Legal Reform Champions

Welcome to ATRA's Legal Reform Champions List

Giving Corporate American a Choice for Pro-Reform Counsel

Every corporate CEO and general counsel knows that today's unpredictable legal environment is a clear threat to American Business.

Are your corporate defense firms part of the solution or part of the problem?

Many observers have long recognized the personal injury bar - and the millions of dollars they funnel to judicial and legislative campaigns - as the main pillar of support for America's broken legal system. While some defense firms have joined the battle for legal reform, too may have been content to sit on the sidelines and allow this threat to American business to go unchallenged.

Launched in the summer of 2003, ATRA's Legal Reform Champions is a nationwide campaign of attorneys, scholars and business people committed to promoting legal reform by recognizing defense lawyers who have distinguished themselves by their dedication to end lawsuit abuse and promote a fair predictable legal system. Lawyers named to the list are selected based on the following criteria:

• Speeches, editorials, articles and other effective public communication;
• Pro-bono support for reform groups;
• Support for pro-tort reform candidates for office;
• Service on judicial selection committees; and
• Support of tort reform positions within state and national legal groups, including the American Bar Association.

It goes without saying that recipients would not file frivolous lawsuits.

ATRA is honored to recognize the following Legal Reform Champions. We look forward to adding distinguished names to this list throughout the year, so please visit our site often.

For more than 20 years, John Beisner has defended corporations successfully in more than 450 class actions in federal and state courts of 37 states. As head of the O'Melveny & Myers LLP 120-attorney Class Action Practice Group and the firm's Washington, D.C. office, John is a highly visible and respected advocate for civil justice reform. He proposed the core jurisdictional concepts reflected in the federal Class Action Fairness Act, and he has drafted model class action reform legislation for state legislatures. He is frequently quoted in the media, appears on speaking circuits nationwide, and has published a series of empirical research articles documenting state court litigation abuses. His professional activities include the American Law Institute and the American Bar Association. He received his J.D. with honors from the University of Michigan.
O'Melveny & Myers LLP
1625 Eye Street, NW, Washington, DC 20006
202-383-5370
www.omm.com
jbeisner@omm.com

Griffin B. Bell, a partner in the Atlanta office of King & Spalding LLP, is well known for his notable record in the courtroom and as political appointee and advisor to some of the Country's top executives. He joined the firm in 1953 and today represents clients in all phases of trial and appellate litigation, with a recent focus on matters related to corporate investigations. In 1961, President John F. Kennedy appointed him to serve as a United States Circuit Judge on the Fifth Circuit Court of Appeals, where he served for 15 years. He served as the 72nd Attorney General of the United States from 1977-79. In 1989, he was appointed Vice Chairman of George H. Bush's Commission on Federal Ethics Law Reform and was counsel to the President during the Iran Contra investigation. Judge Bell currently serves on several federal advisory committees for the U.S. Department of Defense and the Federal Bureau of Investigation. Judge Bell is a member and past president of the American College of Trial Lawyers and a member of the American Law Institute. He graduated cum laude from Mercer University Law School.
King & Spalding LLP
191 Peachtree Street
Atlanta, GA 30303-1763
404-572-4879
www.kslaw.com
gbell@kslaw.com

Sheila L. Birnbaum, a partner in the New York office of Skadden, Arps, Slate, Meagher & Flom LLP, specializes in complex mass tort litigation, products liability, toxic torts and insurance law. She argued before the U.S. Supreme Court in spring of 2003 in the highly publicized State Farm v. Campbell case where she represented the insurer. The case received national attention when the Court upheld constitutional guidelines regarding punitive damages. In addition to her work as a defense attorney appearing in various appellate and other courts throughout the country, she was the associate dean of the graduate division and professor of law at New York University and professor of law at Fordham University. She was chair of the American Bar Association's Products, General Liability and the Consumer Law Committee of the Torts and Insurance Practice Section and was a member of the New York Governor's Advisory Commission on Liability Insurance. She is a member of the American Law Institute and earned her law degree at the New York University Law School.
Skadden, Arps, Slate, Meagher & Flom LLP
4 Times Square, New York, NY 10036
212-735-3000
www.skadden.com
SBIRNBAU@skadden.com

