Brian P. Quinn
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A member of the firm’s Antitrust and Competition Practice Group, Brian Quinn represents clients in a broad range of commercial and criminal matters. Brian focuses his practice on complex antitrust litigation and regulatory defense, and his experience spans a broad spectrum of industries including automobiles, agriculture, digital currencies, telecommunications, home appliances, consumer electronics, building materials, financial services, defense contracting, consumer goods, healthcare, pharmaceuticals, and transportation services. Brian has particular expertise at the intersection of antitrust and intellectual property law, and regularly counsels clients on the antitrust implications of FRAND commitments and other aspects of the standards-development process.
Brian has represented clients at every stage of litigation. He has briefed and argued dispositive motions in federal district court; first-chaired the depositions of fact and expert witnesses; briefed and argued Daubert motions and motions in limine; examined fact and expert witnesses at trial; and briefed and argued cases in support of clients in the U.S. Courts of Appeals.
Previously, Brian was a key member of the team that helped Samsung secure a favorable settlement from Qualcomm, Inc. to resolve concerns over the latter’s standard-essential patent (SEP) licensing practices. Currently, Brian is counseling a major automaker on FRAND issues and licensing strategy in negotiations with wireless SEP holders, a retention that builds on Brian’s past experience representing putative SEP licensees. Brian recently co-authored an article in the American Bar Association’s Antitrust magazine that focuses on developments in the U.S. regulatory approach to SEP licensing. And Brian maintains an active SEP amicus practice, representing some of the country’s foremost experts in antitrust law and economics and the Fair Standards Alliance in cases involving SEPs.
Brian’s expertise extends to civil and criminal cartel defense. He was a key member of the team that won summary judgment for Samsung after eight years of litigation in multi-district and class action proceedings, defeating antitrust conspiracy claims seeking more than $1 billion in actual damages and $3 billion in trebled damages. American Lawyer selected that victory as a finalist for its “Global Litigation/Dispute Resolution of the Year” award in 2018.
More recently, Brian served as the principal drafter of multiple successful motions to dismiss class-action antitrust conspiracy claims alleging that Samsung and other manufacturers of Dynamic Random-Access Memory conspired to restrict output. The case is now on appeal to the U.S. Court of Appeals for the Ninth Circuit; Brian drafted the defendants’ joint answering brief.
Brian also successfully defended Bitcoin.com and software developers in a case of first impression involving the application of the Sherman Act to the cryptocurrency industry. Brian briefed and argued two rounds of motions to dismiss, and helped to persuade the court to dismiss the case with prejudice. The plaintiff declined to take an appeal to the U.S. Court of Appeals for the Eleventh Circuit.
Brian is currently defending a former senior executive of a multinational poultry supplier against price-fixing and bid-rigging allegations in a criminal trial pending in the U.S. District Court for the District of Colorado.
Prior to joining O’Melveny, Brian served in the White House from 2010 through 2012 and at the Office of the US Trade Representative from 2012 through 2013.
Honors & Awards
- Recognized in Best Lawyers® "Ones to Watch" list for Antitrust Law (2023)
- District of Columbia
- US District Courts for the Eastern and Western Districts of Virginia, and Colorado
- District of Columbia Court of Appeals
- US Courts of Appeals for the Fourth, Seventh, Ninth, and Eleventh Circuits
- Supreme Court of Virginia
- Stanford University, J.D.: Senior Online Editor, Stanford Law Review
- Stanford University, B.A., American History
- “The Future of the Past: Taking Stock of SEP Policy at the Outset of the Biden Administration,” (co-authors Ian Simmons, Scott Schaeffer, and Eric Rodriguez), American Bar Association Antitrust Magazine Volume 35, No. 3 (Summer 2021).
- Brief of Fair Standards Alliance a.s.b.l. as Amicus Curiae in Support of Plaintiff-Appellant and Reversal, Continental Automotive Systems, Inc. v. Avanci, LLC et al., No. 20-11032 (5th Cir. Feb. 16, 2021), Doc. 00515745468.
- “FTC v. Qualcomm and the Potential Implications for Section 2,” 18 Monopoly Matters 4, ABA Antitrust Section Unilateral Conduct Committee (Nov. 23, 2020)
- Brief of 46 Amici Curiae Law and Economics Scholars in Support of Petition for Rehearing En Banc, Federal Trade Commission v. Qualcomm Inc., No. 19-16122 (9th Cir. Nov. 27, 2019), Dkt. 257.
- Brief of Amici Curiae Law and Economics Scholars in Support of Appellee and Affirmance, Federal Trade Commission v. Qualcomm Inc., No. 19-16122 (9th Cir. Nov. 27, 2019), Dkt. 153.
- “The Hold-Up Tug-of-War—Paradigm Shifts in the Application of Antitrust to Industry Standards,” Competition (December 11, 2018)
- "Thou Art Weighed In The Balance-And Found Wanting? Evidence in Government Merger and Monopolization Litigation" (co-authors Ian Simmons and James Keyte), American Bar Association Antitrust Magazine Volume 37, No. 1 (Fall 2022).
- ABA Section of Antitrust Law