Sioux Falls South Dakota Attorney Brendan Johnson

Brendan V. Johnson

Partner
Member of Executive Board; Chair, National Business Litigation Group; Co-Chair, Government and Internal Investigations Group

Overview

Brendan Johnson is a nationally recognized trial lawyer and former United States Attorney who represents businesses, institutions, and individuals in consequential disputes and investigations across the country. Clients turn to Brendan when the stakes are significant, the facts are complex, and trial readiness matters. He has been recognized by Forbes as one of America's Top 200 Lawyers and has earned national recognition for his work as a trial lawyer, investigator, and advocate.

Before joining Robins Kaplan, Brendan served as the United States Attorney for the District of South Dakota, where he led federal prosecutions and investigations involving financial fraud, public corruption, violent crime, and significant regulatory matters. That experience continues to inform his work in government investigations, internal investigations, financial fraud matters, and other high-profile disputes involving allegations of misconduct.

Business, Financial Services & High-Stakes Litigation

As Chair of the firm's National Business Litigation Group, Brendan handles complex business litigation for public and private companies. His recent work includes serving as lead trial counsel in a financial-services business dispute that resulted in a ten-figure arbitration award. Clients turn to him to handle:

  • Complex business disputes nationwide.
  • Financial fraud, shareholder disputes, and class actions.
  • Matters involving substantial financial exposure and reputational risk.

Government Investigations, Internal Investigations & White Collar Defense

Brendan is routinely called upon to handle matters involving substantial financial exposure, reputational risk, and issues of public importance. Some examples of this work include:

  • Representing clients in government investigations and internal investigations.
  • High-profile disputes involving allegations of misconduct.
  • Extensive experience on financial fraud and regulatory matters.

Significant Contingency and Plaintiff Recoveries

A major portion of Brendan's practice involves high-stakes contingency representations, for clients who seek not only exceptional advocacy, but a lawyer willing to invest alongside them in the pursuit of a successful outcome. His experience handling both plaintiff-side and defense-side matters sharpens how he evaluates risk and positions cases for trial or resolution.

Catastrophic Injury Trial Counsel

Lawyers across South Dakota refer their most serious injury cases to Brendan when a matter is headed for trial. 

  • He serves as trial counsel in catastrophic injury and wrongful death cases.
  • He tries medical malpractice claims, including matters that reach a jury verdict.
  • He welcomes co-counsel and referral arrangements with lawyers across the region.

A Trial Lawyer's Approach

Known for his ability to simplify complex facts and develop persuasive narratives, Brendan is frequently retained for matters expected to proceed to trial or requiring sophisticated strategic judgment. He approaches every case with the mindset of a trial lawyer, preparing matters from day one as though they will ultimately be decided by a judge, jury, or arbitrator.

Whether representing a family affected by a catastrophic loss, a company facing a bet-the-company dispute, an executive navigating an investigation, or a business pursuing a significant financial recovery, Brendan brings the same approach to every engagement: understand the facts, develop the strongest possible strategy, prepare relentlessly, and be ready to try the case.

Brendan serves on the firm's Executive Board and is Chair of the National Business Litigation Group, Co-Chair of the Government and Internal Investigations Group, and Hiring Partner in Minneapolis.

Credentials

Education

  • University of Virginia School of Law, J.D. (2001)
  • University of South Dakota, B.S. (1998)

Selected Results

Representative Matters

BUSINESS LITIGATION, FINANCIAL SERVICES & CLASS ACTIONS

Ten-Figure Arbitration Award – Financial Services Business Divorce

Lead trial counsel in a high-stakes business divorce involving ownership, governance, and breach of fiduciary duty disputes in the financial services sector, obtaining a ten-figure arbitration award on behalf of clients.

Commodities and Futures Arbitration

Lead trial counsel for a family-owned agricultural operation in a dispute against a futures broker and clearing firm involving commodities trading, agricultural hedging, brokerage obligations, and financial-services issues. Following a four-day arbitration hearing, the parties reached a favorable confidential resolution.

Trust Company Litigation

Lead trial counsel for a national trust company in a jury trial involving trust administration and fiduciary issues. Following trial, the matter was resolved through settlement resulting in dismissal of all claims without any payment by the client.

Nationwide Class Action Defense

Serves as lead counsel for defendants in nationwide and putative nationwide class actions involving financial services, consumer protection statutes, warranty disputes, and alleged product defects. These matters involve significant financial exposure, complex expert issues, and claims asserted on behalf of consumers across multiple jurisdictions.

