Brendan has significant experience in appellate litigation. He has prepared briefs in dozens of appeals in the Supreme Court of the United States, federal courts of appeals, and state supreme courts. He has presented oral argument in the Sixth, Eighth, and D.C. Circuits. His appellate experience spans a wide range of constitutional and statutory issues, including securities, antitrust, telecommunications, federal preemption, federal jurisdiction, foreign sovereign immunity, energy regulation, and intellectual property.
Brendan also provides pre-litigation counseling and strategic advice to clients on a wide range of issues, including antitrust, telecommunications, environmental, and corporate law, as well as questions of appellate strategy and Supreme Court practice.
From March 2015 to January 2017, Brendan served in the U.S. Treasury Department as Deputy General Counsel and, before that, Senior Counsel. At Treasury, Brendan oversaw legal advice on issues relating to housing finance, the Troubled Assets Relief Program, general and regulatory law, the Affordable Care Act, and tax policy. He also managed responses to congressional investigations and coordinated the defense of significant litigation matters arising from Treasury’s responses to the 2008 financial crisis and its implementation of the Affordable Care Act. Secretary Jacob J. Lew awarded Brendan the Treasury Department’s Distinguished Service Award in recognition of his contributions.
Law Clerk, Chief Judge Carolyn Dineen King, U.S. Court of Appeals, Fifth Circuit, 2003-2004
Deputy General Counsel, U.S. Department of the Treasury, 2016-2017
Senior Counsel, Office of the General Counsel, U.S. Department of the Treasury, 2015-2016
Bristow fellow, Office of the Solicitor General, U.S. Department of Justice, 2004-2005
Tips for Representing Consumers and Investors in the Supreme Court, 44 Litigation 2 (2018) (co-authored with David C. Frederick)