I am an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization and I spearhead my firm’s Appeals and Writs group. I am also a member of my firm’s labor and employment, litigation, and trust, probate and elder-abuse litigation groups.
I have handled appeals and writs in civil-rights, commercial-litigation, employment, ERISA, family-law, personal-injury, probate and trust cases. I have briefed and orally argued writs and appeals before all manner of appellate courts, from the California Court of Appeal to the U.S. Supreme Court. I have also successfully settled multiple cases in appellate mediation.
In the course of those engagements, I have developed experience in all aspects of 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, I have reviewed and analyzed literally hundreds of appellate and amicus briefs. As a practitioner, I have handled over fifty different cases as lead appellate counsel.
In litigation, I have 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 jury trials to successful verdicts.
Before joining Weintraub Tobin in 2010, I worked for a large nation-wide firm that focused on labor and employment litigation. While there, I worked on appeals and 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.
I have delivered numerous public presentations to lawyers, executives, managers, and supervisors on the topics of appellate law and best employment practices. I am admitted to the State Bar of California, and I practice before all courts in the State of California. I am also admitted to practice U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.
Prior to law school, I worked as a newspaper reporter for The Sacramento Daily Recorder and as a correspondent to other Daily Journal publications. While in Law School, I worked as a law clerk at the U.S. Attorney’s Office for the District of Hawaii.
I graduated from the University of California at Davis, King Hall School of Law, with honors. Before transferring there, I attended the University of the Pacific McGeorge School of Law. My academic ranking at McGeorge Pacific resulted in my admission to the Roger J. Traynor Honor Society.
Any testimonial or endorsement on this website or profile does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
My brother and I worked on a complex federal Appeal with the 9th circuit court of appeals with Brendan in which he gave us directions and support. He had tremendous amount of knowledge in this area of the law, easy to work with a very responsive to all of our questions and inquiries. I highly recommend Brendan for any future appellate or civil litigation work.
Chris Jafari Litigation Attorney
Relationship: Worked together on matter
Brendan is a smart and talented appellate lawyer. I have referred appellate matters to him in the past and will continue to do so in the future. His approach to appeals is focused first and foremost on getting the client the best result in light of their unique circumstances. In many cases, this means working hard to put a difficult case into mediation in order to obtain a good settlement for the client. In other cases, it may mean pursuing the matter to a decision by the court. In any event, I trust that Brendan will always provide skillful, thoughtful, and effective appellate representation for the litigants that I refer to him. I recommend him highly.
Randall Nelson Construction & Development Attorney
Relationship: Worked together on matter
|Award Name||Grantor||Date Granted|
|Appellate Law Specialist||Appellate Law Specialist certified by The State Bar of California Board of Legal Specialization||2008|
|Dean's List Award||National Dean's List||1998|
|Roger J. Traynor Honor Society||University of the Pacific, McGeorge School of Law||1996|
|Senior Associate||Jackson Lewis||2006 - 2010|
|Senior Associate||Porter Scott, A Professional Corporation||2004 - 2006|
|Judicial Clerk to the Hon. Consuelo Callahan||U.S. Court Of Appeals Ninth Circuit||2003 - 2004|
|Associate||Porter, Scott, Weiberg & Delehant, A Professional Corporation||2000 - 2003|
|Associate||Schachter Kristoff Orenstein & Berkowitz||1999 - 2000|
|Judicial Clerk to the Hon. John M. Gerrard||Supreme Court Of Nebraska||1998 - 1999|
|Association Name||Position Name||Duration|
|Sacramento County Bar Association, Appellate Law Section||Former President||2009 - 2012|
|Anthony M. Kennedy American Inn of Court||Member||2004 - 2007|
|Elk Grove Unified School District v. Newdow, 540 U.S. 945 (2003)||The U.S. Supreme Court granted the petition for a writ of certiorari that I prepared and thereafter overturned the Ninth Circuit's judgment.|
|In Re Morning Star Packing Co., LP v. United States District Court, 711 F.3d 1142 (9th Cir. 2013)||The Ninth Circuit remanded the matter to the district court to hold the hearing requested by my client.|
|United Services Automobile Assn. v. Pegos, 107 Cal. App. 4th 392 (2003)||The Court of Appeal issued a published opinion reversing the summary judgment, and the California Supreme Court denied my opponent's petition for review.|
|See all Legal Cases|
|The Rutter Group California Practice Guide: Employment Litigation||Senior Contributing Editor||2013|
|Sacramento Lawyer||Lawyer Lore||2013|
|Sacramento Lawyer||Appellate Law Section Hosts 8th Annual Wine and Cheese Reception||2013|
|The Labor and Employment Law Blog||The Value and Risks of Severance and Release Agreements||2013|
|The Labor and Employment Law Blog||Which Way To Go On The Interactive Process?||2013|
|The Labor and Employment Law Blog||See’s Candy Decision a Halloween Treat for Rounding Punch Times||2012|
|The Labor and Employment Law Blog||New Law Requires Rethinking Dress Codes and Religious Accommodations for Employees||2012|
|Sacramento Lawyer||Appellate Law Section's U.S. Supreme Court Year-in-Review||2011|
|Sacramento Lawyer||Chief Justice Overwhelmed by Outpouring of Support||2011|
|UC Davis SOL King Hall||Law||N/A||1998|
|California St Univ Sacramento||Government and Journalism||N/A||1992|
|Understanding SLAPPs: Process and Procedure from Initiation through Appeal||Anti-SLAPP Motions||2011|