HIGH-STAKES NATIONAL LITIGATION

Obtained $589 Million Settlement in Landmark National Opioid Litigation on Behalf of Tribal Nations

Represented Tribal Nations in landmark national opioid litigation, helping secure a $589 million settlement against major opioid manufacturers and distributors.

GOVERNMENT INVESTIGATIONS, INTERNAL INVESTIGATIONS & WHITE COLLAR DEFENSE

Confidential Investigations and Enforcement Matters

Successfully resolved confidential government investigations, internal investigations, and white collar defense matters on behalf of corporations, executives, public officials, and governmental entities. Matters have involved allegations of public corruption, misconduct, and other high-stakes enforcement matters, many of which concluded without public charges, litigation, or adverse findings. 

MEDICAL MALPRACTICE, WRONGFUL DEATH & CATASTROPHIC INJURY

Confidential Recoveries

Obtained confidential settlements and verdicts totaling many millions of dollars on behalf of individuals and families in medical malpractice, wrongful death, and catastrophic injury litigation. Representations have included claims involving delayed or missed diagnoses, birth injuries, traumatic brain and spinal cord injuries, burn injuries, and other serious injuries. Many of the most substantial recoveries remain confidential pursuant to settlement agreements.

$2.5 Million Medical Malpractice Wrongful Death Jury Verdict

Lead trial counsel for the family of a 42-year-old mother who died from a pulmonary embolism after seeking medical treatment for fatigue and shortness of breath. Obtained a $2.5 million jury verdict in a medical malpractice and wrongful death case involving the failure to diagnose a life-threatening blood clot.

Municipal Wrongful Death Litigation

Successfully represented the family of a five-year-old child in a wrongful death and premises liability action arising from a fatal drowning at a public park. The case involved claims against a municipal entity concerning known safety hazards, failure to warn, and public-park safety.

CIVIL RIGHTS & CONSTITUTIONAL LITIGATION

Federal Civil Rights Jury Verdict

Lead trial counsel for Native American plaintiffs in a landmark federal civil rights lawsuit against the Grand Gateway Hotel. Following a federal jury trial, the jury found defendants liable for intentional racial discrimination and awarded punitive damages to affected plaintiffs. The case addressed equal access to public accommodations, Native American civil rights, and accountability for discriminatory business practices.

Civil Rights and Constitutional Litigation Against State Government

Lead counsel for a nonprofit advocacy organization in a civil rights and constitutional law challenge against a state government arising from the termination of a public-health services contract. The litigation involved claims concerning equal protection, unlawful discrimination, government contracting, and access to healthcare services. The matter concluded with a favorable settlement that included monetary compensation and commitments regarding future nondiscriminatory treatment and a public apology.

Recognition

  • Listed in The Best Lawyers in America List (2020-2027 editions)
  • Listed in “500 Leading Litigators in America,” Lawdragon (2023-2027)
  • Listed in “500 Leading Global Investigations Lawyers,” Lawdragon (2026)
  • Named to "Best-in-State Lawyers" list, Forbes (2025)
  • Named the "2024 South Dakota Trial Lawyer of the Year," South Dakota Trial Lawyers Association (2024)
  • Listed in "Top 200 Lawyers in the United States," Forbes (2024-2025)
  • Named a "Leading Practitioner in Native American Law," Chambers USA (2018-2026)
  • Named a "Leading Practitioner in General Commercial Litigation," Chambers USA (2024-2026)
  • Listed in "500 Leading Plaintiff Consumer Lawyers" List, Lawdragon (2023-2026)
  • Listed in "Top Influencers in South Dakota," Ballotpedia (2022)
  • "Diversity and Inclusion Award," State Bar of South Dakota (2022)
  • Named a “North Star Lawyer” by the Minnesota State Bar Association for providing at least 50 hours of pro bono legal services (2022)
  • Named a "Litigation Trailblazer," The National Law Journal (2021)
  • Named an "Up-and-Coming Attorney" in Native American Law, Chambers (2017)
  • Named to Indian Country Business Today’s “Hot List” (2016)
  • "Pathbreaker of the Year," Shared Hope International  (2014)
  • "Top 40 Politicians Under the Age of 40," Washington Post (2014)
  • "Top 500 Most Influential in Politics," Campaigns and Elections Magazine (2013)
  • "Attorney of the Year," University of South Dakota Women in Law (2013)
  • "South Dakota Violence Against Women Prosecutor of the Year” (2013)
  • Harry S. Truman Scholar (1993)

