Brendan M. Walsh

Overview

Brendan Walsh serves as co-chair of the firm's Litigation department and is a member of the firm's Executive Committee. Brendan is an accomplished complex commercial litigator whose clients range from Fortune 500 corporations to high-net-worth individuals and closely-held companies. He regularly appears in both the state court and federal courts in New Jersey and New York, including the U.S. District Courts for the District of New Jersey, the Eastern District of New York, and the Southern District of New York.

An experienced appellate litigator as well, Brendan has successfully briefed and argued appeals in the U.S. Courts of Appeals for the Second and Third Circuits, and the Appellate Division of the Superior Court of New Jersey. Additionally, Brendan has authored amicus briefs to several 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. A member of the Association of the Federal Bar of New Jersey, Brendan’s significant knowledge of state and federal law is a benefit to business clients and he is frequently selected as Local Counsel by Am Law 100 firms on high-stakes litigation matters venued in New Jersey and New York.

Brendan uses his accumulated experience in business and law to approach complex litigation matters with creative thinking, a commitment to protecting clients’ interests, dedication and diligence. His ability to synthesize material, find game-changing information and write incisively about complex legal issues is an asset to clients who are often in bet-the-company litigation. Before joining Pashman Stein Walder Hayden, Brendan was a litigation associate at Patton Boggs LLP. Previously, he clerked for Judge Maryanne Trump Barry of the U.S. Court of Appeals for the Third Circuit and for Judge Katharine S. Hayden of the U.S. District Court for the District of New Jersey.

Prior to earning his law degree, Brendan worked as a certified public accountant at Deloitte, where he provided global audit and advisory services to other accounting and consulting firms, manufacturers, retailers, and a professional sports franchise. A proud graduate of the University of Notre Dame, Brendan worked as the head manager of the Notre Dame football team while attending college, an experience he credits with reinforcing his strong work ethic, leadership, and collaborative approach to problem-solving.

Brendan represents domestic and international clients in a range of industries including financial services, real estate, hospitality, e-commerce, technology, retail, and healthcare. His trial and appellate cases typically involve rigorous legal analysis, elaborate discovery, motion practice, and settlement negotiations, and he has earned a reputation as a skillful writer and resolute advocate who can distill complex legal and business issues into compelling arguments that highlight nuances of significance.

Among his recent matters, he secured a complete victory in the Second Circuit on behalf of a global restaurant chain involved in a complex commercial real estate dispute. He also obtained reversals in two separate Third Circuit appeals, one challenging the constitutionality of a prison’s intrusive search policy of inmates housed in isolation units and another challenging a trial court’s order compelling the production of thousands of privileged documents from an attorney’s work files. He is well-versed in the intersection of federal and state privacy laws and has defended businesses against plaintiffs alleging privacy violations.

Brendan is proud of the results he has achieved for clients, some of which are noted here and under the “Experience” section of this biography. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.

Experience

Representative Matters

Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes are not a guarantee of results in any other pending or future matters.

Defending a digital video streaming service provider in a putative class action alleging violations of the federal Video Privacy Protection Act and venued in the U.S. District Court for the Eastern District of New York, which dismissed the complaint without leave to amend. The matter is presently before the U.S. Court of Appeals for the Second Circuit.
Representing a Fortune 500 company with expansive real estate holdings in a variety of business litigation and land use matters in New Jersey and New York.
Representing one of the world’s largest financial institutions in a qui tam litigation involving alleged violations of the New Jersey False Claims Act arising from the offering and sale of municipal bonds.
Defended a major retailer in cases brought by counties and cities in New Jersey alleging that the distribution of prescription opioids constitutes a public nuisance.
Successfully briefed and argued an appeal to the U.S. Court of Appeals for the Second Circuit on behalf of a global restaurant chain in a complex commercial dispute.
Obtained the dismissal of claims asserted against a Canadian bank and its broker-dealer affiliate in a federal litigation venued in the U.S. District Court for the Southern District of New York involving claims of wrongful termination, breach of contract, and invasion of privacy.
Successfully represented a major financial institution in litigations in both state and federal court in New York (New York County Commercial Division and the U.S. District for the Eastern District of New York) seeking the recovery of nearly $1 million in funds wrongfully removed by customers from an account in violation of foreign court orders.
Represented a New Jersey-based financier and developer of solar energy generation projects in a federal litigation venued in the U.S. District Court for the District of New Jersey arising from the sale of solar projects on government-owned property in New Jersey.
Represented prominent 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. Retained after the trial court had just denied defendants’ motions for summary judgment and facing a trial that was expected to last several months, we spearheaded the filing of new motions for summary judgment that raised dispositive issues that had not yet been addressed in the more than seven-year-old litigation. Following extensive briefing, the trial court dismissed all of the hospital’s claims with prejudice. The hospital had been seeking nearly $30 million in compensatory damages and an award of punitive damages. On appeal, the Appellate Division affirmed the dismissal of 99% of the hospital’s damages claim and remanded for further proceedings on claims valued at less than $300,000. The case settled during trial, shortly after the parties selected a jury and delivered opening statements.
Represented the New Jersey General Assembly in a high-profile investigation by a joint legislative committee into the State’s policies and procedures regarding the screening of prospective employees and the handling of claims of sexual assault, abuse, or harassment. Co-authored 119-page committee report that detailed the committee’s factual findings and included nine recommended changes to law and policy.
Represented a New York-based developer and financier 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.
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.
Represented a British bank 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.
Represented a U.S. subsidiary of an internationally-based global mining and exploration company in a litigation brought by a competitor seeking an award of damages and an injunction prohibiting the U.S. subsidiary from selling one of its primary products in North America. Successfully opposed an order to show cause seeking temporary restraints that would have crippled the client's business.
Represented a British bank in a litigation venued in the Superior Court of New Jersey, Essex County involving claims for alleged fraud and racketeering arising out of an insurance company’s investment in nearly $300 million in residential mortgage-backed securities.

Recognition

Honors & Recognitions

Selected for inclusion in the list of New Jersey Super Lawyers, 2023-2024
Selected for inclusion in the list of New Jersey Super Lawyers, Rising Star, 2013-2018
Patton Boggs LLP, Power Player of the Year, 2010

The Super Lawyers 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 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.

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News & Insights

News

Speaking Engagements

Publications

1.8.24|Article
New Reporting Requirements for Certain Corporations, LLCs, and Other Entities - Corporate & Business Law Client Alert
3.22.20|Article
New Jersey Restrictions on Residents and Businesses: What You Need to Know - Client Newsletter
12.13.19|Publication
Snap Removals Come to New York - New York Law Journal
5.20.13
Mediation Communications Are Protected, to a Point

Associations

Community & Professional

Member, Law360's Editorial Board for New Jersey, 2023, 2024
Member, Association of the Federal Bar of New Jersey
Co-Founder and Former Board Treasurer, VeronaTogether
Co-chair, Seton Hall Law School’s Red Mass Committee
Past Board President, Alpine Learning Group

Training

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