The Clarifying Lawful Overseas Use of Data (“CLOUD”) Act was enacted into law on March 23, 2018. The Act provides that U.S. law-enforcement orders issued under the Stored Communications Act (SCA) may reach certain data located in other countries – a key question in United States v. Microsoft Corporation, No. 17-2, a case argued before the Supreme Court on February 27. Both the government and Microsoft recently agreed that the closely watched case is now moot following the CLOUD Act. READ MORE
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 just one or two briefs and a short oral argument, lawyers have to summarize the complex facts and history of a case, teach busy judges 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 concise, compelling narratives that drive persuasive, common-sense arguments.
Brian’s capabilities have proven particularly valuable in cases involving cutting-edge technologies. Many laws regulating technology, like data-privacy rules, date back to a pre-internet world. By combining traditional legal arguments with finely tuned analogies that show how the law should apply to novel circumstances, Brian has helped companies like Microsoft and Facebook set groundbreaking precedent on appeal. In addition to data privacy, Brian has represented 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.
In 2014, and again in 2017, the Ninth Circuit appointed Brian to three-year terms 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.
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. Before law school, he was a management consultant with McKinsey & Company.