Brendan J. Begley

Certified Appellate Law Specialist


Sacramento

916.558.6024

Brendan is a shareholder who spearheads the Firm’s Appeals and Writs group and is a member of the Firm’s litigation, Labor & Employment, 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 appellate courts, from the California Court of Appeal to the U.S. Supreme Court.

At Brendan’s behest, appellate panels have 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 prepare briefs and making or opposing petitions for further review. As a judicial clerk for both state and federal appellate courts, he has literally reviewed and analyzed 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 nationwide firm 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 appellate law and best employment practices. He is admitted to the State Bar of California and practices before all courts in California. He is also admitted to practice U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court. Before law school, Brendan worked as a newspaper reporter for The Sacramento Daily Recorder and 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.


Published Opinions

  • Re Marriage of Carlisle (2021) 60 Cal.App.5th 244
    Persuaded the state appellate court to affirm the trial court’s decision to renew a domestic-violence restraining order because trial courts have jurisdiction to renew such orders while an appeal from the initial order is pending.
  • Miller v. Fortune Commercial Corp. (2017) 15 Cal. App.5th 214
    Persuaded the state appellate court to affirm the trial court’s summary judgment and clarify when the Unruh Civil Rights Act, the Americans with Disabilities Act, and related regulations require grocery stores (and other places of public accommodation) to allow patrons to be accompanied by a service animal.
  • Barboza v. Cal. Assn. of Prof’l Firefighters (9th Cir. 2015) 782 F.3d 1072, amended at 799 F.3d 1257 Persuaded the federal appellate court to reject the amicus position of the United States Department of Labor and reverse the federal district court’s summary judgment in favor of the plaintiff because the defendant ERISA plan properly held assets in trust under 29 U.S.C. § 1103 and was exempt from the summary-annual-report requirement under 29 C.F.R. § 2520.104b-10(a).
  • Morning Star Packing Co., LP v. United States Dist. Court, E. Dist. of Cal. (9th Cir. 2013) 711 F.3d 1142 Persuaded the federal appellate court to issue a writ of mandamus directing the federal district court to reverse its decision denying a bribery-scheme victim restitution under the Mandatory Victim Restitution Act.
  • Vergos v. McNeal (2007) 146 Cal.App.4th 1387
    Persuaded the state appellate court to reverse the trial court’s decision to deny the defendant’s anti-SLAPP motion to strike the plaintiff’s meritless claim in a sexual harassment lawsuit because the challenged claim arose from protected activity, and there was no evidence to show that it had a likelihood of success.
  • United Services Automobile Assn. v. Pegos (2003) 107 Cal. App.4th 392
    Persuaded the state appellate court to reverse the trial court’s summary judgment in favor of an insurer because there was a triable issue of fact as to whether the insurer had conducted a reasonable investigation before it rescinded an insured’s policy.

Sacramento County Bar Association Appellate Practice Section
Media Relations Officer and Board Member (2012-present)

Sacramento County Bar Association, Appellate Practice Section
President (2009-2012, 2020-present)

Sacramento County Bar Association, Appellate Practice Section
Member (2007-2009)

Anthony M. Kennedy American Inn of Court
Member (2005-2008)

Center for Youth Citizenship’s High School Moot Court Competitions
Coach and Judge (2004-2009)

Meritas, Sacramento
Member

Awards

Sacramento Magazine’s Top Lawyers List, 2015-2018, 2021, 2022 – Appellate

Northern California Super Lawyers, Appellate Law, 2013-2021

Sacramento Business Journal’s, Best of the Bar, 2018

J.D., with honors, University of California, Davis, King Hall School of Law, 1998

B.A., cum laude, California State University, Sacramento, 1992

Webinar: Employment Law Update 2022

On January 12, 2022, attorneys Lizbeth V. West, James Kachmar, Meagan D. Bainbridge, Brendan Begley, and Ryan Abernethy presented part two of a webinar discussing important legal developments from 2021 and reviewing a number of new laws and case law developments impacting employers in 2022. Employment Law Update (Part 2)…

  • When: Jan 12, 2022
  • Where: Webinar

Virtual Training: Mandatory Sexual Harassment Prevention Training: Engaging and Effective Training for Non-Supervisors and/or Supervisors

The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for non-supervisors and supervisors require that employers having five or more employees provide at least two hours of classroom or interactive training and at least one hour of classroom or interactive training and education to nonsupervisory employees within six months of…

  • When: Jun 10, 2021
  • Where: Virtual Training

WEBINAR: Employment Law Update 2020/2021 – Part I & Part II

Summary of Program Our Labor & Employment Group presents our annual Employment Law Update where they discuss important legal developments from 2020 and review a number of new employment laws and relevant court cases impacting employers in 2021 Program Highlights – Part 1 of 2 This part will focus on:…

