Brandon L.Bigelow
Partner
Antitrust & Competition
bbigelow@seyfarth.com
Brandon provides practical legal advice to manufacturers, suppliers, and franchisors about antitrust and distribution issues, and defends those companies when unavoidable disputes arise.
More About Brandon
As a leader of Seyfarth's Antitrust & Competition practice group, Brandon counsels manufacturers and franchisors on compliance with federal and state antitrust laws, as well as industry-specific laws governing the manufacturer-dealer and franchisor-franchisee relationships. "The best way for clients to avoid litigation is for in-house and outside counsel to work together to assess legal risks and explain those risks to the business team using plain and direct language," Brandon says. But some litigation is unavoidable, and Brandon has substantial experience trying antitrust, franchise, and distribution cases for companies in venues across the country.
Brandon uses Seyfarth's budgeting tools and other technologies to prepare cases for trial in the most efficient manner possible. "I believe that every client has a story to tell, and that the cost of going to court to tell that story should not be so prohibitive that it's not efficient for businesses to do that," he explains.
In addition to his work as a litigator, Brandon regularly counsels companies and trade associations on antitrust compliance issues. Brandon believes that good antitrust compliance programs begin with strong education, and for 20 years, he has helped clients design and implement antitrust compliance and training programs. Brandon also works with Seyfarth's Corporate lawyers and clients to evaluate merger and acquisition transactions to ensure compliance with the reporting requirements of the Hart-Scott-Rodino Act, and to respond to inquiries about those transactions from the enforcement agencies. As a co-chair of the Books & Treatises Committee of the American Bar Association Antitrust Law Section, Brandon stays current on the latest developments in U.S. and international competition laws.
Brandon is ranked a Band 2 by Chambers USA for antitrust law in Massachusetts. Prior to going to law school, Brandon served in the US Navy as an active duty surface warfare officer on ships sailing out of Yokosuka, Japan, and Pearl Harbor, Hawaii. Immediately after graduating from law school, Brandon worked as a law clerk for the Honorable Martha B. Sosman of the Massachusetts Supreme Judicial Court.
Brandon uses Seyfarth's budgeting tools and other technologies to prepare cases for trial in the most efficient manner possible. "I believe that every client has a story to tell, and that the cost of going to court to tell that story should not be so prohibitive that it's not efficient for businesses to do that," he explains.
In addition to his work as a litigator, Brandon regularly counsels companies and trade associations on antitrust compliance issues. Brandon believes that good antitrust compliance programs begin with strong education, and for 20 years, he has helped clients design and implement antitrust compliance and training programs. Brandon also works with Seyfarth's Corporate lawyers and clients to evaluate merger and acquisition transactions to ensure compliance with the reporting requirements of the Hart-Scott-Rodino Act, and to respond to inquiries about those transactions from the enforcement agencies. As a co-chair of the Books & Treatises Committee of the American Bar Association Antitrust Law Section, Brandon stays current on the latest developments in U.S. and international competition laws.
Brandon is ranked a Band 2 by Chambers USA for antitrust law in Massachusetts. Prior to going to law school, Brandon served in the US Navy as an active duty surface warfare officer on ships sailing out of Yokosuka, Japan, and Pearl Harbor, Hawaii. Immediately after graduating from law school, Brandon worked as a law clerk for the Honorable Martha B. Sosman of the Massachusetts Supreme Judicial Court.
- JD, Boston College Law School
Boston College Law Review, editor-in-chief (2000-2001)
Order of the Coif - BA, Cornell University
EnglishCum laude
- Massachusetts
- US Court of Appeals, First Circuit
- US Court of Appeals, Eighth Circuit
- US Court of Appeals, Eleventh Circuit
- US District Court, District of Massachusetts
Related Key Industries
- Lead trial counsel in two-week bench trial defending former real estate franchisee against claims brought by former franchisor after the franchisee rejected onerous renewal terms. The court entered judgment and awarded fees and costs for the former franchisee, which is now a successful independent real estate business in Boston and area suburbs.
- 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.
- 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 subadvisor and affirming status of subadvisor as independent contractor.
- 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.
- 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.
- 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.
