Partner
Tillman Breckenridge
- UVA, J.D. (2001)
- UVA, B.A. (1998)
Tillman Breckenridge is an experienced appellate lawyer whose practice includes a diverse range of matters. In 2018, he became the youngest fellow ever—and the first under 40—elected to the American Academy of Appellate Lawyers.
Tillman has represented companies, organizations, individuals, and foreign, state, and local governments before the United States Supreme Court, every federal court of appeals, and several state courts, such as the Supreme Court of Virginia, the California Courts of Appeal, and the Illinois Courts of Appeal.
His work has led to numerous honors. He has been named to Savoy Magazine’s Most Influential Black Lawyers in America; an honorary member of the Order of the Barristers; a Washington, D.C. SuperLawyer; and a member of Virginia’s Legal Elite. He is an elected fellow of the American Academy of Appellate Lawyers.
Outside of his private practice, Tillman has served as an adjunct professor of law at William and Mary Law School, where he founded the Appellate & Supreme Court Clinic. And he regularly speaks on appellate and related topics.
Tillman earned his J.D. from the University of Virginia School of Law, where he argued (successfully) his first appeal as a third-year student in the U.S. Court of Appeals for the Fourth Circuit in a case that presented an issue of first impression.
Tillman has represented clients in a diverse array of appellate litigation in courts throughout the nation.
APPELLATE LITIGATION
O'Connor v. McKesson Corp (Tenth Circuit)
Served as lead appellate counsel for the State of Oklahoma seeking relief for Oklahomans harmed by McKesson Corporation’s grossly excessive distribution of opioids. After briefing and oral argument, the case settled for $250+ million.
McKiver v. Murphy-Brown, LLC (Fourth Circuit)
Served as lead appellate counsel in successful defense of nuisance cases that generated over $500 million in jury verdicts for neighbors of hog farms.
Allen v. Greatbanc Trust Co. (Seventh Circuit)
Served as lead appellate counsel, successfully reviving ERISA prohibited transaction claims. The precedent-setting decision established important pleading standards in ESOP cases.
Walmart v. Quarterfield Partners (Fourth Circuit)
Served as lead appellate counsel for Walmart defending trial court victory in commercial real estate contract dispute. After briefing and argument, the court dismissed Quarterfield’s interlocutory appeal for lack of jurisdiction.
United States v. Lebedev (Second Circuit)
Argued criminal appeal regarding bank fraud and wire fraud convictions.
Massie v. Mena (Ninth Circuit and U.S. Supreme Court)
Served as lead appellate and Supreme Court counsel in important qualified immunity case, successfully overcoming defense asserted by police officer.
Powell v. Huntington National Bank (Fourth Circuit)
Argued successful appeal of case interpreting West Virginia Consumer Protection Act.
TRIAL CONSULTING
Johnson v. HCR ManorCare, LLC (Circuit Court of Harrison County, WV)
Served as trial consultant for 3-week medical malpractice trial on behalf of nursing home company.
PrimeSource Building Prods. v. Huttig Building Prods. (Seventh Circuit and N.D. Ill.)
Served as lead counsel in appeal of injunction against business practices in trade secrets case and advised regarding trial court strategy to defeat injunction.
Wells Fargo Ins. Svcs. v. McQuate (U.S.D.C. D. Colo.)
Served as trial consultant for one-week trade secrets trial.
AMICUS BRIEFING
NCAA v. Alston (U.S. Supreme Court)
Prepared amicus brief on behalf of African American Antitrust Lawyers arguing that NCAA’s purported pro-competitive justification conflicts with its mission of providing opportunities for education. Brief favorably cited by Justice Kavanaugh in his concurrence, garnering national media attention.
Riley v. California (U.S. Supreme Court)
Prepared amicus brief on behalf of 33 Criminal Law Professors that was relied on by the Court in its opinion. The brief discussed the potential use of Faraday bags and aluminum foil to prevent remote wiping of cell phone data.
Manuel v. City of Joliet (U.S. Supreme Court)
Prepared amicus brief on behalf of DRI – The Voice of the Defense Bar on whether malicious prosecution is a cognizable claim under the Fourth Amendment in Section 1983 cases.
Wayfair v. South Dakota (U.S. Supreme Court)
Prepared amicus brief on behalf of the State and Local Legal Center, which includes the National Governors Association, the National Conference of State Legislatures, the Council of State Governments, the National Association of Counties, and the National League of Cities.
