White & Case
 
Noah A. Brumfield
Partner
Silicon Valley, Washington, DC

T: + 1 650 213 0395 (Silicon Valley)
T: + 1 202 626 3698 (Washington, DC)
F: + 1 650 213 8158
E:
Practice Experience
Noah A. Brumfield advises clients with respect to all issues arising under US federal and state antitrust and competition laws. Mr. Brumfield defends clients at trial and before the federal antitrust agencies, having successfully represented clients in over 100 M&A and joint venture transactions before the antitrust agencies. He also actively counsels on antitrust issues raised by competitor collaborations, patent settlements, IP licensing, and distribution agreements.

Resident in both the Silicon Valley and Washington, DC offices, Mr. Brumfield's practice has focused on the intersections of antitrust and intellectual property and industry-specific regulation. Representative technology clients include those providing chemical, computer and telecommunications hardware, semiconductors, and software products and services. Representative clients in sector regulated industries include financial networks and services, medical devices, pharmaceuticals and biotechnology, cable television, gaming, and transportation. Mr. Brumfield also advises clients on competition issues involving consumer products and both online and traditional retail services.

Litigation

Mr. Brumfield's litigation experience includes representation of both defendants and plaintiffs at trials involving complex claims under federal and state competition and intellectual property laws. Representative antitrust litigation matters include:
  • Defeat of an Application for a Temporary Restraining Order and Preliminary Injunctive Relief in a federal antitrust suit alleging a refusal to deal, monopoly leveraging, essential facility and other claims in the Northern District of California on behalf of Ellie Mae
  • Defeat of antitrust claims challenging patent licenses in Pollard Banknote Ltd. Partnership v. Scientific Games International
  • Successfully litigated antitrust counterclaims to patent litigation in Adiscov LLC v. Autonomy, Corp. PLC and in Shionogi Pharma v. Mylan
  • Representation of Stolt-Nielsen in the landmark dismissal of a criminal indictment, enforcing an amnesty agreement revoked by the Department of Justice
  • Jury trial and dismissal of antitrust claims in Marco Island Cable v. Comcast Cablevision of the South
  • Co-chair in successful arbitration between medical device manufacturers, including complex antitrust, trade secret, contract, and business tort allegations
  • Successful appeals before the First and Second Circuit Courts of Appeals on issues of arbitrability of antitrust claims in Kristian v. Comcast, and JLM v. Stolt-Nielsen

M&A and Joint Venture Transactions

Mr. Brumfield has significant experience successfully representing clients in connection with both US and international merger control, involving a wide range of industries and complex issues.

Recent clearances include:
  • Hess' $850 million sale of its liquid petroleum storage terminal network to Buckeye Partners
  • Mexichem SAB de CV's acquisitions of PolyOne’s specialty PVC resin business and of the AlphaGary plastic compounding business 
  • Comex's sale of its U.S. and Canadian architectural paint and coatings business to Sherwin-Williams
  • Toyota Industries' acquisition of Cascade Corporation 
  • Fisher Communications' sale to Sinclair Broadcasting of 23 TV and radio stations in the Western US
  • Grupo Bimbo SAB de CV's acquisition of the North American fresh bakery business of Sara Lee
  • Aeroméxico in connection with its Delta and SkyTeam alliance
  • Nestlé Health Science's acquisition of a 50% joint venture interest in Nutrition Science Partners Limited, with Hutchinson China MediTech
  • Pilot Travel Center's $1.8 billion acquisition of Flying J
  • Grupo Bimbo SA de CV's $2.5 billion acquisition of Weston Foods US Bakery business
  • HIG Capital (Rotorcraft Leasing) acquisition of Bristow assets in the Gulf of Mexico
  • Representation of SSAB in the acquisition of US public steel company IPSCO for $7.7 billion and subsequent sale of the IPSCO Tubular Business to Evraz for $4 billion
  • Mobile Mini acquisition of Mobile Storage Systems for $700 million
  • Scientific Games' acquisition of Oberthur Gaming Technologies

Antitrust Counseling

Mr. Brumfield routinely provides competition-related counseling to clients across a range of industries. Often the counseling implicates antitrust issues unique to IP-based activities and sector-regulation and cross-border transactions. His experience includes:
  • Advising on IP licensing agreements, standard setting, patent pools, R&D and other technology joint ventures
  • Advice on joint conduct in connection with trade association, joint ventures, information sharing, and other collaborations
  • Advising on pricing and distribution issues, including Robinson-Patman Act and resale price issues
  • Crafting patent settlements subject to notification and FTC review under the Hatch-Waxman Act
  • Advising on agreements and conduct involving the airline, gaming, pharmaceutical and medical device, and cable television industries
  • Advising on issues arising from international trade disputes, including settlements involving potential import restrictions
  • Advising on interlocking director issues and the use of Section 8 of the Clayton Act in corporate proxy fights

Mr. Brumfield has also clerked with the Federal Trade Commission and the Office of the US Trade Representative.