  • When: Jan 6, 2021
  • Where: Webinar

Webinar: Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19

On June 17, 2020, employment attorneys Brendan Begley and Shauna Correia recorded this webinar discussing the different kinds of employment-related lawsuits that business owners may face as businesses reopen and employees return to work, including disability claims, wrongful termination claims, leave claims, and discrimination claims. They provided examples of personnel…

  • When: Jun 17, 2020
  • Where: Webinar

Employment Law 2019/2020 – A Year in Review; A Year Ahead (San Francisco)

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020. Program Highlights New Federal and State Legislation and Court CasesChanges to the Law Governing Classification of Independent ContractorsDevelopments in…

  • When: Jan 31, 2020
  • Where: 301 Battery Street, 3rd Floor | San Francisco, CA 94111

Employment Law 2019/2020 – A Year in Review; A Year Ahead

Due to high demand, we have scheduled this second session to accommodate additional attendees. Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020. Program Highlights New Federal and…

  • When: Jan 9, 2020
  • Where: Weintraub Tobin Office

Employment Law 2019/2020 – A Year in Review; A Year Ahead

Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss legal developments from 2019 and review a number of new laws facing employers in 2020. Program Highlights New Federal and State Legislation and Court CasesChanges to the Law Governing Classification of Independent ContractorsDevelopments in…

  • When: Jan 8, 2020
  • Where: Weintraub Tobin Office

Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training

Mandatory AB 1825 Sexual Harassment Prevention Training The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin is offering a two hour in-person training session that will comply with…

  • When: May 9, 2019

Brendan Begley Presents at Employment Litigation 2019

Brendan Begley will be speaking at The Rutter Group and the California Judges Association’s Employment Litigation 2019: Facing Workplace Realities in Divisive Times on Saturday, February 23, 2019 at Hilton Los Angeles/Universal City. Highlights include Sexual Harassment and Retaliation, Wage and Hour, PAGA, New California Rules of Professional Conduct (eff.…

  • When: Feb 23, 2019

2019 Employment Law Update in San Francisco

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights:• New Federal and State Legislation and Court Cases• Developments in Harassment, Discrimination and Retaliation Law• Leaves of Absence and…

  • When: Jan 23, 2019

2019 Employment Law Update – Sacramento

  Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights:• New Federal and State Legislation and Court Cases• Developments in Harassment, Discrimination and Retaliation Law• Leaves of Absence…

  • When: Jan 8-10, 2019
  • Where: Weintraub Tobin Office

Sands Through the Hour Glass: Wage and Hour Update

Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. In addition, the ever increasing number of claims filed with the Department of…

  • When: Apr 14, 2016
  • Where: Weintraub Tobin

35 Weintraub Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars Lists; Firm Retains Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition, 4 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 16 percent…

WT Wins: Published Opinion Protects Survivors of Domestic Violence

Weintraub attorney Brendan J. Begley recently convinced the California Court of Appeal that a person who obtains a Domestic-Violence Restraining Order (“DVRO”) against an abusive person can have a trial court renew that order once it is about to expire even if the restrained person’s appeal from the original DVRO…

33 Weintraub Tobin Attorneys Named to 2020 Northern California Super Lawyers and Rising Stars Lists; Retain Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 33 Weintraub Tobin attorneys have been included on the 2020 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition, 5 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 20 percent of…

37 Weintraub Tobin Attorneys Named Among 2018 Super Lawyers and Rising Stars

Super Lawyers has released its Northern California, Southern California and San Diego lists of outstanding attorneys for 2018, on which 37 Weintraub Tobin attorneys have been included. Five Weintraub Tobin attorneys received special recognition as a Top 25 Sacramento Super Lawyer. Weintraub Tobin attorneys named to the 2018 Southern California…

The Spread of Employee Lawsuits Related to COVID-19 May Be Widening, But Treatments and Cures May Exist

A blog we published here on May 28, 2020, correctly noted that California’s workers-compensation laws may immunize employers from most civil lawsuits alleging that employees became infected with the coronavirus on the job.  That blog also correctly emphasized that other types of lawsuits may spread from lax pandemic protocols.  This week the…

Don’t Delete Your Lyft or Uber Apps Before October 2020, and Maybe Not Until May 2021; Appellate Court Grants Short Stay of Order Regarding Misclassification of Drivers

A ruling today by an appellate court gives ride-sharing companies Lyft and Uber roughly two more months to treat their drivers in California as independent contractors.  That ruling follows a recent decision by a trial court in San Francisco that made national news by concluding that those companies had been…

California Employers Likely Immune To Employee COVID-19 Lawsuits, But More Susceptible To COVID-19 Workers-Compensation Claims

Recent news reports, like this one from the Los Angeles Times, indicate that Congress is hotly debating a proposed law to immunize employers from lawsuits alleging that their workers contracted COVID-19 illness on the job.  While business owners in California may suffer headaches or congestion from other types of lawsuits related to…