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Fifth Annual Executive Branch Review Conference

The Relationship between Congress and the Executive Branch
Ronald A. Cass, Neil Eggleston, Todd F. Gaziano, Sally Greenberg, Kathleen Grillo, Lisa Heinzerling, Grace Koh, Michael S. Lee, Abbott (Tad) Lipsky, James C. Miller, David M. McIntosh, Mike J. Rogers, David C. Vladeck, Adam J. White, Benjamin Wittes, M. Edward Whelan May 17, 2017

The Fifth Annual Executive Branch Review Conference will examine the changing and often convoluted relationship between the legislative and the executive branches in the United States government. This daylong conference will feature plenary panels, addresses, and breakout panels on topics such as “The Unitary Executive,” “Chevron Deference,” and “Congressional Oversight of Voting Rights.”

The Conference will begin with an opening address by Senator Mike Lee.

State 'Around Market' Action and FERC: The End of Competitive Wholesale Electric Markets? - Event Audio/Video

Telecommunications & Electronic Media and Environmental Law & Property Rights Practice Groups
Larry Gasteiger, Raymond L. Gifford, Cheryl A. LaFleur, William W. Hogan, Steven Schleimer, Anthony T. Clark April 24, 2017

For the past two decades, the U.S. has experimented with “market”-based competitive wholesale electric markets.  Through FERC-superintended regional transmission organizations (RTOs) and Independent System Operators (ISOs), large regions of the country have procured electricity through a competitive generation model.  Recently, those markets have been questioned as baseload electric resources – nuclear, coal and combined-cycle gas – have become unprofitable in the face of tax-favored renewable energy and low cost natural gas.  States, in particular, have engaged in regulatory and legislative steps to rescue distressed baseload resources.  The New York Clean Energy Standard, the Illinois Future Energy Jobs Bill and moves by states as politically disparate as Massachusetts, Ohio, Connecticut, Texas and California have brought the issue of the future of electric markets to the fore.  This program will examine the legal and regulatory issues facing the states, the FERC, the courts and the entire electricity industry. 

This program was held at the National Press Club on April 18, 2017, and included an opening Keynote from Acting FERC Chairman Cheryl A. LaFleur followed by an expert panel discussion.

Featuring:

  • Larry Gasteiger, Chief, Federal Regulatory Policy for PSEG
  • Ray Gifford, Denver Managing Partner, Wilkinson Barker Knauer LLP
  • Hon. Cheryl A. LaFleur, Acting FERC Chairman
  • Prof. William (Bill) Hogan, Research Director, Harvard Electricity Policy Group, Raymond Plank Professor of Global Energy Policy, Harvard University
  • Steven Schleimer, Senior Vice President for Government and Regulatory Affairs, Calpine Corp.
  • Moderator: Tony Clark, Former FERC Commissioner, Senior Advisor, Wilkinson Barker Knauer LLP

National Press Club
Washington, DC

Telecommunications Law in the New Administration - Podcast

Telecommunications & Electronic Media Practice Group Podcast
Nicholas Degani, Patricia J. Paoletta, Bryan N. Tramont April 18, 2017

In late March, Congress used the Congressional Review Act to reverse the FCC’s controversial Broadband ISP Privacy Order. The FCC had overwritten the FTC’s prior regulation of ISP privacy, after President Obama took to YouTube following the 2014 mid-term elections, to call for the regulation of ISPs as common carriers,  under a framework dating from the monopoly provision of telephone service. 

The current FCC Chairman, Ajit Pai has announced he aims to deregulate, focused on removing outdated regulations to encourage investment and innovation. Pai’s Digital Empowerment Agenda sees competitive broadband networks as engines of economic growth.  Observers expect the underlying decision from the Obama era to regulate ISPs as common carriers – aka Open Internet or Net Neutrality – to be re-considered soon. The Chairman has also proposed revising broadcast ownership rules to reflect today’s more diverse media landscape, and repurposing spectrum to facilitate the next generation of mobile broadband and Internet of Things. Maximizing access to spectrum for “5G” broadband and IoT will require repurposing some federal spectrum, so the President’s federal spectrum manager at Commerce (NTIA) will play a critical role.

In our third segment of the Legal Options for the New Administration Teleforum Series, Bryan Tramont, Chair of the Federalist Society Telecommunications Executive Committee, moderated a discussion with Chairman Ajit Pai’s Senior Counsel, Nick Degani, and Patricia Paoletta, a telecom partner at the law firm of Harris, Wiltshire & Grannis LLP. 

Featuring:

  • Nicholas Degani, Senior Counsel to FCC Chairman Ajit Pai; formerly Wireline Legal Advisor to FCC Commissioner Ajit Pai
  • Patricia Paoletta, Partner at Harris, Wiltshire & Grannis LLP, named by the Trump-Pence Transition Team to the FCC Landing Team
  • Moderator: Bryan Tramont, Managing Partner of Wilkinson, Barker & Knauer, former FCC Chief of Staff; Chair of the Federalist Society Telecommunications Executive Committee

State ‘Around Market’ Action and FERC: The End of Competitive Wholesale Electric Markets?

