Brian C. Baldrate is an associate in the Washington D.C. office of Gibson, Dunn & Crutcher.  He is a member of the Litigation Department, where he focuses on white-collar criminal defense, complex commercial litigation, and government contracts litigation.   Mr. Baldrate represents corporate and individual clients in criminal and civil matters in state and federal court, before the Department of Justice, the Securities and Exchange Commission, as well as before various other federal boards and agencies.  His practice area includes matters involving public corruption, securities fraud, the False Claims Act, and the Foreign Corrupt Practices Act. 

Mr. Baldrate has extensive federal trial experience focused on defense and national security.  Prior to joining Gibson Dunn, Mr. Baldrate spent several years as a federal prosecutor for the Army.  He led numerous criminal investigations and prosecutions, including over 40 bench and jury trials both in military courts-martial and in U.S. District Court for the District of Colorado.  Mr. Baldrate deployed to Iraq where he led sensitive criminal investigations and prosecutions involving war crimes, fratricide, and detainee abuse.  In Iraq, he worked to restore the Iraqi judicial system and helped bring the first-ever trial before the Central Criminal Court of Iraq. For those efforts Mr. Baldrate was awarded the Bronze Star Medal. 

Mr. Baldrate also spent several years as a Special Assistant United States Attorney for the District of Columbia and a Special Trial Attorney for the Department of Justice.  In that capacity he successfully defended whistleblower actions relating to the award of an Iraqi oil contract, a multi-million dollar explosion action under the Federal Tort Claims Act, and the release of contractor data under the Trade Secrets Act.  He has also argued several appeals before the Court of Appeals for the D.C. Circuit.  Mr. Baldrate was recently selected to serve on the National Institute of Military Justice Board of Advisors.  Based on his numerous achievements he was also listed in Who’s Who in American Law, 2007-2008.

Mr. Baldrate earned his B.S. from the United States Military Academy at West Point where he graduated on the Dean's list as a distinguished cadet.  Following graduation from West Point Mr. Baldrate served as a cavalry officer where  he commanded a scout  platoon in helping defend and secure the Kuwait border.  Later, he attended law school under the Army's Funded Legal Education Program and earned his J.D. from the University of Connecticut School of Law where he was valedictorian and Editor-in-Chief of the Connecticut Law Review.  He simultaneously earned a masters in public administration from the University of Connecticut where he was the school's most outstanding graduate student.  Subsequently, Mr. Baldrate earned a LL.M from the Army Judge Advocate General's School in military law with a specialization in criminal law. 

Mr. Baldrate serves as an adjunct professor at George Mason School of Law teaching criminal procedure and pretrial practice. He is also a major in the U. S. Army Reserves.  Mr. Baldrate is a member of the bars of the District of Columbia and the State of Connecticut.  He is admitted to practice in the U. S. Supreme Court, the U. S. Court of Federal Claims and has appeared in various federal district courts including the Districts of Colorado, Hawaii, New Jersey, Oregon, and the District of Columbia.

Publications:

The Department of Justice's New Guidance on the Production of Exculpatory and Impeachment Evidence: A Piecemeal Approach to the Problem of Prosecutorial Misconduct, Bloomberg Law Reports, April 2010.

Recent Hedge Fund Enforcement Actions and Developments, Practicing Law Institute, (with Barry R. Goldsmith), September 2008.

Uncle Sam Wants You…Again, (Chapter) in The Veterans’ Survival Guide (2007)

Law and Order, (Chapter) in Letters from the Front Lines: Iraq and Afghanistan (2006)

The Supreme Court’s Role in Defining the Jurisdiction of Military Tribunals: A Study, Critique, & Proposal for Hamdan v. Rumsfeld, 186 Military Law Review 1 (2005)

Imperial Hubris: Why the West Is Losing the War on Terror (Review), The Army Lawyer, (Feb. 2005)

Agency Law and the Supreme Court’s Compromise on Hostile Environment Sexual Harassment, 31 Connecticut Law Review 1149 (1999)