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. Mr. Johnson was recognized by Chambers USA in Nationwide Band 1 for Native American Law and Indian Country Today named him to their “Hot List” of attorneys. In ranking him in tier one nationally, Chambers USA quoted a recent client saying, "Brendan has excellent judgment. He is one of the most gifted trial attorneys I have seen work." The National Law Journal also selected Mr. Johnson as a 2021 National Litigation Trailblazer.

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 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.”

Mr. Johnson serves as a member of the firm’s Executive Board and Co-Chair of both the Government and Internal Investigation Group and American Indian Law and Policy Group.

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Named a "Leading Practitioner in Native American Law," Chambers USA (2018-2023)
Named "Band 2" in General Commercial Litigation - South Dakota, Chambers USA (2023)
Listed in “500 Leading Litigators in America,” Lawdragon (2022-2023)
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)
Listed in The Best Lawyers in America List (2020-2023 editions)
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)

The Wall Street Journal, "South Dakota Tribe Sues the U.S. for More Police, Citing 19th-Century Treaties" (March 4, 2023)
Law360, "Judge Won't Consolidate Racial Bias Suits Against SD Hotel" (February 15, 2023)
The South Dakota Standard, "U.S. Dept. of Justice files civil suit against Rapid City’s Grand Gateway Hotel, alleging racist treatment against Natives" (October 19, 2022)
Indianz.com, "Business in South Dakota sued over racial discrimination against Native patrons" (October 19, 2022)
Sioux Falls Argus Leader, "Wholestone court fight could go to trial after November election" (October 19, 2022)
Agweek, “Judge blocks permits for Sioux Falls butcher shop on the site of a planned pork processing plant” (October 11, 2022)
Sioux Falls Business, “Judge rules city should not have issued permits for Wholestone’s ‘boutique’ butcher shop” (October 11, 2022)
Dakota News Now, "Group files lawsuit against Wholestone and City of Sioux Falls" (September 9, 2022)
Grand Forks Herold, "Legal fight over Sioux Falls pork plant would focus on definition of slaughterhouse" (September 6, 2022)
The Dakota Scout, "Report: POET, Broins not only backers of pork plant opposition" (September 6, 2022)
Argus Leader, "As construction starts, anti-slaughterhouse group is willing to take Wholestone to court" (August 23, 2022)
Inside Sources, "Critics Get ‘Whiff of Racism’ in Progressive Attempts to Shut Down Tribal Lenders" (May 20, 2022)
KELOLAND, "Amendment C: ‘Power grab’ or ‘taxpayer protection’" (May 17, 2022)
CNN, "A South Dakota hotel denied service to Native Americans, lawsuit says" (March 25, 2022)
ABC News, "Suit filed over threat to ban Native Americans from hotel" (March 23, 2022)
The Washington Post, "Suit filed over threat to ban Native Americans from hotel" (March 23, 2022)
Black Hills Pioneer, "Johnson offered political tickets – always declined" (March 16, 2022)
Attorney at Law Magazine, "Robins Kaplan on the Front Lines of $589M National Opioid Settlement on Behalf of Tribal Nations" (March 2022)
The South Dakota Standard, "Brendan Johnson dismisses political career, focusing on legal career, South Dakota ballot measures" (February 9, 2022)
Law360, "Illinois Man Accuses Online Tribal Lenders of Predatory Loans" (January 26, 2022)
Black Hills Pioneer, "Lawsuit challenges Amendment C by evoking Amendment A rejection" (January 19, 2022)
The South Dakota Standard, "Brendan Johnson turns legal argument on his foes, seeks to remove Amendment C from June ballot" (January 19, 2022)
Argus Leader, "Lawmakers' proposed three-fifths rule on spending, tax initiatives headed to court" (January 18, 2022)
Argus Leader, "Appeals court rules 'government must do better' on Rosebud health care" (August 25, 2021)
Dakota News Now, "Group protests COVID-19 vaccination policy at Sanford Health" (July 30, 2021)
Keloland Media Group, "S.D. justices hear Amendment A argument" (April 28, 2021)
Dakota News Now, "South Dakota Supreme Court hears Amendment A arguments" (April 28, 2021)
ABC News, "South Dakota Supreme Court weighs pot legalization battle" (April 28, 2021)
Keloland Media Group, “City settles wrongful death lawsuit with Iowa family who lost their 5 year old daughter in a drowning at Falls Park” (February 18, 2021)
Dakota News Now, “City of Sioux Falls settles lawsuit over Falls Park drowning” (February 18, 2021)
Sioux Falls Argus Leader, “Sioux Falls agrees to settle with mother of 2018 Falls Park drowning victim” (February 18, 2021)
Keoland Media Group, “Johnson says he’s prepared to appeal pot amendment without help from AG’s office” (February 12, 2021)
Star Tribune, “South Dakota judge rejects amendment legalizing marijuana” (February 8, 2021)
Sioux Falls Argus Leader, “Legal marijuana amendment comes under fire in Pierre courtroom” (January 27, 2021)
Rapid City Journal, "Marijuana supporters say in court filing that voiding Amendment A would overturn will of the people” (December 10, 2020)
Sioux Falls Argus Leader, "Former U.S. Attorney, Chamber president talk marijuana legalization" (October 5, 2020)
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)

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)