Michael H. Brady
A former Assistant Solicitor General of Virginia, Mr. Brady has represented parties and amici in more than forty appeals, primarily before the Supreme Court of Virginia, the United States Courts of Appeals for the Fourth Circuit, the United States Court of Appeals for the D.C. Circuit, and the Supreme Court of the United States. Mr. Brady also advises clients in mission critical disputes with federal and state agencies and bodies, including with the Attorney General of Virginia and the Commonwealth’s agencies, localities, and other political subdivisions, addressing issues ranging from licensing, permitting, zoning and government contracting disputes to confidentiality concerns arising under Virginia’s Freedom of Information Act.
Prior to his government service and private practice, Mr. Brady served as a judicial intern to the Honorable Victor J. Wolski on the U.S. Court of Federal Claims, and also clerked for Chief Justice Cynthia D. Kinser of the Supreme Court of Virginia.
Recognitions
- Virginia Business Magazine, Appellate Law "Legal Elite" (2022-2023)
- Virginia Lawyers Weekly Go To Appellate Lawyer (2023)
- Best Lawyers in America®, Appellate Practice, Commercial Litigation (2025)
Memberships & Activities
- Vice President: The Federalist Society for Law & Public Policy Studies, Richmond Lawyers Chapter
- Member: Virginia Bar Association
- Member: Richmond Bar Association
Appeals
- Represented parties and amici in more than a dozen appeals before the Supreme Court of the United States.
- Represented parties in eight civil appeals before the United States Court of Appeals for the Fourth Circuit and represented parties and amici on several appeals of agency action before the United States Court of Appeals for the District of Columbia Circuit.
- Represented parties in more than a dozen civil appeals before the Supreme Court of Virginia and in several civil appeals before the Court of Appeals of Virginia.
- Represented Commonwealth of Virginia in successful defense of Virginia’s FOIA citizenship restriction in the Fourth Circuit and the Supreme Court of the United States, 569 U.S. 133.
- Assisted in representing Virginia transportation agency in obtaining appeal, expedited review, and reversal from Supreme Court of Virginia of judgment holding unconstitutional tolling provision in Virginia’s Public-Private Transportation Act, 286 Va. 286.
- Assisted in obtaining affirmance on appeal to the Supreme Court of Virginia of a trial court’s denial of video cameras in the courtroom at a high-profile criminal sentencing, 286 Va. 239.
- Assisted in defense of state health agency in challenge to the constitutionality of certificate of public need laws in Virginia federal district court and the Fourth Circuit, 733 F.3d 535.
- Represented non-profit in obtaining reversal of public records denial in the Court of Appeals of Virginia, 81 Va. App. 363.
Business Litigation
- Represented tire manufacturer in successful interlocutory appeal to the Fourth Circuit, obtaining reversal of discovery order compelling production of trade secrets in products liability action, 672 F. App’x 223, 813 S.E.2d 696, 723 F. App’x 224.
- Represented nuclear manufacturer in appeal to Supreme Court of Virginia, winning reversal of $16 million jury verdict and final judgment for manufacturer on breach of license and trade secret misappropriation claims, 292 Va. 165.
- Represented political subdivision in Virginia circuit court, defeating challenge to land transfer as void based on alleged violation of Virginia Constitution.
Tax Controversy
- Represented taxpayer at trial and on appeal to the Supreme Court of Virginia in successful challenge to tax assessments as violating state constitutional uniformity, 299 Va. 150.
- Represented leading duty-free retailer at trial and on appeal to the Supreme Court of Virginia in successful constitutional challenge to application of a local business licensure tax to duty-free sales made at Dulles International Airport, 294 Va. 9.
- Represented Fortune 200 paper manufacturer at trial and obtained denial of appeal by the Supreme Court of Virginia in successful challenge to a County’s machinery and tools taxes, resulting in a revision of the assessment methodology and a $5 million refund.
Co-author: An Emerging Risk of Allegations of Insider Trading, Interglobix Magazine, April 30, 2023
Speaker: "Recent Developments in Virginia Taxation," 32nd Annual Tax Practitioner's Roundtable, Virginia Bar Association, October 29, 2020
Co-author: Taxation – The Annual Survey of Virginia Law, The University of Richmond Law Review, 2020
Speaker: "Recent Developments in Virginia Taxation," 31st Annual Tax Practitioner's Roundtable, Virginia Bar Association, October 30, 2020
Speaker: Business Interruption Coverage for the Internet Infrastructure Industry, June 10, 2020
Co-author: Taxation – The Annual Survey of Virginia Law, The University of Richmond Law Review, 2019
Speaker: "Recent Developments in Virginia Taxation," 30th Annual Tax Practitioner's Roundtable, Virginia Bar Association, October 25, 2019
Co-author: Taxation – The Annual Survey of Virginia Law, The University of Richmond Law Review, 2018
Co-author: "Chevron Deference: Where Do We Go From Here?," Regent University Law Review, 2017
Co-author: "Are the Rights Guaranteed by the Third Amendment Sufficiently Deep Rooted and Fundamental to the be Incorporated into the Fourteenth?," University of Tennessee Law Review, 2015
Co-author: "What If States Opt Out Of EPA’s Existing Source Rule?," Law360, November 24, 2014
Co-author: "A Constitutional Challenge to EPA’s ‘Clean Power Plan’," Law360, October 28, 2014
Co-author: "Toward True Client Communication in Mass Torts," The Journal of Civil Litigation, 2014
Co-author: "How the Constitutions of the Thirty-Seven States in Effect When the Fourteenth Amendment Was Adopted Demonstrate that the Governmental Endorsement Test in Establishment Clause Jurisprudence Is Contrary to American History and Tradition," Texas Review of Law & Politics, 2012
Co-author: "Florida Supreme Court Erred in Drug Dog Ruling," JURIST-Hotline, 2012
Author: Note: Exclusive Separability? Arbitrability and the Contract Formation Defense, The Review of Litigation, 2009
ARTICLES
Client Alert: IRS Will Determine Whether PPP Loans Properly Forgiven, Treat Improperly Forgiven Amounts as Income
NEWSLETTERS
The Real Deal - Spring 2023
Claim of Right Not Sunk by Prior Permission: Argument That Prior Permission Transfers With Title Blown Out of the Water!
Introducing New Attorneys at Whiteford