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Theodore H. “Ted” Frank

Bar Membership: Illinois (1994), D.C. (1996), and California (1998)


Resident Fellow, American Enterprise Institute for Public Policy Research, Washington, DC     2005-2009

Director, AEI Legal Center for the Public Interest                                                                                            2007-2008
Director, AEI Liability Project                                                                                                                                  2005-2007

·         Run legal studies program at leading free-market think-tank.

·         Testify before Congress multiple times on civil justice issues and securities law.

·         Interface with general counsels and top attorneys in working on civil justice reform issues.

·         Informally advise several presidential candidates’ policy teams, White House, and legislative staff.

·         Write op-eds for among others, Wall Street Journal, Washington Post, National Review Online, and American Spectator, as well as law review articles and internal AEI publications on civil justice issues.

·         Called “a leading tort reform advocate” by the Wall Street Journal; regularly quoted in Wall Street Journal, New York Times, and numerous other newspapers and magazines on civil justice issues.


Counsel, O’Melveny & Myers, Washington, DC                                                                                              2001-2005

·         Lead successful antitrust defense in leading multi-district litigation over the intersection of exercise of intellectual property rights and antitrust law.  (In re Gemstar Development Corp., MDL-1274 (N.D. Ga.))

·         Coordinate and supervise brief-writing teams across nation as part of Vioxx product liability defense.

·         Write briefs in successful defense of California gubernatorial recall election against ACLU challenge.

·         Successfully lead teams in class action defense in state and federal courts, including arguing motions in court.


Associate, Irell & Manella, Los Angeles, CA                                                                                                      1997-2001

·         Successfully argue bet-the-company litigation before Ninth Circuit Court of Appeals over intra-governmental Department of Justice dispute over scope of another agency’s regulatory authority to preempt federal criminal law; other side argued by Clinton-appointed United States Attorney for Northern District of Oklahoma. Lead successful litigation for summary judgment at lower-court level, working directly with CEO and general counsel.

·         Lead successful patent litigation team in bet-the-company litigation for plaintiff start-up company, working directly with CEO and general counsel to achieve favorable settlements.


Associate, Kirkland & Ellis, Washington, DC                                                                                                    1995-1997

·         Lead successful team in multi-million dollar litigation before Surface Transportation Board.


Judicial Clerk, Judge Frank H. Easterbrook                                                                                                        1994-1995
United States Court of Appeals for the Seventh Circuit, Chicago, IL


The University of Chicago Law School, Chicago, IL, J.D. with High Honors, June 1994

    • Order of the Coif, University of Chicago Law Review
    • Public Service Scholarship and Olin Student Fellowship in Law and Economics
    • GPA of 80.13 (top five percent)


Brandeis University, Waltham, MA, B.A., summa cum laude in Economics, May 1991 (full scholarship)


    • Elected member of American Law Institute, 2008
    • Executive Committee, Federalist Society, Litigation Practice Group, 2007 – present