Brad N. Garcia

Counsel

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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 nine appeals in federal and state appellate courts, including the Third, Fourth, Ninth and Eleventh Circuits, California Court of Appeals, and Maryland Court of Appeals, and 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.

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Honors & Awards

  • US Supreme Court victory for China Agritech named a National Impact Case by Benchmark Litigation California (2019)

Admissions

Bar Admissions

  • District of Columbia
  • Maryland

Court Admissions

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

Education

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

Professional Activities

Clerkships

  • 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

  • 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.
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