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Keith Bradley
Partner
Keith Bradley is co-chair of the Appellate & Supreme Court Practice. He represents companies and individuals in appeals before federal and state courts and has argued before appeals courts across around the country. He specializes in challenges to regulatory policy, such as Administrative Procedure Act litigation. He has achieved substantial results in litigation across a spectrum of agencies, including the Environmental Protection Agency (EPA), Health and Human Services (HHS), Department of Energy (DOE) and more.
Keith also counsels clients on regulatory compliance and represents them before US federal and state agencies across multiple regulatory regimes, especially in the financial and energy sectors. He works with multiple companies in the securities industry, in renewable energy, in consumer finance, and others. As a senior advisor to the General Counsel of the U.S. Department of Energy (DOE), Keith organized the defense of significant regulatory challenges and advised on important department regulatory reforms, such as those in energy conservation and nuclear export controls. He advised on complex DOE transactions, such as decommissioning contracts funded in part by barter arrangements, federal participation in transmission line projects, and more.
Before joining DOE, he was counsel in the Legal Division of the Consumer Financial Protection Bureau, where he helped draft significant regulations, counseled senior agency executives on administrative and constitutional law, and worked with enforcement teams on some of the bureau’s most significant matters. He has also been in-house counsel in the financial sector, building and running the compliance management system for the first nationwide mortgage brokerage franchise.
Keith is a member of the American Law Institute, and teaches administrative law at the University of Denver Sturm College of Law.
Keith is also a physicist who developed nanoelectronic sensor systems at a technology startup. He has 13 issued patents to his name.
- Successful appellate challenge to the SEC's approval of a new FINRA service for corporate bond data, in Bloomberg v. SEC (D.C. Cir. 2022).
- Argued an appeal contesting the authority of the Federal Communications Commission to revoke a section 214 certificate.
- Challenged the first significant rule under the Toxic Substances Control Act in decades.
- Argued in defense of the EPA policies adjusting implementation of the SNAP rule.
- Successfully defended the EPA’s decision against CERCLA bonding requirements for hardrock mining.
- Challenged an Energy Department policy on mercury storage, leading to the agency’s voluntary request for vacatur of the challenged rule.
- Obtained discretionary review by the Missouri Supreme Court, leading to overturning of Missouri appellate precedents requiring separate consideration for arbitration agreements.
- Obtained a significant settlement for hospitals challenging Medicare “outliers” reimbursement policies.
- Successfully defended an appeal of a contract award, protecting a veteran-owned business from SBA disqualification in a contest from a larger competitor, in a case producing the first interpretation of key provisions on subcontracting.
- Successful SBA appeal securing full forgiveness of a Paycheck Protection Program loan, after SBA had initially found the borrower was ineligible for the loan.
- Significant regulatory advocacy on electric vehicle charging.
- Secured Ninth Circuit interlocutory review of a class certification, leading to a settlement with no damages.
- Led a successful administrative procedure challenge to a major New York City homelessness policy.
- Protected DOE uranium transactions worth roughly US$500 million a year.
- Defended a significant GAO investigation of consumer data practices at the CFPB.
- Obtained a significantly favorable settlement across multiple agencies of a company’s potential liability for regulatory fees.
Education
- Columbia Law School, J.D., executive editor, Columbia Science & Technology Law Review, 2007
- University of California at Berkeley, Ph.D., 2001
- University of Cambridge, Certificate of Advanced Study in Mathematics and Theoretical Physics, 1996
- University of Chicago, B.A., with honors, 1996
Admissions
- New York
- Colorado
- District of Columbia
Courts
- U.S. Patent and Trademark Office
- U.S. Supreme Court
- U.S. Ct. of App., First Circuit
- U.S. Ct. of App., Second Circuit
- U.S. Ct. of App., Fourth Circuit
- U.S. Ct. of App., Sixth Circuit
- U.S. Ct. of App., Seventh Circuit
- U.S. Ct. of App., Ninth Circuit
- U.S. Ct. of App., Tenth Circuit
- U.S. Ct. of App., Eleventh Circuit
- U.S. Ct. of App., D.C. Circuit
- U.S. Ct. of App., Federal Circuit
- U.S. Dist. Ct., Colorado
- U.S. Dist. Ct., Dist. of Columbia
- U.S. Dist. Ct., S. Dist. of New York
- U.S. Dist. Ct., E. Dist. of New York
- U.S. Ct. of International Trade
- U.S. Ct. of Federal Claims
Clerk Experience
- U.S. Supreme Court
Associate Justice Ruth Bader Ginsburg
July 2010 - July 2011 - U.S. Ct. of App., District of Columbia Circuit
Judge Janice Rogers Brown
July 2007 - July 2008
- Co-author, “CFPB’s Hazy ‘Abuse’ Definition Creates Compliance Questions,” Law360, April 26, 2023.
- Author, “6th Circuit Ruling Marks Volatile Phase for Chevron Deference,” Law360, March 31, 2021.
- Author, “Justice Ginsburg: A Voice of Reasons,” The Bencher – American Inns at Court, March/April 2021.
- Author, “Commission Order Opens U.S. Markets to Distributed Energy Resources,” electroindustry, January/February 2021.
- Webinar, Co-Presenter, PPP Round 2: “The Latest on Eligibility and Regulatory Compliance,” American Law Institute CLE, January 2021.
- Author, “Deference to CMS Interpretations: 2019 Developments,” chapter in Health Law Handbook, 2020 ed. Alice Gosfield, ed., Thomson Reuters, 2020.
- Author, “Two Circuit Court Rulings Convolute Class Jurisdiction Outlook,” Law360, March 12, 2020.
- Author, “In a Justice Department Shutdown, Funded Agencies Can Still Litigate,” ALR Accord, Volume 4, Number 2, April 11, 2019.
- Author, “In a Justice Department Shutdown, Some Agencies Can Still Litigate,” The Regulatory Review, February 5, 2019.
- Author, “Did the Government Shutdown Delay Your Case,” Law360, February 5, 2019.
- Author, “High Court’s Frog Opinion Reaches Beyond ESA,” Law360, December 19, 2018.
- Co-author, “Larger Issues Possibly at Stake in High Court Medicare Case,” Law360, October 25, 2018.
- Author, “Is CFPB Curtailing Its Own Supervisory Authority?” Law360, October 11, 2018.