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- Listed in Best Lawyers in America (Woodward/White Inc.) for Franchise Law and Litigation - Antitrust (2021-2025)
- Recognized as a Top Author in JD Supra's 2024 Readers Choice Awards (2024)
- Recognized as a "Lawyer of the Year" lawyer by Best Lawyers in America (Woodward/White Inc.) for Litigation - Antitrust (2024)
- Recognized Practitioner, Antitrust (Massachusetts), Chambers USA (2018-2024)
- Listed in Massachusetts Super Lawyers for antitrust litigation (Thomson Reuters) (2013-2019)
- American Bar Association (Books & Treatises Committee co-chair, vice chair, 2008-present)
- Boston Bar Association Class Action Committee co-chair, 2009-2011
- Boston Bar Foundation junior fellow
- Maritime Law Association
- Co-Author, "Maine Right to Repair Law Poised to Remain in Flux Even After January 2025 Effective Date," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (December 18, 2024)
- Co-Author, “FTC Report On Product Support For “Smart” Devices Suggests Future Enforcement Push,” Seyfarth's Future of Automotive Series, Seyfath Shaw LLP (December 4, 2024)
- Co-Author, “Seyfarth Post-Election Pulse Antitrust In The Second Trump Administration: The Chicago School Strikes Back,” Legal Update, Seyfarth Shaw LLP (November 22, 2024)
- Co-Author, “New Rules for HSR Premerger Notification Filings Take Effect February 10, 2025,” Legal Update, Seyfarth Shaw LLP (November 12, 2024)
- Author, “New Jersey Destination Charge Case Reaches Final Destination,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (October 25, 2024)
- Co-Author, “FTC Issues New Rules for HSR Premerger Notification Filings,” Publication, Seyfarth Shaw LLP (October 11, 2024)
- Co-Author, “Dealer Group Sues FTC to Enjoin Administrative Proceeding Over Alleged Junk Fees and Discriminatory Lending Practices,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (October 8, 2024)
- Co-Author, “Maine Attorney General Convenes Working Group to Recommend Standards to Implement Right to Repair Law,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (October 4, 2024)
- Co-Author, “New York Joins States Permitting Dealers To Claim Warranty Reimbursement Using Third Party Labor Time Guides,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (September 9, 2024)
- Co-Author, “Fifth Circuit Set to Weigh Challenge to FTC’s CARS Rule,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (August 20, 2024)
- Author, “FTC Continues Aggressive Enforcement Actions To Deter Deceptive Pricing Practices By Car Dealers,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (August 16, 2024)
- Co-Author, “In Dismissing Claims Against OEM, Federal Court Quietly Rejects FTC Interpretation of Magnuson-Moss Warranty Act,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 27, 2024)
- Co-Author, “OEMs Face New Uncertainty on Right to Repair in Maine While Massachusetts Court Continues to Delay Ruling,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 20, 2024)
- Co-Author, “FTC and DOJ Seek Public Help Identifying “Serial Acquisition Strategy” Targets,” Legal Update, Seyfarth Shaw LLP (May 28, 2024)
- Co-Author, "Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update," Legal Update, Seyfarth Shaw LLP (May 6, 2024)
- Co-Author, "Online Portal Helps Fortify Feds' Unfair Health Practices Fight," Law360 (May 1, 2024)
- Co-Author, "All Gas No Brakes – The FTC, DOJ, and HHS Unveil Online Reporting Portal as Latest Effort to Combat Unfair and Anticompetitive Health Care Practices," Legal Update, Seyfarth Shaw LLP (April 24, 2024)
- Co-Author, "Antitrust," 2024 Commercial Litigation Outlook (February 2024)
- Co-Author, "FTC Pumps Brakes on CARS Rule, At Least For Now," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (January 25, 2024)
- Co-Author, "FTC Announces Hart-Scott-Rodino Act Thresholds and Filing Fees for 2024," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (January 24, 2024)
- Co-Author, "FCA Continues Winning Streak For OEMs On Claims For “Unfair Profit” In Destination Charges," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (January 4, 2024)
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- Co-Author, "NHTSA Sides With Automakers, Informs Court That Massachusetts Data Access Law Preempted By Federal Law," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 14, 2023)
- Co-Author, "Massachusetts AG Issues Telematics Notice Under Right to Repair Law: What Comes Next?," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 5, 2023)
- Co-Author, "Sellers of Extended Auto Warranties Agree to Lifetime Telemarketing Ban To Avoid Trial In Case Alleging Deceptive Sales Practices," Legal Update, Seyfarth Shaw LLP (March 28, 2023)