Theodore J. Boutrous, Jr. has a track record of tremendous success challenging excessive damage awards in high-profile cases. He is a partner in the Los Angeles office of Gibson, Dunn & Crutcher LLP and is Co-Chair of the s Appellate and Constitutional Law Practice Group and Media Law Practice Group. Ted was recently named by The American Lawyer as one of "45 under 45" rising stars of the private bar. The National Law Journal has commented that he has "achieved prominence as a leading voice in the tort [reform] movement." He has represented a wide array of major companies in fighting for civil justice reform in Congress, state legislatures, and state and federal courts around the country. He frequently writes and speaks on these issues and is a constant advocate for changes that will improve the fairness and rationality of our legal system. He received his law degree summa cum laude from the University of San Diego School of Law, where he was Valedictorian and Editor-in-Chief of the San Diego Law Review.
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
213-229-7804
www.gdclaw.com
tboutrous@gibsondunn.com

David W. Clark, a partner in the Jackson, Mississippi office of Bradley Arant Rose & White LLP, has over 29 years of experience representing primarily defendants in a broad range of complex commercial litigation in both federal and state courts, as well as in arbitration. As a member of the initial Board of Directors for Mississippians for Economic Progress (MFEP), Clark has worked tirelessly to pass tort reform measures in one of the country's most litigious states by helping draft legislation, participating in public debates with the plaintiffs bar, and providing testimony before legislative committees. Along with his work in MFEP, he also has worked as a director for STOP Lawsuit Abuse in Mississippi and has written a number of articles on the need for civil justice reform. An active member of the Mississippi Bar and the American Bar Association Section of Litigation, Clark is listed in Best Lawyers in America in the field of Business Litigation and has taught Federal Courts and Antitrust as an adjunct faculty member at the Mississippi College School of Law. He also is a member of the American Law Institute. Clark received his J.D. from the University of Michigan and his Masters from Harvard University.
Bradley Arant Rose & White LLP
188 E. Capitol Street
Suite 450
Jackson, MS 39201
601-948-8000
www.bradleyarant.com
dclark@bradleyarant.com

Named one of Michigan's leading litigators by Chambers USA in 2004, Elizabeth Hardy, a founding partner at Kienbaum Opperwall Hardy & Pelton, specializes in employment litigation, representing management interests and perspectives in all aspects of employment law. As a co-chair of the Judicial Selection Committee of the State Bar of Michigan, Hardy reviews the qualifications of candidates for judicial office and makes recommendations on judicial appointments. Hardy also has served on the screening committees appointed by President George W. Bush for judicial appointments to the Sixth Circuit Court of Appeals and federal district courts in Michigan. In addition to her work in judicial selections, Hardy served as a legislative assistant to U.S. Senators Robert P. Griffin of Michigan and Rudy Boschwitz of Minnesota. She also has been a member of the Wayne State Board of Governors since 1991, served as the Board's chair from 1995 to 1996, and headed its Presidential Selection Committee in 1997. Hardy frequently speaks at seminars around the country and appears on television as an expert on employment and civil rights issues. She received her J.D. from Wayne State University Law School where she was editor-in-chief of the Law Review.
Kienbaum, Opperwall Hardy & Pelton, PLC
325 S. Old Woodward Avenue
Birmingham, MI 48009
248-645-0000
www.kohp.com
ehardy@kohp.com

Peter W. Herzog III, a partner at Bryan Cave, has experience in state and federal trials and appeals, including product liability and complex commercial and class action litigation. He has litigated many class actions, multi-district proceedings and mass consolidations for clients such as DaimlerChrysler Corporation, McDonnell Douglas Corporation, UniGroup and W.R. Grace & Co. Herzog has defended numerous manufacturers including the producers of commercial and military aircraft, breast and chin implants, and swimming pool chlorinators. He also served as the lead counsel in the successful defense of a $10 million class action brought by the former depositors of a federal savings bank. He received both his B.A. and J.D. from Washington University.
Bryan Cave
One Metropolitan Square
211 North Broadway, Suite 3600
St. Louis, MO 63102
www.bryancave.com
pwherzog@bryancave.com

