Associate, Ropes & Gray
Peter has significant experience in representing mutual funds, private equity funds, hedge funds, corporations and individuals in complex securities and corporate litigation matters, including the representation of the directors and officers of several public companies in securities class actions and breach of fiduciary duty actions. Peter also is experienced in litigating contested merger transactions, including strategic, financial and going private transactions. Peter has been involved in advising committees of directors at several large corporations concerning corporate governance and related issues in the context of mergers and acquisitions and other strategic alternatives, as well as related-party transactions, internal investigations and litigation. Peter currently serves as the Chairman of the Directors and Officers Liability Litigation Committee of the American Bar Association and is a member of the ABA Business Law Section's Task Force on Director and Officer Liability.
Peter also has significant experience, as both a litigator and adviser, in representing directors and officers of public and private corporations, as well as principals of private equity and hedge funds, in connection with their indemnification and director and officer insurance programs. Peter was involved in the successful representation of the outside directors of the Enron Corporation in litigation involving Enron's $450 million director and officer insurance program.
Peter has represented several public companies and investment advisers in connection with investigations conducted by the Securities and Exchange Commission and has also represented public companies and an investment advisor in connection with criminal investigations conducted by the Department of Justice.
Peter also represents clients in the health care industry in enforcement and litigation matters. Peter has helped to represent a large health care company in investigations conducted by the federal government, including by the Department of Justice, and by state enforcement authorities.
In 2004, Peter served as a Special Assistant District Attorney in Middlesex County. Peter prosecuted some fifteen jury and bench trials and argued legal and evidentiary motions on a daily basis.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Partner, Consovoy McCarthy PLLC
Thomas R. McCarthy is a partner at Consovoy McCarthy Park PLLC. Mr. McCarthy assists clients with a wide array of issues in federal district and appellate courts across the country. He frequently represents clients in complex litigation involving diverse legal issues arising under the First Amendment, the Equal Protection Clause, the Commerce Clause, and other provisions of the U.S. Constitution. Mr. McCarthy also represents clients in litigation matters involving numerous federal statutes such as the Administrative Procedure Act, the Federal Arbitration Act, the Sherman Act, the Communications Act, the Voting Rights Act, and the Patent Act. He also represents clients with regulatory matters before the Federal Communications Commission, the Federal Trade Commission, and various other federal agencies.
Mr. McCarthy is a former law clerk to Judge David B. Sentelle of the United States Court of Appeals for the D.C. Circuit, and Judge Frank W. Bullock, Jr. of the United States District Court for the Middle District of North Carolina. Since 2011, McCarthy has been the co-director of the George Mason University School of Law Supreme Court Clinic. He previously taught an advanced constitutional law seminar at Mason Law.
Mr. McCarthy earned his BS from the University of Notre Dame, where he was a Notre Dame Scholar, and his JD magna cum laude from George Mason University School of Law. Mr. McCarthy is a member of the Virginia and District of Columbia bars.
Counsel to the Firm, Cascadia Cross-Border Law
Margaret Stock focuses her practice on immigration and citizenship law. She is a nationally known expert on immigration and national security laws, and has testified regularly before Congressional committees on immigration, homeland security, and military matters. As a retired Lieutenant Colonel in the Military Police, U.S. Army Reserve, Margaret has extensive experience with U.S. military issues. She has also worked as a professor at the United States Military Academy at West Point, and she has served as an adjunct instructor at the University of Alaska. Margaret served as a member of the American Bar Association Commission on Immigration from 2008-2012. She regularly authors articles on military-related immigration issues, and is well-versed on “parole in place” for military family members and the Military Accessions Vital to the National Interest (“MAVNI”) Program. Margaret authored the book Immigration Law & the Military, which was published by the American Immigration Lawyers Association in 2012.
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Partner, Consovoy McCarthy Park PLLC
Mr. Consovoy assists clients on a broad range of litigation and appellate issues primarily before the Supreme Court of the United States and federal appellate and district courts, as well as before federal agencies. Mr. Consovoy represents clients in cases involving constitutional issues, interpretation and enforcement of federal statutes, administrative law, civil rights disputes, and a variety of other civil litigation issues. Mr. Consovoy recently argued two cases—Spokeo v. Robbins and Evenwel v. Abbott—before the Supreme Court of the United States.