- Author, "Massachusetts AG Gives Notice: Right to Repair Law Enforcement Starts June 1, 2023," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (March 9, 2023)
- Co-Author, "Ninth Circuit Affirms Dismissal Of Lawsuit Challenging OEM “Destination Charges” As Deceptive," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (March 6, 2023)
- Co-Author, "Computers on Wheels: One OEM Settles Claims While Another Scores A Win in Cases Involving Allegedly Botched OTA Updates," Legal Update, Seyfarth Shaw LLP (February 16, 2023)
- Co-Author, "Does DOJ’s Withdrawal Of Healthcare Enforcement Policies Have Broader Implications For Information Exchange And Benchmarking Activities?," Legal Update, Seyfarth Shaw LLP (February 14, 2023)
- Co-Author, "Buckle Up: How Privacy Policy And Antitrust Enforcement Could Affect Automakers In 2023," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (January 23, 2023)
- Co-Author, "FTC Builds Case For New Car Dealer Rule With Complaint Alleging Junk Fees And Discriminatory Lending Practices," Legal Update, Seyfarth Shaw LLP (October 19, 2022)
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- Co-Author, "Full Steam Ahead: FTC Declines To Extend Public Comment Period For New Car Dealer Rule," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (August 24, 2022)
- Co-Author, "FTC Begins Process To Adopt Rules For New Car Dealer Advertising And Sales," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 11, 2022)
- Author, "Massachusetts Right to Repair Law: One More Delay on Decision," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 1, 2022)
- Co-Author, "Virginia and West Virginia Adopt Laws Regulating Over-the-Air Updates," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 24, 2022)
- Co-Author, "Direct Sale Of Electric Vehicles Continues To Follow Tortured Path With Recent Legislative Developments," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (May 17, 2022)
- Co-Author, "Alleged 'No-Poach' Agreement In Health Care Industry Results In Another Criminal Antitrust Prosecution," Legal Update, Seyfarth Shaw LLP (March 4, 2022)
- Co-Author, "Massachusetts AG and OEMs Debate Whether Compliance With Massachusetts Right To Repair Law Is 'Impossible'," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (January 19, 2022)
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- Co-Author, "Federal Court Reopens Evidence In Case Challenging Massachusetts Right To Repair Law," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (November 1, 2021)
- Co-Author, "Ninth Circuit Denies Bid To Preliminarily Enjoin Arizona’s Dealer Data Security Law," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (October 27, 2021)
- Co-Author, "Computers on Wheels: Complaint Against Auto Manufacturer For Allegedly Botched Software Update Survives (For Now)," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (October 12, 2021)
- Co-Author, "Future Driven Forum Panelists Highlight Increasing Urgency for Investment in Electric Vehicle Infrastructure," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (September 24, 2021)
- Co-Author, "President Biden Issues Executive Order Setting National Target for Adoption of Zero-Emission Vehicles," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (August 6, 2021)
- Co-Author, "FTC Announces Heightened Scrutiny Of Repair Restrictions In Wake Of President Biden’s Competition Executive Order," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 27, 2021)
- Co-Author, "Judge Promises to Render Prompt Decision as Massachusetts Right to Repair Trial Concludes," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 23, 2021)
- Co-Author, "States Adopt Changes To Warranty Reimbursement Laws In First Half of 2021," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 20, 2021)
- Author, "As Cars Become Computers On Wheels, Computer-Based Litigation Against OEMs Becomes More Likely," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 1, 2021)
- Co-Author, "FTC Announces Reduced Hart-Scott-Rodino Act Thresholds For 2021," Legal Update, Seyfarth Shaw LLP (February 3, 2021)
- Co-Author, "What Will The New Legislative Session In Michigan Mean For Electric Vehicle Manufacturers?," Legal Update, Seyfarth Shaw LLP (January 12, 2021)
- Co-Author, "Federal Judge Demands Factual Record in Challenge to Massachusetts Vehicle Telematics Law," Legal Update, Seyfarth Shaw LLP (December 3, 2020)
- Author, "Manufacturers Challenge Massachusetts Law Requiring Changes to Vehicle Telematics Systems," Legal Update, Seyfarth Shaw LLP (December 1, 2020)
- Co-Author, "Mass. Voters Expand Right to Repair Law: Is Past Prologue Or Will OEMs Be Forced To Fight Back?," Legal Update, Seyfarth Shaw LLP (November 11, 2020)
