Brian Matsui is a partner in Morrison & Foerster LLP’s Appellate and Supreme Court Practice Group. He represents clients from a diverse set of industries in appellate litigation in both federal and state appellate courts.
Mr. Matsui has substantial experience in the federal courts of appeals, having represented clients in appeals in almost every federal appellate court. He has briefed and argued many cases in the Federal Circuit involving patent matters and in the Ninth Circuit on a wide range of issues. In particular, Mr. Matsui has significant experience on appeals to the Federal Circuit from decisions from the Patent Trial and Appeal Board, and he has represented leading financial services companies in appeals throughout the nation. In addition to his practice before the federal courts of appeals and state appellate courts, Mr. Matsui has been involved in more than 35 cases before the Supreme Court of the United States.
The National Law Journal named Mr. Matsui a “Minority 40 under 40” (2011), and he is currently recommended by Chambers USA and Legal 500 U.S. in the areas of Supreme Court and Appellate Litigation. Chambers USA (2015) explained: “Clients and market sources consider Brian Matsui a ‘terrific’ practitioner with a ‘warm and enthusiastic’ approach to matters.”
Mr. Matsui also maintains an active pro bono practice. He led the Morrison & Foerster team that was co-counsel for petitioner Terrance Graham in Graham v. Florida, 130 S. Ct. 2011 (2010)—a successful Eighth Amendment challenge to Florida’s imposition of a “life without the possibility of parole” sentence to a juvenile offender convicted of a non-homicide crime. He also successfully represented a putative class of foster care children in a high-profile abuse and neglect case in the Ninth Circuit in Henry A. v. Willden, 678 F.3d 991 (9th Cir. 2012).
Prior to entering private practice, Mr. Matsui clerked for Justice Anthony M. Kennedy of the Supreme Court of the United States, Judge Pamela Ann Rymer of the United States Court of Appeals for the Ninth Circuit, and Judge David F. Levi of the United States District Court for the Eastern District of California.
Mr. Matsui was the chair (from 2012-2015) and a member (from 2010-2016) of the ABA's seven-person Standing Committee for Amicus Curiae Briefs, which oversees preparation of ABA briefs for filing before the Supreme Court and other courts. He is currently co-chair of the amicus curiae brief committee for the National Asian Pacific American Bar Association. Mr. Matsui previously served a three-year term as an Appellate Lawyer Representative for the Ninth Circuit, having been selected by the Court of Appeals for that position. Mr. Matsui also previously served as a board member for the D.C. Circuit Historical Society.
While in law school, Mr. Matsui served as managing editor of Volume 51 of the Stanford Law Review, and was elected to the Order of the Coif.
The National Law Journal named Mr. Matsui as a "Minority 40 under 40" (2011), and he is recommended by Chambers USA and Legal 500 US in the areas of Supreme Court and Appellate Litigation (2011–2015) and Patent Litigation (2011).
"Clients and market sources consider Brian Matsui a ‘terrific’ practitioner with a ‘warm and enthusiastic’ approach to matters.” (Chambers USA 2015)
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