Michael H. Brady

Partner; Co-Leader of Appellate Practice
Michael H. Brady
Richmond T: 804.977.3303 F: 804.762.6864
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Biography
Drawing on his prior public service, Mr. Brady focuses on representing clients who face serious legal, regulatory, and business risks from government action. He has won groundbreaking trial, appellate and administrative victories from state and federal trial and appellate courts and administrative tribunals on behalf of taxpayers, permittees, government contractors, landowners, public and private utilities, and private enterprises ranging from Fortune 50 companies to small, closely-held businesses and individuals.

A former Assistant Solicitor General of Virginia and a law clerk to the Supreme Court 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 public 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" (2022-2025)
  • Virginia Lawyers Weekly Go To Appellate Lawyer (2023)
  • Best Lawyers in America®, Appellate Practice, Commercial Litigation, Administrative/Regulatory and Environmental Law (2025-Present)


Memberships & Activities

  • Vice President: The Federalist Society for Law & Public Policy Studies, Richmond Lawyers Chapter
  • Member: John Marshall Inn of Court
  • 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.

Insights

Co-author: "At a glance: key environmental legislation in USA (District of Columbia, Virginia)," Lexology, December 2, 2025

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

January 30, 2026 - Articles

Client Alert: Virginia Supreme Court Clarifies Sovereign Immunity – Whiteford Secures Win in Ellis v. Jolley

  • In a victory for Whiteford’s Appellate Practice, the Supreme Court of Virginia clarified the scope of the sovereign immunity doctrine.
  • The case involved a municipal trash truck driver and whether he could be liable for negligence while on his route.
  • The Circuit Court ruled the driver was immune, but the Supreme Court disagreed.
  • The Court focused on whether the driver was exercising judgment and discretion beyond ordinary driving at the time of the accident.
  • The decision provides guidance for negligence cases involving municipal employees and vehicle operation.
  • The decision was a significant win for Whiteford’s client, allowing her to seek relief for her injuries.
July 2, 2024 - Articles

Client Alert: The End of Chevron Bias: A Tombstone No Federally Regulated Company Should Miss

For companies whose operations are subject to strict federal regulations – and particularly those that are facing or may be facing enforcement actions – take note. The U.S. Supreme Court may have just leveled the playing field. On Friday, June 28, 2024, the Supreme Court overturned a long-standing legal precedent that instructed courts to defer to federal agencies’ interpretations of ambiguous laws they administer. Instead, federal laws will be interpreted by the courts. Federal agencies will need to prove their cases, including enforcement actions where an arguably ambiguous statute is at issue. This is good news for businesses in the U.S.
April 29, 2023 - Newsletters

The Real Deal - Spring 2023

Pittsburgh's Rental Registration Program: Remedial or Repressive?

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
September 28, 2022 - Articles

Client Alert: IRS Will Determine Whether PPP Loans Properly Forgiven, Treat Improperly Forgiven Amounts as Income

As one of the authors noted in a previous alert, “the CARES Act provided that the forgiven amounts of Paycheck Protection Program (“PPP”) loans would not be includable in a PPP borrower’s gross income at the federal level, and subsequent legislation provided that expenses paid with PPP funds would still be tax deductible.”  Recent non-precedential guidance from the IRS’s Office of Associate Chief Counsel, however, has concluded that only properly forgiven amounts will not be treated as gross income by the IRS.  In short, the IRS intends to reach its own determination regarding the propriety of the decision of the U.S. Small Business Administration (“SBA”) to forgive PPP loan amounts.
August 20, 2026 - Honors & Awards

87 Whiteford Attorneys Recognized in Best Lawyers in America 2027

87 lawyers from Whiteford have been selected by their peers for inclusion in The Best Lawyers in America® 2027. The attorneys selected are based in the firm’s Delaware, Florida, Kentucky, Maryland, New York, Virginia and Washington, DC offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.
February 6, 2026 - News

Richmond Spotlight: Michael H. Brady

Michael Brady is Co-Leader of Whiteford’s Appellate Practice and heads up the Regulatory subsection of Whiteford’s Corporate and Business Law Section.
August 21, 2025 - News

83 Whiteford Attorneys Listed in Best Lawyers in America 2026

83 lawyers from Whiteford have been selected by their peers for inclusion in The Best Lawyers in America® 2026. The lawyers selected are based in the firm’s Delaware, Florida, Kentucky, Maryland, New York, Virginia and Washington, DC offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.