Bryan Killian focuses on complex and high-value issues before various courts. His work includes high-profile environmental matters, such as: appeals arising out of oil spill litigation; the constitutional challenge to California’s low carbon fuel standard; and litigation challenging the Environmental Protection Agency’s (EPA) regulation of stationary source greenhouse gas emissions. Bryan additionally counsels on the Clean Water Act and the federal Renewable Fuel Standard.
Bryan has worked on a variety of appeals in the Second, Fourth, Fifth, Sixth, Eighth, Ninth and DC Circuits. In some of those cases, Bryan represented a major investment bank against fraud claims, a local school board against a claim that it violated the Establishment Clause, a corporate officer facing a federal securities class action, and large technology companies in cases under the American with Disabilities Act, the Telephone Consumer Protection Act, and the Federal Arbitration Act. In addition to appeals, Bryan has worked on trial-court litigation in developing areas of the law, such as the Biologics Price Competition and Innovation Act of 2009 and the Digital Millennium Copyright Act.
Prior to joining Morgan Lewis, Bryan was a partner in the litigation practice of another international law firm. He previously served as a law clerk to Justice Antonin Scalia of the United States Supreme Court and to Judge Paul Niemeyer of the United States Court of Appeals for the Fourth Circuit. Bryan also was a Bristow Fellow in the Office of the Solicitor General, where he worked on federal civil and criminal appeals and on the federal government’s cases in the US Supreme Court. On behalf of the government, he briefed, argued, and won an appeal in the Fifth Circuit.
As a law student, Bryan’s pro bono work on copyright was featured in the Harvard Law Bulletin; and as a lawyer, he successfully resolved an authorship dispute in federal court between a Connecticut museum and a former volunteer. In addition to giving annual speeches on cases decided by the US Supreme Court, Bryan speaks on the process of writing critical briefs. He is a member of the Fourth Circuit Judicial Conference.
Harvard Law School, 2005, Juris Doctor, Magna Cum Laude
University of Virginia, 2002, Bachelor of Arts, With Distinction
District of Columbia
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Eighth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the District of Columbia Circuit
Clerkship to the US Supreme Court (2007 - 2008)
Clerkship to the US Court of Appeals for the Fourth Circuit (2005 - 2006)
Awards and Affiliations
Recommended, Dispute resolution - Appellate - Supreme Court (federal and state), The Legal 500 US (2017)
Listed, American Bar Association, On the Rise - Top 40 Young Lawyers (2016)
Listed, Super Lawyers, Rising Star, Washington, D.C. (2014–2015)
Law Clerk, Justice Antonin Scalia, US Supreme Court
Bristow Fellow, U.S. Office of the Solicitor General
Law Clerk, Judge Paul V. Niemeyer, US Court of Appeals Fourth Circuit
Member, Fourth Circuit Judicial Conference
Editor and Supreme Court Chair, Harvard Law Review, Vols. 117-118
Duncan Clark Hyde Scholar (top student in Economics), University of Virginia