They’ve Got Next: The 40 Under 40 - Brette Tannenbaum of Paul, Weiss

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

I played a lead role in General Electric’s high-profile trade secrets and unfair competition lawsuit against its primary competitor in the gas turbine space, Siemens Energy. We successfully secured all key forward-looking relief measures we had sought, including a commitment by Siemens to remove and not use any confidential GE information in its possession and a voluntary ringfencing of Siemens employees in possession of that information from related bid projects.

I also represented the Ultimate Fighting Championship in two large antitrust class actions by former MMA fighters claiming their wages were suppressed due to UFC contracting practices. Shortly before trial in one of the actions, we reached a favorable global settlement of both actions for a fraction of the combined damages exposure. Significantly, we were able to preserve the contracting practices core to the UFC’s industry-leading business model in a way that benefitted all parties.

On the pro bono front, I led the team that published a 30-page report for the New York State Unified Court System’s (UCS) Commission to Reimagine the Future of New York Courts, formed amidst the Covid-19 pandemic. Our report was instrumental in the UCS’ decision to develop pilot statewide online dispute resolution programs.

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

During my first year, I clerked for the Hon. Naomi Reice Buchwald in the Southern District of New York. Everything I did over the first month, I was doing for the first time in my career; it was daunting.

I vividly remember when Judge Buchwald was on the bench for a hearing and a party in one of my cases filed an emergency bankruptcy appeal and a motion for a TRO. Given the timeline, I had to decide on my own whether and when to schedule a same-day hearing and what issues would be heard. Though terrified, I learned quickly to trust my instincts and be confident in my decisions. In the end, Judge Buchwald agreed with my approach. Experiencing that feeling early on helped me realize that conquering unknown territory is part—maybe the most fun part—of being a litigator.

I also learned so much from observing Judge Buchwald manage her docket. She spent a lot of time resolving case management disputes, believing that active judicial case management led to best outcomes. Before conferences, we would discuss both how she was going to decide an issue and how she would frame it to the parties to manage expectations about the merits. I still recall those conversations when deciding whether to bring an issue to a judge and how it might impact the litigation.

How do you define success in your practice?

I define success as my clients’ complete satisfaction with our services. That doesn’t mean that we necessarily have to win every motion or trial. It means that I am responsive and attentive to my clients’ needs, no matter how small; that I staff and price matters in a manner that is sensitive to their needs; that I understand their business objectives and how a particular litigation strategy can help achieve those objectives; that I capably present issues to their senior executives and business teams in a way that reflects positively on the in-house legal team; and that I don’t take any positions that could undermine their broader legal or corporate strategies.

I can’t necessarily control how a judge or jury responds to my arguments, but if I am succeeding in making my clients feel that I do these things well, then I know that I am providing the best service in the ways that I can control.

What are you most proud of as a lawyer?

As a litigator, I’m most proud of standing up in front of a pandemic-era jury and directing two key witness exams during an antitrust trial in the Southern District of New York. Not only was it a thrill to be back on a trial in person, but the jury was also heavily in our favor when we settled on day three of deliberations, and I was proud to have contributed to that result. As the only woman and youngest partner at our counsel table, I also felt proud to set an example for the women+ associates on our team.

Personally, I’m most proud of becoming a “homegrown” partner at Paul, Weiss. I started working at Paul, Weiss as a paralegal in 2007, before attending law school in 2009. I returned as an associate in 2013 after my clerkship and was elected partner in 2019. To have risen through the ranks of such a talented litigation department to be elected partner was one of the highest honors of my life.

I try to pay that forward by devoting as much time as possible to mentoring litigation associates and improving associate life at Paul, Weiss, including as a litigation dean and a frequent host of small-group Women+ Initiative events. Nothing makes me happier than watching associates make the decision to stay at and invest in the firm.

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

“Get Used to the Night” by Nathaniel Rateliff & The Night Sweats because I’m a big Nathaniel Rateliff fan and I’m excited about the new album coming out this summer. “Electric Love” by Børns because it sounds exactly like summer feels, light and happy.

Brette Tannenbaum of Paul, Weiss and her dog.

Brette Tannenbaum and Jonathan Hurtarte / Bloomberg Law