- Co-Author, "Seyfarth's Future of Automotive Series: Massachusetts Voters To Decide Whether OEMs Must Design Cars To Share Telematics Data," Legal Update, Seyfarth Shaw LLP (October 21, 2020)
- Co-Author, "DMS Providers Fare No Better Than Automakers in Constitutional Challenge to Arizona Dealer Statute," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (August 4, 2020)
- Co-Author, "Seyfarth's Future of Automotive Series: California DMV Guidance Resolves Doubt About Where Digital Sales Occur," Legal Update, Seyfarth Shaw LLP (July 20, 2020)
- Co-Author, "Tesla Scores Another Victory in Virginia and Deals a Blow to Representational Standing," Legal Update, Seyfarth Shaw LLP (July 2, 2020)
- Co-Author, "Antitrust Enforcers Issue Vertical Merger Guides," Legal Update, Seyfarth Shaw LLP (July 1, 2020)
- Co-Author, "Dealer Management Systems Providers Allowed to Proceed With Challenge To Arizona Dealer Data Security Law," Legal Update, Seyfarth Shaw LLP (May 27, 2020)
- Co-Author, "Getting Back to Business: Considerations for Motor Vehicle Manufacturers in the COVID-19 Environment," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (April 28, 2020)
- Co-Author, "Regulators Unveil Guidance On Best Practices for Internet Vehicle Sales," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (March 3, 2020)
- Author, "Can Presidential Politics Supercharge Electric Vehicle Charging Stations?," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (February 7, 2020)
- Author, "FTC Releases Revised Hart-Scott-Rodino Act Thresholds For 2020," Legal Update, Seyfarth Shaw LLP (January 30, 2020)
- Co-Author, "Antitrust Pitfalls: FTC Orders Unwinding of Two-Year-Old Acquisition," Legal Update, Seyfarth Shaw LLP (November 19, 2019)
- Co-Author, "Challenge to North Dakota Farm Equipment Dealer Statute May Give New Life to Contract Clause Arguments by Manufacturers," Legal Update, Seyfarth Shaw LLP (November 15, 2019)
- Co-Author, "California Adopts Major Changes to Warranty Reimbursement Requirements Effective January 1, 2020," Legal Update, Seyfarth Shaw LLP (October 21, 2019)
- Co-Author, "Dealer Management System Providers Join the Fray in Dispute Over Proper Scope of State Dealer Laws," Legal Update, Seyfarth Shaw LLP (October 10, 2019)
- Co-Author, "2019 NAMVBC Fall Workshop Features Panels on Internet Vehicle Sales and Dealer License Fraud," Legal Update, Seyfarth Shaw LLLP (September 24, 2019)
- Co-Author, "'Monroney Stickers' And Protecting Car Buyers From Fraud In The Age Of Online Motor Vehicle Sales," Legal Update, Seyfarth Shaw LLP (August 19, 2019)
- Co-Author, "Auto Manufacturers: Don’t Forget the Amended Franchise Rule When Considering New Business Opportunities," One Minute Memo, Seyfarth Shaw LLP (July 8, 2019)
- 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 Law360 (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)
- Co-Speaker, “Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2024,” Webinar, Seyfarth Shaw LLP (May 2, 2024)
- Co-Speaker, "Session 5: Commercial Litigation: Insights and Predictions for the Transportation & Logistics Industries in 2023," Webinar, Seyfarth Shaw LLP (April 27, 2023)
- Co-Presenter, "Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023, Part 3: Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023," Webinar Series, Seyfarth Shaw LLP (March 8, 2023)
- Co-Speaker, "Webinar Series - Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023," Webinar, Seyfarth Shaw LLP (February 7, 2023)
- Panelist, "Bumper-to-Bumper Coverage: Highlighting Significant Motor Vehicle Franchise Decisions and Developments in 2018," Webinar, Seyfarth Shaw LLP (March 21, 2019)
- USS Constitution board of overseers, 2012-present
- Hospitality Homes board of directors, 2006-2018
Brandon provides practical legal advice to manufacturers, suppliers, and franchisors about antitrust and distribution issues, and defends those companies when unavoidable disputes arise.
More About Brandon
As a leader of Seyfarth's Antitrust & Competition practice group, Brandon counsels manufacturers and franchisors on compliance with federal and state antitrust laws, as well as industry-specific laws governing the manufacturer-dealer and franchisor-franchisee relationships. "The best way for clients to avoid litigation is for in-house and outside counsel to work together to assess legal risks and explain those risks to the business team using plain and direct language," Brandon says. But some litigation is unavoidable, and Brandon has substantial experience trying antitrust, franchise, and distribution cases for companies in venues across the country.