- 2022 National Foundation for Judicial Excellence Symposium: Public Confidence in the Judiciary and the Rule of Law – Moderator of panel with Hon. Allison H. Eid, U.S.C.A. Tenth Circuit, Hon. Susan P. Graber, U.S.C.A. Ninth Circuit, and Hon. Leslie H. Southwick, U.S.C.A. Fifth Circuit
- 2022 North Carolina Bar Association Appellate Section: How to Build an Appellate Practice – Panel
- 2022 Virginia Trial Lawyers Association Annual Convention: Started From the Bottom: Preserving Error in the Trial Court So Your Whole Appeal is Heard
- 2022 American Academy of Appellate Lawyers Winger Meeting
- 2022 DRI Litigation Skills Seminar: What to Do After the Nuclear Verdict: Appeal Strategies – Panelist
- 2021 Copyright Society Panel: Unicolors v. H&M
- 2021 Virginia Bar Association Appellate Summit: Practicing in the Fourth Circuit – Panel with Hon. Pamela Harris, U.S.C.A. Fourth Circuit and Patricia S. Connor, Clerk, U.S.C.A. Fourth Circuit
- 2021 Corporate Counsel Roundtable: Getting the Best Out of the Appellate Courts – Winning Appeals and Shaping the Law – Moderator of panel with Chad Pekron, Managing Counsel – Appeals & Strategic Litigation at Walmart and Adam Deckinger, Head of Litigation at Tyson Foods
- 2021 American Academy of Appellate Lawyers Fall Meeting: Law Firm Culture Post-Pandemic – Moderator of panel
- 2021 Lawline: Alston v. NCAA: Applying Antitrust Law to the Billion Dollar World of College Sports – Panelist
- 2021 Sidley: NCAA v. Alston: Moving the Ball Forward for Student Athlete Compensation
- 2021 DRI Toxic Torts Seminar: A Year in Review: Jurisdiction and Removability – Panelist
- 2021 New York City Bar Association: NCAA v. Alston – Panelist
- National Foundation for Judicial Excellence – President; Board of Directors
- Edward Coke Appellate Inn of Court – Master
- American Academy of Appellate Lawyers – Fellow; Chair of Drew Days Committee on Diversity
- National Bar Association
- Virginia Bar Association – Appellate Council
Savoy Magazine – America’s Most Influential Black Lawyers
National Bar Association – 40 Under 40
Just the Beginning Foundation – 20 Under 40
ACLU of Southern California Criminal Justice Award
Washington D.C. SuperLawyers
Virginia’s Legal Elite
1717 K Street, NW, Suite 900
Washington, DC 20006
Overview
Tillman Breckenridge is an experienced appellate lawyer whose practice includes a diverse range of matters. In 2018, he became the youngest fellow ever—and the first under 40—elected to the American Academy of Appellate Lawyers.
Tillman has represented companies, organizations, individuals, and foreign, state, and local governments before the United States Supreme Court, every federal court of appeals, and several state courts, such as the Supreme Court of Virginia, the California Courts of Appeal, and the Illinois Courts of Appeal.
His work has led to numerous honors. He has been named to Savoy Magazine’s Most Influential Black Lawyers in America; an honorary member of the Order of the Barristers; a Washington, D.C. SuperLawyer; and a member of Virginia’s Legal Elite. He is an elected fellow of the American Academy of Appellate Lawyers.
Outside of his private practice, Tillman has served as an adjunct professor of law at William and Mary Law School, where he founded the Appellate & Supreme Court Clinic. And he regularly speaks on appellate and related topics.
Tillman earned his J.D. from the University of Virginia School of Law, where he argued (successfully) his first appeal as a third-year student in the U.S. Court of Appeals for the Fourth Circuit in a case that presented an issue of first impression.
Representative Matters
Tillman has represented clients in a diverse array of appellate litigation in courts throughout the nation.
APPELLATE LITIGATION
O'Connor v. McKesson Corp (Tenth Circuit)
Served as lead appellate counsel for the State of Oklahoma seeking relief for Oklahomans harmed by McKesson Corporation’s grossly excessive distribution of opioids. After briefing and oral argument, the case settled for $250+ million.
McKiver v. Murphy-Brown, LLC (Fourth Circuit)
Served as lead appellate counsel in successful defense of nuisance cases that generated over $500 million in jury verdicts for neighbors of hog farms.
Allen v. Greatbanc Trust Co. (Seventh Circuit)
Served as lead appellate counsel, successfully reviving ERISA prohibited transaction claims. The precedent-setting decision established important pleading standards in ESOP cases.
Walmart v. Quarterfield Partners (Fourth Circuit)
Served as lead appellate counsel for Walmart defending trial court victory in commercial real estate contract dispute. After briefing and argument, the court dismissed Quarterfield’s interlocutory appeal for lack of jurisdiction.
