Bradley E. Oppenheimer

Education

Harvard Law School, J.D., magna cum laude, 2013
- Executive Editor, Harvard Law Review
- Technical Editor, Harvard Law and Policy Review
Harvard College, B.A., magna cum laude, 2010
- Phi Beta Kappa

Clerkships

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, 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.

Representative Experience

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.

Achievements

Named among Best Lawyers in America®: Ones to Watch for Commercial Litigation by Best Lawyers (2024)

Articles, News & Events

Defending Parallel Proceedings: Best Practices, LexisNexis, July 31, 2023

News

August 14, 2023

Kellogg Hansen Attorney Bradley Oppenheimer Published in LexisNexis

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. ..

May 01, 2023

Kellogg Hansen Attorneys Named to the 2022 Capital Pro Bono Honor Roll

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 ..

May 01, 2021

Kellogg Hansen Attorneys Named to the 2020 Capital Pro Bono Honor Roll

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 ..

May 01, 2020

Kellogg Hansen Attorneys Named to the 2019 Capital Pro Bono Honor Roll

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 ..

April 16, 2019

Kellogg Hansen Attorneys Named to the 2018 Capital Pro Bono Honor Roll

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 ..