Dan Bromberg, Pillsbury’s Appellate practice leader, is an experienced U.S. Supreme Court advocate who has successfully argued appeals in state and federal courts across the country for three decades.

Dan has successfully litigated high-profile appeals in the U.S. Supreme Court, federal courts of appeals, and state courts, including especially California. He is also the director of the California Appellate Advocacy Program at UC Hastings Law School’s Center for Litigation and the Courts, which moots many of the cases before the California Supreme Court.

A recognized authority in constitutional law, Dan is experienced in commercial, regulatory and mass tort litigation. While working for Governor Gavin Newsom, he was involved in cutting-edge issues concerning energy and the environment. 

With three decades of practical litigation experience, Dan also provides strategic guidance on strategy and novel statutory and regulatory issues.

Representative Experience

  • Vacated $158 million judgment and reinstated counterclaims of similar magnitude for purchaser of energy trading business in the Second Circuit.
  • Obtained order denying punitive damages to over 2,000 plaintiffs in wildfire litigation for electrical utility on writ petition to the California Court of Appeal.
  • Supervised litigation for the State of California against the Trump Administration, including the successful challenge to the transfer of over $5 billion for building the border wall and reinstating nearly $1 billion in grant money for high-speed rail construction.

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  • Successfully briefed and argued Cortez Byrd Chips v. Bill Harbert Constr. Co., 529 U.S. 193 (2000).
  • Successfully briefed petitions for certiorari and merits briefing in Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Co., 569 U.S. 89 (2010), TRW Inc. v. Andrews, 534 U.S. 19 (2001), and Textron Lycoming. v. UAW, 523 U.S. 653 (1998) in addition to Cortez Byrd Chips.
  • Filed amicus briefs cited by the U.S. Supreme Court on behalf of a coalition of high-tech companies in eBay v. MercExchange, 547 U.S. 388 (2006), and on behalf of the U.S. Chamber of Commerce and other business associations in Kostad v. American Dental Association, 527 U.S. 529 (1999).   
  • Successfully briefed and argued before the Second Circuit appeal reinstating claim to ownership of the billion-dollar STOLICHNAYA trademarks on behalf of a Russian entity in Federal Treasury Enterprise Sojuzplodoimport, OAO v. Spirits Int’l B.V., 809 F.3d 737 (2d Cir. 2016).
  • Successfully briefed before the Second Circuit appeal on behalf of purchaser of energy business challenging a $158 million judgment on a bench trial and dismissal of counterclaims of similar magnitude in Merrill Lynch & Co., Inc. v. Allegheny Energy Inc., 500 F.3d 171 (2d Cir. 2007).
  • Successfully briefed and argued appeal before the Sixth Circuit defending enforcement of settlement agreement in antitrust action on behalf of real estate broker in Re/Max Int’l Inc. v. Realty One, 271 F.3d 633 (6th Cir. 2001).
  • Successfully briefed and argued appeal before the Seventh Circuit concerning dismissal of Fair Credit Reporting Act claims on behalf of credit reporting agency in Ruffin-Thompkins v. Experian Info. Solutions, 422 U.S. 603 (7th Cir. 2005).
  • Briefed motion for judgment as a matter of law successfully vacating $70 million verdict against Cisco Systems, Inc., and then successfully defended the ruling before the Federal Circuit in X-pert Universe Inc. v. Cisco, 597 Fed.Appx. 630 (Fed. Cir. 2015).
  • Successfully briefed challenge before the D.C. Circuit to presidential executive order that contradicted congressionally adopted policy on behalf of coalition of business organizations in Chamber of Commerce v. Reich, 74 F.3d 1322 (D.C. Cir. 1996).
  • Successfully petitioned for review and briefed merits in the California Supreme Court on behalf of the University of Southern California in the landmark decision in Sargon Enter. Inc. v. USC, 55 Cal.4th 747 (2012), concerning the admissibility of expert testimony.
  • Successfully filed writ petition in the California Court of Appeal challenging denial of summary adjudication concerning punitive damages sought by wildfire claimaints in Butte Fire Cases, 24 Cal.App.5th 1150 (2018).
  • Successfully defended $30 million award against town on behalf of developer before the California Court of Appeal in Mammoth Lakes Land Acquisition LLC v. Town of Mammoth Lakes, 191 Cal.App.4th 435 (2011).
  • Successfully defended right of students at Georgetown University to declare domicile in the District of Columbia and vote in local elections before the D.C. Superior Court and D.C. Court of Appeals in Scolaro v. District of Columbia Bd. of Elections & Ethics, 691 A.2d 77 (D.C. 1997) and 717 A.2d 891 (D.C. 1998).
  • Supervised California’s challenge to the Trump Administration’s attempt to transfer over $10 billion in Department of Defense funding to construction of the border wall.  
  • Supervised challenge and reinstatement of $929 million grant for high-speed rail construction on behalf of the State of California. 
  • Supervised defense of Trump Administration challenge under the Treaty and Foreign Commerce Clauses to agreement between California and Quebec linking their cap-and-trade programs in United States v. California, 444 F. Supp.3d 1181 (E.D. Cal. 2020). 
  • Supervised defense of California’s COVID-19 restrictions against First Amendment and other constitutional challenges, including preliminary injunctions rulings that the state’s restrictions were likely to satisfy strict scrutiny. See Order, South Bay United Pentecostal Church v. Newsom, No. 20-0865 (S.D. Cal. Mar. 30, 2020); South Bay United Pentecostal Church v. Newsom, 508 F. Supp.3d 756 (S.D. Cal. 2020); Harvest Rock Church Inc. v. Newsom, 2020 WL 7639548 (S.D. Cal. Dec. 21, 2020).

