Partner, Schaerr | Jaffe LLP
Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 120 Supreme Court matters, including filing over 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 70 amicus briefs at both the cert. and merits stages.
A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm of Schaerr | Jaffe LLP in 2018.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Partner, Orrick, Herrington & Sutcliffe LLP
Andy excels at solving complex problems for his clients using a variety of effective strategies. As former Chief Deputy Attorney General for the State of Wisconsin, Andy Cook has extensive experience representing businesses before state Attorneys General involving investigations and lawsuits. His strong relationships with Attorneys General and their senior staff frequently facilitate the successful resolution of client issues through diplomacy and negotiations. When litigation becomes necessary, Andy effectively advocates for clients throughout the litigation process.
Andy combines his legal expertise in numerous areas of law covered by state Attorneys General, an understanding of how state AG offices operate, and vast knowledge of legal and regulatory issues facing his clients. This substantive and comprehensive legal approach is crucial to effectively representing clients before state Attorneys General. Andy also has substantial experience drafting and enacting complex civil liability reforms before state legislatures to successfully address client goals.
Andy’s main practice focuses on advising Fortune 500 companies before state Attorneys General in the areas of antitrust, consumer protection, False Claims Act, environmental law, and cybersecurity and data privacy. Andy, in collaboration with a team of attorneys, successfully navigated a client through antitrust regulatory review by state Attorneys General in one of the nation’s largest mergers of two major telecommunication companies. Andy also worked with a team of lawyers representing a large corporation involving the multistate opioids litigation brought by state Attorneys General.
Andy gained valuable experience serving as Deputy Attorney General for the State of Wisconsin where he was the second in command of the 700-plus state agency. In his role as Chief Deputy Attorney General, Andy oversaw the day-to-day operations at the Wisconsin Department of Justice (DOJ); directed the State’s litigation strategy; negotiated, reviewed, and approved all settlements; drafted and reviewed attorney general opinions; managed the agency’s budget; oversaw civil and criminal investigations handled by DOJ; and managed DOJ’s legislative agenda.
Andy played college hockey and remains active by running, cross country skiing, and playing golf. On the weekends, Andy and his wife enjoy watching their kids’ sporting events, including soccer, baseball, gymnastics, and track. In his rare spare time, Andy reads history books.
Partner, Wiley Rein LLP
Tom has over 15 years’ experience in private practice and public service at the federal and state levels representing clients in high-stakes appellate and regulatory litigation matters. Tom has argued appeals in the Fourth, Fifth, Ninth, D.C. and Federal Circuits, and the West Virginia Supreme Court of Appeals.
Prior to joining Wiley, Tom was the General Counsel at the Federal Communications Commission (FCC), where he served as the agency’s chief legal officer and briefed dozens of appeals – personally arguing two – in the federal courts of appeals in constitutional and administrative law challenges to the FCC’s orders. Tom managed a team of over 70 attorneys and staff and provided consultation and advice on a wide range of practice areas relating to the FCC’s work, including administrative law, appellate and trial litigation, bankruptcy, ethics, fiscal law, fraud, labor and employment, and public records requests. He has spent his career advising clients on all stages of federal agency rulemaking, adjudication, and litigation, in fields ranging from communications to environmental law to securities to labor and employment. He frequently speaks and writes on legal issues and his articles have appeared in the Wall Street Journal, Washington Post, National Review, Forbes, and Newark Star-Ledger.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
United States House of Representatives, Maryland
The son of immigrants who fled communist Eastern Europe immediately after World War II, Andrew P. Harris, M.D., has spent a lifetime serving his neighbors, country and community. Whether it was as a physician at the prestigious Johns Hopkins Hospital, as a medical officer in the Naval Reserve, as a hard-working state senator, or now as congressman, Andy has made a life by serving others. He is dedicated to making sure every constituent in the 1st Congressional District receives the highest-quality assistance and is well-represented in the halls of Congress.