Mr. Consovoy is a former law clerk to Supreme Court Justice Clarence Thomas, Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit, and the 17th Judicial Circuit of Virginia. Mr. Consovoy is a member of the Edward Coke Appellate Inn of Court and was named by Law360 as a “rising star” in appellate law for 2013. Since 2011, Mr. Consovoy has been the co-director of the Supreme Court Clinic at the Antonin Scalia Law School at George Mason University, where he also is the co-director of the Administrative Law Clinic.
Mr. Consovoy earned his B.A. from Monmouth University, and his J.D. magna cum laude from George Mason University School of Law. Mr. Consovoy is a member of the Virginia and District of Columbia bars.
David McIntosh is a leader for the principles of limited constitutional government and individual freedom. He is president of the Club for Growth, the leading advocate for economic liberty.
Former Congressman David McIntosh represented Indiana's 2nd Congressional District in the United States Congress from 1995-2001. As a Freshman, David chaired the Subcommittee on Regulatory Relief. He passed the Congressional Review Act and held extensive oversight and field hearings to build a record of public support for regulatory relief initiatives in energy, biotechnology, pharmaceutical, healthcare, transportation and technology sectors. Another issue that he championed was the elimination of the marriage penalty in the Federal Tax Code.
David served during the Reagan administration as special assistant to Attorney General Edwin Meese III, and as special assistant to President Reagan for Domestic Affairs. During the first Bush administration, he served as executive director of the President's Council on Competitiveness and assistant to the Vice President. The Competitiveness Council coordinated the cost/benefit review of major regulations and promoted legal reform measures.
David is a co-founder of the Federalist Society for Law and Public Policy and serves on the Board of Directors. He remains active with several free market and conservative think tanks and grassroots organizations. David has also had stints at the Hudson Institute and as a Professor of Economics at Ball State School of Business.
Prior to the Club for Growth, David was a partner at Mayer Brown, LLP in Washington, DC.
David graduated from the University of Chicago Law School in 1983, and Yale University, BA, cum laude, in 1980. He and his wife, Ruthie, are the proud parents of Ellie age 17 and Davey age 13.
Partner, Gibson Dunn & Crutcher LLP
Theodore B. Olson is a Partner in Gibson, Dunn & Crutcher’s Washington, D.C. office; a founder of the Firm’s Crisis Management, Sports Law, and Appellate and Constitutional Law Practice Groups.
Mr. Olson was Solicitor General of the United States during the period 2001-2004. From 1981-1984, he was Assistant Attorney General in charge of the Office of Legal Counsel in the U.S. Department of Justice. Except for those two intervals, he has been a lawyer with Gibson, Dunn & Crutcher in Los Angeles and Washington, D.C. since 1965.
Selected by Time magazine in 2010 as one of the 100 most influential people in the world, Mr. Olson is one of the nation’s premier appellate and United States Supreme Court advocates. He has argued 65 cases in the Supreme Court and has prevailed in over 75% of those cases. These include the two Bush v Gore cases arising out of the 2000 presidential election; Citizens United v Federal Election Commission; Hollingsworth v Perry, the case affirming the overturning of California’s Proposition 8, banning same-sex marriages; Murphy v NCAA, overturning a federal law prohibiting states from authorizing sports betting; and U.S. Dept. of Homeland Security v Regents of the Univ. of Calif., challenging the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (“DACA”). Mr. Olson’s practice is concentrated on appellate and constitutional law, federal legislation, media and commercial disputes, and assisting clients with strategies for the containment, management and resolution of major legal crises. He has handled cases at all levels of state and federal court systems throughout the United States. Mr. Olson co-authored “Redeeming the Dream, the Case for Marriage Equality” with David Boies. Both were featured in HBO’s award-winning documentary, “The Case Against 8.”
Mr. Olson's Supreme Court arguments have included cases involving separation of powers; federalism; voting rights; the Tenth Amendment; the First Amendment; the Equal Protection and Due Process Clauses; jury trial rights; punitive damages; takings of property; the Commerce Clause; administrative law; taxation; criminal law; sports wagering; copyright, patent and antitrust; securities; campaign finance; foreign sovereign immunities; telecommunications; the environment; the internet; the Supremacy Clause; and other federal constitutional and statutory questions. As Solicitor General, during the presidency of George W. Bush, Mr. Olson was the Government's principal advocate in the United States Supreme Court, responsible for supervising and coordinating all appellate litigation of the United States, and a legal adviser to the President and the Attorney General. As Assistant Attorney General for the Office of Legal Counsel during the Reagan Administration, Mr. Olson was the Executive Branch's principal legal adviser, rendering legal guidance to the President and to the heads of the Executive Branch departments on a wide range of constitutional and federal statutory questions, and assisting in formulating and articulating the Executive Branch's position on constitutional issues.
