B R I A N R O B E R T M ATSUI 2725 WASHINGTON AVENUE, CHEVY CHASE, MARYLAND 20815 [email protected]  202-887-8784 (work)  301-587-9778 (residence)

LEGA L EXPERIENCE MORRISON & FOERSTER LLP PARTNER (2008); ASSOCIATE (2006-2007)  WASHINGTON, D.C. Represented clients before Supreme Court of the United States in cases addressing, among other issues, the Patent Act, the Racketeer Influenced and Corrupt Organizations Act, and the federal preemption of state laws. Briefed and argued cases in federal and state appellate courts, and represented clients in federal district courts and administrative agencies. Represented individuals and organizations in numerous pro bono matters.

SIDLEY AUSTIN LLP ASSOCIATE (2003-2006)  WASHINGTON, D.C. Briefed and argued cases in United States Courts of Appeals and federal district courts in cases addressing, among other issues, the Due Process and Commerce Clauses, statutory construction, and contract interpretation.

MUNGER TOLLES & OLSON LLP ASSOCIATE (2001-2002)  SAN FRANCISCO, CA Drafted motions for summary judgment and appellate briefs for cases pending in federal and state courts.

JUDICIAL C LERKSHIPS LAW CLERK TO ASSOCIATE JUSTICE ANTHONY M. KENNEDY, UNITED STATES SUPREME COURT October 2002 Term.

LAW CLERK TO JUDGE PAMELA ANN RYMER, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 2000-2001  Pasadena, CA.

LAW CLERK TO JUDGE DAVID F. LEVI, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1999-2000  Sacramento, CA

NON-LE GAL EXPERIENCE CALIFORNIA BANKERS ASSOCIATION FEDERAL GOVERNMENT RELATIONS POLICY ANALYST  SAN FRANCISCO, CA  1995-1996. Represented Association’s interests at industry meetings. Researched and produced policy papers regarding major banking issues before Congress. Drafted Association’s annual circular on the state of the banking industry.

EDUCATION JURIS DOCTOR  STANFORD, CA  JUNE 1999. Order of the Coif; graduated with Distinction. Activities: Managing Editor, Stanford Law Review; Article Editor, Submissions Editor, Stanford Journal of International Law; Asian Pacific Islander Law Students Association; Research Assistant to Professor David Mills. Summer Experience: Skadden, Arps, Slate, Meagher & Flom LLP, Palo Alto, CA; Williams & Connolly, Washington, D.C.; Department of Justice Honors Program, Antitrust Division, Washington, D.C.; O’Melveny & Myers LLP, San Francisco, CA.

STANFORD UNIVERSITY BACHELOR OF ARTS IN POLITICAL SCIENCE  STANFORD, CA  JUNE 1995. Graduated with Departmental Honors. Activities: Concentration in Creative Writing; 1994 White House Summer Internship Program.

OTHER Admitted to California and District of Columbia Bars; President and Chair of the Robert T. Matsui Foundation For Public Service; Board Member of the Aplastic Anemia & MDS International Foundation; Member of the Edward Coke Appellate Inn of Court. S E L E C T E D R EPRESENTATIVE M ATTERS • MeadWestvaco v. Illinois Dep’t of Revenue, 128 S. Ct. 1498 (2008). Counsel for MeadWestvaco in case regarding whether the sale of a nonunitary business served an operational rather than an investment function, and thus was subject to taxation by a non-domiciliary State. • Rowe v. New Hampshire Motor Transport Association, 128 S. Ct. 989 (2008). Counsel for New Hampshire Motor Transport Association et al. in case regarding the scope of the preemption provision of the Federal Aviation Administration Authorization Act of 1994. • Peake v. Sanders, No. 07-1209 (S. Ct. pending). Counsel of Record for the American Legion, Military Order of the Purple Heart, and National Veterans Legal Services Program as amici curiae in case addressing whether a presumption of prejudice in favor of a veteran claimant is warranted when the Department of Veterans Affairs fails to provide statutorily required notice and assistance to a veteran during the administrative claims process. • Trainer Wortham & Company, Inc. v. Betz, No. 07-1489 (S. Ct. pending). Counsel of Record for the Organization for International Investment and Chamber of Commerce of the United States in case regarding the statute of limitations for securities fraud actions. • Quanta Computer, Inc. v. LG Electronics, Inc., 128 S. Ct. 2109 (2008). Counsel for Gen-Probe Incorporated as amicus curiae in case regarding patent exhaustion. • KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007). Counsel for Biotechnology Industry Organization as amicus curiae in case addressing the test for non-obviousness under the Patent Act. • Parents Involved in Community Schools v. Seattle Sch. Dist. No. 1, 127 S. Ct. 2738 (2007). Counsel for bipartisan group of five former Secretaries of Education and Secretaries of Health, Education, and Welfare – David Mathews, Joseph A. Califano, Jr., Shirley M. Hufstedler, Lauro Fred Cavazos, and Richard W. Riley – as amici curiae in cases addressing desegregation in public schools. • Sole v. Wyner, 127 S. Ct. 2188 (2007). Counsel for civil rights plaintiffs in case regarding meaning of statutory provision in 42 U.S.C. § 1988 that permits court to award a “prevailing party” reasonable attorneys’ fees. • Limtiaco v. Camacho, 127 S. Ct. 1413 (2007). Counsel for the Governor of Guam in case regarding the meaning of the Guam Organic Act. • Arlington Central School District Board of Education v. Murphy, 126 S. Ct. 2455 (2006). Counsel for the National Disability Rights Network and the Center for Law and Education as amici curiae in case regarding the recovery of expert fees by prevailing parents under the Individuals with Disabilities Education Act. • Pittman v. State of South Carolina, No. 07-8436 (S. Ct. 2008). Counsel for child and adolescent psychology, child and adolescent brain development, and juvenile justice researchers as amicus curiae in case regarding the Eighth Amendment’s limits on punishment for crimes committed during adolescence. • Johnson v. Savage, No. 05-16463 (9th Cir. 2007). Arguing counsel for former prisoner in case regarding conditions of confinement in violation of the Eighth Amendment. • City of New York v. Beretta U.S.A. Corp., No. 05-6942 (2d Cir. 2008). Counsel for the Legal Community Against Violence, Education Fund to Stop Gun Violence, and Violence Policy Center as amicus curiae in case urging that the Protection of Lawful Commerce in Arms Act is unconstitutional because it violates the separation of powers. • Enron Corp. v. New Power Co. (In re New Power Co.), 438 F.3d 1113 (11th Cir. 2006). Arguing counsel for New Power Co. in case concerning the requirements for a valid plan confirmation in bankruptcy proceedings.