United States v. Lebedev (Second Circuit)
Argued criminal appeal regarding bank fraud and wire fraud convictions.
Massie v. Mena (Ninth Circuit and U.S. Supreme Court)
Served as lead appellate and Supreme Court counsel in important qualified immunity case, successfully overcoming defense asserted by police officer.
Powell v. Huntington National Bank (Fourth Circuit)
Argued successful appeal of case interpreting West Virginia Consumer Protection Act.
TRIAL CONSULTING
Johnson v. HCR ManorCare, LLC (Circuit Court of Harrison County, WV)
Served as trial consultant for 3-week medical malpractice trial on behalf of nursing home company.
PrimeSource Building Prods. v. Huttig Building Prods. (Seventh Circuit and N.D. Ill.)
Served as lead counsel in appeal of injunction against business practices in trade secrets case and advised regarding trial court strategy to defeat injunction.
Wells Fargo Ins. Svcs. v. McQuate (U.S.D.C. D. Colo.)
Served as trial consultant for one-week trade secrets trial.
AMICUS BRIEFING
NCAA v. Alston (U.S. Supreme Court)
Prepared amicus brief on behalf of African American Antitrust Lawyers arguing that NCAA’s purported pro-competitive justification conflicts with its mission of providing opportunities for education. Brief favorably cited by Justice Kavanaugh in his concurrence, garnering national media attention.
Riley v. California (U.S. Supreme Court)
Prepared amicus brief on behalf of 33 Criminal Law Professors that was relied on by the Court in its opinion. The brief discussed the potential use of Faraday bags and aluminum foil to prevent remote wiping of cell phone data.
Manuel v. City of Joliet (U.S. Supreme Court)
Prepared amicus brief on behalf of DRI – The Voice of the Defense Bar on whether malicious prosecution is a cognizable claim under the Fourth Amendment in Section 1983 cases.
Wayfair v. South Dakota (U.S. Supreme Court)
Prepared amicus brief on behalf of the State and Local Legal Center, which includes the National Governors Association, the National Conference of State Legislatures, the Council of State Governments, the National Association of Counties, and the National League of Cities.
Speaking Engagements
- 2022 National Foundation for Judicial Excellence Symposium: Public Confidence in the Judiciary and the Rule of Law – Moderator of panel with Hon. Allison H. Eid, U.S.C.A. Tenth Circuit, Hon. Susan P. Graber, U.S.C.A. Ninth Circuit, and Hon. Leslie H. Southwick, U.S.C.A. Fifth Circuit
- 2022 North Carolina Bar Association Appellate Section: How to Build an Appellate Practice – Panel
- 2022 Virginia Trial Lawyers Association Annual Convention: Started From the Bottom: Preserving Error in the Trial Court So Your Whole Appeal is Heard
- 2022 American Academy of Appellate Lawyers Winger Meeting
- 2022 DRI Litigation Skills Seminar: What to Do After the Nuclear Verdict: Appeal Strategies – Panelist
- 2021 Copyright Society Panel: Unicolors v. H&M
- 2021 Virginia Bar Association Appellate Summit: Practicing in the Fourth Circuit – Panel with Hon. Pamela Harris, U.S.C.A. Fourth Circuit and Patricia S. Connor, Clerk, U.S.C.A. Fourth Circuit
- 2021 Corporate Counsel Roundtable: Getting the Best Out of the Appellate Courts – Winning Appeals and Shaping the Law – Moderator of panel with Chad Pekron, Managing Counsel – Appeals & Strategic Litigation at Walmart and Adam Deckinger, Head of Litigation at Tyson Foods
- 2021 American Academy of Appellate Lawyers Fall Meeting: Law Firm Culture Post-Pandemic – Moderator of panel
- 2021 Lawline: Alston v. NCAA: Applying Antitrust Law to the Billion Dollar World of College Sports – Panelist
- 2021 Sidley: NCAA v. Alston: Moving the Ball Forward for Student Athlete Compensation
- 2021 DRI Toxic Torts Seminar: A Year in Review: Jurisdiction and Removability – Panelist
- 2021 New York City Bar Association: NCAA v. Alston – Panelist
Associations
- National Foundation for Judicial Excellence – President; Board of Directors
- Edward Coke Appellate Inn of Court – Master
- American Academy of Appellate Lawyers – Fellow; Chair of Drew Days Committee on Diversity
- National Bar Association
- Virginia Bar Association – Appellate Council
Awards
Savoy Magazine – America’s Most Influential Black Lawyers
National Bar Association – 40 Under 40
Just the Beginning Foundation – 20 Under 40
ACLU of Southern California Criminal Justice Award
Washington D.C. SuperLawyers
Virginia’s Legal Elite
