Brad Hubbard is a partner in the Dallas office of Gibson, Dunn & Crutcher. He is a member of the firm’s Appellate and Constitutional Law Practice Group.
In 2023, Brad was recognized as a “Rising Star” appellate practitioner by Law360 in its feature of “attorneys under 40 whose legal accomplishments belie their age” and as one of Lawdragon’s “500 X – The Next Generation,” which recognizes “those who will define where the legal profession of our country goes” and “whose leadership will be called upon by businesses and individuals when they face their crossroads.” He was also recognized by Best Lawyers: Ones to Watch in America™ in Appellate Practice for 2022 and 2023.
Brad is a trusted appellate advocate and counselor. He has represented clients in their most complex, high-stakes, time-sensitive matters before the U.S. Supreme Court, the Texas Supreme Court, and state and federal courts of appeals throughout the country. Brad has presented argument before the Fifth and Tenth Circuits; second-chaired arguments in the Texas Supreme Court, the Fifth, Sixth, and Seventh Circuits, and the First, Fifth, and Fourteenth Texas Courts of Appeals; and conducted direct, cross, and redirect examination of witnesses at trial. Brad has successfully litigated cases involving arbitration, antitrust, class actions, the constitution, contracts, products liability, trade secrets, the False Claims Act, RICO, and state and federal criminal law.
Brad’s most significant victories include reversing the largest judgment in the history of the False Claims Act in the Fifth Circuit; prevailing in the Texas Supreme Court in a case of first impression about scope of section 230 of the Communications Decency Act; slashing a record-breaking $125 million verdict to less than $2 million in the Texas Supreme Court and Corpus Christi court of appeals and; reversing a half-billion-dollar jury verdict in the San Antonio court of appeals and preserving that win in the Texas Supreme Court; reversing a seven-figure verdict in the Texas Supreme Court; reversing an eight-figure verdict in the Dallas court of appeals; and prevailing in several eight-figure arbitration cases in the Fifth Circuit. Brad has also helped clients preserve significant wins in the U.S. Supreme Court, the Texas Supreme Court, and the Fifth, Sixth, and Seventh Circuits.
His pro bono victories include persuading a unanimous U.S. Supreme Court to reinstate his client’s religious-liberty claims against two Kansas police officers; defeating an Establishment Clause challenge to a justice of the peace’s volunteer chaplaincy program in the Fifth Circuit; protecting the First Amendment rights of the Kountze ISD cheerleaders in the Texas Supreme Court; and giving voice to crime victims and their families in a number of important criminal cases before the U.S. Supreme Court.
Recent Representative Matters:
Brad also maintains an active pro bono practice, focusing on religious liberty and crime victims’ rights. He received the firm’s 2021 Frank Wheat Memorial Award for his commitment to pro bono work. In addition to victories for Judge Mack, Ms. Sause, and the Kountze cheerleaders described above, Brad has also represented a number of crime victims and crime victims’ organizations before the U.S. Supreme Court—to make sure voice is given to the voiceless. This includes representing Pablo Castro’s children in his murderer’s RLUIPA challenge to Texas’s enforcement of his capital sentence. Justice Kavanaugh quoted our brief while questioning the advocates during oral argument, and Justice Thomas extensively cited (and quoted from) our brief in his dissenting opinion. Ramirez v. Collier, No. 21-5592, 142 S. Ct. 1264 (U.S. 2022). Brad also represented the victims’ families in Bucklew v. Precythe, No. 17-8151, 139 S. Ct. 1222 (U.S. 2019) (method of execution), and Kahler v. Kansas, No. 18-6135, 140 S. Ct. 1021 (U.S. 2020) (Kansas’s insanity test), a bipartisan coalition of members of congress in United States v. Briggs, No. 19-108, 141 S. Ct. 467 (U.S. 2020) (statute of limitations for rape under Uniform Code of Military Justice), and prominent victims’ rights organizations in Kansas v. Boettger, No. 19-1051 (U.S.) (state statute proscribing violent threats), and Arizona v. Goodman, No. 18-391 (U.S.) and Arizona v. Martinez, No. 16-1489 (U.S.) (denial of bail to sex offenders).
In addition, Brad recently represented Senators Dianne Feinstein, Jon Kyl, and Orrin Hatch—the drafters and co-sponsors of Crime Victims’ Rights Act—in a case brought by Courtney Wild, one of Jeffrey Epstein’s victims, both before the U.S. Supreme Court and the en banc Eleventh Circuit, where Judge Hull dedicated two pages of her dissenting opinion to the arguments presented in our brief. Ms. Wild, represented by Judge Paul Cassell, alleged that federal prosecutors violated her right to confer with and be treated fairly by prosecutors by secretly negotiating a non-prosecution agreement with Epstein in 2007. Wild v. U.S. District Court for the Southern District of Florida, No. 21-351 (U.S.); In re Courtney Wild, No. 19-13843, 994 F.3d 1244 (11th Cir. 2021) (en banc).
Brad served as one of the inaugural law clerks to the Honorable James C. Ho of the U.S. Court of Appeals for the Fifth Circuit. And, before joining the firm, Brad served as a law clerk to the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Brad graduated with Honors from the University of Chicago Law School in 2013, where he served as Managing Editor of The University of Chicago Law Review. He was a Kirkland & Ellis Scholar and a member of the Order of the Coif. While at the Law School, he was a John M. Olin Fellow in Law and Economics and received the Chicago Bar Association Federal Tax Section’s Award for Academic Achievement in Taxation. Brad received his Bachelor’s and Master’s in Accountancy, summa cum laude, from the University of Missouri, where he was a four-year letter winner and captain of the nationally ranked men’s swim team.
He is a member of the Texas bar and is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the Third, Fifth, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits, and the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas.
University of Chicago - 2013 Juris Doctor
University of Missouri - 2010 Bachelor of Science
University of Missouri - 2010 Master of Accounting