Brandon uses Seyfarth's budgeting tools and other technologies to prepare cases for trial in the most efficient manner possible. "I believe that every client has a story to tell, and that the cost of going to court to tell that story should not be so prohibitive that it's not efficient for businesses to do that," he explains.
In addition to his work as a litigator, Brandon regularly counsels companies and trade associations on antitrust compliance issues. Brandon believes that good antitrust compliance programs begin with strong education, and for 20 years, he has helped clients design and implement antitrust compliance and training programs. Brandon also works with Seyfarth's Corporate lawyers and clients to evaluate merger and acquisition transactions to ensure compliance with the reporting requirements of the Hart-Scott-Rodino Act, and to respond to inquiries about those transactions from the enforcement agencies. As a co-chair of the Books & Treatises Committee of the American Bar Association Antitrust Law Section, Brandon stays current on the latest developments in U.S. and international competition laws.
Brandon is ranked a Band 2 by Chambers USA for antitrust law in Massachusetts. Prior to going to law school, Brandon served in the US Navy as an active duty surface warfare officer on ships sailing out of Yokosuka, Japan, and Pearl Harbor, Hawaii. Immediately after graduating from law school, Brandon worked as a law clerk for the Honorable Martha B. Sosman of the Massachusetts Supreme Judicial Court.
Brandon uses Seyfarth's budgeting tools and other technologies to prepare cases for trial in the most efficient manner possible. "I believe that every client has a story to tell, and that the cost of going to court to tell that story should not be so prohibitive that it's not efficient for businesses to do that," he explains.
In addition to his work as a litigator, Brandon regularly counsels companies and trade associations on antitrust compliance issues. Brandon believes that good antitrust compliance programs begin with strong education, and for 20 years, he has helped clients design and implement antitrust compliance and training programs. Brandon also works with Seyfarth's Corporate lawyers and clients to evaluate merger and acquisition transactions to ensure compliance with the reporting requirements of the Hart-Scott-Rodino Act, and to respond to inquiries about those transactions from the enforcement agencies. As a co-chair of the Books & Treatises Committee of the American Bar Association Antitrust Law Section, Brandon stays current on the latest developments in U.S. and international competition laws.
Brandon is ranked a Band 2 by Chambers USA for antitrust law in Massachusetts. Prior to going to law school, Brandon served in the US Navy as an active duty surface warfare officer on ships sailing out of Yokosuka, Japan, and Pearl Harbor, Hawaii. Immediately after graduating from law school, Brandon worked as a law clerk for the Honorable Martha B. Sosman of the Massachusetts Supreme Judicial Court.
- JD, Boston College Law School
Boston College Law Review, editor-in-chief (2000-2001)
Order of the Coif - BA, Cornell University
EnglishCum laude
- Massachusetts
- US Court of Appeals, First Circuit
- US Court of Appeals, Eighth Circuit
- US Court of Appeals, Eleventh Circuit
- US District Court, District of Massachusetts
Related Key Industries
- Lead trial counsel in two-week bench trial defending former real estate franchisee against claims brought by former franchisor after the franchisee rejected onerous renewal terms. The court entered judgment and awarded fees and costs for the former franchisee, which is now a successful independent real estate business in Boston and area suburbs.
- 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.
- 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 subadvisor and affirming status of subadvisor as independent contractor.
- 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.
- 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.
- 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.
