Brent operates a broad antitrust practice, with a particular focus on cartel defense, litigation, and merger clearances. He is co-leader of the firm’s Antitrust Practice Group, served as the co-chair of the Cartel and Criminal Practice Committee of the ABA’s Antitrust Section, and currently serves as the co-chair of the Section’s Trial Practice Committee. He is also an editor of the three-volume State Antitrust Practice and Statutes (Fifth) published by the ABA Antitrust Section and is a past chair of the Antitrust Section of the Virginia State Bar.
- Litigation: Brent has litigated matters in federal courts throughout the United States and has handled cases under virtually every aspect of the antitrust laws including monopolization, price fixing, horizontal and vertical conspiracies including no-poach, boycotts, and price discrimination, as well as a number of state antitrust and unfair competition statutes.
- Cartel Investigations: Brent has successfully represented both corporate clients and individuals located throughout the world in connection with global criminal antitrust cartel investigations. His practice has included representation of clients before the U.S. Department of Justice, Federal Trade Commission, the Canadian Competition Bureau, and the European Commission Directorate General for Competition.
- Merger Control: Brent has worked extensively on merger investigations involving both domestic and European companies and coordinates the preparation of both Hart-Scott-Rodino and international premerger clearance filings.
Brent is a Fellow of the American Bar Foundation and for multiple years has been selected by Global Competition Review for inclusion in International Who’s Who of Competition Lawyers. Brent was also recognized six times as a Rising Star in Virginia for antitrust litigation by Super Lawyers.
Experience
- Served as lead counsel in defense of major transportation and logistics provider in nationwide class action alleging a no-poach conspiracy for truck drivers.
- Represented leading petroleum exploration and production company in defense of class action alleging global conspiracy to reduce oil output and inflate gasoline prices.
- Served as lead counsel for specialty home products manufacturer in consolidated multi-state class action in which plaintiffs alleged nearly $1 billion in total damages from purported horizontal and vertical antitrust conspiracies.
- Represented leading rail transportation company as plaintiff in monopolization lawsuit challenging denial of access to key terminal facilities.
- Representation of industry-leading manufacturer in global cartel investigation involving simultaneous government investigations in Europe, Canada and the United States.
- Coordinated the successful merger clearance of two global manufacturers, handling simultaneous investigations by authorities in the United States, Europe, Australia, New Zealand, and South Africa.
- Representation of large multinational corporation in the establishment and maintenance of antitrust compliance and audit programs across multiple business units.
- Representation of major food company in antitrust litigation brought by competitor asserting both conspiracy and monopolization claims.
- Regular representation of both buyers and sellers regarding the antitrust implications of major corporate transactions, including Hart-Scott-Rodino premerger notification and investigations in the United States and the coordination of pre-merger notification filings in other jurisdictions around the world.
- Frequent advisor to merger arbitrage funds regarding the timing and likelihood of government antitrust challenges to announced merger transactions.
- District of Columbia
- Virginia
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
Fellow, American Bar Foundation
Selected for inclusion in “WWL: Thought Leaders USA,” 2024
Selected for inclusion in “WWL: Competition,” 2024
Selected for inclusion in “Legal 500 United States,” Antitrust – Civil Litigation/Class Actions: Defense, 2020-2024; Antitrust – Cartel, 2023, 2024
Selected for inclusion in International Who’s Who of Competition Lawyers, Global Competition Review, 2019-2024
Named to “Virginia Rising Stars,” Antitrust Litigation, Super Lawyers, Thomson Reuters, 2009, 2011-2015
- Author, Supreme Court Denial Has Implications for Criminal Antitrust Enforcement, McGuireWoods Legal Alert, November 19, 2024
