Common Issues and Best Practices Regarding Federal Subject Matter Jurisdiction and FRCP 12(b)(1) (Presented by The Federal Bar Association Judiciary Division’s Federal Judicial Law Clerk Committee (“FJLCC”))

Moderator, Constantine P. Economides, Founding Partner | Dynamis LLP

Constantine has wide-ranging litigation experience, with expertise in securities, cryptoasset, international, and class action litigation. Over the past fourteen years, he has represented litigants in some of the most notable fraud-based disputes in United States history.

As a former judicial clerk to Judge William P. Dimitrouleas of the United States District Court for the Southern District of Florida, Constantine assisted the Judge in adjudicating over 100 civil cases. Before founding Dynamis, Constantine was a partner in an elite litigation boutique and also worked with large national firms in New York and Florida on numerous matters involving securities, international, and class action litigation. He represented the Securities Investor Protection Corporation as part of the team that recovered over $11 billion on behalf of the victims of Bernard Madoff’s Ponzi scheme. He also recovered funds on behalf of investors defrauded by failed blood-testing company Theranos, Inc. and its infamous founder, Elizabeth Holmes.

Constantine currently represents an array of clients in complex domestic and international disputes involving cryptoassets, securities, and commercial contracts.

Additionally, Constantine recently became an arbitrator for Financial Industry Regulatory Authority, Inc. (“FINRA”), and in recognition of his work with securities litigation and class action litigation, he has been named a Rising Star by Super Lawyers Magazine for 2016 – 2022.

Constantine is the co-founder and co-chair of the Federal Bar Association’s Federal Judicial Law Clerk Committee, which is designed to marshal and provide professional opportunities for the national network of current and former federal judicial clerks.

Lou Mulligan, Dean | University of Missouri-Kansas City School of Law

Lumen “Lou” Mulligan joined the UMKC Law faculty in 2023 where he proudly serves as the dean and professor of law. A native Kansas Citian, Dean Mulligan is an award-winning classroom instructor, teaching doctrinal and simulation courses as well as supervising clinics. He is also a prolific scholar. He has authored, or co-authored, five books and treatises and numerous articles, focusing on civil procedure. Indeed, the state and federal courts cited Dean Mulligan’s writings more than 80 times in 2022 alone, and he was awarded the 2017 Civil Procedure Article of the Year by the American Association of Law Schools. Before taking on the decanal role at UMKC, Dean Mulligan held numerous administrative posts at other institutions, including interim vice provost for faculty affairs, associate dean for faculty, and center director.

Dean Mulligan’s legal experience includes co-founding Stowell & Mulligan, P.A., working as a litigation associate attorney at a large Kansas City-based law firm, and serving as a judicial clerk on the United States Tenth Circuit Court of Appeals. Prior to joining UMKC School of Law, Dean Mulligan maintained a small practice representing clients in state and federal courts during his time in the academy.

In addition to his roles in the academy and in legal practice, Dean Mulligan serves as a senior fellow at the Rodel Leadership Institute – Judicial Project, a research fellow for the Council on Criminal Justice – Veterans Initiative, a member of the Kansas Judicial Council – Civil Rules Advisory Committee, and as a leader in other non-partisan organizations.

Dean Mulligan earned his J.D. (magna cum laude, Order of the Coif), from the University of Michigan Law School. He holds an M.A. in philosophy from the University of Colorado and a B.A. with honors from the University of Kansas. Prior to UMKC School of Law, Dean Mulligan was on faculty at the University of Kansas Law School, Michigan State University College of Law, and the University of Michigan School of Business.

Kim Brown Eve, Career Law Clerk

Judge Paul G. Levenson , Magistrate | United States District Court

Magistrate Judge Paul G. Levenson began his service to the United States District Court for the District of Massachusetts in June 2022.

He began his legal career as a clerk for Judge Stanley A. Weigel of the United States District Court for the Northern District of California. Thereafter he worked as an associate at law firms in Washington, D.C., and New York City.

In 1989, he joined the United States Attorney’s Office for the District of Massachusetts, where he served for over 24 years. There he started in the Civil Division and later moved to the Criminal Division, working primarily in the Economic Crimes Unit and the Public Corruption Unit. He was Chief of the Economic Crimes Unit from 2007 to 2013.

From 2013 to 2022, Magistrate Judge Levenson was Director of the Boston Regional Office of the United States Securities and Exchange Commission.

Magistrate Judge Levenson grew up in Minneapolis, Minnesota, and Albemarle County, Virginia. He graduated magna cum laude from Harvard College with a degree in Social Studies, and graduated magna cum laude from Harvard Law School. In law school he was an editor of the Harvard Law Review and was head teaching fellow for Professor Archibald Cox.

I. Standing, mootness, and ripeness | 12:00pm – 12:15pm

II. Federal question jurisdiction and Rule 12(b)(1) defined and assessed | 12:15pm – 12:25pm

III. Diversity jurisdiction defined and assessed; Special issues re LLCs / entities | 12:25pm – 12:40pm

IV. Removal, Remand, Abstention | 12:40pm – 12:50pm

V. Resources and Q&A | 12:50pm – 1:00pm