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 achieved favorable dismissals, resolutions, and trial verdicts for clients charged with serious violent and financial crimes. Mr. Breslow has been named to the Florida Super Lawyers Rising Stars list and Best Lawyers: Ones to Watch in America.
Mr. Breslow is Chair of The Florida Bar Federal Court Practice Committee, on the Executive Council for The Florida Bar Appellate Practice Section, and on the Board of Directors for the Tampa Bay Chapter of the Federal Bar Association 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 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 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.
Legal education
- 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
Undergraduate education
- 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
Experience
- 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
Admissions
- 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
Selected cases
- United States v. Wannemacher, Case No. 3:22-cr-23-BJD-MCR (M.D. Fla.) (complete acquittal of former public utility executive on conspiracy and wire fraud charges after four-week jury trial)
- United States v. Galecki, 89 F.4th 713 (9th Cir. 2023) (vacating mail and wire fraud convictions based on insufficient evidence of material falsehoods)
- Thomas v. Broward County Sheriff’s Office, 71 F.4th 1305 (11th Cir. 2023) (affirming $240,000 jury verdict in favor of former miliary pilot on USERRA discrimination claim and reversing on cross-appeal to award liquidated damages)
- 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, Case No. 1:17-po-39-GRJ (N.D. Fla.) (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)
Selected publications
- Appealing Opportunities for Pro Bono Service, HCBA Lawyer Magazine, Nov. 2023, at 20.
- The Purpose, Practice, and Pitfalls of the Evidentiary Proffer, FJA Journal, May/June 2023, at 54.
- 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.
- 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.
Selected lectures
- Case Law Insider Series: Complexities of a Medical Malpractice Case, Florida Justice Association, May 21, 2024.
- You Can’t Do That! Error-Proof Your Judgment, Florida Justice Association, Mar. 21, 2024.
- Morning at the Federal Courthouse: Federal Practitioners Panel, Tampa Bay Chapter of the Federal Bar Association, July 13, 2023.
- A View from the Bench: Practicing Before Magistrate Judges, The Florida Bar Basic Skills Course on Federal Practice, Aug. 30, 2022.
- Civil Appeals & Post-Trial Motions, The Florida Bar Basic Skills Course on Federal Practice, Aug. 30, 2022.
- Morning at the Federal Courthouse: Federal Practitioners Panel, Tampa Bay Chapter of the Federal Bar Association, July 15, 2022.
- May It Please the Court: Oral Advocacy on Appeal, Florida Justice Association, June 16, 2022.
- Q&A with an Appellate Clerk, Tampa Bay Chapter of the Federal Bar Association and the Hillsborough County Bar Association Appellate Practice Section, May 13, 2022.
- Campus to Career Community: Criminal Law, Stetson University College of Law Office of Career and Professional Development, Apr. 12, 2022.
- An Overview of Multidistrict Litigation, The Florida Bar Federal Court Practice Committee, Nov. 30, 2021.
- Middle District of Florida Virtual Summer Camp: Anatomy of a Lawsuit, Tampa Bay Chapter of the Federal Bar Association, June 28, 2021.
- Motion Practice Makes Perfect, 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 Appellate Practice Section, Executive Council
- The Florida Bar Federal Court Practice Committee, Chair
- The Florida Bar Law Related Education Committee
- Florida Justice Association
- Hillsborough County Bar Association, Appellate Practice Section Past Chair