Brandon K. Breslow is a seasoned trial and appellate attorney with a nationwide practice. Mr. Breslow handles appeals and litigation support in civil and criminal cases, from briefing through oral argument and post-decision motions. His civil cases often involve complex issues and catastrophic injuries. He has also represented clients charged with serious violent and financial crimes, achieving favorable dismissals, resolutions, and trial verdicts. Since 2018, Mr. Breslow has been named to the Florida Super Lawyers Rising Stars list for appeals and criminal defense.
Mr. Breslow is Vice Chair of The Florida Bar Federal Court Practice Committee, Co-Chair for the Hillsborough County Bar Association Appellate Practice Section, on the Board of Directors for the Tampa Bay Chapter of the Federal Bar Association, and on The Florida Bar Law Related Education Committee. He is a frequent author and presenter on substantive legal issues and procedural matters that arise in his everyday practice. His article in The Federal Lawyer on the Sixth Amendment right to the effective assistance of counsel has been cited by a federal appellate court, in law journals and treatises, and in briefs submitted to the United States Supreme Court.
Mr. Breslow was a law clerk for United States Magistrate Judge Gary R. Jones in the Northern District of Florida. This experience provided him with valuable insight on the judicial process, legal research and writing, and courtroom procedures. Mr. Breslow substantially contributed to the court’s resolution of discovery disputes and civil rights cases, as well as to the court’s work in two multidistrict litigation proceedings.
- Stetson University College of Law
- Juris Doctor, cum laude, May 2016
- Certificate of Concentration in Advocacy
- Stetson Law Honors Program
- Stetson Law Trial Team
- Highest Grade Awards in Trial Advocacy and Evidence
- American Law Institute CLE Scholarship and Leadership Award
- Victor O. Wehle Award for Excellence in Trial Advocacy
- William F. Blews Pro Bono Service Award
- University of Florida
- Bachelor of Arts in Criminology and Law, May 2012
- Teaching Assistant in the Department of Sociology and Criminology
- Contributing Writer to the Independent Florida Alligator
- Kynes, Markman & Felman, P.A.
- Trial & Appellate Attorney
- July 2021 – Present
- United States District Court for the Northern District of Florida
- Law Clerk to the Hon. Gary R. Jones
- September 2019 – July 2021
- Kynes, Markman & Felman, P.A.
- Associate Attorney
- September 2016 – September 2019
- Kynes, Markman & Felman, P.A.
- Law Clerk/Summer Associate
- December 2014 – September 2016
- Office of the Public Defender for the Sixth Judicial Circuit
- Certified Legal Intern, Misdemeanor Division
- August 2015 – November 2015
- State of Florida
- United States Supreme Court
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Sixth Circuit
- United States Court of Appeals for the Ninth Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States District Court for the Northern District of Florida,
- United States District Court for the Middle District of Florida
- United States District Court for the Southern District of Florida
- United States District Court for the Northern District of New York
- Miller v. Schramer, 357 So. 3d 801 (Fla. 5th DCA 2023) (reversing order entering judicial default in partition and accounting action)
- VPEG Walden Landing, LLC v. Garcia, 355 So. 3d 404 (Fla. 2d DCA 2023) (affirming $380,000 jury verdict in premises liability case against apartment complex)
- Publix Super Markets, Inc. v. Molina, 348 So. 3d 636 (Fla. 5th DCA 2022) (dismissal of certiorari petition for failure to show irreparable harm from order limiting discovery of financial bias from plaintiff’s treating physician)
- State v. Grammig, 289 So. 3d 907 (Fla. 5th DCA 2019) (per curiam affirmance, on rehearing, of pretrial dismissal of charges because the State failed to comply with statute of limitations)
- United States v. Martin, Case No. 8:17-cr-301-SCB-AAS (M.D. Fla.) (complete acquittal of medical device salesman on substantive and conspiracy charges related to health care fraud, mail fraud, and violations of the Anti-Kickback Statute after two-week jury trial)
- Ocwen Loan Servicing, LLC v. Belcher, 2018 WL 3198552, at *1 (11th Cir. June 29, 2018) (defeated mortgage servicer’s Rule 23(f) petition to appeal district court’s order granting class certification)
- United States v. Newman, 2018 WL 582501, at *1 (N.D. Fla. Jan. 29, 2018) (complete acquittal of VA hospital union president on charge of disorderly conduct on federal property)
- King v. State, 2017 WL 11661777, at *1 (Fla. 13th Cir. Ct. Aug. 18, 2017) (vacating trespass conviction on appeal for violation of double jeopardy)
- Tedeschi v. City of Tampa, 2016 WL 3766327, at *1 (M.D. Fla. July 11, 2016) (denying police officer’s motion to dismiss false arrest and excessive force case based on qualified immunity and sovereign immunity)
- The Chairs’ Message: Goodbye, Hello, HCBA Lawyer Magazine, Sept. 2022, at 18
- Aim to Plead: Dram Shop Exception Claims, FJA Journal, May/June 2022, at 56.
