A former Supreme Court and Ninth Circuit law clerk, Brian Goldman specializes in high-stakes appeals.

Brian is a member of the firm's Litigation Group and Supreme Court and Appellate practice. His work spans several subject areas, including intellectual property, data privacy, immigration, and commercial disputes. Brian has recently represented leading technology companies before the Federal Circuit, the Second Circuit, and the Ninth Circuit. He also maintains an active pro bono practice in the Supreme Court and Courts of Appeals. 

In 2014, Brian was appointed by the Ninth Circuit to a three-year term as an Appellate Lawyer Representative to the Ninth Circuit Judicial Conference. In that role, Brian co-authored The Appellate Lawyer Representatives' Guide to Practice in the United States Court of Appeals for the Ninth Circuit and created a "shell brief" for attorneys to use in preparing properly structured Ninth Circuit briefs.

Prior to joining Orrick, Brian served as a law clerk to Justice Sonia Sotomayor and to Judge Stephen Reinhardt. He also served in the U.S. Department of Justice’s Civil Division, where he briefed and argued cases on appeal for the federal government. Before law school, he was a management consultant with McKinsey & Company.

    • Microsoft v. United States (Second Circuit): Brian represented Microsoft in its successful challenge to the federal government's attempt to force Microsoft to turn over a customer's email content stored on a server in Ireland, beyond the reach of federal law. (Opinion) (Opening Brief) (Reply Brief) (Press coverage: Washington Post, Reuters)
    • Facebook v. Power Ventures (Ninth Circuit): Brian successfully defended a judgment in favor of Facebook finding that defendants had unlawfully scraped content from Facebook in violation of the Computer Fraud and Abuse Act and California's computer trespass law. (Opinion)
    • Teixeira v. County of Alameda (Ninth Circuit): Brian represents Alameda County, California, in its appeal of a ruling that the Second Amendment applies to a zoning ordinance regulating the location of gun stores. (Oral Argument)
    • Co-founder v. Co-founder (Ninth Circuit): Brian is appealing a $20 million jury verdict against the co-founder of a company in a suit alleging breach of fiduciary duty brought by the company's other co-founder.

    Recent pro bono matters:

    • Volpicelli v. United States (Ninth Circuit): Brian successfully briefed and argued a tax case to the Ninth Circuit on behalf of a client whose property was wrongfully seized by the IRS when it was attempting to collect on someone else's tax debt. The Ninth Circuit issued a precedential decision holding that the statute of limitations for filing such suits could be extended in appropriate cases -- the first decision by any appellate court in two decades to allow a tax refund deadline to be extended. (Opinion) (Oral Argument) (Press coverage: Forbes, Law360)
    • Peralta Sauceda v. Lynch (First Circuit): Brian persuaded the First Circuit to take the rare step of granting rehearing and then reversing its earlier decision in a precedent-setting immigration case. (Opinion) (Oral Argument) (Press coverage: Law360
    • Gomez-Perez v. Lynch (Fifth Circuit): Brian secured the reversal of a Board of Immigration Appeals decision holding that our client's prior misdemeanor conviction, for which he served no time in prison, prevented him from seeking humanitarian relief from deportation. (Oral Argument) (Opinion)

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