Related News & Insights
-
Legal Update
Dec 18, 2024
Maine Right to Repair Law Poised to Remain in Flux Even After January 2025 Effective Date
-
Sponsored Events
Dec 10, 2024
Seyfarth to Sponsor Alliance for Automotive Innovation Franchise Summit 2024
-
Legal Update
Dec 4, 2024
FTC Report On Product Support For “Smart” Devices Suggests Future Enforcement Push
-
Legal Update
Nov 22, 2024
Seyfarth Post-Election Pulse Antitrust In The Second Trump Administration: The Chicago School Strikes Back
- Listed in Best Lawyers in America (Woodward/White Inc.) for Franchise Law and Litigation - Antitrust (2021-2025)
- Recognized as a Top Author in JD Supra's 2024 Readers Choice Awards (2024)
- Recognized as a "Lawyer of the Year" lawyer by Best Lawyers in America (Woodward/White Inc.) for Litigation - Antitrust (2024)
- Recognized Practitioner, Antitrust (Massachusetts), Chambers USA (2018-2024)
- Listed in Massachusetts Super Lawyers for antitrust litigation (Thomson Reuters) (2013-2019)
- American Bar Association (Books & Treatises Committee co-chair, vice chair, 2008-present)
- Boston Bar Association Class Action Committee co-chair, 2009-2011
- Boston Bar Foundation junior fellow
- Maritime Law Association
- Co-Author, "Maine Right to Repair Law Poised to Remain in Flux Even After January 2025 Effective Date," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (December 18, 2024)
- Co-Author, “FTC Report On Product Support For “Smart” Devices Suggests Future Enforcement Push,” Seyfarth's Future of Automotive Series, Seyfath Shaw LLP (December 4, 2024)
- Co-Author, “Seyfarth Post-Election Pulse Antitrust In The Second Trump Administration: The Chicago School Strikes Back,” Legal Update, Seyfarth Shaw LLP (November 22, 2024)
- Co-Author, “New Rules for HSR Premerger Notification Filings Take Effect February 10, 2025,” Legal Update, Seyfarth Shaw LLP (November 12, 2024)
- Author, “New Jersey Destination Charge Case Reaches Final Destination,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (October 25, 2024)
- Co-Author, “FTC Issues New Rules for HSR Premerger Notification Filings,” Publication, Seyfarth Shaw LLP (October 11, 2024)
- Co-Author, “Dealer Group Sues FTC to Enjoin Administrative Proceeding Over Alleged Junk Fees and Discriminatory Lending Practices,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (October 8, 2024)
- Co-Author, “Maine Attorney General Convenes Working Group to Recommend Standards to Implement Right to Repair Law,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (October 4, 2024)
- Co-Author, “New York Joins States Permitting Dealers To Claim Warranty Reimbursement Using Third Party Labor Time Guides,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (September 9, 2024)
- Co-Author, “Fifth Circuit Set to Weigh Challenge to FTC’s CARS Rule,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (August 20, 2024)
- Author, “FTC Continues Aggressive Enforcement Actions To Deter Deceptive Pricing Practices By Car Dealers,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (August 16, 2024)
- Co-Author, “In Dismissing Claims Against OEM, Federal Court Quietly Rejects FTC Interpretation of Magnuson-Moss Warranty Act,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 27, 2024)
- Co-Author, “OEMs Face New Uncertainty on Right to Repair in Maine While Massachusetts Court Continues to Delay Ruling,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 20, 2024)
- Co-Author, “FTC and DOJ Seek Public Help Identifying “Serial Acquisition Strategy” Targets,” Legal Update, Seyfarth Shaw LLP (May 28, 2024)
- Co-Author, "Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update," Legal Update, Seyfarth Shaw LLP (May 6, 2024)
- Co-Author, "Online Portal Helps Fortify Feds' Unfair Health Practices Fight," Law360 (May 1, 2024)
- Co-Author, "All Gas No Brakes – The FTC, DOJ, and HHS Unveil Online Reporting Portal as Latest Effort to Combat Unfair and Anticompetitive Health Care Practices," Legal Update, Seyfarth Shaw LLP (April 24, 2024)
- Co-Author, "Antitrust," 2024 Commercial Litigation Outlook (February 2024)
- Co-Author, "FTC Pumps Brakes on CARS Rule, At Least For Now," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (January 25, 2024)
- Co-Author, "FTC Announces Hart-Scott-Rodino Act Thresholds and Filing Fees for 2024," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (January 24, 2024)
- Co-Author, "FCA Continues Winning Streak For OEMs On Claims For “Unfair Profit” In Destination Charges," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (January 4, 2024)
- Co-Author, "FTC Targets Bait-And-Switch Tactics And Hidden Fees With Rule For New Car Dealers," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (December 13, 2023)
- Co-Author, "History Repeats Itself As Automakers Strike Deal With Independent Repair Facilities to Provide Access to Telematics Data," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 12, 2023)
