Aaron Brecher

Aaron Brecher is a member of Orrick's white-collar and data-security and privacy teams. An experienced trial lawyer, he's passionate about helping individuals and companies through some of their most difficult and sensitive challenges: government investigations and enforcement actions.

• Mes expériences

  Government Investigations & Prosecutions:

  • Represented pharmaceutical company in False Claims Act trial in a case by the State of Washington and a private relator; the trial ended in a complete defense verdict, defeating claims carrying hundreds of millions of dollars of potential exposure in the first FCA trial victory ever secured by a pharmaceutical company.
  • Represented subject of a high-profile federal criminal and civil investigation related to alleged improper billing by a prominent neurosurgery group. The government declined to bring charges.
  • Represented the target of a federal criminal and civil Anti-Kickback Statute investigation connected to the marketing of prescription opioids. The government declined to bring charges.
  • Represented tribal entity in criminal antitrust investigation of tribal gaming issues. The government declined to bring charges.
  • Represented the subject of a criminal Lacey Act and Foreign Corrupt Practices Act investigation related to the importation of rare timber. The government declined to bring charges.
  • Represented defendant in a high-profile trial on federal conspiracy and wire-fraud charges, including briefing and arguing evidentiary motions and jury instructions and examining the defense's expert witness.
  • Represented defendant in a federal Lacey Act and tax-fraud prosecution in which court agreed to impose a sentence with no prison time.
  • Represented defendant at sentencing in high-profile federal wire-fraud prosecution in which court imposed sentence of less than half the length recommended by the government and by the minimum applicable sentencing guidelines.
  • Represented defendant in Washington Department of Financial Institutions enforcement action, leading to consent order with no fines imposed.
  • Represented public university in civil False Claims Act investigation related to federal research grant program.
  • Provided pro bono representation to indigent criminal defendant charged with federal arms-export offenses. Court imposed a sentence 75% lower than government's recommendation.

   Other Trial and Litigation Experience

  • Represented real-estate marketplace company in false-advertising and consumer-protection trial in federal court that ended in a complete defense victory and defeat of a $700 million claim.
  • Represented six auto dealerships in class action trial in Washington state court, leading to favorable settlement.
  • Second-chaired commercial arbitration in dispute over patent-licensing fees.
  • Lead counsel in pro bono federal bench trial representing domestic abuse survivor in international custody dispute under the Hague Convention on the Civil Aspects of International Child Abduction.
  • Lead counsel in pro bono federal bench trial representing Washington state prisoner seeking religious dietary accommodation.
  • Represented civil litigants in securities and antitrust class actions, employment disputes, commercial cases, and claims against the federal government.

  Appeals

  • Successfully defended Ninth Circuit appeal of trial court win in civil False Claims Act litigation brought by relator.
  • Successfully defended appeal of trial court win on breach of contract claims related to commercial photography service in New York Appellate Division, First Department
  • Won remand in Ninth Circuit as appointed pro bono counsel in appeal of Washington prisoner seeking religious dietary accommodation. Later represented plaintiff in re-trial.
  • Won post-trial reversal in a published Ninth Circuit opinion in pro bono appeal on behalf of domestic abuse survivor in international custody dispute.
  • As special tribal prosecutor, represented Cowlitz Tribe in defending criminal conviction in first appeal in the history of the Cowlitz Tribal Court of Appeals.

  Other Pro Bono Experience

  Aaron maintains an active pro bono practice. Beyond the pro bono experience listed above, his representative matters include presenting a successful clemency petition to the Washington Clemency and Pardons Board and the Governor, securing the release after 21 years of a Washington prisoner who had been serving life without parole.