They’ve Got Next: The 40 Under 40 - Bradley Oppenheimer of Kellogg Hansen

Bradley Oppenheimer

Age: 37

Law Firm: Kellogg, Hansen, Todd, Figel & Frederick

Practice Area: Litigation

Title: Partner

Location: Washington, DC

Law School: Harvard Law School

Please describe two of your most substantial, recent wins in practice.

In SEC v. Ripple, I was a part of Ripple’s defense team in an enforcement action brought by the SEC. This case was the latest and biggest in a line of cryptocurrency-related enforcement cases the SEC had brought, and to our knowledge, the SEC had never lost one on the merits before, even in part.

We picked up interim wins during the litigation, such as defeating the SEC’s motion to strike Ripple’s “fair notice” defense and winning the exclusion of an important expert witness the SEC relied on. Finally, in 2023, we obtained a summary judgment ruling that the largest set of sales the SEC alleged, worth hundreds of millions of dollars, were lawful. This was a big win for our client and a proud professional moment for me.

Another recent win was Alix v. McKinsey. This was a hard-fought case brought by a determined competitor of McKinsey, in which I helped represent two individual McKinsey partners. After years of complex litigation, we won the complete dismissal of the plaintiff’s claims in 2024, vindicating our clients and bringing an end to a difficult, intense litigation process.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

The tremendous power that lawyers have to make a difference, both for individual clients and for society generally. Particularly in litigation, clients often come to their lawyers during extremely stressful periods of their lives, whether because they have been accused of committing serious crimes, because they have been wronged by someone else’s conduct, or any number of other reasons. Being able to guide them through the intense process of litigation, and to win the case for them, allows lawyers to help their clients overcome crises and directly improve their lives.

On top of that, the litigation process gives lawyers the opportunity to shape the law. Arguments one lawyer makes can pave the way for future ones and can determine what happens to huge numbers of people who are not part of the case being litigated. This influence, over both individual clients and the broader world, is an enormous responsibility, and I realized during my first year that it is important for lawyers to conduct themselves in a manner consistent with the power they exercise in our society.

How do you define success in your practice?

Success comes from obtaining results for clients that they are truly happy with. That outcome is not always obvious when clients first come to their lawyers. It is important to understand what the client’s real goals, motivations, and interests are, so that lawyers can find the best ways to promote them.

Winning in litigation is not everything; often, clients are better off avoiding litigation entirely. Other times, there may be a specific piece of a case that matters to the client more than anything else—perhaps establishing a certain legal principle, or winning one particular term in a settlement agreement, or preserving the ability to take certain actions. In my practice, I define success based on how well I identify, and then accomplish, those specific outcomes that will most promote my clients’ ultimate happiness.

What are you most proud of as a lawyer?

I am most proud of the multiple instances in which I have helped my clients completely avoid litigation—but it is rare that a client likes litigating as much as I do. Very often, it makes much more sense for everyone to avoid litigation. But that outcome is unfortunately rare.

By the time clients seek out lawyers, they have often had a dispute festering for too long, with too much acrimony, to avoid escalation. Other times, clients have learned that they are the target of a government investigation and may have only a limited, narrow window and ability to stop it.

I have been fortunate to work with multiple clients in situations like these in which we have managed to stave off what seemed like inevitable litigation. The costs that this has saved clients —not only financial, but also in terms of disruption, distraction, and stress—have been enormous. I am deeply satisfied to have helped so many clients avoid those costs by ending litigation before it began.

Who is your greatest mentor in the law and what have they taught you?

The judge I clerked for, Hon. Sandra L. Lynch, gave me keen insight into how judges think, which is critical as a litigator trying to persuade judges. I was consistently impressed by Judge Lynch’s ability to quickly and clearly distill a case to its essence and come to a sensible, correct, and persuasive answer.

Working with Judge Lynch taught me several key lessons, including about the value of diligently revising and improving written work product, the central importance of the facts of a case, and the advantages of developing consensus on a team. Most importantly, Judge Lynch showed me how essential it is to be collegial and respectful. She always treated litigants with dignity and made clear that the cases she was deciding involved real people with important problems.

It is easy for lawyers to get caught up in the adversarial system and disrespect their opposing counsel or opposing parties; Judge Lynch was an exemplary model for avoiding that pitfall and maintaining respect even in heated, contested settings.

Tell us your two favorite songs on your summer music playlist.

I’ve got two kids, and they have strong opinions that influence our playlists. My oldest is a serious Swiftie, so recently we’ve been listening and singing along to “Shake It Off,” which also happens to be some rather useful life advice. My youngest is really into “Wheels on the Bus,” which doesn’t offer quite as much wisdom.

Bradley Oppenheimer of Kellogg Hansen during a family visit to a local park.

Photo illustration by Jonathan Hurtarte/Bloomberg Law; photo courtesy of Bradley Oppenheimer