valedictorian and served as Editor-in-Chief of the University of Illinois Law Review. After graduation from law school, he was a law clerk for Judge Philip W. Tone of the United States Court of Appeals for the Seventh Circuit and then for Justice John Paul Stevens of the Supreme Court of the United States. Professor Farber practiced law with Sidley & Austin, where he primarily worked on energy issues, before joining the University of Illinois College of Law faculty in 1978. He was a member of the University of Minnesota Law School faculty from1981 to 2002, where he was the McKnight Presidential Professor of Public Law. He also has been a Visiting Professor at the Stanford Law School, Harvard Law School, and the University of Chicago Law School.
Among Professor Farber’s eighteen books are RESEARCH HANDBOOK ON PUBLIC CHOICE AND PUBLIC LAW (Elgar 2010) (with A. O’Connell); JUDGMENT CALLS: POLITICS AND PRINCIPLE IN CONSTITUTIONAL LAW (Oxford University Press 2008) (with S. Sherry); RETAINED BY THE PEOPLE: THE “SILENT” NINTH AMENDMENT AND THE RIGHTS AMERICANS DON’T KNOW THEY HAVE (Basic Books 2007); and LINCOLN’S CONSTITUTION (University of Chicago Press 2003).
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
Director, Multinational Business Services, Center for Regulatory Effectiveness
Jim Tozzi is a former regulatory official of the United States Office of Management and Budget (OMB). He currently is the head of the Center for Regulatory Effectiveness, an industry-supported organization that describes itself as a "regulatory watchdog."
Jim Tozzi got his Ph.D. in Economics and Business Administration from the University of Florida. After some time playing jazz as a self-described “bottom-tier” musician in New Orleans, Mr. Tozzi began working in Washington in 1964 at the Department of Defense, Office of the Secretary of the Army, where he worked on budget and strategic response issues. Mr. Tozzi served as an officer in the US Army Corps of Engineers.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Adjunct Professor, George Washington University Law School
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Vice President for Legal Affairs, Goldwater Institute
U.S. Court of Appeals, D.C. Circuit
Judge Williams practiced law in New York City (at the firm of Debevoise Plimpton and as an Assistant U.S. Attorney) and then taught law at the University of Colorado Law School from 1969 to 1986, with visiting years at UCLA, SMU, and the University of Chicago (where he was also a fellow in law and economics). He was appointed to the U.S. Court of Appeals for the D.C. Circuit in 1986. His most recent book is a biography of Vasily Maklakov, The Reformer: How One Liberal Fought to Preempt the Russian Revolution (Encounter Books, 2017).
U.S. Court of Appeals, First Circuit
David Barron was appointed to the United States Court of Appeals for the First Circuit in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General for the Office of Legal Counsel, from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Currently, Barron is the Honorable S. William Green Visiting Professor of Public Law at Harvard Law School. Barron has published articles in the Harvard Law Review, the Stanford Law Review, and the Yale Law Journal. His book, Waging War, won the 2017 William E. Colby Award.
Director, Independent Women's Law Center, Independent Women's
Jennifer C. Braceras, a member of the Federalist Society Board of Visitors, is the director of Independent Women’s Law Center and a former member of the U.S. Commission on Civil Rights.
Ms. Braceras is a graduate of the Harvard Law School, where she served as an editor of the Law Review. After law school, she clerked for two federal judges and practiced labor and employment law with the Boston law firm Ropes & Gray.
A long time political columnist and editor, Ms. Braceras's writing has appeared in a variety of publications, including the Wall Street Journal, the Boston Globe, the Hill, and National Review Online. She co-hosts At the Bar, a bimonthly virtual happy hour discussion about issues at the intersection of law, politics, and culture.
Of Counsel, Foley Hoag LLP
Former Massachusetts Attorney General Martha Coakley is of counsel in Foley Hoag's Litigation Department. She focuses her practice on government and internal investigations, litigation, and data privacy and security. Martha has substantial experience in civil and criminal litigation in all state and federal courts including the U.S. Supreme Court. She has performed extensive grand jury work and defended federal grand juries and has considerable experience conducting complex investigations.
As the first female Attorney General of Massachusetts, Martha has been a national leader in addressing the economic crisis by holding banks accountable and keeping residents in their homes; protected civil rights as the first Attorney General to successfully challenge the Defense of Marriage Act; investigated fraud and corruption; championed major initiatives to address health care and energy costs; and recovered hundreds of millions of dollars back for the taxpayers of the Commonwealth of Massachusetts. She served as Attorney General from 2007-2015.