Serving his neighbors. Andy is a proud father of five children (Joe, Becky, Irene, Jessica and Danny), grandfather of two (Charles, Abigail), and husband to Cookie for over 33 years. Born in working-class Brooklyn in 1957, Andy grew up one of four boys.. He found his calling studying medicine at the Johns Hopkins Hospital in Baltimore, where he continued to practice as an anesthesiologist for over three decades. Obstetric anesthesiology was his subspecialty, and over those years has helped thousands of women through their labor and delivery. For many years, his peers chose him to be named as one of the nation’s “Best Doctors” in his specialty. Recently, Andy still practices at Memorial Hospital in Easton, Maryland.
Serving his country. Answering a recruitment call to fill a critical need for anesthesiologists in the Naval Reserve during the Reagan Administration, Andy volunteered to serve in the military as a medical specialist. He went on to establish and command the Johns Hopkins Medical Naval ReserveUnit. In 1990, his unit was called up to active duty in order to assist with Operation Desert Shield (and later Operation Desert Storm). They took care of active duty military, veterans, and POWs at Bethesda Naval Hospital. Harris reached the rank of Commander (O-5).
Serving his community. Unhappy with the status quo in Annapolis, Harris, a political neophyte, decided to take on the establishment and make a run for the Maryland State Senate in 1998. After winning by an impressive margin, Andy continued to serve as a physician – epitomizing our Founding Fathers' belief in a part-time, citizen legislature. His innovative thinking, devotion to efficient government and dedication to his constituents earned him the “Hero of the Taxpayer” award from the Maryland Taxpayers Association in 2008.
Andy began serving as the Congressman from the beautiful 1st Congressional District of Maryland in 2011. He serves on the Committee on Appropriations and on the following subcommittees: Commerce, Justice, Science, and Related Agencies; Labor, Health and Human Services, Education, and Related Agencies; and Legislative Branch. In his free time, he enjoys spending time on the Chesapeake Bay with his family, and repairing old cars with his sons.
Prof. Jill Levenson is a licensed clinical social worker with more than 20 years experience in the human service field. She began her career as a child protection social worker in Baltimore and has worked in a variety of social service agencies over the years. In addition to teaching at Lynn, she maintains a small psychotherapy practice.
Levenson is also a nationally recognized expert in sexual violence and is frequently quoted in the media. She has testified in front of the Florida, Kansas, Vermont and New Mexico Legislatures and has contributed to an Amicus Brief submitted to the U.S. Supreme Court in the 2002 case of CT v. Doe, which addressed the constitutionality of Megan's Law. Levenson is actively engaged in several research projects funded by the National Institute of Justice, and serves on the editorial board of “Sexual Abuse: Journal of Research and Treatment.”
Charles I. Francis Professorship in Law, University of Texas at Austin School of Law
Professor Aaron Nielson lectures and writes in the areas of administrative law, civil procedure, and federal courts. Before joining the faculty, he served as Solicitor General of Texas and represented Texas before the U.S. Supreme Court and the Texas Supreme Court, as well as overseeing all appellate litigation for the State. Earlier in his career, he was a professor at Brigham Young University and an appellate and antitrust partner in the Washington, D.C. office of Kirkland & Ellis LLP. He also clerked for Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.
As Solicitor General, Professor Nielson successfully defended against a First Amendment challenge Texas’s law requiring online pornographers to institute age verification. In 2020, the U.S. Supreme Court appointed him to defend the constitutionality of a federal agency. He currently serves as a Senior Fellow of the Administrative Conference of the United States after completing a six-year term as an appointed public member and chair of the Conference’s Administration & Management Committee.
Nielson’s research focuses on administrative law, federal litigation, and the separation of powers. He has published (or soon will publish) in the Harvard Law Review, Columbia Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, Duke Law Journal, Georgetown Law Journal, Cornell Law Review, and Northwestern University Law Review, among others. Nielson has been recognized for teaching for teaching and scholarship and in 2021 received the Federalist Society’s Joseph Story Award, which recognizes a young academic for excellence in legal scholarship, a commitment to teaching, and a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society. He is also an elected member of the American Law Institute.
Professor Nielson received his J.D. magna cum laude from Harvard Law School and an LL.M from the University of Cambridge, where he focused his studies on the institutions that regulate global competition and commerce. He received his undergraduate degree summa cum laude from the University of Pennsylvania, majoring in economics and political science.
