Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization
U.S. Supreme Court
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, Central District of California
U.S. District Court, Eastern District of California
U.S. District Court, Northern District of California
U.S. District Court, Southern District of California
Brendan is a shareholder who spearheads the firm’s Appeals and Writs group and is a member of the firm’s litigation, labor and employment, and trust, probate and elder-abuse litigation groups. He is an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization.
In litigation, Brendan has worked on class actions and managed entire cases, including conducting witness interviews, preparing and responding to written discovery, arguing related motions, taking and defending scores of depositions, prevailing on numerous anti-SLAPP and dispositive motions, mediating many cases, and second-chairing trials to successful verdicts. At the appellate stage, he has handled both briefing and oral argument before all manner of appellate courts, from the California Court of Appeal to the U.S. Supreme Court. At Brendan’s behest, appellate panels have both reversed lower court decisions in various cases (including five that resulted in published opinions), and upheld rulings issued by lower tribunals. The U.S. Supreme Court granted Brendan’s petition for a writ of certiorari that led to the high court hearing and resolving (in favor of Brendan’s client) the famous “Pledge of Allegiance” case in Elk Grove Unified School District v. Newdow, 540 U.S. 945 (2003).
Brendan has experience in all aspects of civil writs and appeals, from filing the notice of appeal and designating the record, to preparing briefs and making or opposing petitions for further review. As judicial clerk for both state and federal appellate courts, he has reviewed and analyzed literally hundreds of appellate and amicus briefs. As a practitioner, he has handled over seventy different cases as lead appellate counsel.
Before joining Weintraub Tobin in 2010, Brendan worked for a large nation-wide firm that focused on labor and employment litigation. While there, Brendan worked on wage-and-hour and meal-and-rest-period class actions and collective actions, as well as single-plaintiff and multiple-plaintiff cases alleging wrongful-termination, discrimination, harassment, retaliation, defamation, infliction of emotional distress, and denial of leave entitlements and/or disability accommodations.
Since joining Weintraub Tobin, Brendan has handled numerous appeals in various practice areas, including family law, trusts and probate litigation, employment law, ERISA litigation, anti-SLAPP litigation, commercial litigation, civil-rights law and personal-injury litigation.
Brendan has delivered numerous public presentations to lawyers, executives, managers, and supervisors on the topics of appellate law and best employment practices. He is admitted to the State Bar of California, and practices before all courts in the State of California. He is also admitted to practice U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.
Prior to law school, Brendan worked as a newspaper reporter for The Sacramento Daily Recorder and as a correspondent for other Daily Journal publications. While in law school, he worked as a law clerk at the U.S. Attorney’s Office for the District of Hawaii. After law school, he served as a judicial clerk to the Hon. John M. Gerrard, then Associate Justice of the Nebraska Supreme Court, and later as a judicial clerk to the Hon. Connie M. Callahan, Circuit Judge for the U.S. Court of Appeals for the Ninth Circuit.
Brendan received his Bachelor of Arts degree, cum laude, from the California State University at Sacramento, and his Juris Doctor degree (with honors) from the University of California at Davis, where he was a law-review writer. He also attended the University of the Pacific McGeorge School of Law where his academic ranking won him admission to the Roger J. Traynor Honor Society. Brendan is a past member of the Anthony M. Kennedy American Inn of Court and past President of the Sacramento County Bar Association’s Appellate Section.
J.D., with honors, University of California, Davis, King Hall School of Law, 1998
B.A., cum laude, California State University, Sacramento, 1992
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Sacramento County Bar Association Appellate Practice Section
Media Relations Officer and Board Member (2012-present)
Sacramento County Bar Association, Appellate Practice Section
Sacramento County Bar Association, Appellate Practice Section
Anthony M. Kennedy American Inn of Court
Center for Youth Citizenship’s High School Moot Court Competitions
Coach and Judge (2004-2009)
Sacramento Magazine’s Top Lawyers List, 2015-2018 – Appellate
Northern California Super Lawyers, Appellate Law, 2013-2019
Sacramento Business Journal’s, Best of the Bar, 2018