Law Clerk, Judge Sandra L. Lynch, U.S. Court of Appeals, First Circuit, 2013-2014
Admitted
2013, Massachusetts
2014, Maryland
2015, District of Columbia
2019, Supreme Court of the United States
Bradley E. Oppenheimer represents clients in high-stakes litigation and investigations, focusing on securities, FinTech and cryptocurrency litigation, False Claims Act proceedings, consumer protection, and complex commercial disputes. He holds a track record of successful outcomes for both plaintiffs and defendants.
Brad litigates cases from pre-complaint stages to appeal. He provides strategic advice to clients to find the best possible approaches to their cases, and assists clients of all types, from individuals to Fortune 100 companies to nonprofit organizations, to navigate all aspects of trial and appellate litigation. He has helped develop winning strategies that shape broader industry trends in litigation, particularly in securities and False Claims Act cases.
Brad understands the business and personal costs of litigation for parties. He helps clients avoid litigation entirely with pre-complaint resolutions that save clients significant time, money, and difficulty, in both private business disputes and government investigations. In litigation, he has won successful outcomes for his clients in dispositive pre-trial motions, at trial, and on appeal.
Brad also represents clients seeking to submit amicus briefs at all levels of the judiciary, including the Supreme Court, and works with clients to maximize the impact of their briefing.
Securities and Exchange Commission v. Ripple Labs Inc. (S.D.N.Y.). Represented fintech company in defense against SEC enforcement suit. Won partial summary judgment against the SEC, in what is believed to be the first time the SEC lost any part of a cryptocurrency enforcement action. Successfully obtained exclusion of an SEC expert who had testified in multiple previous cryptocurrency enforcement matters.
United States ex rel. Ruckh v. CMC II, LLC (M.D. Fla., 11th Cir.). Represented qui tam relator in federal and state False Claims Act ligation involving fraudulent Medicare billing by one of the nation’s largest skilled nursing facilities, Consulate Health Care. Following a successful jury trial, the Eleventh Circuit upheld on appeal a more than $255 million judgment against the defendants. This is one of the largest Medicare whistleblower jury verdicts in history to be upheld on appeal.
Represented defendant-counterclaimant pursuing D.C. Consumer Protection Procedures Act counterclaims in D.C. Superior Court. Won summary judgment against all of plaintiff’s affirmative claims and defeated plaintiff’s summary judgment motion against consumer protection counterclaims.
Represented individual clients pursuing a legal malpractice action against their former attorneys, resulting in successful pre-complaint settlement.
November 1, 2024– Kellogg Hansen has been recognized in The National Law Journal Legal Awards 2024.
Derek T. Ho has been named a finalist for Winning Litigators, and Bradley E. Oppenheimer has been honored as a Rising Star.
The Winning Litigators awards recognize those who have at least one significant win in a jury or bench trial in 2023. Significant wins include prevailing when substantial damages were at stake, setting a legal precedent or overcoming an unfriendly jurisdiction.
The Rising Stars awards recognize the Washington, D.C., region’s 40 most promising lawyers aged 40 and under. These individuals are innovators who develop unique practice niches, secure wins for clients, cultivate robust books of business, and demonstrate strong leadership qualities.
Derek T. Ho litigates high-stakes commercial cases, securing billions for clients through trials and settlements. As an experienced trial and appellate lawyer, he handles all phases of litigation. He has particular experience in antitrust and complex litigation (class actions and MDLs). His cases have established important legal precedents in those fields, including his work on Petersen Energía Inversora v. Argentine Republic, No. 15-cv-2739 (S.D.N.Y.); Eton Park Capital Management, L.P. v. Argentine Republic, No. 16-cv-8569 (S.D.N.Y.).
Bradley E. Oppenheimer represents clients in high-stakes litigation and investigations, focusing on securities, FinTech, False Claims Act, consumer protection, and complex commercial proceedings.
Congratulations to all the finalists and winners. See the full list here.
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August 14, 2023— Kellogg Hansen partner Bradley Oppenheimer was recently published in LexisNexis. His practice note, “Defending Parallel Proceedings: Best Practices” delves into the complexities of defending parallel proceedings, which involve multiple investigations or legal actions stemming from the same events but initiated by different authorities or parties, such as government regulators and private plaintiffs. These parallel cases can overlap and influence each other, requiring consistent legal positions across cases to protect clients\' interests. Failing to integrate defenses can lead to credibility loss, discovery issues, estoppel problems, or even charges of perjury or obstruction.
Handling such cases involves both legal and managerial considerations. Clients must weigh the trade-offs in their strategic decisions and work with counsel to develop legal theories robust enough to withstand all cases.
The note provides detailed insights into the intricate challenges of navigating parallel proceedings, highlighting the importance of strategic decision-making, coordination, and a comprehensive understanding of various legal and managerial aspects to best serve clients\' interests.
Read the full article here. Should you be blocked by the paywall, please access the article here.
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May 1, 2023— Twenty-seven Kellogg Hansen attorneys qualified for recognition on the 2022 Capital Pro Bono Honor Roll for contributing fifty hours or more of pro bono work to those who cannot afford legal counsel. Nineteen Kellogg Hansen attorneys also qualified for the High Honor Roll for providing one hundred hours or more of pro bono service. The District of Columbia Courts have recognized attorneys through the Capital Pro Bono Honor Roll since 2011. The complete list of 2022 honorees can be found here.
