Brendan M. Walsh

Member of the Firm
Phone Number: 
201.270.4948

Background

Brendan Walsh focuses his practice on complex civil litigation and appellate advocacy.  His experience extends across all stages of litigation, from the pleading stage through discovery, motion practice and, finally, trial.  Brendan has substantial appellate experience, having successfully handled appeals in the U.S. Courts of Appeals for the Second, Third, and D.C. Circuits, as well as the Appellate Division of the Superior Court of New Jersey.  He also has authored amicus briefs to a number of courts, including the Supreme Court of the United States, the Supreme Court of New Jersey, and the U.S. Courts of Appeals for the Third and Tenth Circuits.  

Brendan brings substantial business experience to his litigation practice.  Prior to attending law school, he worked as a certified public accountant at Deloitte & Touche where he provided audit and advisory services to a diverse group of clients around the world, including other accounting and consulting firms, manufacturers, retailers, and a professional sports franchise. Before arriving at Pashman Stein, Brendan was a litigation associate at Patton Boggs LLP.  He also clerked for Judge Maryanne Trump Barry of the U.S. Court of Appeals for the Third Circuit and Judge Katharine S. Hayden of the U.S. District Court for the District of New Jersey.

Representative Matters

  • Represented a developer and financer of solar energy projects in disputes in both the U.S. District Court for the District of New Jersey and the Superior Court of New Jersey arising from three municipal project financings for the design and construction of dozens of solar power electric generating facilities on government-owned properties in Morris, Somerset, and Sussex counties. Successfully obtained a judgment discharging more than $40 million in Municipal Mechanics’ Liens levied against public project funds and then secured an affirmance of that decision following an expedited appeal. Defeated multiple attempts to freeze tens of millions of dollars in proceeds from solar renewable energy certificates, section 1603 grants from the U.S. Department of the Treasury, and revenue derived from the sale of solar electricity.  Negotiated extremely complex global settlement agreements that resolved disputes with the engineering, procurement, and construction contractor, county improvement authorities, and county governments.

  • Represented one of the world’s largest banks in an action brought in the U.S. District Court for the Southern District of New York to recover an unpaid investment banking fee.  Negotiated a settlement following motion practice in which the court struck several of the adversary’s affirmative defenses and dismissed the adversary’s counterclaim against the firm’s client for breach of contract.

  • Represented major mattress retailer in a putative class action alleging violations of both the New Jersey Consumer Fraud Act and the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act. Negotiated a favorable class-wide settlement prior to resolution of the plaintiff’s motion for class certification.

  • Co-authored, and served as counsel of record for, an amicus brief filed in the Supreme Court of the United States on behalf of a group of eleven members of the U.S. Senate and four members of the U.S. House of Representatives in the most closely watched case of the 2013-2014 Supreme Court term.

  • Appointed by the U.S. Court of Appeals for the Third Circuit to serve as counsel for an inmate challenging the conditions of his confinement in a Delaware state prison.  Among other things, the suit challenges a prison policy that requires all isolation inmates to be strip searched every eight hours, regardless of whether they have any opportunity to obtain contraband.

Training

Trial Advocacy College at the University of Virginia School of Law, 2011

Accolades

  • Recognized as a New Jersey Rising Star for the 2013, 2014, 2015 and 2016 editions

  • Honored among the 2015 New Jersey Law Journal’s Leaders of the Bar

  • Patton Boggs LLP Power Player of the Year, 2010

Professional/Civic Activities

-Member, Ancient Order of Hibernians, Div. 9, Upper Montclair

-Board Member and Secretary, Alpine Learning Group

-Member, Seton Hall Law School’s Red Mass Committee

-Member, Volunteer Lawyers for Justice Generation Now Committee

Bar/Court Admissions

Supreme Court of the United States
New Jersey
New York
United States Court of Appeals, Second Circuit
United States Court of Appeals, Third Circuit
United States Court of Appeals, D.C. Circuits
United States District Court, District of New Jersey
United States District Court, Southern District of New York
United States District Court, Eastern District of New York

Education

University of Notre Dame
B.A., 2000
Seton Hall University School of Law
J.D., summa cum laude, Order of the Coif, 2006