Sponsored by the Telecommunications & Electronic Media and Environmental Law & Property Rights Practice Groups
William W. Hogan, Steven Schleimer, Larry Gasteiger, Raymond L. Gifford, Anthony T. Clark, Cheryl A. LaFleur April 18, 2017

For the past two decades, the U.S. has experimented with “market”-based competitive wholesale electric markets.  Through FERC-superintended regional transmission organizations (RTOs) and Independent System Operators (ISOs), large regions of the country have procured electricity through a competitive generation model.  Recently, those markets have been questioned as baseload electric resources – nuclear, coal and combined-cycle gas – have become unprofitable in the face of tax-favored renewable energy and low cost natural gas.  States, in particular, have engaged in regulatory and legislative steps to rescue distressed baseload resources.  The New York Clean Energy Standard, the Illinois Future Energy Jobs Bill and moves by states as politically disparate as Massachusetts, Ohio, Connecticut, Texas and California have brought the issue of the future of electric markets to the fore.  This program will examine the legal and regulatory issues facing the states, the FERC, the courts and the entire electricity industry. 

This program will include an opening Keynote from Acting FERC Chairman Cheryl A. LaFleur, and will be followed by an expert panel discussion.

Featuring:

  • Larry Gasteiger, Chief, Federal Regulatory Policy for PSEG
  • Ray Gifford, Denver Managing Partner, Wilkinson Barker Knauer LLP
  • Hon. Cheryl A. LaFleur, Acting FERC Chairman
  • Prof. William (Bill) Hogan, Research Director, Harvard Electricity Policy Group, Raymond Plank Professor of Global Energy Policy, Harvard University
  • Steven Schleimer, Senior Vice President for Government and Regulatory Affairs, Calpine Corp.
  • Moderator: Tony Clark, Former FERC Commissioner, Senior Advisor, Wilkinson Barker Knauer LLP

 

Telecommunications Law in the New Administration

Telecommunications & Electronic Media Practice Group Teleforum
Nicholas Degani, Patricia J. Paoletta, Bryan N. Tramont April 13, 2017

In late March, Congress used the Congressional Review Act to reverse the FCC’s controversial Broadband ISP Privacy Order.  The FCC had overwritten the FTC’s prior regulation of ISP privacy, after President Obama took to YouTube following the 2014 mid-term elections, to call for the regulation of ISPs as common carriers,  under a framework dating from the monopoly provision of telephone service. 

The current FCC Chairman, Ajit Pai has announced he aims to deregulate, focused on removing outdated regulations to encourage investment and innovation.  Pai’s Digital Empowerment Agenda sees competitive broadband networks as engines of economic growth.  Observers expect the underlying decision from the Obama era to regulate ISPs as common carriers – aka Open Internet or Net Neutrality – to be re-considered soon.  The Chairman has also proposed revising broadcast ownership rules to reflect today’s more diverse media landscape, and repurposing spectrum to facilitate the next generation of mobile broadband and Internet of Things.  Maximizing access to spectrum for “5G” broadband and IoT will require repurposing some federal spectrum, so the President’s federal spectrum manager at Commerce (NTIA) will play a critical role.

In our third segment of the Legal Options for the New Administration Teleforum Series, Bryan Tramont, Chair of the Federalist Society Telecommunications Executive Committee, will moderate a discussion with Chairman Ajit Pai’s Senior Counsel, Nick Degani, and Patricia Paoletta, a telecom partner at the law firm of Harris, Wiltshire & Grannis LLP. 

Featuring:

  • Nicholas Degani, Senior Counsel to FCC Chairman Ajit Pai; formerly Wireline Legal Advisor to FCC Commissioner Ajit Pai
  • Patricia Paoletta, Partner at Harris, Wiltshire & Grannis LLP, named by the Trump-Pence Transition Team to the FCC Landing Team
  • Moderator: Bryan Tramont, Managing Partner of Wilkinson, Barker & Knauer, former FCC Chief of Staff; Chair of the Federalist Society Telecommunications Executive Committee

The Role of Economic Liberty in the United States - Event Audio/Video

Administrative Law & Regulation and Telecommunications & Electronic Media Practice Groups
Michelle P. Connolly, Clark Neily, Lawrence J. Spiwak, Maureen K. Ohlhausen, Dean A. Reuter March 30, 2017

The Federalist Society hosted a lunch and discussion on the role of Economic Liberty in the United States on Tuesday, March 28, 2017.  

Today, many job-seeking Americans and companies face significant government barriers that restrict their full participation in the economy. These barriers, often in the form of restrictive regulatory regimes, prevent consumers from using their skills, entering new professions, and starting new businesses. They also prevent low and middle-class Americans from moving up the ladder.  Competition and free markets have the power to spur innovation, create new business models, and drive economic opportunity and growth.