- Author, FTC and DOJ Finalize Significant Changes to HSR Form, McGuireWoods Legal Alert, October 11, 2024
- Author, Texas Federal District Court Sets Aside FTC’s Non-Compete Rule Nationwide, McGuireWoods Legal Alert, August 22, 2024
- Author, "All Dressed Up with No Place to Go? The FTC’s Ban on Non-Competes is Ready, but Legal Challenges Await," CPI Antitrust Chronicle, July 2024
- Author, FTC Announces 2024 Hart-Scott-Rodino Premerger Filing Thresholds, McGuireWoods Legal Alert, January 23, 2024
- Author, DOJ and FTC Issue New Merger Guidelines, McGuireWoods Legal Alert, December 21, 2023
- Author, DOJ Announces Safe Harbor Policy for Mergers and Acquisitions, Subject to Inquiry, October 6, 2023
- Author, “There are Cops on the Beat”: DOJ’s Procurement Collusion Strike Force Leader Emphasizes Criminal Antitrust as Top Enforcement Priority, Subject to Inquiry, October 2, 2023
- Author, FTC and DOJ Release Draft Updates to Horizontal and Vertical Merger Guidelines, McGuireWoods Legal Alert, July 24, 2023
- Author, Federal Trade Commission and Department of Justice Propose Overhaul of HSR Form, McGuireWoods Legal Alert, June 28, 2023
- Author, Trial Court Rejects DOJ Antitrust Division’s No-Poach Legal Theory and Acquits Defendants, McGuireWoods Legal Alert, April 28, 2023
- Author, DOJ Withdraws ‘Out of Date’ Antitrust Enforcement Guidance Relating to Healthcare Providers, McGuireWoods Legal Alert, February 8, 2023
- Author, DOJ Antitrust Division Announces Increased Scrutiny of Information Sharing, McGuireWoods Legal Alert, February 3, 2023
- Author, DOJ Considers Updated Guidance on Information-Sharing, as Part of Renters Bill of Rights, McGuireWoods Legal Alert, January 26, 2023
- Author, FTC Announces 2023 Hart-Scott-Rodino Premerger Filing Thresholds, McGuireWoods Legal Alert, January 24, 2023
- Author, New Spending Package Changes Merger Filing Fees, Bars Transferring State AG Antitrust Lawsuits, McGuireWoods Legal Alert, December 30, 2022
- Author, DOJ Antitrust, HHS Enter 2023 With New Memorandum of Understanding, Coordinated Enforcement, McGuireWoods Legal Alert, December 27, 2022
- Author, Antitrust Enforcers Focusing on Clayton Act Section 8, Interlocking Directorates: Know Your Risk, McGuireWoods Legal Alert, November 2, 2022
- Author, DOJ Secures Guilty Plea in First Section 2 Prosecution in Decades, McGuireWoods Legal Alert, November 2, 2022
- Author, DOJ Signals Intent to Bring Criminal Charges for Monopolization, McGuireWoods Legal Alert, March 7, 2022
- Author, DOJ, Federal Maritime Commission to Cooperate on Antitrust Enforcement in Ocean Shipping Industry, McGuireWoods Legal Alert, March 3, 2022
- Author, Federal Trade Commission Announces 2022 Changes to Hart-Scott-Rodino Filing Thresholds, McGuireWoods Legal Alert, January 21, 2022
- Co-author, "FTC Introduces Policy That Penalizes Repeat Merger-Clearance Players," The Antitrust Counselor, Issue 16.2, January 2022
- Author, FTC to Send Warnings That Companies Close “at Their Own Risk” Despite Waiting Period Expiration, McGuireWoods Legal Alert, August 4, 2021
- Author, Biden Signs Sweeping Executive Order Designed to Expand Antitrust Regulation and Increase Enforcement, McGuireWoods Legal Alert, July 9, 2021
- Author, President Biden Signs Executive Order Targeting Employee Noncompete Agreements, McGuireWoods Legal Alert, July 9, 2021
- Author, FTC Announces Lower Hart-Scott-Rodino Filing Thresholds for 2021, McGuireWoods Legal Alert, February 1, 2021
- Author, FTC/DOJ Rule Would Enhance Premerger Reporting Requirements for Investment Funds, McGuireWoods Legal Alert, December 2, 2020
- Author, DOJ, FTC Clarify Merger Review Analysis With New Vertical Merger Guidelines, McGuireWoods Legal Alert, July 6, 2020
- Author, DOJ, FTC Warn Against Employment Collusion That Harms COVID-19 Front-Line Workers, McGuireWoods Legal Alert, April 15, 2020
- Author, Businesses Get Faster Antitrust Help, But DOJ, FTC Warn Against Using Crisis to Curb Competition, McGuireWoods Legal Alert, March 31, 2020
- Author, FTC Announces 2020 Changes to Hart-Scott-Rodino Filing Thresholds, McGuireWoods Legal Alert, January 30, 2020
- Author, DOJ Launches Interagency Antitrust Procurement “Strike Force”, McGuireWoods Legal Alert, November 18, 2019
- Author, Washington State to Implement Mandatory Healthcare M&A Reporting, McGuireWoods Legal Alert, August 19, 2019
- Author, DOJ Changes Policy — Now Will Credit Corporate Antitrust Compliance, McGuireWoods Legal Alert, July 16, 2019
