Brendan Crimmins is a litigation partner who represents clients in complex civil disputes.
Brendan rejoined the firm as a partner in 2017. From March 2015 to January 2017, he served in the U.S. Treasury Department as Deputy General Counsel and, before that, Senior Counsel. At Treasury, Brendan oversaw legal advice on issues relating to housing finance, the Troubled Assets Relief Program, general and regulatory law, the Affordable Care Act, and tax policy. He also managed responses to congressional investigations and coordinated the defense of significant litigation matters arising from Treasury’s responses to the 2008 financial crisis and its implementation of the Affordable Care Act. Secretary Jacob J. Lew awarded Brendan the Treasury Department’s Distinguished Service Award in recognition of his contributions.
In private practice, Brendan has represented a diverse range of clients—both plaintiffs and defendants—in complex commercial and business litigation in federal and state courts throughout the country. He has represented private equity firms and their portfolio companies in disputes with debt holders, creditors, and minority investors, including large financial institutions, other investment firms, and classes of plaintiffs. He has also represented major telecommunications firms in numerous lawsuits and regulatory proceedings.
Brendan has significant experience in appellate litigation. He has prepared briefs in dozens of appeals in the Supreme Court of the United States, federal courts of appeals, and state supreme courts. He has presented oral argument in the Sixth, Eighth, and D.C. Circuits. His appellate experience spans a wide range of constitutional and statutory issues, including securities, antitrust, telecommunications, federal preemption, federal jurisdiction, foreign sovereign immunity, energy regulation, and intellectual property.
Brendan also provides pre-litigation counseling and strategic advice to clients on a wide range of issues, including antitrust, telecommunications, environmental, and corporate law, as well as questions of appellate strategy and Supreme Court practice.
Though all cases vary and none is predictive, Brendan’s experience includes:
Representing two private equity firms and several members of the board of directors of Clear Channel Outdoor Holdings, Inc. (“CCOH”) in connection with a shareholder derivative claim relating to transactions between CCOH and its parent company. In re Clear Channel Outdoor Holdings, Inc. Derivative Litigation, C.A. No. 7315-CS (Del. Ch. Ct.).
Serving as lead counsel on behalf of a major telecommunications company in successful challenges to orders of state public utility commissions under the Telecommunications Act of 1996. BellSouth Telecomm., Inc. v. Kentucky Pub. Serv. Comm’n, 669 F.3d 704 (6th Cir. 2012); BellSouth Telecomm., Inc. v. Tennessee Regulatory Auth., No. 3:08-00059, 2011 WL 767122 (M.D. Tenn. Feb. 25, 2011).
Representing a major financial institution in a multi-day evidentiary hearing regarding an IRS subpoena seeking tax accrual workpapers. The district court held that the measurement and analysis contained in those papers was protected from discovery. Wells Fargo & Co. v. United States, 2013 WL 2444639 (June 4, 2013).
Leading the briefing in a precedent-setting appeal involving the statute of limitations for investor-fraud claims. The Illinois Supreme Court held that the trial court had erred in dismissing our client’s claims. Khan v. Deutsche Bank AG, 978 N.E.2d 1020 (Ill. 2012).
Leading the briefing, at both the certiorari and merits stages, in a successful effort to obtain Supreme Court review and vacatur of an unfavorable court of appeals decision interpreting the fiduciary duty of a mutual fund investment adviser under the Investment Company Act of 1940. Jones v. Harris Assoc. L.P., 559 U.S. 335 (2010).
Serving as part of an appellate team that won affirmance of an injured patient’s judgment against a drug manufacturer in a case in which the Supreme Court rejected the manufacturer’s claim that the Food and Drug Administration’s approval of labeling for a branded prescription drug preempts lawsuits for failure to warn. Wyeth v. Levine, 555 U.S. 555 (2009).
Obtaining affirmance on appeal of a federal bank-robbery conviction while serving in the Department of Justice. United States v. Lawson, 410 F.3d 735 (D.C. Cir. 2005).
University of Texas School of Law, J.D., with highest honors, 2003
- Grand Chancellor (highest GPA in class through second year)
- Member, Texas Law Review, 2001-2003
University of Notre Dame, B.A., summa cum laude, 2000
- Phi Beta Kappa
Law Clerk, Chief Judge Carolyn Dineen King, U.S. Court of Appeals, Fifth Circuit, 2003-2004
Deputy General Counsel, U.S. Department of the Treasury, 2016-2017
Senior Counsel, Office of the General Counsel, U.S. Department of the Treasury, 2015-2016
Bristow Fellow, Office of the Solicitor General, U.S. Department of Justice, 2004-2005