Policymakers, like Acting Chair of the Federal Trade Commission Maureen Ohlhausen, have begun to take actions to address these barriers.  For example, Ms. Ohlhausen recently announced the creation of an Economic Liberty Task Force to advance economic liberty issues, with a particular focus on occupational licensing regulations.  These topics and others were addressed.

Speakers Include: 

  • Prof. Michelle P. Connolly, Professor of the Practice of Economics, Duke University
  • Clark Neily, Senior Attorney, Institute for Justice
  • Lawrence J. Spiwak, President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
  • Moderator: Hon. Maureen K. Ohlhausen, Acting Chairman, Federal Trade Commission
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

National Press Club
Washington, DC

The Role of Economic Liberty in the United States - Sen. Ted Cruz Keynote Address - Event Audio/Video

Administrative Law & Regulation and Telecommunications & Electronic Media Practice Groups
R. Ted Cruz, Dean A. Reuter March 30, 2017

Senator Ted Cruz gives the keynote address to open the Federalist Society's lunch and discussion on the role of Economic Liberty in the United States on Tuesday, March 28, 2017.

Featuring: 

  • Hon. R. Ted Cruz, United States Senator, Texas
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

National Press Club
Washington, DC

The Role of Economic Liberty in the United States

Administrative Law & Regulation and Telecommunications & Electronic Media Practice Groups
R. Ted Cruz, Maureen K. Ohlhausen, Michelle P. Connolly, Clark Neily, Lawrence J. Spiwak March 28, 2017

The Federalist Society will host a lunch and discussion on the role of Economic Liberty in the United States on Tuesday, March 28, 2017.  Today, many job-seeking Americans and companies face significant government barriers that restrict their full participation in the economy.  These barriers, often in the form of restrictive regulatory regimes, prevent consumers from using their skills, entering new professions, and starting new businesses.  They also prevent low and middle class Americans from moving up the ladder.  Competition and free-markets have the power to spur innovation, create new business models, and drive economic opportunity and growth.  Policymakers, like Acting Chair of the Federal Trade Commission Maureen Ohlhausen, have begun to take actions to address these barriers.  For example, Ms. Ohlhausen recently announced the creation of an Economic Liberty Task Force to advance economic liberty issues, with a particular focus on occupational licensing regulations.  These topics and others will be addressed.

Address - Audio/Video

  • Hon. R. Ted Cruz, United States Senator, Texas

Panel - Audio/Video 

  • Prof. Michelle P. Connolly, Professor of the Practice of Economics, Duke University
  • Clark Neily, Senior Attorney, Institute for Justice
  • Lawrence J. Spiwak, President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
  • Moderator: Hon. Maureen K. Ohlhausen, Acting Chairman, Federal Trade Commission

FTC, Past and Future - Podcast

Telecommunications & Electronic Media and Intellectual Property Practice Group Podcast
Alden Abbott, Maureen K. Ohlhausen February 16, 2017

The Federal Trade Commission has dual missions to protect consumers and competition. The agency has a 100+ years of history as an antitrust enforcer and general consumer protection agency. And over the last 20 years it has emerged as the lead U.S. agency addressing consumer privacy and data security. During the past administration, the agency faced challenges within and without. How well has it executed its dual missions? What external factors (such as actions by the CFPB and FCC) have affected its ability to further its missions? And how might the agency improve in the coming administration? To answer these questions we'll talk to Heritage Senior Fellow Alden Abbot and FTC Acting Chairman Maureen K. Ohlhausen.

Featuring:

  • Alden Abbott, Deputy Director of the Edwin Meese III Center for Legal and Judicial Studies and the John, Barbara, and Victoria Rumpel Senior Legal Fellow, The Heritage Foundation
  • Hon. Maureen K. Ohlhausen, Commissioner, Federal Trade Commission

 

FTC, Past and Future

Telecommunications & Electronic Media and Intellectual Property Practice Group Teleforum
Alden Abbott, Maureen K. Ohlhausen February 15, 2017

The Federal Trade Commission has dual missions to protect consumers and competition. The agency has a 100+ years of history as an antitrust enforcer and general consumer protection agency. And over the last 20 years it has emerged as the lead U.S. agency addressing consumer privacy and data security. During the past administration, the agency faced challenges within and without. How well has it executed its dual missions? What external factors (such as actions by the CFPB and FCC) have affected its ability to further its missions? And how might the agency improve in the coming administration? To answer these questions we'll talk to Heritage Senior Fellow Alden Abbot and FTC Acting Chairman Maureen K. Ohlhausen.

Featuring:

  • Alden Abbott, Deputy Director of the Edwin Meese III Center for Legal and Judicial Studies and the John, Barbara, and Victoria Rumpel Senior Legal Fellow, The Heritage Foundation
  • Hon. Maureen K. Ohlhausen, Commissioner, Federal Trade Commission