Brad N. Garcia


Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice. No attorney-client relationship will exist between you or your business and O’Melveny or any of its attorneys unless conflicts have been cleared, our management has given its approval, and an engagement letter has been signed. Meanwhile, you agree: we have no duty to advise you or provide you with legal assistance; you will not divulge any confidences or send any confidential or sensitive information to our attorneys (we are not in a position to keep it confidential and might be required to convey it to our clients); and, you may not use this contact to attempt to disqualify O’Melveny from representing other clients adverse to you or your business. By clicking "accept" you acknowledge receipt and agree to all of the terms of this paragraph and our Disclaimer.


Brad Garcia focuses his practice on appellate and complex litigation matters. He has drafted numerous briefs in the US Supreme Court and state and federal appellate and trial courts. Brad has presented argument in more than a dozen appeals in federal and state appellate courts, including in the US Supreme Court, the First, Third, Fourth, Ninth, Eleventh, and Federal Circuits, and the California Court of Appeals and Maryland Court of Appeals. Brad has also argued multiple dispositive motions in trial court. He represents clients in a wide variety of matters, with a particular focus in patent and insurance law, but with experience spanning criminal law, class actions, ERISA, federal jurisdiction, product defect and liability, and other complex litigation matters.

Brad maintains an active pro bono practice, focusing on constitutional law as well as criminal and immigration-related matters. He also serves as a member of the Supreme Court and Appellate Advisory Board for the MacArthur Justice Center. He is the recipient of O’Melveny’s Warren Christopher Values Award, an honor bestowed on those who exemplify the Firm’s legacy of excellence, leadership, and citizenship.


Honors & Awards

  • Selected as one of The National Law Journal’s 2021 “DC Rising Stars”
  • Named an Appellate Fresh Face by Bloomberg Law (2021)
  • US Supreme Court victory for China Agritech named a National Impact Case by Benchmark Litigation California (2019)


Bar Admissions

  • District of Columbia
  • Maryland

Court Admissions

  • US District Court, District Of Columbia
  • US Court of Appeals, First, Second, Third, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, Eleventh, and Federal Circuits
  • US Supreme Court


  • Harvard University, J.D.: magna cum laude; Editor, Harvard Law Review
  • Johns Hopkins University, B.A., International Studies and Economics

Professional Activities


  • Honorable Elena Kagan, US Supreme Court
  • Honorable Thomas B. Griffith, US Court of Appeals, DC Circuit 

Board Member

  • MacArthur Justice Center Supreme Court & Appellate Advisory Board

Representative US Supreme Court Matters

  • United States v. Palomar-Santiago — Briefed and argued case on behalf of former lawful permanent resident concerning the scope of criminal liability under 18 U.S.C. § 1326.
  • New York State Rifle & Pistol Association v. City of New York — Contributed to merits brief and related filings on behalf of City of New York in significant Second Amendment case.
  • United States v. Sims — Co-authored merits brief in a criminal case concerning the scope of the Armed Career Criminal Act.
  • China Agritech v. Resh — Drafted merits briefs in the Supreme Court in important dispute concerning the scope of class action tolling under American Pipe.
  • Pereira v. Sessions — Authored amicus brief on behalf of the American Immigration Lawyers Association in case regarding the necessary contents of a “notice to appear” to trigger the stop-time rule for purposes of immigration proceedings.
  • Evenwel v. Abbott — Co-authored amicus brief on behalf of the NAACP Legal Defense Fund arguing that the one person, one vote doctrine requires counting total population when drawing electoral districts instead of only eligible voters.
  • Rucho v. Common Cause and Whitford v. Gill — Co-authored amicus briefs for the Brennan Center arguing that federal courts should adjudicate partisan gerrymandering challenges in two landmark Supreme Court cases.
  • June Medical Services LLC v. Russo — With co-counsel, the Center for Reproductive Rights, helped brief this reproductive-rights case and secured a 5-4 victory.

Press Releases

In the News

The National Law Journal: The 2021 NLJ Awards: Professional Excellence—DC Rising Stars

October 25, 2021

The Texas Lawbook: Another Patent Infringement Defense Verdict in Waco in Win for Google

October 8, 2021

Law360: BREAKING: Google Didn’t Infringe Digital Photo Frame Patent, Jury Says

October 6, 2021

Law360: Google Owes Nearly $3M Over Photo Frame Patent, Jury Told

October 4, 2021

The Intellectual Property Strategist: Federal Circuit Provides Guidance on IP Case Transfer Motions

September 2, 2021

The Recorder: Federal Circuit Continues to Clarify Venue Transfer Rules for IP Cases

August 18, 2021

Law360 Justices Question Broadening Reentry Paths For Deportees

April 28, 2021

Reuters Legal: Justices split over challenge to deportation in illegal reentry case

April 27, 2021

Bloomberg Law: Deported Green Card Holders in Tough Spot at High Court

April 27, 2021

Bloomberg Law: They’ve Got Next—Appellate Fresh Face Brad Garcia

March 24, 2021

Reuters: 1st Circuit Upholds Fidelity Win in Mutual Fund Fees Lawsuit

March 8, 2021

Law360: El Paso Looks To Send Border Wall Suit Straight To Justices

September 2, 2020