Senior Lecturer on Law, Harvard Law School
Nancy Gertner is a former U.S. federal judge who built her career around standing up for women’s rights, civil liberties and justice for all. Gertner was appointed to the federal bench of the U.S. District Court of Massachusetts by President Bill Clinton in 1994. She retired from the bench in 2011 to teach at Harvard Law School.
Named one of “The Most Influential Lawyers of the Past 25 Years” by Massachusetts Lawyers Weekly, Gertner has written and spoken throughout the U.S., Europe and Asia. She has published widely on sentencing, discrimination, and forensic evidence; women’s rights; and the jury system. Her autobiography, “In Defense of Women: Memoirs of an Unrepentant Advocate,” was published in 2011.
She is a graduate of Barnard College, Columbia University, and holds a M.A in Political Science and J.D. from Yale University. She has received numerous awards, including the Margaret Brent Award from the ABA commission on the status of Women, Massachusetts Bar Association’s Hennessey Award for judicial excellence in 2011; the Morton A. Brody Distinguished Judicial Service Award from Colby College in 2010; the National Association of Women Lawyers’ highest honor, the Arabella Babb Mansfield Award, in 2011,The Women's Bar Association's highest award, The Lelia Robinson Award, in 2012, and, in 2008, the Thurgood Marshall Award from the American Bar Association, Section of Individual Rights and Responsibilities, which recognized her contributions to advancing human rights and civil liberties. The Marshall award has been given to one other woman, Justice Ruth Ginsburg.
In November 2014, she gave the Pope and John lecture at Northwestern University. In October 2014, she was a resident scholar at the Rockefeller Foundation in Bellagio, Italy; In September she gave the keynote address at the 18th Anniversary Celebration of the Jewish Women’s archive (September 14, 2014).
Gertner is presently working on her second book, Incomplete Sentences, concerning the men who she sentenced over her 17 year career as a federal judge. In addition to writing about them, highlighting the unfairness and disproportionality of their sentences, she is assisting in clemency petitions where appropriate.
Drawing on her wide ranging experience in practice and as a judge, Gertner also consults and litigates in civil right cases (she is of counsel to Neufeld, Scheck & Brustin, a civil rights firm in New York City), white collar criminal case (she is of counsel to Fick and Marx, a white collar criminal defense firm in Boston), as well as in employment discrimination and false claims cases.
Drawing on her judicial experience, Gertner engages in mediation and arbitration with Resolutions, LLC. (with Eric Green) and the Southeast Regional Mediation, Arbitration and Compliance Association (with Bill Nettles and Paul Zwier).
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.
Op-Ed Columnist, The Boston Globe
Jeff Jacoby, who has been a columnist for The Boston Globe since 1994, is a conservative writer with a national reputation.
A native of Cleveland, Jeff has degrees from George Washington University and from Boston University Law School. Before entering journalism, he (briefly) practiced law at the prominent firm of Baker & Hostetler, worked on several political campaigns in Massachusetts, and was an assistant to Dr. John Silber, the president of Boston University. In 1999, Jeff became the first recipient of the Breindel Prize, a major award for excellence in opinion journalism. In 2014, he was included in the “Forward 50,” a list of the most influential American Jews.
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.
U.S. District Court Judge, District of Massachusetts
Nominated by William J. Clinton on April 4, 1995, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on May 25, 1995, and received commission on May 26, 1995.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Executive Director, ACLU of Massachusetts
Carol Rose is executive director of the ACLU of Massachusetts. A lawyer and journalist, Carol has spent her career advocating for human rights and civil liberties both in the United States and abroad, including Afghanistan, Pakistan, Nepal, Japan, Sri Lanka, Israel, the West Bank and Gaza, Northern Ireland, and Vietnam. Prior to assuming her position at the helm of the ACLU of Massachusetts in January 2003, she worked as an attorney at the Boston law firm of Hill & Barlow, where she specialized in First Amendment and media law, intellectual property, civil rights, and international human rights law. She clerked for U.S. District Court Judge Patti Saris. She holds degrees from Stanford University, the London School of Economics, and Harvard 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.