- Co-Author, "Massachusetts High Court Finds Federal Law Exempts Dealers From Liability For Loaner Vehicles," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 10, 2023)
- Co-Author, "NHTSA Sides With Automakers, Informs Court That Massachusetts Data Access Law Preempted By Federal Law," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 14, 2023)
- Co-Author, "Massachusetts AG Issues Telematics Notice Under Right to Repair Law: What Comes Next?," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 5, 2023)
- Co-Author, "Sellers of Extended Auto Warranties Agree to Lifetime Telemarketing Ban To Avoid Trial In Case Alleging Deceptive Sales Practices," Legal Update, Seyfarth Shaw LLP (March 28, 2023)
- Author, "Massachusetts AG Gives Notice: Right to Repair Law Enforcement Starts June 1, 2023," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (March 9, 2023)
- Co-Author, "Ninth Circuit Affirms Dismissal Of Lawsuit Challenging OEM “Destination Charges” As Deceptive," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (March 6, 2023)
- Co-Author, "Computers on Wheels: One OEM Settles Claims While Another Scores A Win in Cases Involving Allegedly Botched OTA Updates," Legal Update, Seyfarth Shaw LLP (February 16, 2023)
- Co-Author, "Does DOJ’s Withdrawal Of Healthcare Enforcement Policies Have Broader Implications For Information Exchange And Benchmarking Activities?," Legal Update, Seyfarth Shaw LLP (February 14, 2023)
- Co-Author, "Buckle Up: How Privacy Policy And Antitrust Enforcement Could Affect Automakers In 2023," Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (January 23, 2023)
- Co-Author, "FTC Builds Case For New Car Dealer Rule With Complaint Alleging Junk Fees And Discriminatory Lending Practices," Legal Update, Seyfarth Shaw LLP (October 19, 2022)
- Co-Author, "FTC Receives Flurry Of Comments As Dealers And Others Oppose New Car Dealer Rule," Legal Update, Seyfarth Shaw LLP (September 26, 2022)
- Co-Author, "Massachusetts Right to Repair Case Inches Toward Decision As NHTSA Revised Guidance Dashes Hopes For Pre-Emptive Rules," Legal Update, Seyfarth Shaw LLP (September 15, 2022)
- Co-Author, "Full Steam Ahead: FTC Declines To Extend Public Comment Period For New Car Dealer Rule," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (August 24, 2022)
- Co-Author, "FTC Begins Process To Adopt Rules For New Car Dealer Advertising And Sales," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 11, 2022)
- Author, "Massachusetts Right to Repair Law: One More Delay on Decision," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 1, 2022)
- Co-Author, "Virginia and West Virginia Adopt Laws Regulating Over-the-Air Updates," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 24, 2022)
- Co-Author, "Direct Sale Of Electric Vehicles Continues To Follow Tortured Path With Recent Legislative Developments," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (May 17, 2022)
- Co-Author, "Alleged 'No-Poach' Agreement In Health Care Industry Results In Another Criminal Antitrust Prosecution," Legal Update, Seyfarth Shaw LLP (March 4, 2022)
- Co-Author, "Massachusetts AG and OEMs Debate Whether Compliance With Massachusetts Right To Repair Law Is 'Impossible'," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (January 19, 2022)
- Author, "Massachusetts Right to Repair Case Appears Nearly Ripe for Decision," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (December 1, 2021)
- Co-Author, "Federal Court Reopens Evidence In Case Challenging Massachusetts Right To Repair Law," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (November 1, 2021)
- Co-Author, "Ninth Circuit Denies Bid To Preliminarily Enjoin Arizona’s Dealer Data Security Law," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (October 27, 2021)
- Co-Author, "Computers on Wheels: Complaint Against Auto Manufacturer For Allegedly Botched Software Update Survives (For Now)," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (October 12, 2021)
- Co-Author, "Future Driven Forum Panelists Highlight Increasing Urgency for Investment in Electric Vehicle Infrastructure," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (September 24, 2021)
- Co-Author, "President Biden Issues Executive Order Setting National Target for Adoption of Zero-Emission Vehicles," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (August 6, 2021)
- Co-Author, "FTC Announces Heightened Scrutiny Of Repair Restrictions In Wake Of President Biden’s Competition Executive Order," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 27, 2021)
- Co-Author, "Judge Promises to Render Prompt Decision as Massachusetts Right to Repair Trial Concludes," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 23, 2021)
