Brendan Kearney focuses his practice on complex litigation, government and internal investigations, and data privacy and security issues. His litigation experience ranges from class action defense to administrative law challenges in federal appellate courts, which has informed his evaluation of litigation and other risks in various diligence contexts. Brendan has contributed to investigations concerning ESG practices and employee misconduct, and his data-related matters have included litigation, incident response, and compliance counseling.
Brendan also maintains an active pro bono practice, typically involving immigration and child welfare issues. In recent years, he has argued a criminal appeal in state court and examined and cross-examined witnesses in federal court.
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
Administrative Litigation and Appeals
- Representing leading pharmaceutical manufacturer in litigation regarding the scope of the Anti-Kickback Statute (AKS) pending in federal circuit court.
- Represented leading pharmaceutical manufacturer in litigation regarding the scope of the AKS through a petition to the U.S. Supreme Court.
- Represented Japanese steel company in constitutional litigation against the President and the Committee on Foreign Investment in the United States (CFIUS) for blocking the acquisition of a U.S. steel company.
- Appealed insurer’s improper denial of drug coverage to the U.S. Office of Personnel Management.
- Represented asylum applicant through appeals, including a petition to the U.S. Supreme Court. [Pro Bono]
- Argued appeal on behalf of a D.C. man convicted of murder. [Pro Bono]
Data Privacy Litigation and Incident Response
- Represented a leading EdTech company against putative class action student privacy allegations in multiple federal courts.
- Represented a Midwestern health system and a popular consumer website in putative class action litigations related to use of the Meta Pixel.
- Represented an online retailer and a health care system in putative data breach class action litigations.
- Write indemnification demand letters on behalf of clients whose vendors suffer data security incidents and collaborate with litigating counsel (paid by insurance or co-defendant) while counseling clients.
Other Litigation & Dispute Resolution
- Represented cosmetics companies in putative consumer class actions in federal court.
- Secured domain names for asset management and health care clients via the WIPO and Nominet complaint processes.
- Representing kinship caregivers in civil rights litigation against the District of Columbia and its child and family services agency. [Pro Bono]
Government and Internal Investigations
- Representing health system in response to False Claims Act / Anti-Kickback Statute investigation by the U.S. Department of Justice regarding its relationship with emergency medical services entities.
- Responded to state attorneys general inquiries into investment firms’ consideration of ESG factors.
- Investigated allegations of employee theft for a business intelligence company and for an asset management firm.