Practice Areas
Antitrust
Antitrust Litigation
Corporate & Financial Services Litigation & Regulation
Global Litigation
ITC Litigation
Intellectual Property
Patent & Trade Secret Litigation
State Attorneys General Practice
Admissions
U.S. Court of Appeals, 11th Circuit
U.S. District Court, District of Columbia
U.S. Court of Appeals, 6th Circuit
District of Columbia
New York
Education
Georgetown University Law Center - J.D., 1989
Emory University - B.A., 1986
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Profile
Brian Wallach has litigated some of the largest commercial and antitrust cases to be tried in state and federal courts. These cases have concerned a broad range of issues, including contract disputes, commodities litigation, antitrust and class action litigation, civil RICO, fraud, breach of fiduciary duty, 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 has been recognized as a leading antitrust litigation and business litigation lawyer in Washington, DC by Super Lawyers magazine from 2014-2022 and by Lawdragon in 2022 as one of the 500 leading litigators in the United States.
His experience includes representation of a major brewer in a wide variety of complex commercial, antitrust and class action matters; 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; and a software manufacturer in trade secret and employment litigation.
Brian is a graduate of Emory University and the Georgetown University Law Center. He is admitted in New York and the District of Columbia, before the U.S. Courts of Appeals for the First, Third, Sixth and Eighth Circuits, and before the U.S. District Court for the District of Columbia.
Experience
Representative Highlights
- B. Fernández & Hnos., Inc. v. Anheuser-Busch, LLC. After an evidentiary hearing, denial of preliminary injunction and granting motion to compel arbitration in favor of Anheuser-Busch.
- Dichello Distributors, Inc. v. Anheuser-Busch, LLC. Obtained dismissal of all antitrust claims brought by the largest wholesaler of Anheuser-Busch products in Connecticut, including claims for per se antitrust violations, monopolization, attempted monopolization, and unlawful exclusive dealing.
- Manmohan v. Anheuser-Busch. Defeated class action in case brought by California retailers alleging price discrimination.
- 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.
- Ginsburg v. InBev nv/sa and Anheuser-Busch Companies, Inc.Denial of preliminary injunction to stop merger of InBev nv/sa and Anheuser-Busch.
- PSW v. VISA, et al. Dismissal of all antitrust claims brought against clients First Financial Bank and First Data Merchant Services.
- In re Milk Products Antitrust Litigation.Denial of class certification on behalf of Land O’Lakes in a class action alleging price-fixing.
- Wholesaler Equity Development Corp. v. Crown of Everett. Secured preliminary injunction on behalf of minority owner against majority owner, based on breach of fiduciary duty and breach of contract.
- Rex Distributing v. Anheuser-Busch. Represented Anheuser-Busch in connection with statutory and contract claims filed by former distributor and antitrust cross-claims brought by Yuengling.
- 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.
- Badillo v. Playboy Entertainment Group.Summary judgment for Anheuser-Busch on RICO 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.
- 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.
- Danz v. Nestlé S.A. Successful defense of Swiss parent in jurisdictional challenge in Texas state court action.
- 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.
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