Partner, Gibson, Dunn & Crutcher
Jason J. Mendro is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP, where he practices in the firm's Litigation Department. Mr. Mendro has extensive experience defending class and derivative action lawsuits at the trial and appellate level, in both federal and state courts. He is a member of the Steering Committee of the Firm's Securities Litigation Practice Group. Law360 recently recognized Mr. Mendro as a "Rising Star" in the category of securities law.
Mr. Mendro has defended numerous securities class actions and shareholder derivative actions, representing directors and executives against a host of challenges to their decisions, oversight, and compensation.
Mr. Mendro has also defended complex litigation involving a broad spectrum of other disputes, including claims under ERISA, the Fair Labor Standards Act, and the Sarbanes-Oxley whistleblower protection laws. He has conducted internal investigations, represented special litigation committees, and defended companies in investigations and actions by the Consumer Financial Protection Bureau, the Securities and Exchange Commission, and self-regulatory organizations.
Mr. Mendro also has significant experience in appellate litigation and in rulemaking challenges. Among other recent matters, Mr. Mendro was a key contributor to successful challenges to numerous, controversial regulations with broad implications for the global swaps market, as well as a precedent-setting appellate victory that reversed a multi-million-dollar jury verdict under the False Claims Act.
Mr. Mendro graduated cum laude from Harvard Law School. He earned a bachelor's degree from the University of Florida, where he graduated first in his class. Mr. Mendro also served as a law clerk to the Honorable Gerald B. Tjoflat of the United States Court of Appeals for the Eleventh Circuit.
Mr. Mendro is admitted to practice law in Washington, D.C., California, and numerous federal courts, including the Supreme Court of the United States and the United States Courts of Appeals for the First, Second, Third, Fourth, Seventh, Ninth, Eleventh, and D.C. Circuits.
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.
United States Senator, Florida
Rick Scott was elected to the U.S. Senate in 2018 and is currently serving his first term representing the state of Florida. Prior to his election to the U.S. Senate, Rick Scott served two terms as the 45th Governor of Florida, working every day to turn around Florida’s economy and secure the state’s future as the best place for families and businesses to succeed. Rick Scott grew up in public housing in the Midwest as his adoptive father, a World War II veteran and truck driver, and his mother, a store clerk, struggled to financially support their family. After marrying his high school sweetheart, Ann, Rick Scott joined the Navy, where he served active duty as a radar man aboard the USS Glover. He used the G.I. Bill to attend the University of Missouri, Kansas City, and eventually opened his first business – a donut shop. Rick Scott went on to run the world’s largest healthcare company and continues to fight every day so families across the state can have the same opportunities he had to live the American dream.
Rick Scott knows firsthand that a good paying job is one of the most important things for a family, and following Florida’s economic collapse ten years ago, he made the decision to run for governor as a businessman with no political experience. During his term as Governor, he successfully championed more than $10 billion in tax cuts and cut thousands of burdensome regulations that led Florida businesses to create nearly 1.7 million new jobs. Under his leadership, the unemployment rate dropped from 11 percent to 3.3 percent, Florida paid down $10 billion in state debt, and record investments were made in what matters most to Floridians – education, the environment, and public safety.
Rick Scott and his wife, Ann, have been married for 49 years and have two daughters, Allison and Jordan, six grandsons, Auguste, Quinton, Sebastian, Eli, Louie and Jude, and one granddaughter, Zelda Ann.
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.
United States Senator, Florida
Rick Scott was elected to the U.S. Senate in 2018 and is currently serving his first term representing the state of Florida. Prior to his election to the U.S. Senate, Rick Scott served two terms as the 45th Governor of Florida, working every day to turn around Florida’s economy and secure the state’s future as the best place for families and businesses to succeed. Rick Scott grew up in public housing in the Midwest as his adoptive father, a World War II veteran and truck driver, and his mother, a store clerk, struggled to financially support their family. After marrying his high school sweetheart, Ann, Rick Scott joined the Navy, where he served active duty as a radar man aboard the USS Glover. He used the G.I. Bill to attend the University of Missouri, Kansas City, and eventually opened his first business – a donut shop. Rick Scott went on to run the world’s largest healthcare company and continues to fight every day so families across the state can have the same opportunities he had to live the American dream.
