An accomplished antitrust lawyer, Brian Quinn steers clients through the most challenging civil and criminal antitrust matters. Brian approaches antitrust litigation and counseling holistically—he draws on his in-depth experience in trials, appeals, grand-jury investigations, class-action litigation, and agency advocacy to create leverage for his clients. And clients turn to Brian when the stakes are high, the case raises issues of first impression, or antitrust arguments play a critical role in business disputes. In recognition of his abilities, Law360 named Brian a “Rising Star” in antitrust law in 2023.
Brian also regularly advises clients on licensing disputes involving standard-essential patents and draws on that same experience to represent clients in patent cases and Section 337 investigations before the US International Trade Commission. For example, Brian advised Samsung in a dispute with chipmaker Qualcomm, Inc. over its standard-essential patent licensing practices, counseled a major automaker on FRAND issues and licensing strategy in negotiations with a “patent privateer.”
Brian was a key member of the trial team that won an acquittal for the former CEO of chicken producer Pilgrim’s Pride after prosecutors in the Antitrust Division of the Department of Justice unsuccessfully sought to prove criminal antitrust violations in an unprecedented three separate trials. Over the course of six months at trial, Brian prepared jury addresses, cross examined government witnesses, drafted and argued trial motions, and developed strategies to defeat important elements of the government’s case.
Similarly, Brian helped client Samsung Electronics overcome class-action antitrust claims alleging that it conspired with other manufacturers of Dynamic Random-Access Memory to restrict output. Brian persuaded the trial judge to dismiss the claims with prejudice, and his briefing before the US Court of Appeals for the Ninth Circuit resulted in a unanimous panel decision affirming the dismissal of the plaintiffs’ claims.
Brian’s plaintiff side antitrust experience includes representation of American Airlines in its high-profile monopolization trial against Sabre, a travel global distribution system. In addition to successful in limine challenges to Sabre’s trial evidence, Brian prepared American’s liability expert, upon whose testimony the jury relied to find that Sabre exercised monopoly power to stifle new entry and foreclose critical distribution channels.
In a case of first impression, Brian succeeded in obtaining dismissal of a Sherman Act claim against Bitcoin.com and other software developers in the cryptocurrency industry.
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.