Elliot M. Kaplan has been a longtime and highly visible advocate of civil justice reform. He is a founding shareholder in Daniels & Kaplan, P. C. His writings on the need for federal and state reform have appeared in many publications, including The Wall Street Journal and the Kansas City Star. He has been a guest on radio and television and has taken his message to congressional committees and federal regulatory agencies. He has lectured at Oxford University in his practice area, crisis management, and strategies for nontraditional solutions to difficult legal issues. Highly respected for his ability to defend his international clientele against abusive lawsuits, Elliot received his J.D. from Whittier College School of Law and his M.B.A. from Whittier College. He is a member of the District of Columbia, Missouri, and American Bar Associations.
Daniels & Kaplan PC
2405 Grand Boulevard, Suite 900
Kansas City, MO
64108-2519
816-221-3000
ekaplan@danielsandkaplan.com
www.danielsandkaplan.com

Leah Lorber is Director, Public Policy - Civil Justice Reform in the Washington, DC office of GlaxoSmithKline. Formerly of counsel in the Washington, DC office of Shook, Hardy & Bacon LLP, Leah devoted her practice to advocating for fair and balanced civil justice reforms at the federal and state levels. As co-counsel to ATRA, she successfully directed efforts to thwart a high-profile fishing expedition into ATRA's membership and financial records, brought by plaintiffs' lawyers in the notorious "Judicial Hellhole" of Madison County, Illinois. As a lobbyist, she has worked to secure the enactment of federal civil liability protections in such laws as the Homeland Security Act, the Support Anti-terrorism by Fostering Effective Technologies Act (SAFETY Act), and the Teacher Liability Protection Act. Leah has presented the views of numerous amici curiae in important punitive damages and products liability cases before the U.S. Supreme Court and state courts of last resort, including State Farm v. Campbell and Key Pharmaceuticals Co. v. Edwards during the Supreme Court's October 2002 term. A former journalist, she has published her writings on legal reform matters in forums as diverse as the Harvard Journal on Legislation and www.overlawyered.com. She received her J.D. magna cum laude from the Indiana University-Bloomington School of Law, where she was Articles Editor for the Indiana Law Journal.
GlaxoSmithKline
1500 K Street NW
Suite 650
Washington, D.C. 20005
202.715.1014
leah.l.lorber@gsk.com
www.gsk.com

Matthew C. McDonald, a leader in the civil justice reform movement, is a partner with Miller Hamilton Snider & Odom. He has been especially active in the southeastern United States, both as general counsel of the Alabama Civil Justice Reform Committee, and as the widely recognized principal proponent of lawsuit reform laws passed in 1987 and 1999 in a region notorious for massive damage awards. Matt also worked closely on the successful Alabama Supreme Court races from 1994 through 2002 that saw the election of fair and balanced justices to that court. He is a graduate of Vanderbilt University and the University of Alabama, where he was a Hugo L. Black Scholar and M. Leigh Harrison Scholar. He also served on the editorial board of the Alabama Law Review, and is currently a member of the Mobile, Alabama, and American Bar Associations.
Miller Hamilton Snider & Odom LLC
254-256 State Street
Mobile, AL 36603
mcm@mhsolaw.com
www.mhsolaw.com

George N. Meros, Jr.. has dedicated the greater part of his legal career to promoting common-sense reforms in the civil justice system. A partner with Gray Robinson P.A. in its Tallahassee office, George served as Special Counsel to Florida's business community in passage of the 1999 Tort Reform Act, one of the most progressive reform measures in the country. He remains the business community's lead counsel in constitutional challenges to the 1999 Act. George played a central role in passage of Florida's 2003 Medical Malpractice Act and the Worker's Compensation Reform Act. He also drafted the Personal Responsibility in Food Consumption Act that was introduced in the 108th Congress. A frequent guest lecturer and author on legal reform issues, George practices constitutional and regulatory law at the trial and appellate level. He is a graduate of the University of Virginia School of Law.
Gray Robinson
301 South Bronough Street, Suite 600
Tallahassee, FL 32302
850-222-7717
www.gray-robinson.com
gmeros@gray-robinson.com

