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Brendan M. Walsh

Partner

Background

Brendan Walsh focuses his practice on complex civil litigation and white collar criminal defense. He is a seasoned litigator who prides himself on working hard and thinking creatively to protect his clients’ interests. In addition to his trial work, 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 appellate 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 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 PSWH, 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.

In 2015, the New Jersey Law Journal recognized Brendan as a “New Leader of the Bar” (formerly “Forty Under 40”). Brendan was also recognized as a New Jersey Rising Star in the 2013-2017 editions of Super Lawyers.

Brendan is currently the President of the Board of Directors of Alpine Learning Group, New Jersey’s preeminent autism center.

Representative Matters

  • Obtained not guilty verdicts on all charges in a vehicular homicide case arising out of a fatal accident in the Lincoln Tunnel in which the evidence demonstrated that the client’s car was traveling at 91 mph at the moment of the crash. The jury accepted the client’s defense that he suffered a serious medical episode inside the tunnel that rendered him unconscious in the moments leading up to the accident.
  • Defending two Puerto Rico-based Medicare Advantage health insurance plans in a putative class arbitration concerning the alleged underpayment of physicians who provided treatment to members of the plans.
  • Defending cardiology group and individual cardiologists in a business tort case brought against them by a specialty hospital asserting claims of tortious interference and unfair competition relating to the group’s referral practices.
  • 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.
  • Successfully represented an inmate on an appeal to the U.S. Court of Appeals for the Third Circuit in a suit challenging, among other things, a prison policy that required all isolation inmates to be strip searched every eight hours, regardless of whether they had any opportunity to obtain contraband. In a precedential decision, the unanimous panel held that “the particular search policy . . . is not reasonably related to [the prison’s] legitimate interests in detecting and deterring contraband, particularly given the significant intrusiveness of the thrice-daily visual body-cavity searches.

Professional/Civic Activities

  • Board President, Alpine Learning Group
  • Member, Ancient Order of Hibernians, Div. 9, Upper Montclair
  • Member, Seton Hall Law School’s Red Mass Committee

Bar/Court Admissions

  • New Jersey
  • New York
  • Supreme Court of the United States
  • 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

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

Training

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

Accolades

  • Included in the New Jersey Rising Star list for the 2013-17 editions
  • Selected for the 2015 New Jersey Law Journal’s Leaders of the Bar list
  • Patton Boggs LLP Power Player of the Year, 2010

The New Jersey Rising Star list is issued by Thomson Reuters. A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process.html.
The New Leaders of the Bar list is published by the New Jersey Law Journal. A description of the selection methodology can be found at http://www.njlawjournal.com/id=1202728835571/Announcing-the-2015-New-Leaders-of-the-Bar.

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