U.S. Court of Appeals, First Circuit
David Barron was appointed to the United States Court of Appeals for the First Circuit in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General for the Office of Legal Counsel, from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Currently, Barron is the Honorable S. William Green Visiting Professor of Public Law at Harvard Law School. Barron has published articles in the Harvard Law Review, the Stanford Law Review, and the Yale Law Journal. His book, Waging War, won the 2017 William E. Colby Award.
Director, Independent Women's Law Center, Independent Women's
Jennifer C. Braceras, a member of the Federalist Society Board of Visitors, is the director of Independent Women’s Law Center and a former member of the U.S. Commission on Civil Rights.
Ms. Braceras is a graduate of the Harvard Law School, where she served as an editor of the Law Review. After law school, she clerked for two federal judges and practiced labor and employment law with the Boston law firm Ropes & Gray.
A long time political columnist and editor, Ms. Braceras's writing has appeared in a variety of publications, including the Wall Street Journal, the Boston Globe, the Hill, and National Review Online. She co-hosts At the Bar, a bimonthly virtual happy hour discussion about issues at the intersection of law, politics, and culture.
Of Counsel, Foley Hoag LLP
Former Massachusetts Attorney General Martha Coakley is of counsel in Foley Hoag's Litigation Department. She focuses her practice on government and internal investigations, litigation, and data privacy and security. Martha has substantial experience in civil and criminal litigation in all state and federal courts including the U.S. Supreme Court. She has performed extensive grand jury work and defended federal grand juries and has considerable experience conducting complex investigations.
As the first female Attorney General of Massachusetts, Martha has been a national leader in addressing the economic crisis by holding banks accountable and keeping residents in their homes; protected civil rights as the first Attorney General to successfully challenge the Defense of Marriage Act; investigated fraud and corruption; championed major initiatives to address health care and energy costs; and recovered hundreds of millions of dollars back for the taxpayers of the Commonwealth of Massachusetts. She served as Attorney General from 2007-2015.
Senior Lecturer on Law, Harvard Law School
Nancy Gertner is a former U.S. federal judge who built her career around standing up for women’s rights, civil liberties and justice for all. Gertner was appointed to the federal bench of the U.S. District Court of Massachusetts by President Bill Clinton in 1994. She retired from the bench in 2011 to teach at Harvard Law School.
Named one of “The Most Influential Lawyers of the Past 25 Years” by Massachusetts Lawyers Weekly, Gertner has written and spoken throughout the U.S., Europe and Asia. She has published widely on sentencing, discrimination, and forensic evidence; women’s rights; and the jury system. Her autobiography, “In Defense of Women: Memoirs of an Unrepentant Advocate,” was published in 2011.
She is a graduate of Barnard College, Columbia University, and holds a M.A in Political Science and J.D. from Yale University. She has received numerous awards, including the Margaret Brent Award from the ABA commission on the status of Women, Massachusetts Bar Association’s Hennessey Award for judicial excellence in 2011; the Morton A. Brody Distinguished Judicial Service Award from Colby College in 2010; the National Association of Women Lawyers’ highest honor, the Arabella Babb Mansfield Award, in 2011,The Women's Bar Association's highest award, The Lelia Robinson Award, in 2012, and, in 2008, the Thurgood Marshall Award from the American Bar Association, Section of Individual Rights and Responsibilities, which recognized her contributions to advancing human rights and civil liberties. The Marshall award has been given to one other woman, Justice Ruth Ginsburg.
In November 2014, she gave the Pope and John lecture at Northwestern University. In October 2014, she was a resident scholar at the Rockefeller Foundation in Bellagio, Italy; In September she gave the keynote address at the 18th Anniversary Celebration of the Jewish Women’s archive (September 14, 2014).
Gertner is presently working on her second book, Incomplete Sentences, concerning the men who she sentenced over her 17 year career as a federal judge. In addition to writing about them, highlighting the unfairness and disproportionality of their sentences, she is assisting in clemency petitions where appropriate.
Drawing on her wide ranging experience in practice and as a judge, Gertner also consults and litigates in civil right cases (she is of counsel to Neufeld, Scheck & Brustin, a civil rights firm in New York City), white collar criminal case (she is of counsel to Fick and Marx, a white collar criminal defense firm in Boston), as well as in employment discrimination and false claims cases.
Drawing on her judicial experience, Gertner engages in mediation and arbitration with Resolutions, LLC. (with Eric Green) and the Southeast Regional Mediation, Arbitration and Compliance Association (with Bill Nettles and Paul Zwier).
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.