As a Texas State Representative serving House District 133 in Houston, Rep. Joe Nixon worked tirelessly in 2003 to pass House Bill 4, an historic piece of comprehensive tort reform legislation addressing many issues affecting the civil justice system. HB 4, enacted in 2003 will bring more balance to the Texas civil justice system and reduce litigation costs. For his efforts in passing the legislation, Nixon has been recognized by several tort reform advocacy groups, including Texans for Lawsuit Reform, which awarded him Legislator of the Year in 2003. Along with his work in the state legislature, Nixon is a shareholder at Phillips & Akers in Houston and has been admitted to practice in the Supreme Court of Texas, the United States District Courts of the Southern, Western and Eastern Districts of Texas, United States Court of Appeals for the Fifth Circuit, and the US Supreme Court. He is the only Board Certified Civil Trial Specialist in the Texas House of Representatives. Nixon received his J.D. from St. Mary's University School of Law.
Phillips & Akers
3400 Phoenix Tower
3200 South West Freeway
Houston, Texas 77027
713-877-2513
www.phillipsakers.com
Joe.Nixon@phillipsakers.com

Shannon H. Ratliff, sole owner and president of Ratliff Law Firm, P.LLC, has served as a lead counsel for Fortune 500 companies in a variety of statewide and nationwide class action and other complex litigation in which damage claims ranged from several actions and other complex litigation in which damage claims ranged from several hundred million to billions of dollars. In combination with his litigation practice, Ratliff has also represented clients before the Texas Legislature, most recently in connection with products liability and other tort reform issues. Ratliff has been an advocate for tort reform through various published articles and speeches, including a recent speech in 2003 at the Second Annual Energy Litigation Program. Ratliff is a member of the International Association of Defense Counsel, a fellow in the American College of Trial Lawyers and has been listed in The Best Lawyers in America since 1991. He is a distinguished alum of the University of Texas School of Law and was awarded the Ronald D. Secrest Outstanding Trial Lawyer Award by the Texas Bar Foundation. Ratliff earned his LL.B from the University of Texas where he was editor-in-chief of the Texas Law Review.
Ratliff Law Firm, PLLC
600 Congress Avenue
Suite 3100
Austin, TX 78701
512-493-9601
sratliff@ratlifflaw.com

Victor E. Schwartz is also a highly visible advocate of civil justice reform. A partner in the Washington office of Shook, Hardy & Bacon, he has been chairman of the Federal Inter-Agency Task Force on Product Liability and was a creator of the Uniform Product Liability Act and the Risk Retention Act. He currently chairs the American Bar Association's Product Liability Committee. A graduate of Boston University and Columbia Law School, he was professor and dean at the University of Cincinnati College of Law. He is a Distinguished Visiting Scholar at the College, and is a member of its Board of Visitors. He has testified numerous times before the U.S. Congress and State Legislatures. He is both general counsel to ATRA as well as the private sector chairman of the civil justice task force of the American Legislative Exchange Council, and serves on the Advisory Committee of the American Law Institute's Third Restatement of The Law of Torts project. He has been co-author of the nation's most widely used tort casebook, Prosser, Wade and Schwartz's Torts (10th edition, 2000), and is author of the leading text Comparative Negligence. He has also authored opinion pieces and articles in the nation's top papers, and has argued our case from small television and radio markets all the way to The Oprah Winfrey Show.
Shook Hardy & Bacon LLP
600 14^th Street, NW, Suite 800
Washington, DC 20005
202-783-8400
vschwartz@shb.com
www.shb.com