Mr. Olson has served as private counsel to two Presidents, Ronald W. Reagan and George W. Bush, in addition to serving those two Presidents in high-level positions in the Department of Justice. He has twice been awarded the United States Department of Justice's Edmund J. Randolph Award, its highest award for public service and leadership, and also received the Department of Defense's Distinguished Public Service Award, its highest civilian award, for his advocacy in the courts of the United States, including the Supreme Court. He also received the American Bar Association Medal, its highest award for “exceptionally distinguished service by a lawyer or lawyers to the cause of American jurisprudence.” Mr. Olson is to receive the 2021 Jack Valenti Friend of the White House Fellows Award in the Fall of 2021 to be presented by the White House Fellows Foundation and Association.
Mr. Olson is a member of the Commission on White House Fellowships; a member of the Board of Trustees of the Ronald Reagan Presidential Foundation; a member of the Board of Visitors of the Federalist Society; the Board of Directors of the Knight First Amendment Institute at Columbia University; and the 9/11 Pentagon Memorial Foundation. He was a visiting scholar at the National Constitution Center in 2007. He served on the President's Privacy and Civil Liberties Oversight Board from 2006 to 2008; and of the Council of the Administrative Conference of the United States from 2010 to 2020. He was Co-Chair of the Knight Commission on the Information Needs of Communities in a Democracy from 2008-2009, and served two terms on the Board of Directors of the National Center for State Courts.
Mr. Olson is a Fellow of both the American College of Trial Lawyers and the American Academy of Appellate Lawyers. He has been repeatedly listed in legal publications as one of the nation’s leading appellate lawyers. The late New York Times columnist William Safire described Mr. Olson as his generation's "most persuasive advocate" before the Supreme Court and "the most effective Solicitor General in decades.”
Mr. Olson received his law degree in 1965 from the University of California at Berkeley (Boalt Hall) where he was a member of the California Law Review and Order of the Coif. He received his bachelor's degree from the University of the Pacific, where he was recognized as the outstanding graduating student in both forensics and journalism. He has written and lectured extensively on appellate advocacy, oral communication in the courtroom, civil justice reform, and constitutional and administrative law.
Business Judgment Rule on the Line: Tower Air, IT Group, and Notice Pleading in Federal Court
Randall W. Bodner, Peter L. Welsh
The business judgment rule has long been a cornerstone of corporate law and business practice...
An End (or Prelude?) to Further Litigation in the Reparations Movement
For decades there have been eff orts to obtain reparations for the descendants of those...
The State Secrets Privilege: A Necessary Evil?
Claudio Ochoa
The state secrets privilege is a common-law evidentiary privilege that allows the Executive to withhold...
The Effect of Identification Requirements on Minority Voter Turnout
Hans A. Von Spakovsky
Voter fraud is a well-documented and existing problem in the United States. While it is...
NSA Surveillance: The Litigation and its Implications
Thomas R. McCarthy
On December 16, 2005, the New York Times reported that President Bush had authorized the...
The Real ID Act Border Fence Provision: Congress Delegates Power to the Executive to Waive Laws in the Interest of National Security
Margaret D. Stock
Most readers of Engage are likely familiar with the ongoing public controversy over proposals to...
Gail Heriot Reviews The Chosen by Jerome Karabel
Gail L. Heriot
The modern university got its start on September 2, 1945, on the decks of the...
William Consovoy Reviews The Powers of War and Peace by John Yoo
William S. Consovoy
The idea that the President holds the primary power to manage the foreign affairs of...
Bar Watch Bulletin February 2007
Once again, ABA Watch will be reporting live from the ABA’s Midyear meetings, which are...
Luncheon Address by Hon. Theodore B. Olson
David M. McIntosh, Theodore B. Olson
In honor of former Attorney General Edwin Meese III, the Federalist Society held an all...