Op-Ed Columnist, The Boston Globe
Jeff Jacoby, who has been a columnist for The Boston Globe since 1994, is a conservative writer with a national reputation.
A native of Cleveland, Jeff has degrees from George Washington University and from Boston University Law School. Before entering journalism, he (briefly) practiced law at the prominent firm of Baker & Hostetler, worked on several political campaigns in Massachusetts, and was an assistant to Dr. John Silber, the president of Boston University. In 1999, Jeff became the first recipient of the Breindel Prize, a major award for excellence in opinion journalism. In 2014, he was included in the “Forward 50,” a list of the most influential American Jews.
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.
U.S. District Court Judge, District of Massachusetts
Nominated by William J. Clinton on April 4, 1995, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on May 25, 1995, and received commission on May 26, 1995.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Executive Director, ACLU of Massachusetts
Carol Rose is executive director of the ACLU of Massachusetts. A lawyer and journalist, Carol has spent her career advocating for human rights and civil liberties both in the United States and abroad, including Afghanistan, Pakistan, Nepal, Japan, Sri Lanka, Israel, the West Bank and Gaza, Northern Ireland, and Vietnam. Prior to assuming her position at the helm of the ACLU of Massachusetts in January 2003, she worked as an attorney at the Boston law firm of Hill & Barlow, where she specialized in First Amendment and media law, intellectual property, civil rights, and international human rights law. She clerked for U.S. District Court Judge Patti Saris. She holds degrees from Stanford University, the London School of Economics, and Harvard 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.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Sho Sato Professor of Law; Faculty Director, Center for Law, Energy, & the Environment, University of California, Berkeley
Dan Farber is the Sho Sato Professor of Law at the University of California, Berkeley. He is also the Co-Director of the Center for Law, Energy, and the Environment. Professor Farber serves on the editorial board of Foundation Press. He is a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute. He is the editor of Issues in Legal Scholarship.
Professor Farber is a graduate of the University of Illinois, where he earned his B.A., M.A., and J.D. degrees. He graduated, summa cum laude, from the College of Law, where he was the class valedictorian and served as Editor-in-Chief of the University of Illinois Law Review. After graduation from law school, he was a law clerk for Judge Philip W. Tone of the United States Court of Appeals for the Seventh Circuit and then for Justice John Paul Stevens of the Supreme Court of the United States. Professor Farber practiced law with Sidley & Austin, where he primarily worked on energy issues, before joining the University of Illinois College of Law faculty in 1978. He was a member of the University of Minnesota Law School faculty from1981 to 2002, where he was the McKnight Presidential Professor of Public Law. He also has been a Visiting Professor at the Stanford Law School, Harvard Law School, and the University of Chicago Law School.
Among Professor Farber’s eighteen books are RESEARCH HANDBOOK ON PUBLIC CHOICE AND PUBLIC LAW (Elgar 2010) (with A. O’Connell); JUDGMENT CALLS: POLITICS AND PRINCIPLE IN CONSTITUTIONAL LAW (Oxford University Press 2008) (with S. Sherry); RETAINED BY THE PEOPLE: THE “SILENT” NINTH AMENDMENT AND THE RIGHTS AMERICANS DON’T KNOW THEY HAVE (Basic Books 2007); and LINCOLN’S CONSTITUTION (University of Chicago Press 2003).
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
Director, Multinational Business Services, Center for Regulatory Effectiveness
Jim Tozzi is a former regulatory official of the United States Office of Management and Budget (OMB). He currently is the head of the Center for Regulatory Effectiveness, an industry-supported organization that describes itself as a "regulatory watchdog."
Jim Tozzi got his Ph.D. in Economics and Business Administration from the University of Florida. After some time playing jazz as a self-described “bottom-tier” musician in New Orleans, Mr. Tozzi began working in Washington in 1964 at the Department of Defense, Office of the Secretary of the Army, where he worked on budget and strategic response issues. Mr. Tozzi served as an officer in the US Army Corps of Engineers.
CFPB Ruled Structurally Unconstitutional: PHH v. CFPB
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Julius Caesar is Shakespeare’s classic depiction of the abuse of power, political assassination and intrigue –...
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The growing role of the administrative agencies in American government is mirrored by a growing...
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Setback for the CFPB in the DC Circuit
Yesterday, the U.S. Court of Appeals for the D.C. Circuit delivered a huge blow the...
The Permission Society
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Washington, DC