Kellogg Hansen 2022 Capital Pro Bono Honor Roll
Scott K. Attaway*
Daniel G. Bird*
L. Vivian Dong
Daniel V. Dorris
Matthew N. Drecun
Ryan M. Folio
David C. Frederick*
D. Chanslor Gallenstein*
Dustin G. Graber
Kimberly V. Hamlett*
Minsuk Han*
Ashle Holman*
Geoffrey M. Klineberg*
Jonathan I. Liebman
Eric J. Maier*
Samuel A. Martin*
Ariela M. Migdal
Bradley E. Oppenheimer*
Gregory G. Rapawy*
Catherine M. Redlingshafer
Derek C. Reinbold*
Caroline A. Schechinger*
Daniel S. Severson*
Andrew C. Shen*
Julius P. Taranto*
Alex P. Treiger*
Matthew J. Wilkins*
* denotes High Honor Roll
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May 1, 2021— Kellogg Hansen attorneys qualified for recognition on the 2020 Capital Pro Bono Honor Roll for contributing fifty hours or more of pro bono work to those who cannot afford legal counsel. Nine Kellogg Hansen attorneys also qualified for the High Honor Roll for providing one hundred hours or more of pro bono service. The District of Columbia Courts have recognized attorneys through the Capital Pro Bono Honor Roll since 2011. The complete list of 2022 honorees can be found here.
Kellogg Hansen 2020 Capital Pro Bono Honor Roll
Scott Attaway
Daniel Bird
Christine Bonomo*
Matthew Drecun*
Linda Elliott*
Kenneth Fetterman
Daniel Guarnera*
Michael Guzman
Julia Haines
Jacob Hartman*
Michael Kellogg
Gerald Kerska
Geoffrey Klineberg*
Grace Knofczynski
Sean Nadel*
Bradley Oppenheimer*
Ana Paul
Eliana Pfeffer
Gregory Rapawy
Thomas Samuels*
Christopher Sarma
Thomas Schultz*
Julius Taranto
Jayme Weber
Joseph Wenner*
*denotes High Honor roll
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May 1, 2020— Kellogg Hansen attorneys qualified for recognition on the 2019 Capital Pro Bono Honor Roll for contributing fifty hours or more of pro bono work to those who cannot afford legal counsel. Nine Kellogg Hansen attorneys also qualified for the High Honor Roll for providing one hundred hours or more of pro bono service. The District of Columbia Courts have recognized attorneys through the Capital Pro Bono Honor Roll since 2011. The complete list of 2022 honorees can be found here.
Kellogg Hansen 2019 Capital Pro Bono Honor Roll
Scott K. Attaway
Christine A. Bonomo*
Kimberly A. Briggs*
Andrew J. Churella*
Katherine C. Cooper*
Daniel S. Guarnera*
Michael J. Guzman*
Julia Haines*
Minsuk Han*
T. Dietrich Hill*
Mark P. Hirschboeck*
Bethan R. Jones*
Michael K. Kellogg*
Geoffrey M. Klineberg*
Grace W. Knofczynski
Gabriel A. Kohan
Sean A. Lev
Benjamin D. Margo
Ariela Migdal*
Sean M. Nadel*
Bradley E. Oppenheimer*
Albert Y. Pak
Ana N. Paul*
Michael S. Qin
Gregory G. Rapawy
Melissa Rodriguez*
Thomas B. Samuels*
Thomas G. Schultz*
Benjamin S. Softness
James W. Webster*
Collin R. White
*denotes High Honor roll
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April 16, 2019— Thirty-two Kellogg Hansen attorneys qualified for recognition on the 2018 Capital Pro Bono Honor Roll for contributing fifty hours or more of pro bono work to those who cannot afford legal counsel. Twenty-five Kellogg Hansen attorneys also qualified for the High Honor Roll for providing one hundred hours or more of pro bono service. The District of Columbia Courts have recognized attorneys through the Capital Pro Bono Honor Roll since 2011. The 2018 Honor Roll members represent all sectors of the legal community, including 168 law firms and individual practices, as well as federal and local government agencies, corporations, associations, law schools and public interest organizations.
Chief Judge Anna Blackburne-Rigsby of the District of Columbia Court of Appeals and Chief Judge Robert Morin of the Superior Court of the District of Columbia stated:
“We salute you for using your talents and expertise to help those unable to afford an attorney, to ensure that they too have equal access to justice. Your compassion and dedication, as evidenced by your pro bono service, have helped to level the playing field.”
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Scott K. Attaway*Christine A. Bonomo*Katherine C. Cooper*Brendan J. CrimminsMatthew M. DuffyLinda A. Elliott*David C. Frederick*Andrew E. Goldsmith*Daniel S. Guarnera*Joshua HafenbrackFrederick G. Hall*Minsuk Han*Jacob E. HartmanAndrew M. Hetherington*T. Dietrich HillMark P. Hirschboeck*Geoffrey M. Klineberg*Benjamin D. Margo*Rachel P. May*Ariela Migdal*Jeremy S. NewmanBradley E. Oppenheimer*Albert Y. Pak*Michael S. Qin*Benjamin L. Rudofsky*Thomas B. Samuels*Christopher M. SarmaThomas G. Schultz*Daniel S. Severson*Lillian V. Smith*Benjamin S. Softness*Julius P. Taranto*
* denotes High Honor Roll
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