Phillip E. Stano, a partner with Jorden Burt LLP, is a leading advocate for the life and health insurance industry's tort reform efforts. As chief litigation counsel at the American Council of Life Insurers (ACLI) for 13 years, he filed over 200 briefs with the United States Supreme Court and other federal and state appellate courts addressing significant legal reform issues affecting life, health and property and casualty insurers. Stano organized and directed ACLI's national legislative and judicial reform efforts, achieving dramatic judicial reform in former Judicial Hellhole jurisdictions such as Alabama, while spearheading the drafting and adoption of a self-critical analysis privilege statute in several states. Since 1999, at Jorden Burt LLP, Stano has represented dozens of insurers in nationwide class actions in state and federal courts. He has published numerous influential articles on class action defense and the continued need for judicial and tort reform. Stano received his B.A. from the University of Alabama at Birmingham and his J.D. from the University of Alabama School of Law, where he served on the editorial board of the Law and Psychology Review.
Jorden Burt LLP
1025 Thomas Jefferson Street N.W.
Suite 400 East
Washington, DC 20007-5208
202-295-6502
www.jordenburt.com
pes@jordenusa.com

William L. Stern, a partner in Morrison & Foerster's Litigation Department, is the recognized authority on California's Unfair Competition Law, Business & Professions Code section 17200, having authored The Rutter Group's treatise as well as the amendment to section 17200, known as Proposition 64, which passed in 2004. Stern has served as a panelist and guest lecturer on numerous programs on section 17200, and has testified before the California Legislature on the need for tort reform. In addition to his legislative efforts to reform section 17200, Stern has extensive appellate experience with a particular emphasis on the defense of consumer class actions as well as "private Attorney General" actions brought under section 17200. He presented oral arguments before the California Supreme Court in Kraus v. Trinity Management Services, Inc. 23 Cal. 4th 116 (2000), an important case limiting "Private Attorney General" actions brought under section 17200. Stern is the author of hundreds of law review articles and other published papers involving such topics as securities, class actions, insurance and section 17200. He is the contributing editor to the Consumer Financial Services Law Report and was also listed as one of Northern California's "Super Lawyers" in 2004 by Super Lawyer Magazine. Stern received his B.A. from the University of Minnesota and his J.D. from Cornell Law School.
Morrison & Foerster
425 Market Street
San Francisco, California 94105-2482
415-268-7000
www.mofo.com
wstern@mofo.com

Keith A. Teel, a partner with Covington & Burling in Washington, D.C., devotes much of his practice to addressing litigation problems through legislation. Keith has directed efforts that resulted in the enactment of more than 30 civil justice reform measures throughout the United States, involving broad product liability and punitive damages reforms and narrower measures, such as laws establishing sensible limits on appeal bonds. He has testified before dozens of state legislatures, and chairs ATRA's Tort Reform Agenda Committee. In addition to his extensive involvement in civil justice reform and other federal and state legislation, Keith litigates tort and complex insurance disputes, and he is admitted to practice before the United States Patent and Trademark Office. He received his J.D. from the University of Virginia School of Law.
Covington & Burling
1201 Pennsylvania Avenue, NW
Washington, DC 20004-2401
202-662-5501
www.cov.com
KTeel@cov.com

Dick Thornburgh is known to most Americans as Attorney General of the United States under President George H.W. Bush. One of the highest-profile attorneys in America, Dick Thornburgh has spent his career at the crossroads of law, government, and legal reform. A graduate of Yale and the University of Pittsburgh School of Law, he has served on a number of corporate and non-profit boards over the years. He was twice elected governor of Pennsylvania, and served as director of the Institute for Politics at Harvard's John F. Kennedy School of Government. Dick has been a tireless advocate of civil justice reform, writing scores of articles and opinion pieces, appearing on countless radio and television interview shows, and lecturing across America. When top editors and producers need a voice for reform, they often go to Dick Thornburgh.
Kirkpatrick & Lockhart LLP
1800 Massachusetts Avenue, NW
Washington, DC 20036
202-778-9000
dthornburgh@kl.com
www.kl.com