Professional Highlights

  • Certified specialist in appellate law by the State Bar of California’s Board of Legal Specialization (2008 – present)
  • California Academy of Appellate Lawyers
  • Litigation Counsel of America

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  • Memberships & Associations
    • American Constitution Society, Bay Area Chapter Advisory Board (2009 – 2018)
    • Santa Clara County Bar Association, Committee on Appellate Courts (2016 – 2018)
    • Director, Washington Lawyers Committee for Civil Rights (2003 – 2005)
  • Speaking Engagements
    • “COVID-19’s Impact on Constitutional Law,” Pillsbury’s MCLE Marathon, January 25, 2022.
  • Honors & Awards
    • Super Lawyers, Appellate (2012 – 2020)
    • Best Lawyers (published by BL Rankings LLC) for Appellate Practice (2013 – 2018)
  • External Publications
    • “It Can’t Happen Here: Canada’s Emergency Protest Orders,” The Recorder, Daniel H. Bromberg and Brandon Stracener, March 3, 2022.
    • “It’s Time to Amend the Emergency Services Act,” SCOCAblog, Daniel H. Bromberg, October 4, 2021.
    • “Keep Oral Arguments on Target,” National Law Journal, Daniel H. Bromberg, February 19, 2007.
    • “Patent Law and the Roberts Court,” N.Y. Daily Journal Supplement, Daniel H. Bromberg, September 7, 2006.
    • “Baby UI: The End of Unemployment Insurance as We Know It?,” 26 Employee Relations L.J. 35, Daniel H. Bromberg and Julia Broas, 2000.
    • Note, “Constitutional Stare Decisis,” 103 Harv. L. Rev. 1344 (1990) (cited in Justice Marshall’s dissent in Payne v. Tennessee, 501 U.S. 808, 853 n.3 (1991)).

Education

  • J.D., Harvard Law School, 1990
    magna cum laude; Editor, Harvard Law Review

    B.A., Yale University, 1986
    summa cum laude

Admissions

  • California

    New York

    District of Columbia

Clerkships

  • Hon. A. Raymond Randolph, U.S. Court of Appeals for the D.C. Circuit, 1991-1992

    Hon. Louis F. Oberdorfer, U.S. District Court for the District of Columbia, 1990-1991

Languages

  • French