Brad N. Garcia

Counsel

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Brad Garcia focuses his practice on handling appeals and complex litigation matters. He has argued in multiple federal and state appellate courts. Brad has also drafted numerous briefs in the U.S. Supreme Court and state and federal appellate and trial courts on a wide range of subjects. Brad represents clients in a wide variety of matters, including criminal law, class actions, ERISA, federal jurisdiction, intellectual property, insurance, product defect and liability, and other complex litigation matters. Brad also maintains an active pro bono practice, focusing on constitutional law as well as criminal and immigration-related matters. Brad 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.

Prior to joining O’Melveny, Brad was a law clerk for Associate Justice Elena Kagan on the US Supreme Court, and the Honorable Thomas B. Griffith on the US Court of Appeals, DC Circuit.

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, District of Columbia, 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
  • China Agritech v. Resh — Drafted merits briefs in the Supreme Court in important dispute concerning the scope of class action tolling under American Pipe.
  • Argued and prevailed in the U.S. Court of Appeals for the Eleventh Circuit in an appeal addressing the application of a Florida statute to misrepresentations in applications for insurance.
  • Successfully argued in the California Court of Appeals in a case addressing subject matter jurisdiction.
  • Successfully briefed and argued three cases in the U.S. Court of Appeals for the Fourth Circuit, involving the federal Armed Career Criminal Act, the Sixth Amendment right to counsel, and the Sex Offender Registration and Notification Act.
  • Presented argument in the Maryland Court of Appeals, Maryland’s highest court.
  • Drafted all motions during and after trial, and contributed to trial strategy, in a dispute involving US$25 million of potential liability.
  • Served as the primary brief drafter in numerous other appeals in state appellate courts, U.S. Courts of Appeals, and the United States Supreme Court.

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