Antitrust & Competition
Resolving Complex Antitrust Disputes Through Strategic Mediation
Antitrust cases are fact-intensive, expert-heavy, and litigated at the intersection of law and economics. As such, these cases demand a mediator with deep legal insight and fluency in economic concepts. With almost 30 years of experience litigating complex antitrust cases, I offer a proven approach to antitrust mediation rooted in preparation, realism, and strategic problem-solving. Whether you are facing a merger challenge, pricing dispute, or multi-party class action, I help parties cut through complexity and work toward resolution.
What I bring to the Mediation Table
Extensive experience in Sherman Act and Clayton Act matters, including monopolization and restraint of trade claims.
A track record representing both plaintiffs and defendants in bet-the-company antitrust litigation.
Strong understanding of economic expert analysis, market definition, and regulatory pressures.
A direct, informed style that keeps parties focused on commercial outcomes.
Mediation Is Especially Valuable When
Defendants face pressure to settle even unmeritorious claims because the federal antitrust laws impose treble damages, joint and several liability, and no right of contribution. Taken together, these aspects of the law mean that a single defendant (even one with a small market share) can be held liable for three times the amount of actual damages arising from the sales of all defendants, not just that one defendant’s sales.
Litigation costs often exceed $10 million, and cases last several years.
Regulatory investigations create pressure to resolve parallel private claims.
Parties need a confidential forum to explore creative business solutions and structure future conduct.
Representative Matters
(For Illustration Purposes Only)
Defended two of the nation’s largest producers of agricultural products in multiple class actions and individual actions alleging a conspiracy to reduce supply and raise prices in violation of the Sherman Act.
Lead attorney for one of the nation’s largest property and casualty insurance companies in a purported nationwide class action and in several related individual actions involving allegations of a customer-allocation conspiracy in violation of the Sherman Act, various state antitrust statutes, and RICO.
Member of trial team that represented the nation’s largest video retailer in a major antitrust case involving accusations of conspiracy, concerted refusal to deal, and price discrimination.
Lead attorney for one of the largest chains in the quick-serve restaurant industry in a putative nationwide class action alleging that a supposed no-hire clause in a franchise agreement violated the Sherman Act and the Texas Free Enterprise and Antitrust Act.
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What types of antitrust cases are best suited for mediation?Mediation is especially effective in antitrust cases involving multiple parties, regulatory overlap, or potential class certification. It’s an efficient path when parties seek control over timing and outcome.
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Can mediation proceed while government investigations are ongoing?Yes. Mediation can run in parallel to regulatory inquiries and may help streamline litigation exposure or facilitate partial resolution of related private claims.
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Do you mediate class actions?Yes. I have significant experience in class action defense and bring that insight to mediating class-wide claims, including pre-certification settlements.
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What advantages does your trial background offer in antitrust mediation?My ability to assess litigation risk, anticipate discovery battles, and pressure-test legal arguments gives parties a clearer view of their options.
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How can we determine if our matter is appropriate for mediation now?I am available for a confidential consultation to discuss case posture and whether mediation makes sense at this stage.
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What types of contract disputes are best suited for mediation?Most commercial contract disputes—including those involving services, goods, earnouts, reps and warranties, or interpretation of ambiguous terms—can benefit from mediation, especially when time and cost matter.
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Does Brian handle cases with active bankruptcy components?Yes. I have mediated adversary proceedings and post-petition disputes where timing, complexity, and court involvement require special sensitivity.
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Can mediation help with business “divorces?”Absolutely. I bring a balanced, experienced perspective to partner separations, helping parties preserve their dignity and reach agreements that minimize business disruption.
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How long does the mediation process usually take?A full-day session is standard, and because of my extensive pre-mediation preparation, many matters resolve within a single day.
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How do we know if our case is ready for mediation?I offer confidential consultations to help determine timing and strategy.
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What employment cases are best suited for mediation?Non-competes, trade-secret theft, wage-and-hour class actions, whistleblower retaliation, wrongful termination—especially when publicity or business disruption is a concern.
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Can we mediate while a temporary restraining order is pending?Yes. Mediation can occur in parallel; parties often pause injunction hearings to explore settlement.
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How does your trial background help?I can stress-test damages models, evaluate the likelihood of injunctive relief, and forecast jury perceptions of executive conduct.
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Does mediation preserve D&O coverage?Settling early may prevent defense-cost erosion and avoid exclusions triggered by final adjudication.
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Is mediation confidential under Texas law?Yes. Texas Civil Practice & Remedies Code §154 protects mediation communications from disclosure.
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Are technical experts allowed in mediation sessions?Yes, I encourage limited expert participation to clarify complex engineering, scientific, or valuation points when it advances settlement.
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Can mediation coordinate with ongoing MDL proceedings?I work with liaison counsel and MDL judges to structure bellwether or global-resolution discussions without slowing court schedules.
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Do you handle real-estate cases with pending foreclosures?Yes, I often mediate title, lease, and development disputes where timing is critical.
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How do you address privileged malpractice issues?Privilege and work-product doctrines remain protected because mediation communications are confidential under Texas §154 and FRE 408.
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What if multiple insurers are involved?My mass-tort and product-liability experience helps align carrier positions and explore layered contribution structures.
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What fraud claims work best in mediation?FCA, securities-fraud, consumer-fraud, TCPA, and Anti-SLAPP disputes benefit from private resolution that caps exposure and avoids adversarial discovery.
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Can we mediate before government agencies finish investigations?Yes, mediation can proceed in parallel and often informs regulators of the parties’ commitment to resolution.
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Do you handle nationwide consumer classes?I have litigated and mediated multi-jurisdictional consumer-protection and TCPA class actions, bringing class-certification insight to negotiations.
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How are statutory penalties addressed in mediation?I help parties model worst-case exposure, then craft settlement structures that balance restitution, compliance changes, and confidentiality.
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Is mediation protected from discovery?Texas Civil Practice & Remedies Code §154 and Federal Rule of Evidence 408 protect mediation communications from later use in court.
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What qualifies as an “other complex matter” for mediation services?Any high-stakes commercial dispute that does not squarely fit into antitrust, contract, employment, or specialty categories. Examples include supply-chain breakdowns, franchise disputes, trade secrets intertwined with contract claims, or multi-party indemnity actions.
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Can you mediate when parties are in different countries?Yes. I frequently conduct hybrid in-person and video sessions and am familiar with international arbitration frameworks.
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How are multiple insurers handled?I schedule pre-mediation calls to align carrier representatives, coverage counsel, and insureds so cost-sharing and coverage issues do not derail negotiations.
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Do you provide evaluations or only facilitate?I tailor my role. Parties may request a purely facilitative approach or a reality-testing evaluation where I share candid risk assessments.
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What materials should we submit before mediation?A concise case statement, key documents, and any expert summaries are ideal. I will host separate calls to clarify additional needs.
Initiate the Resolution Process
If you are seeking a skilled and experienced mediator to help resolve a complex business dispute, I invite you to contact me for a confidential consultation. We can discuss your case and how my approach can help you achieve a timely and effective resolution.