Corporate & Financial Services Litigation & Regulation
State Attorneys General Practice
U.S. Court of Appeals, 6th Circuit
U.S. District Court, District of Columbia
U.S. Court of Appeals, 11th Circuit
District of Columbia
Georgetown University Law Center - J.D., 1989
Emory University - B.A., 1986
Brian Wallach is co-head of Cadwalader’s Antitrust Litigation practice. He has decades of experience in complex antitrust matters, and has litigated some of the largest commercial and antitrust cases to be tried in state and federal courts.
Brian’s experience covers a broad range of issues, including antitrust and class action litigation, contract disputes, commodities litigation, civil RICO, fraud, business torts, dealer terminations, theft of trade secrets, false advertising and defamation. He also has extensive experience in defending class actions, and has assisted in the defense of civil and criminal government investigations. Brian is consistently recognized by Super Lawyers as a leading antitrust and business litigation lawyer in Washington, D.C.
His experience includes representation of a major brewing company in a wide variety of complex commercial, antitrust and class action matters, as well as in connection with compliance with a consent decree entered into with the U.S. Department of Justice (DOJ); the nation's largest dairy cooperative in litigation relating to commodities transactions; a multinational food and beverage manufacturer in trade secrets and business tort matters; a financial services company in antitrust and class action matters related to interchange fees in the ATM industry; and a software manufacturer in trade secret and employment litigation.
Brian received his J.D. from the Georgetown University Law School and his B.A. from Emory University. He is admitted in New York and the District of Columbia, before the U.S. Courts of Appeals for the Sixth and Eleventh Circuits, and before the U.S. District Court for the District of Columbia.
- Manmohan v. Anheuser-Busch. Representing Anheuser-Busch in connection with putative class action brought by California retailers.
- Pizza Hut, Inc. et al., v. Dairy Farmers of America. Represented nation’s largest dairy cooperative on claims related to allegations of manipulation of spot cheese market and milk futures contracts.
- Dichello v. Anheuser-Busch. Representing Anheuser-Busch in connection with federal and state antitrust challenge to distribution contract.
- Rex Distributing v. Anheuser-Busch. Represented Anheuser-Busch in connection with antitrust cross-claims brought by Yuengling.
- In re ATM Fee Antitrust Litigation. Summary judgment for First Data Corp. in putative antitrust class action challenging setting of interchange fees in the ATM industry.
- Badillo v. Playboy Entertainment Group. Summary judgment for Anheuser-Busch onRICO and tort claims.
- Voeks v. Pilot Travel Centers. Dismissal of class action damages claim on the pleadings.
- Warren Distributing, et al. v. InBev USA & Anheuser-Busch, Inc. Jury verdict in favor of Anheuser-Busch in federal court in Camden, New Jersey in case brought by terminated distributors of InBev brands.
- Afa Dispensing v. Anheuser-Busch. Successful defense of Anheuser-Busch in theft of trade secret claim.
- Anheuser-Busch, LLC v. Stumbo, et al. Represented Anheuser-Busch in regulatory proceedings and related state court lawsuit regarding dispute over state issuance of alcoholic beverage license.
- Ginsburg v. InBev nv/sa and Anheuser-Busch Companies, Inc. Denial of preliminary injunction to stop merger of InBev nv/sa and Anheuser-Busch.
- Whetstone Candy Co. v. Nestlé, U.S.A., Inc. Summary judgment for Nestlé on claims of theft of trade secrets, breach of contract, fraudulent inducement and negligent misrepresentation.
- Novelis Corporation v. Anheuser-Busch, Inc. Summary judgment for Anheuser-Busch in a contract dispute relating to the purchase of aluminum cansheet.
- PSW v. VISA, et al. Dismissal of all antitrust claims brought against clients First Financial Bank and First Data Merchant Services.
- Danz v. Nestlé S.A. Successful defense of Swiss parent in jurisdictional challenge in Texas state court action.
- In re Milk Products Antitrust Litigation. Denial of class certification on behalf of Land O’Lakes in a class action alleging price-fixing.
- Maris Distributing Co., Inc. v. Anheuser-Busch, Inc. Jury verdict in favor of Anheuser-Busch upholding distribution contract against antitrust challenge.
- Anheuser-Busch, Inc. v. G.T. Britts Dist., Inc. Dismissal of antitrust and Robinson-Patman Act claims brought by a terminated distributor.
- In re Baby Food Antitrust Litigation. Summary judgment for Nestlé in a nationwide class action alleging price-fixing.
- MicroStrategy, Inc. v. Business Objects, S.A. Injunction issued against the client's competitor after an eight-day trial in which the court found theft of trade secrets.
- Miller Brewing Co. v. Anheuser-Busch, Inc. Denial of request for preliminary injunction in a false advertising/Lanham Act case.
- New York v. Anheuser-Busch, Inc. Defense verdict in a three-month bench trial in which the State of New York challenged as an antitrust violation the adoption of exclusive distribution territories.
- Auger v. Stouffer Corp. Jury trial in a $80 million case involving the standard of professional management required under a written hotel management contract.