- Author, HB 1243: Florida Senate Does Not Pass Mandatory Healthcare M&A Reporting, McGuireWoods Legal Alert, May 17, 2019
- Author, 5 Things Healthcare Dealmakers Should Know About Florida House Bill 1243, McGuireWoods Legal Alert, April 18, 2019
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Thresholds, McGuireWoods Legal Alert, February 18, 2019
- Co-author, "ABA Cartel Criminal Practice," Cartel & Criminal Practice Committee Newsletter, ABA Section of Antitrust Law, Summer 2018
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Thresholds, McGuireWoods Legal Alert, January 20, 2017
- Co-author, "United States Competition Law Considerations in Corporate Restructurings," Reorganizing Failing Businesses: A Comprehensive Review and Analysis of Financial Restructuring and Business Reorganization, 2017
- Author, Look Before You Leap: Cautionary Tale of a Non-Reportable Transaction, McGuireWoods Legal Alert, November 29, 2016
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Thresholds, McGuireWoods Legal Alert, January 22, 2016
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Requirements, McGuireWoods Legal Alert, January 21, 2015
- Author, DOJ Penalizes Companies $5 Million for Premerger “Gun-Jumping” Violation, McGuireWoods Legal Alert, December 1, 2014
- Author, Connecticut Requires Pre-Acquisition Notice of Physician Practices and Hospitals, McGuireWoods Legal Alert, October 20, 2014
- Author, Club Deal Litigation Ends with Settlement as PE Firms Pursue New Deal Structures, McGuireWoods Legal Alert, September 16, 2014
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Requirements, McGuireWoods Legal Alert, January 17, 2014
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Requirements, McGuireWoods Legal Alert, January 11, 2013
- Author, October Antitrust Bulletin, McGuireWoods Legal Alert, October 25, 2012
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Requirements, McGuireWoods Legal Alert, January 26, 2012
- Author, August Antitrust Bulletin, McGuireWoods Legal Alert, August 23, 2011
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Requirements, McGuireWoods Legal Alert, January 24, 2011
- Author, March Antitrust Group Bulletin, McGuireWoods Legal Alert, March 18, 2010
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Requirements, McGuireWoods Legal Alert, January 19, 2010
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Requirements, McGuireWoods Legal Alert, February 3, 2009
- Author, Antitrust Bulletin, McGuireWoods Legal Alert, February 5, 2008
- Author, FTC Announces Changes to Hart-Scott-Rodino Filing Requirements, McGuireWoods Legal Alert, January 29, 2008
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Harvard Law SchoolJD
magna cum laude
2000 -
The College of William & MaryBSGovernment and Chemistry
summa cum laude
1997
Fellow, American Bar Foundation, 2018-present
Vice-Chair, Long Range Planning Committee, Antitrust Law Section, American Bar Association, 2020-2021
Co-Chair, Cartel & Criminal Practice Committee, Antitrust Law Section, American Bar Association, 2017-2020
Co-Chair, Trial Practice Committee, Antitrust Law Section, American Bar Association, 2021-present
President, 2011-2012, Antitrust, Franchise and Trade Regulation Section, Virginia State Bar
President, 2009-2012, Rebuilding Together of Richmond
Member, Antitrust Section, American Bar Association
Member, District of Columbia Bar Association
- Speaker, Antitrust and Competition Update: Fall Edition, October 23, 2024
- Speaker, "Perspectives on the Investigation & Prosecution of Anti-Competition Criminal Cases," Seventh Annual White-Collar Criminal Law Forum, September 14, 2023
- Speaker, Antitrust & Competition Update: Back-to-School Edition, September 14, 2023
- Speaker, Antitrust & Competition Update, April 27, 2023
- Speaker, 2023 Antitrust Spring Meeting, March 29-31, 2023
- Speaker, Antitrust & Competition Update, January 26, 2023
- Speaker, Hot Topics in Higher Education Webinar, August 24, 2022
- Moderator/Chair, "Merger Enforcement Trends: Forging New Boundaries?," ABA Section of Antitrust Law 2022 Spring Meeting, April 6, 2022
- Panelist, "The Basics of Antitrust Law for the Novice Attorney," ABA Antitrust Section CLE Program, October 18, 2021
- Moderator/Chair, "Whatever Happened to Global Cartel Enforcement?," ABA Antitrust Section, April 18, 2020
- Speaker, Antitrust Litigation Forum, Charleston, SC, October 27-29, 2019