News & Insights

In the News

Speeches

  • CTLC Annual Conference: Litigation Update Panel
    Conference of Tribal Lending Commissioners (CTLC) Annual Conference, Las Vegas, Nevada (March 23, 2026)
  • CTLC Annual Conference: Litigation Update Panel
    Conference of Tribal Lending Commissioners (CTLC) Annual Conference, Las Vegas, Nevada (March 10, 2025)
  • Identifying Opportunities: Affirmative Recovery Strategies
    Association of Corporate Counsel Minnesota CLE (August 6, 2024)
  • Section 1983 Litigation: Bringing Accountability to Those Used to Having Their Way
    Robins Kaplan LLP Section 1983 Litigation Luncheon (April 3, 2024)
  • CTLC Annual Conference: Litigation Overview
    Conference of Tribal Lending Commissioners (CTLC) Annual Conference, Las Vegas, Nevada (March 11, 2024)
  • Update on the United States Department of Justice and Tribal Lending
    Conference of Tribal Lending Commissioners (CTLC) Annual Conference, Las Vegas, Nevada (April 3, 2023)
  • The Future of Tribal Sovereignty: Implications of Oklahoma vs. Castro-Huerta
    George Mason University Law & Economics Center, Webinar (August 25, 2022)
  • CTLC Annual Conference Moderator
    Conference of Tribal Lending Commissioners (CTLC) Annual Conference, Webinar (April 19, 2022)
  • Tribal Futures: How Can Public Policy Support Native American Economic Development?
    Mitchell Hamline School of Law Journal of Public Policy and Practice, Webinar (February 11, 2022)
  • Celebrating Native American Heritage Month - Current Issues on American Indian Law and Policy 
    Hennepin County Bar Association, Webinar (November 29, 2021)
  • Current Issues on American Indian Law and Policy 
    In-House CLE for a Financial Institution (October 12, 2021)
  • State and Local Government Tribal Lending Law Panel 2: Defending the Tribes
    American Bar Association, Webinar (August 5, 2021)
  • Defending the Protectors of the Sacred: Standing Rock, Black Hills, Mauna Kea
    Arizona Bar Association, Webinar (December 2, 2020)
  • Regulatory Review: Election Analysis
    Online Lenders Alliance Tribal Lending Conference, Webinar (December 1, 2020)
  • Representations of Wealth Planning and Conflict in Film and Literature: What Can We Learn from Such Depictions?
    Robins Kaplan LLP Wealth Planning, Administration, and Disputes Annual CLE, Webinar (October 7, 2020)
  • Former U.S. Attorney, Chamber president talk marijuana legalization
    Sioux Falls Argus Leader (October 5, 2020)
  • Regulation, Jurisdiction and Compliance
    Sixth Annual Tribal Government E-Commerce Conference, Chandler, Arizona (January 30, 2020)
  • Minimizing Fiduciary Risk and Litigation
    South Dakota Trust Association Fall Forum, Augustana University, Sioux Falls, South Dakota (October 17, 2018)
  • Tribal Consultation Under the Trump Administration
    Tribal Law Institute – CLE International, Scottsdale, Arizona (October 11, 2018)
  • Strategies to Address Human Trafficking at the Sturgis Motorcycle Rally
    South Dakota Trust Association Fall Forum, Vermillion, South Dakota (September 27, 2018)
  • Tribal Cannabis and Hemp Ventures Answers or More Questions
    Native American Finance Officers Association, New Orleans, Louisiana (April 24, 2018)
  • The Department of Justice under President Trump: Cannabis and Other Priorities Impacting Indian Country
    National Indian Gaming Association Convention, Las Vegas, Nevada (April 18, 2018)
  • The Future of Tribal Financial Regulation
    Wiring the Rez: Innovative Strategies for Business Development via E-Commerce CLE Conference, Chandler, Arizona (February 1, 2018)
  • Sovereign Immunity at the PTAB Gimmick or Genius
    Intellectual Property Owners Association, Webinar (October 24, 2017)
  • Sovereign Immunity at the PTAB
    Intellectual Property Owners Association, Webinar (October 11, 2017)
  • A Legal Tale: The Politics & Policies of Cannabis in Indian Country
    National Indian Gaming Association Convention,San Diego, California (April 11, 2017)
  • Tribal Cannabis State of Play
    Victor Strategies Tribal Cannabis & Hemp Symposium, Tulalip Reservation, Seattle, Washington (November 2, 2016)
  • Human Trafficking and Major Sports Events
