Brian Goldman litigates high-stakes appeals in the U.S. Supreme Court and appellate courts around the country.
Every word counts in appellate litigation. With limited briefing and a short oral argument, lawyers have to summarize the complex facts and history of a case, help busy judges understand the intricacies of sometimes-unfamiliar areas of law, and then persuade the court why the judgment should be affirmed or reversed. Brian specializes in collaborating with clients and trial counsel to distill years of litigation and complicated fact patterns into compelling narratives that drive common-sense arguments.
Brian’s capabilities have proven particularly valuable in cases involving cutting-edge technologies. Brian has helped companies like Microsoft and Facebook set groundbreaking precedent on appeal by combining traditional legal arguments with finely tuned analogies that show how pre-internet-age laws should apply to novel circumstances. In addition to data privacy, Brian has represented local governments in defending their policies and programs against constitutional attack, as well as companies and individuals in cases involving intellectual property, immigration, and general commercial disputes. Brian also maintains an active pro bono practice in the Supreme Court and Courts of Appeals.
The Ninth Circuit appointed Brian to serve as an Appellate Lawyer Representative to the Ninth Circuit Judicial Conference, and then to serve as Chair of that group beginning in 2020. In that role, Brian has been a liaison between the bench and the bar, 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.
Brian was named one of California's "Top 40 Under 40" in 2018 by the Daily Journal and one of the country’s “Appellate Rising Stars” by Law360. He also won a California Lawyer Attorney of the Year Award for his work defending a local firearms ordinance against a Second Amendment challenge.
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.