- Certiorari Review of Orders Denying Discovery, HCBA Lawyer Magazine, Nov. 2021, at 20.
- United States v. Maximoff, a case problem for the Stetson University College of Law Fourteenth Annual National Pretrial Competition that addressed the application of the federal statute of limitations in criminal cases during the COVID-19 pandemic and of the Bail Reform Act in cases where the defendant presents a serious risk of flight, Aug. 2021.
- Peralta v. Granville, a case problem for the Stetson University College of Law Twelfth Annual National Pretrial Competition that addressed a transgender inmate’s deliberate medical indifference and equal protection claims based on the prison’s failure to continue an established treatment plan for her gender dysphoria, Aug. 2019.
- United States v. Mendoza, a case problem for the Stetson University College of Law Eleventh Annual National Pretrial Competition that addressed the constitutionality of the residual clause definition of “crime of violence” under 18 U.S.C. § 924(c) and the warrantless forensic search of an individual’s cell phone at the United States border, Aug. 2018.
- Booth v. Sudden Valley Construction Company, a case problem for the Stetson University College of Law Tenth Annual National Pretrial Competition that addressed the pleading of Title VII sex discrimination and retaliation claims, Aug. 2017.
- United States v. Wyatt, a case problem for the Stetson University College of Law Ninth Annual National Pretrial Competition that addressed the constitutionality of a warrantless search of data stored in a third-party’s cloud server and the admission of expert testimony concerning a witness’s susceptibility to suggestion by law enforcement, Aug. 2016.
- Hurst v. Florida: The Supreme Court’s Blow to Florida’s Death Penalty, HCBA Lawyer Magazine, May 2016, at 26.
- Signs of Life in the Supreme Court’s Uncharted Territory: Why the Right to Effective Assistance of Counsel Should Attach to Pre-Indictment Plea Bargaining, Federal Lawyer, Oct. 2015, at 34.
- A View from the Bench I: Practicing Before Magistrate Judges, moderated a panel discussion of federal magistrate judges for The Florida Bar Basic Skills Course on Federal Practice, Aug. 30, 2022.
- Civil Appeals & Post-Trial Motions, presented as a webinar for The Florida Bar Basic Skills Course on Federal Practice, Aug. 30, 2022.
- Morning at the Federal Courthouse: Federal Practitioners Panel, presented as a panelist on behalf of the Tampa Bay Chapter of the Federal Bar Association, July 15, 2022.
- May it Please the Court: Oral Advocacy on Appeal, presented at the annual convention for the Florida Justice Association, June 16, 2022.
- Q&A with an Appellate Clerk, moderated a panel discussion with the Clerk of Court and other administrative staff from the United States Court of Appeals for the Eleventh Circuit on behalf of the Tampa Bay Chapter of the Federal Bar Association and the Hillsborough County Bar Association, May 13, 2022.
- Campus to Career Community: Criminal Law, presented on behalf of the Stetson University College of Law Office of Career and Professional Development, Apr. 12, 2022.
- An Overview of Electronic Discovery, produced a panel discussion of federal judges and certified e-discovery specialists on behalf of The Florida Bar Federal Court Practice Committee, Mar. 4, 2022.
- An Overview of Multidistrict Litigation, moderated a panel discussion of federal judges on behalf of The Florida Bar Federal Court Practice Committee, Nov. 30, 2021.
- Middle District of Florida Virtual Summer Camp: Anatomy of a Lawsuit, presented on behalf of the Tampa Bay Chapter of the Federal Bar Association, June 28, 2021.
- Motion Practice Makes Perfect, presented at Florida’s Ninth Judicial Circuit Defender Summer School, Aug. 6, 2018.
Professional activities, bar associations and organizations
- Federal Bar Association, Tampa Bay Chapter Board of Directors
- The Florida Bar Federal Court Practice Committee, Vice Chair
- The Florida Bar Law Related Education Committee, Subcommittee Chair
- The Florida Bar Appellate Practice Section, Subcommittee Chair
- Florida Justice Association
- Hillsborough County Bar Association, Appellate Practice Section Co-Chair
- Hillsborough Association for Women Lawyers