    Robins Kaplan LLP Trial Advocacy Seminar (October 13, 2016)
  • The Future of Tribal Lending
    Lenders Alliance, Washington, D.C. (July 26, 2016)
  • The Future of Tribal Economic Development
    National Center for American Indian Enterprise Development, Tulsa, Oklahoma (July 12, 2016)
  • Update on Cannabis Law
    National Reservation Economic Summit Las Vegas, Nevada (March 23, 2016)
  • Eric Holders Justice Department People Process and Policies
    Mitchell Hamline Alumni CLE, St. Paul, Minnesota (March 10, 2016)
  • Eric Holder's Justice Department: People, Process, and Policies
    Minnesota DFL Lawyers, Minneapolis, Minnesota (March 9, 2016)
  • Update on Criminal Justice Issues in Indian Country
    Spokane Bar Association Spokane, Washington (March 4, 2016)
  • Human Trafficking in Indian Country
    Gonzaga Native American Law Students Association and Gonzaga Journal of International Law, Spokane, Washington (March 3, 2016)
  • The Future of Water Rights in Indian Country
    Great Plains Tribal Water Alliance, Pierre, South Dakota (December 2, 2015)
  • Eric Holder's Justice Department: People and Policies
    Massachusetts Bar Association, Boston, Massachusetts (October 6, 2015)
  • Homegrown Human Trafficking in the Heartland
    Minnesota Criminal Justice Institute, St. Paul, Minnesota (August 17, 2015)
  • Human Trafficking and Native American Victims
    National Congress of American Indians, St. Paul, Minnesota (June 29, 2015)
  • Reflections on Department of Justice Cases in South Dakota
    Black Hills Forum and Press Club, Rapid City, South Dakota (June 26, 2015)
  • Overview of South Dakota Litigation
    South Dakota Trial Lawyers Association, Rapid City, South Dakota (June 18, 2015)
  • Shared Hope International’s Human Trafficking Conference
    Keynote Speaker, Washington, D.C. (November 7, 2014)
  • Human Trafficking in Indian Country
    Four Corners Tribal Public Safety Conference, Flagstaff, Arizona (August 28, 2014)
  • Coordinating a Successful Human Trafficking Investigation and Prosecution
    Human Trafficking Training for Law Enforcements, Phoenix, Arizona (August 26, 2014)
  • The Future of Prosecuting Healthcare Fraud
    Information Security Media Group Podcast (August 5, 2014)
  • State Bar Association of South Dakota Annual Conference
    Keynote Speaker, Sioux Falls, South Dakota (June 20, 2014)
  • Update for Assistant United States Attorneys on Indian Country Strategies
    Department of Justice National Advocacy Center, Columbia, South Carolina (July 31, 2012)
  • Changing Dynamics on the Reservations
    National Intertribal Youth Summit, Chevy Chase, Maryland (July 30, 3012)
  • Update on Efforts to Improve Public Safety in Indian Country
    National Congress of America Indians Mid-Year Conference, Lincoln, Nebraska (July 18, 2012)
  • Strategies to Reduce Crime on Reservations
    Indian Law and Order Commission, Arlington, Virginia (March 7, 2012)
  • Tribal Law and Order Act One Year Later: Have We Improved Public Safety and Justice Throughout Indian Country?
    United States Senate India Affairs Committee, Department of Justice Witness (September 22, 2011)
  • Overview of Indian Country Law
    State Bar Association of South Dakota and Committee on Continuing Legal Education, Sioux Falls, South Dakota (June 23, 2011)
  • National FBI Training on Domestic Violence
    Instructor, Rapid City, South Dakota (May 11, 2011)
  • Crime Trends in South Dakota
    Regional FBI Management Meeting, Brainerd, Minnesota (June 25, 2010)
  • A Primer on Federal Criminal Jurisdiction for the National Media
    University of New Mexico School of Law, Albuquerque, New Mexico (June 25, 2010)
  • The Future of Federal Law Enforcement in Indian Country
    National Congress of American Indians (June 21, 2010)

Media Mentions

Admissions

  • Minnesota
  • New York
  • South Dakota
  • Oglala Sioux Nation Supreme Court
  • Yankton Sioux Tribal Court
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. District Court, District of Minnesota
  • U.S. District Court, District of North Dakota
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, South Dakota

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