People: Brandon L. Bigelow, Partner

Photo of Brandon L. Bigelow, Partner

Brandon L. Bigelow

Partner

Boston
Direct: (617) 946-4929
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Brandon L. Bigelow is a partner in the Litigation Department of Seyfarth Shaw LLP and represents clients in complex commercial matters, including franchise disputes, software piracy claims, and antitrust and consumer class action litigation. Mr. Bigelow has appeared before state and federal courts on behalf of clients in a variety of industries, including software designers, motor vehicle and medical device manufacturers, hedge funds, broker-dealers, and pharmaceutical companies. He also counsels clients on compliance issues involving state and federal competition laws, including regulatory review of merger and acquisition transactions under the Hart-Scott-Rodino Act.

Chambers USA has recognized Mr. Bigelow as a leading lawyer in antitrust in Massachusetts. He is also listed in Super Lawyers for his skill in business litigation. Mr. Bigelow teaches as an adjunct professor of law at Boston College Law School. He is a vice chair of the Insurance and Financial Services Committee of the ABA Section of Antitrust Law and a past co-chair of the Class Action Committee of the Boston Bar Association. He has published articles about antitrust, consumer class actions and securities issues in the Boston Bar Journal, Massachusetts Law Review, and various other publications.

Prior to his law career, Mr. Bigelow served as a surface warfare officer in the United States Navy from 1994 to 1998, and he now maintains an active maritime practice.  

Brandon L. Bigelow is a partner in the Litigation Department of Seyfarth Shaw LLP and represents clients in complex commercial matters, including franchise disputes, software piracy claims, and antitrust and consumer class action litigation. Mr. Bigelow has appeared before state and federal courts on behalf of clients in a variety of industries, including software designers, motor vehicle and medical device manufacturers, hedge funds, broker-dealers, and pharmaceutical companies. He also counsels clients on compliance issues involving state and federal competition laws, including regulatory review of merger and acquisition transactions under the Hart-Scott-Rodino Act.

Chambers USA has recognized Mr. Bigelow as a leading lawyer in antitrust in Massachusetts. He is also listed in Super Lawyers for his skill in business litigation. Mr. Bigelow teaches as an adjunct professor of law at Boston College Law School. He is a vice chair of the Insurance and Financial Services Committee of the ABA Section of Antitrust Law and a past co-chair of the Class Action Committee of the Boston Bar Association. He has published articles about antitrust, consumer class actions and securities issues in the Boston Bar Journal, Massachusetts Law Review, and various other publications.

Prior to his law career, Mr. Bigelow served as a surface warfare officer in the United States Navy from 1994 to 1998, and he now maintains an active maritime practice.  

Education

  • J.D., Boston College Law School (2001)
    magna cum laude
  • B.A., Cornell University (1994)
    cum laude

Admissions

  • Massachusetts

Courts

  • U.S. Court of Appeals, First Circuit
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals, Eleventh Circuit

Affiliations

  • American Bar Association (Vice chair, Insurance and Financial Services Committee, ABA Section of Antitrust Law, 2013–2014)
  • Boston Bar Association (Co-Chair, Class Action Committee, 2009-2011)
  • Boston Bar Foundation (Junior Fellow)
  • Hospitality Homes (Board Member)
  • Maritime Law Association 

Representative Engagements

  • Flextronics Int’l Ltd. v. PTC Inc. (2013) — Obtained preliminary injunction barring unlicensed use of sophisticated product development software worldwide and enforcing software designer’s audit rights, leading to successful resolution of all claims
  • Tempur-Pedic International (2013) — Represented Tempur-Pedic in responding to second request from FTC regarding $1.2 billion acquisition of Sealy
  • WaveDivision Holdings v. Pioneer Floating Rate Trust (2012) — Obtained favorable appellate decision from Delaware Supreme Court, as well as summary judgment from trial court below, dismissing all claims against fund for purported tortious interference by sub-adviser and affirming status of sub-adviser as independent contractor
  • Cappalli v. BJ’s Wholesale Club (2012) — Obtained partial summary judgment for national membership warehouse retail store in a case challenging the retailer’s membership renewal policy, leading to favorable resolution of remaining claims with a negotiated class of current and former members
  • People of New York v. Tempur-Pedic International, Inc. (2012) — Prevailed in New York state court on motion to dismiss vertical price fixing charges brought by New York Attorney General against major mattress manufacturer; upheld by New York Appellate Division on appeal
  • NetLogic Microsystems, Inc. (2011) — Represented seller in multi-jurisdictional investigation into competitive impact of $3.7 billion acquisition of microprocessor manufacturer by Broadcom, including responses to inquiries from U.S. and Chinese antitrust authorities
  • Jacobs v. Tempur-Pedic International, Inc. (2010) — Prevailed in federal district court on motion to dismiss antitrust claims by putative nationwide consumer class based on failure to define a plausible relevant product market or establish harm to interbrand competition; upheld by Eleventh Circuit on appeal
  • Tom Rice Buick v. General Motors Corp.(2008) — Represented motor vehicle manufacturer in a test case before the Second Circuit concerning the obligations of manufacturers under New York law to reimburse dealers for parts installed in connection with warranty repairs

Publications

  • Co-Author, “Antitrust Guidance for HR Professionals Raises Prospect of Criminal Prosecutions,” One Minute Memo, Seyfarth Shaw LLP (November 8, 2016)
  • “Business Litigation in Massachusetts: The Year in Review,” Massachusetts Lawyers Weekly (February 9, 2009)
  •  “The Third Circuit Defines Contours of Antitrust Law Following Leegin,” Competition Law 360 (July 2, 2008)
  • Co-author, “Board Investigation of Backdating Should Not Aid Plaintiff's Suits,” Andrews Litigation Reporter, Vol. 22, Issue 20 (April 2, 2007)
  • Co-author, “Aspinall One Year Later: Making Sense of Similar Injury in Claims Under Chapter 93A, Section 9,” Boston Business Journal, Vol. 49 (December 2005)
  • Co-author, “Collateral Consequences of Expanded European Antitrust Investigative Authority for Defendants in U.S. Proceedings,” 2004 Fordham Corporate Law Institute (2005)
  • “Summary and Expert Witnesses: A Distinction with a Difference,” Suffolk Journal of Trial & Appellate Advocacy (2004)
  • Co-author, “New Standard Set for Assessing 'Primarily and Substantially' Under Massachusetts General Laws Chapter 93A, Section 11,” Massachusetts Law Review, Vol. 88 (2003)
  • “The Commerce Clause and Criminal Law,” Boston College Law Review, Vol. 41 (2000)

Accolades

  • Chambers USA, Antitrust, Massachusetts (2014)
  • Super Lawyers, Business Litigation, Massachusetts (2013–2014)
  • Super Lawyers, Rising Star, Business Litigation, Massachusetts (2009–2012)
  • Editor-in-chief, Boston College Law Review (2000–2001)
  • Boston College Law School, Order of the Coif