- Speaker, "Caveat Emptor: What You Need to Know About International M&A in the Trump Era," Virginia State Bar Annual Meeting, June 2019
- Moderator, "The State of Cross-Border Criminal and Cartel Enforcement: Enforcement Trends in the U.S. and Canada," Cross-Border Criminal and Cartel Enforcement, May 21, 2019
- Speaker, "Overview of the Innovation Economy—Increased Importance of Knowing Your Client’s Business," Business Lawyering in the Innovation Economy: New Business Models + More Regulation = Opportunities and Challenges for Company Counsel, Virginia Law Foundation, Virginia State Bar's Advanced Business Law Conference, 45th Annual Advanced Business Law Conference, September 7-8, 2018
- Panelist, Antitrust Enforcement and Hot Topics Forum, May 17, 2018
- Moderator, "Is Cartel Leniency Still Worth It," ABA Section of Antitrust Law 2018 Spring Meeting, April 12, 2018
- Moderator, "The Interplay between Public and Private Cartel Enforcement," GCR Live 3rd Annual Cartels, April 10, 2018
- Panelist, "Hart-Scott-Rodino Basics," ABA Antitrust Section CLE Program, February 8, 2018
- Panelist, "Vertical Mergers – Views Across the Border," CBA Fall Conference on Competition Law, October 2017
- Speaker, "Current Issues in Antitrust," Compliance in the Real World — A Practical Roundup of Today’s Top Issues, October 2017
- Speaker, "Pre-Merger Coordination: From Value Confirmation to Value Capture," Hot Topics in Antitrust Compliance and Enforcement Conference, McGuireWoods LLP Conference, October 2017
- Speaker, Monthly Antitrust Developments Update, May 2017
- Moderator, "Ask Me Anything About…Cartel Investigations In Asia," ABA Section of Antitrust Law, Cartel & Criminal Practice Committee, Cartel & Criminal Practice Committee, March 2017
- Speaker, "Competitor Collaborations and Joint Ventures," Hot Topics in Antitrust Compliance and Enforcement, McGuireWoods Seminar, December 2016
- Speaker, "To Merge or Not to Merge . . . The Top Issues to Consider Before Jumping On The Merger Bandwagon," IAHA 34th Annual Health Law Symposium, November 2016
- Moderator, "Ask Me Anything About...Cartel Investigations in the EU," ABA Section of Antitrust Law, Cartel & Criminal Practice Committee, October 2016
- Speaker, "U.S. Department of Justice suing activist for alleged Hart-Scott-Rodino violation," SEC Compliance and Disclosure Update, McGuireWoods LLP SEC Practice Complimentary Webinar Series, May 2016
- Panelist, "Getting Your Client’s Products and Services to Market: Evolving Distribution Models and Issues in Domestic and Foreign Markets ," 43rd Advanced Business Law Conference, Business Law Section of the Virginia State Bar, April 2016
- Moderator, The DOJ Amnesty Program After The Yates Memo, ABA Section of Antitrust Law Civil Practice and Procedure Committee and Cartel and Criminal Practice Committee, March 2016
- Speaker, Healthcare Antitrust: Hot Issues in M&A, Joint Ventures and Competitor Collaboration, McGuireWoods Seminar, February 2016
- Moderator, Cartel Investigations in Latin America, ABA Section of Antitrust Law, Cartel & Criminal Practice Committee, November 2015
- Speaker, “Catch as Catch Can”: Extradition of Cartel Members, Antitrust Law Section Horizontal Restraints Committee, New York State Bar Association, November 2015
- Speaker, 43rd Annual Advanced Business Law Conference: Back to the Future—Business Lawyering for All Stages of the Company Life Cycle, October 2015
- Speaker, "Gun Jumping: Premerger Antitrust Compliance," Hot Topics in Antitrust Compliance, McGuireWoods LLP Seminar, October 2015
- Moderator, "Ask Me Anything About… Conducting the Investigation After the Dawn Raid," ABA Section of Antitrust Law, July 2015
- Speaker, "Showcase CLE: Caveat Emptor: International Mergers and Acquisitions," Virginia State Bar Annual Meeting, June 2015
- Moderator, "Ask Me Anything About... Dawn Raids," ABA Section of Antitrust Law, March 2015
- Moderator, "Ask Me Anything About… Markers and Leniency," ABA Section of Antitrust Law, January 2015
- Speaker, "Analyzing Conspiracies with Both Vertical and Horizontal Components," ABA Section of Antitrust Law, January 2015
- Speaker, "Strategies for Successful Compliance Programs Pitfalls and Traps for the Unwary," Virginia State Bar Annual Meeting, June 2012
- Speaker, "Multi-Jurisdictional Merger Investigations: A Case Study of the Equitable-Dominion Resources Transaction," Virginia State Bar Annual Meeting, June 2012