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Brendan Kearney focuses his practice on complex litigation, government and internal investigations, and data privacy and security issues. Brendan also maintains an active pro bono practice, typically involving immigration and child welfare issues. In 2023, he argued a consolidated criminal appeal before the D.C. Court of Appeals and a motion to dismiss in the U.S. District Court for the District of Columbia.
Before joining the firm, Brendan clerked for the Honorable George L. Russell III of the U.S. District Court for the District of Maryland. Prior to law school, Brendan reported on Baltimore's state and federal courts for The Daily Record and on business and technology in Charleston, S.C. for The Post and Courier.
Experience
- Representing a Midwestern health system and a consumer website in putative class action litigation related to use of the Meta Pixel.
- Representing a cosmetics company in a putative consumer class action.
- Conducts data privacy, anti-corruption, antitrust, and litigation-related diligence and risk analysis for corporate and private equity clients.
- Counsels clients on compliance with data protection and privacy obligations and assists them through data breaches.
- Writing indemnification demand letters on behalf of clients whose vendors suffer data security incidents.
- Successfully appealed insurer’s improper denial of drug coverage to the U.S. Office of Personnel Management.
- Responded to state attorneys general inquiries into investment firms’ consideration of ESG factors.
- Represented a global pharmaceutical manufacturer in litigation related to the scope of the Anti-Kickback Statute.
- Represented an online retailer and a health care system in data breach class action litigations.
- Investigated allegations of employee theft for a business intelligence company and for an asset management firm.
- Assisted a pharmaceutical manufacturer in developing its compliance program.
- Secured domain names for asset management and health care clients via the WIPO and Nominet complaint processes.
- Advised during FTC review of hospital and pharmaceutical mergers.
- Representing asylum applicants, one through appeal in the federal court system and another involving an FTCA administrative claim. [Pro Bono]
- Representing kinship caregivers in civil rights litigation against the District of Columbia and its child and family services agency. [Pro Bono]
- Pursuing appeals on behalf of a D.C. man convicted of murder. [Pro Bono]