- Co-Author, "States Adopt Changes To Warranty Reimbursement Laws In First Half of 2021," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 20, 2021)
- Author, "As Cars Become Computers On Wheels, Computer-Based Litigation Against OEMs Becomes More Likely," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (June 1, 2021)
- Co-Author, "FTC Announces Reduced Hart-Scott-Rodino Act Thresholds For 2021," Legal Update, Seyfarth Shaw LLP (February 3, 2021)
- Co-Author, "What Will The New Legislative Session In Michigan Mean For Electric Vehicle Manufacturers?," Legal Update, Seyfarth Shaw LLP (January 12, 2021)
- Co-Author, "Federal Judge Demands Factual Record in Challenge to Massachusetts Vehicle Telematics Law," Legal Update, Seyfarth Shaw LLP (December 3, 2020)
- Author, "Manufacturers Challenge Massachusetts Law Requiring Changes to Vehicle Telematics Systems," Legal Update, Seyfarth Shaw LLP (December 1, 2020)
- Co-Author, "Mass. Voters Expand Right to Repair Law: Is Past Prologue Or Will OEMs Be Forced To Fight Back?," Legal Update, Seyfarth Shaw LLP (November 11, 2020)
- Co-Author, "Seyfarth's Future of Automotive Series: Massachusetts Voters To Decide Whether OEMs Must Design Cars To Share Telematics Data," Legal Update, Seyfarth Shaw LLP (October 21, 2020)
- Co-Author, "DMS Providers Fare No Better Than Automakers in Constitutional Challenge to Arizona Dealer Statute," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (August 4, 2020)
- Co-Author, "Seyfarth's Future of Automotive Series: California DMV Guidance Resolves Doubt About Where Digital Sales Occur," Legal Update, Seyfarth Shaw LLP (July 20, 2020)
- Co-Author, "Tesla Scores Another Victory in Virginia and Deals a Blow to Representational Standing," Legal Update, Seyfarth Shaw LLP (July 2, 2020)
- Co-Author, "Antitrust Enforcers Issue Vertical Merger Guides," Legal Update, Seyfarth Shaw LLP (July 1, 2020)
- Co-Author, "Dealer Management Systems Providers Allowed to Proceed With Challenge To Arizona Dealer Data Security Law," Legal Update, Seyfarth Shaw LLP (May 27, 2020)
- Co-Author, "Getting Back to Business: Considerations for Motor Vehicle Manufacturers in the COVID-19 Environment," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (April 28, 2020)
- Co-Author, "Regulators Unveil Guidance On Best Practices for Internet Vehicle Sales," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (March 3, 2020)
- Author, "Can Presidential Politics Supercharge Electric Vehicle Charging Stations?," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (February 7, 2020)
- Author, "FTC Releases Revised Hart-Scott-Rodino Act Thresholds For 2020," Legal Update, Seyfarth Shaw LLP (January 30, 2020)
- Co-Author, "Antitrust Pitfalls: FTC Orders Unwinding of Two-Year-Old Acquisition," Legal Update, Seyfarth Shaw LLP (November 19, 2019)
- Co-Author, "Challenge to North Dakota Farm Equipment Dealer Statute May Give New Life to Contract Clause Arguments by Manufacturers," Legal Update, Seyfarth Shaw LLP (November 15, 2019)
- Co-Author, "California Adopts Major Changes to Warranty Reimbursement Requirements Effective January 1, 2020," Legal Update, Seyfarth Shaw LLP (October 21, 2019)
- Co-Author, "Dealer Management System Providers Join the Fray in Dispute Over Proper Scope of State Dealer Laws," Legal Update, Seyfarth Shaw LLP (October 10, 2019)
- Co-Author, "2019 NAMVBC Fall Workshop Features Panels on Internet Vehicle Sales and Dealer License Fraud," Legal Update, Seyfarth Shaw LLLP (September 24, 2019)
- Co-Author, "'Monroney Stickers' And Protecting Car Buyers From Fraud In The Age Of Online Motor Vehicle Sales," Legal Update, Seyfarth Shaw LLP (August 19, 2019)
- Co-Author, "Auto Manufacturers: Don’t Forget the Amended Franchise Rule When Considering New Business Opportunities," One Minute Memo, Seyfarth Shaw LLP (July 8, 2019)
- 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 Law360 (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)
- Co-Speaker, “Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2024,” Webinar, Seyfarth Shaw LLP (May 2, 2024)
- Co-Speaker, "Session 5: Commercial Litigation: Insights and Predictions for the Transportation & Logistics Industries in 2023," Webinar, Seyfarth Shaw LLP (April 27, 2023)
- Co-Presenter, "Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023, Part 3: Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023," Webinar Series, Seyfarth Shaw LLP (March 8, 2023)
- Co-Speaker, "Webinar Series - Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023," Webinar, Seyfarth Shaw LLP (February 7, 2023)
- Panelist, "Bumper-to-Bumper Coverage: Highlighting Significant Motor Vehicle Franchise Decisions and Developments in 2018," Webinar, Seyfarth Shaw LLP (March 21, 2019)
- USS Constitution board of overseers, 2012-present
- Hospitality Homes board of directors, 2006-2018