Brendan V. Johnson

605.335.1300

Partner

BJohnson@RobinsKaplan.com
605.335.1300

Co-Chair, American Indian Law and Policy Group;
Co-Chair, Government and Internal Investigations Group

BJohnson@RobinsKaplan.com
605.335.1300

Minneapolis Sioux Falls

Experience

Former United States Attorney for the District of South Dakota Brendan Johnson excels at finding creative solutions to seemingly intractable problems. An aggressive advocate, Mr. Johnson has spent his career trying cases, deposing hostile witnesses, and cross-examining experts. His courtroom advocacy led Shared Hope International, an organization dedicated to abolishing human trafficking, to describe Mr. Johnson as a “force of determination, initiative and skill…” Together, his unique background and skill set power his ability to guide clients to solutions that serve not only their legal interest, but also to safeguard their reputation in high stakes litigation.

Mr. Johnson’s experience comes from his time at the Department of Justice as well as his political and public advocacy work. While serving as the United States Attorney for the District of South Dakota, Mr. Johnson was selected by the Attorney General of the United States to chair the Department of Justice’s Native American Issues Subcommittee and to serve on the Attorney General’s Advisory Committee. He was also a member of the Justice Department’s Terrorism/National Security and Cybercrime Subcommittees. In addition, he was named one of the nation’s top 40 political rising stars under the age of 40 by the Washington Post, and Campaigns and Election listed him as one of the 500 most influential people in politics. Chambers USA lists Mr. Johnson nationally as an “Up and Coming” attorney, and Indian Country Today named him to their “Hot List” of attorneys.

Mr. Johnson has also received numerous awards for his advocacy. These include the University of South Dakota’s Women in Law Attorney of the Year Award, the South Dakota Violence Against Women Prosecutor of the Year Award and, following his successful argument in the case of United States v. Jungers in the Eighth Circuit Court of Appeals, Shared Hope’s 2014 Pathbreaker Award. When summarizing the impact of Mr. Johnson’s career with the Justice Department, former Attorney General Holder stated that, “As a lawyer and as a leader, Brendan has set a standard of excellence that will not soon be surpassed. Particularly with regard to public safety challenges on tribal lands, he has served as a key advisor to senior Justice Department officials-including me.”

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Named to Best Lawyers in America List (2020)
Named a "Notable Practitioner in Native American Law," Chambers USA (2018-2019)
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)

Bar Admissions

Minnesota
South Dakota
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, South Dakota

Education

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

Keloland Media Group," Robins Kaplan LLP Law Firm Advice on Choosing a Personal Injury Attorney” (October 15, 2018)
Keloland Media Group, "Brendan Johnson Announces Law Firm Expansion in Sioux Falls" (April 5, 2018)
The Washington Post, "3 S.D. Indian Tribes Sue Drugmakers over Opioid Addiction" (January 9, 2018)
Minneapolis Star-Tribune, "Upper Midwest Tribes File Suit over Opioid Crisis" (January 9, 2018)
CBS News, "Native American Tribes Sue Opioid Manufacturers, Distributors" (January 9, 2018)
Argus Leader, "South Dakota Tribes Sue Drugmakers Over Opioid Painkillers" (January 8, 2018)
The Bismarck Tribune, "Native American Tribes File Federal Lawsuit Against Opioid Industry" (January 8, 2018)
Argus Leader, "Lawsuit on behalf of brain damaged girl settles" (November 3, 2017)
Law360, "Tribal Leaders Look to Avoid Taint of Racer's $2B Fraud" (October 18, 2017)
The Atlantic, "Who Can Tribal Courts Try?" (December 7, 2015)
Supreme Court Brief, "Q&A: Questioning Justice and Jurisdiction in Indian Country" (December 1, 2015)
Indian Country Today Media Network, Former US Attorneys Hope to Level Playing Field for American Indians (June 6, 2015)

Eric Holder's Justice Department: People, Process, and Policies

Minnesota DFL Lawyers, Minneapolis, Minnesota (March 9, 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)

Strategies to Reduce Crime on Reservations

Indian Law and Order Commission, Arlington, Virginia (March 7, 2012)

Update on Efforts to Improve Public Safety in Indian Country

National Congress of America Indians Mid-Year Conference

Lincoln, Nebraska (July 18, 2012)

Changing Dynamics on the Reservations

National Intertribal Youth Summit

Chevy Chase, Maryland (July 30, 3012)

Update for Assistant United States Attorneys on Indian Country Strategies

Department of Justice National Advocacy Center,

Columbia, South Carolina (July 31, 2012)

National FBI Training on Domestic Violence
Instructor, Rapid City, South Dakota (May 11, 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)
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)
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)

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)
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)