Brendan Gibbons focuses on product liability, mass tort defense, and complex commercial litigation matters. He represents pharmaceutical, biotechnology, and other consumer product manufacturers and retailers in product liability actions and other commercial disputes. He has defended clients in state and federal courts including multidistrict litigation proceedings, as well as in SEC proceedings and as creditors in bankruptcy court. Brendan is a member of Arnold & Porter's hiring and new associate committees and is also an active member of the Firm's Pride affinity group for LGBT lawyers.
Brendan is dedicated to pro bono work and concentrates on LGBT, immigration, family law, education law, and gun safety impact litigation lawsuits. Brendan regularly partners with Brady Center to Prevent Gun Violence, Immigration Equality, Brooklyn Defender Services, and Advocates for Children in various matters.
Brendan experience includes serving as a legal intern at the United States Attorney's Office, Southern District of New York, and as a student prosecutor at the United States Attorney's Office, Eastern District of New York. He also interned for the Honorable Eric N. Vitaliano, United States District Court Judge, Eastern District of New York.
Experience
- Bayer Corporation in nationwide litigation involving Roundup. Brendan served as the lead senior associate on numerous trial teams across Missouri, Florida, Georgia, California, and Delaware, handling all aspects of pre-trial and trial work. He is also responsible for factual development and depositions, managing company and expert witnesses, and coordinating defense strategies across multiple jurisdictions.
- Tiffany & Company in the Southern District of New York bankruptcy case involving Republic Metals, as well as related litigation concerning the disputed ownership of refined metals. Brendan served as the lead senior associate on the case, managing joint defense group coordination, factual development, preparation and testimony of company witnesses, expert testimony, frequent court appearances, mediation efforts, and settlement negotiations. He remains engaged in related insurance disputes.
- A pharmaceutical company involved in a series of cases brought by prosecutors and third-party payors alleging fraudulent marketing of prescription drugs. Brendan served as the lead senior associate on a trial team in Tennessee and represented the client in New Jersey, Pennsylvania, New York, and Louisiana. His responsibilities included engaging in conferences, court appearances, managing discovery and taking depositions, and coordinating strategies with co-defendants.
- The former CEO of an international manufacturing company in a breach of fiduciary duty case. Brendan acted as the lead senior associate, managing coordination with co-defendants and insurance companies, overseeing discovery, facilitating settlement efforts, and representing the client during several mediations.
- A pharmaceutical company involved in multiple licensing and collaboration disputes related to the co-development and co-marketing of various products. Brendan oversaw factual development, witness preparation, discovery and privilege matters, and managed multiple vendors and associates on the case.
- A charitable organization, acting as the largest creditor and litigation trustee, in the Southern District of New York bankruptcy case of WonderWork, Inc. Brendan managed all aspects of discovery, coordinated with other creditors, handled motion practice, and represented the client in court appearances.
- An international corporation in a breach of contract case under AAA arbitration involving a services agreement. He managed all aspects of the case, including factual development, drafting arbitration briefs, and participating in multiple mediation sessions.
- A real estate holding company as the defendant in a personal injury case. He argued the motion to dismiss, securing a complete dismissal following oral arguments.
- An asset management firm in breach of contract case related to a services agreement. Brendan successfully drafted and argued the motion to dismiss in court, achieving a favorable outcome.
- A real estate holding company in a breach of contract and fiduciary duty case. Brendan served as the lead associate, managing all aspects of the case, including discovery, negotiations with opposing counsel, court appearances, motion drafting, and settlement discussions.
- A helicopter manufacturer in a state court case involving allegations of fraudulent inducement and breaches of express and implied warranties. Brendan oversaw all aspects of discovery, including coordinating with discovery vendors, company witness depositions, and played a key role in drafting briefs for summary judgment.
- A former officer and director of AIG in a Martin Act case initiated by the New York State Attorney General. Brendan was an associate on the trial team, contributing to all aspects of the case, including witness development and motion practice.
- A luxury hotel company in a breach of contract case involving canceled reservations due to unforeseen weather events. As lead associate, he managed all aspects of the case, including drafting motions, appearing in court, and settlement negotiations.
- An accounting firm involved in an independence investigation by the SEC and PCAOB. Brendan contributed to expert and factual development, assisted in drafting a Wells submission, and supported various aspects of the internal investigation.
- A real estate and infrastructure investment company on a range of SEC regulatory and compliance matters, including registration and filings. Brendan served as lead associate, providing strategic guidance on SEC requirements and compliance strategies.
- An investment bank involved in an SEC investigation. Brendan managed all aspects of factual development, including an internal investigation, engaging in meetings with the SEC, preparing witnesses, and analyzing key case materials.
- A charitable organization in an AAA arbitration arising from a contractual dispute over the retention of a fundraising consultant. Brendan contributed to drafting and discovery efforts and played a key role in the subsequent appellate work.
- A nonprofit organization in a federal land-use dispute involving religious exercise rights and zoning restrictions. Brendan played a key role in the case, assisting with discovery, drafting filings, and preparing for trial.
- A pharmaceutical company in a case brought by a state attorney general alleging violations of state law through the manipulation of average wholesale pricing and engaging in sham patent litigation to hinder prospective generic competitors.
Perspectives
August 15, 2024
Best Lawyers in America 2025 Recognizes 91 Arnold & Porter Lawyers, Names Three as "Lawyers of the Year" and 80 as "Ones to Watch"
May 5, 2023
Thirty Years of Daubert
2023 DRI Drug and Medical Device Seminar, New Orleans, LA
January 2022
Second Circuit Court of Appeals Rules Non-Qualified Private Student Loans Are Dischargeable (pdf)
Pratt's Journal of Bankruptcy Law, Vol. 18, No. 1
Recognition
Best Lawyers
"Ones to Watch" Commercial Litigation (NY) (2024-2025)
Credentials
Education
- J.D., Brooklyn Law School, 2015, cum laude
- B.A., Fordham University, 2009
Admissions
- New York
- New Jersey
- U.S. District Court, District of New Jersey
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
Activities
- Board Member, Hamilton-Madison House
- Advisory Board Member, Brooklyn Defender Services, Family Defense Practice
- Member, National LGBT Bar Association
- Member, New York City Bar Association
- Member, New York City Bar Association Bankruptcy & Corporate Reorganization Committee