Rick Scott knows firsthand that a good paying job is one of the most important things for a family, and following Florida’s economic collapse ten years ago, he made the decision to run for governor as a businessman with no political experience. During his term as Governor, he successfully championed more than $10 billion in tax cuts and cut thousands of burdensome regulations that led Florida businesses to create nearly 1.7 million new jobs. Under his leadership, the unemployment rate dropped from 11 percent to 3.3 percent, Florida paid down $10 billion in state debt, and record investments were made in what matters most to Floridians – education, the environment, and public safety.
Rick Scott and his wife, Ann, have been married for 49 years and have two daughters, Allison and Jordan, six grandsons, Auguste, Quinton, Sebastian, Eli, Louie and Jude, and one granddaughter, Zelda Ann.
Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at Georgetown University Law Center. He has argued before the United States Supreme Court, tried murder cases to juries as a prosecutor in Chicago, and appeared as a prosecutor in the feature film Inalienable. He is the author of numerous books, including Restoring the Lost Constitution, The Structure of Liberty, Our Republican Constitution, and The Original Meaning of the Fourteenth Amendment. He has published two memoirs, A Life for Liberty: The Making of an American Originalist, and Felony Review: Tales of True Crime and Corruption in Chicago. He is currently working on a new book, Freedom and Flourishing: Libertarianism for the Real World.
Partner, King & Spalding LLP
Former U.S. Attorney for the Eastern District of California, a 34-county district with an area that stretches from the Oregon border to Bakersfield, Greg Scott is an experienced trial lawyer who represents major companies facing government investigations and litigation, with a focus in the healthcare, retail, and construction industries. He has extensive knowledge on matters involving consumer protection, construction disputes, the Foreign Corrupt Practices Act (FCPA) and the False Claims Act (FCA).
Greg represents corporations under investigation by state district attorneys concerning potential violations of consumer protection laws, as well as corporations operating senior assisted livingfacilities under investigation by the state attorney general regarding potential violations of elder abuse laws. In addition, he represents construction companies under investigation by state district attorneys when employees are involved in serious accidents at worksites.
A retired Lieutenant Colonel after serving more than 20 years in the California Army National Guard & United States Army Reserve, Greg went on to become a deputy district attorney in Contra Costa County and twice-elected District Attorney of Shasta County. He also served as an Adjunct Professor of National Security Law at the University of the Pacific, McGeorge School of Law following his first term as U.S. Attorney for the E.D. of California. Between his two terms as U.S. Attorney for the E.D. of California, Greg was the vice chair of the white-collar defense and corporate investigations practice at an AmLaw 50 firm.
Missouri v. McNeely - Post-Argument SCOTUScast
Erik S. Jaffe
On January 9, 2013, the Supreme Court heard oral argument in Missouri v. McNeely. The question...
Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges
Andrew Cook
Introduction Since the 2010 elections altered the makeup of many state legislative and executive branches,...
Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges
Andrew Cook
Introduction Since the 2010 elections altered the makeup of many state legislative and executive...
New Jersey Voters Overwhelmingly Approve Constitutional Amendment to Overturn Judicial Pensions Case
Thomas M. Johnson
On Election Day 2012, New Jersey voters overwhelmingly approved the New Jersey Judicial Salary...
An Exchange Over The Sex Offender Registration and Notification Act (SORNA)
John G. Malcolm, Andrew P. Harris, Jill Levenson
The Sex Offender Registration and Notification Act: A Sensible and Workable Law that Helps Keep...
Marijuana: Examining the Tensions Between State and Federal Laws
FTC v. Phoebe Putney Health System, Inc. - Post-Argument SCOTUScast
Aaron Nielson
On November 26, 2012 the Supreme Court heard oral argument in FTC v. Phoebe Putney Health Systems,...
U.S. Airways, Inc. v. McCutchen - Post-Argument SCOTUScast
Jason Mendro
On November 27, 2012, the Supreme Court heard oral argument in U.S. Airways, Inc. v. McCutchen....
Address by Governor Rick Scott
Dean Reuter, Rick Scott
Governor Rick Scott of Florida addressed attendees of the Federalist Society's 2012 National Lawyers Convention...
Address by Governor Rick Scott
Dean Reuter, Rick Scott
Governor Rick Scott of Florida addressed attendees of the Federalist Society's 2012 National Lawyers Convention...