Bars and Courts
California State Bar
District of Columbia Bar
US Court of Appeals for the First Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the District of Columbia Circuit
US District Court for the Central District of California
US District Court for the Northern District of California
US District Court for the Southern District of California
US District Court for the District of Columbia

Education
JD, Columbia University School of Law, Parker School of Foreign and Comparative Law Certificate of Achievement
BA, University of California, Los Angeles

Professional Associations and Memberships
American Bar Association, Antitrust Section
California Bar Association
District of Columbia Bar Association

Awards and Recognition
Selected for inclusion in the 2013 and 2014 editions of Washington DC Super Lawyers for Antitrust
Rising Star 2012: Competition, Law360
Top Washington Lawyer: Young Gun 2008, Washington Business Journal

Publications
"Blocked Shipping Alliance Reveals Modest Improvement in Chinese Antitrust Review Transparency," Washington Legal Foundation Legal Backgrounder, August 22, 2014 (with Yi Ying)
"A Look at 1st M&A Deals Under China’s New Review Process," Law360, August 8, 2014 (with Alex Zhang, Yi Ying and Lucy Xu)
Contributor, Joint Comments of the ABA Sections of Antitrust Law and International Law on the Canadian Competition Bureau's Draft Enforcement Guidelines For Price Maintenance, June 2014
"Do Your Suppliers Use Unauthorized IP?," White & Case, July 2013 (with Toshio Dokei, et al.)
"Navigating the Ethical Rules of the Road in Litigation Class Actions: A Virtual Panel Discussion," Compliance and Ethics Spotlight, March 2013
"Revised Horizontal Merger Guidelines, One Year In," The Deal Magazine, April 2012 (with Anna Kertesz)
"Antitrust Scrutiny of IP Licensing in Competitor Collaborations," IT, Internet and Outsourcing Bulletin, April 2010 (with Kenneth Maikish)
"Antitrust Enforcement and Intellectual Property In the Obama Administration," Corporate Counseling Report (Summer 2009)
"The Future of the FTC," Law360, March 2009
"FTC v. Whole Foods," Worldwide Merger Notification Requirements, 2009
Contributor, Joint Comments of the ABA Sections of Antitrust Law and International Law on the United Kingdom’s Draft Guidelines on Application of Divestiture Remedies in Merger Inquiries, August 2008
"Privacy Policy  Through Antitrust Merger Review," Bloomberg Antitrust Report, May 2008
Contributor, Joint Comments of the ABA Sections of Antitrust Law and International Law on the European Commission’s Draft Guidelines on the Assessment of Non-Horizontal Mergers, May 2007
Contributor, "Antitrust and International Commerce" Chapter, Antitrust Law Developments, 6th edition, Spring 2007
"Thailand," Getting the Deal Through –Merger Control 2007 (with K. Laohaganniyom)
"United States v. Dairy Farmers of America, Revisiting Presumptions of Illegality Under Section 7," The Threshold, Spring 2006
"Thailand Overview", The Asia Pacific Antitrust & Trade Review 2005 (with K. Laohaganniyom)
"Leveraging Windows: Who Gets to Benefit from the Distribution Advantage Conferred by Microsoft's Monopoly," ICARUS
"Antitrust Law in China," White & Case, March 2005
"Gemstar/TV Guide: Risks of Pre-Merger Coordination of Activities," Corporate Counseling Report,Winter 2004
"Microsoft and its Relevance to a Single Firm's Product Innovation,"  Corporate Counseling Report, Summer 2001

Speaking Engagements
Presenter, "Troubles Abroad," 3rd Annual Institute for Advanced Corporate Counsel (iACC), 10 April 2014, San Francisco, California
Speaker, "US Competition Law, Current Developments, Taiwan Fair Trade Commission Competition Policy Information and Research Center, 14 November 2013, Taipei, Taiwan
Presenter, “International Antitrust: Cartel and M&A Developments in the US, Europe and China,” 2012 Symposium on International Legal Strategies for Taiwan Technology Companies: A Focus on Intellectual Property and Antitrust Issues, 13 June 2012, Hsinchu, Taiwan and 15 June 2012, Taipei, Taiwan
Presenter, "Recent Developments in US Criminal Antitrust Matters, Including the Prosecution of Asian Companies and Executives in Cartel Cases," 2010 Symposium on International Intellectual Property Strategies for Taiwanese High-Tech Companies, 03 June 2010 - Hsinchu, Taiwan; 04 June 2010 - Taipei, Taiwan
Speaker, "Antitrust Claims in Patent Litigation," Association of Corporate Counsel, Palo Alto and San Francisco, CA, May 2010 (with Bijal V. Vakil)
Panelist, "Don't Squeeze Me So Hard!: Abuse and Joint Abuse of Dominance," Competition Law & Policy Forum, Toronto, Feb. 2010
Panelist, "Dawn Raids & Cartel Investigations," Anti-Monopoly & Competition Law Forum, Hong Kong, February 2009

Languages
English

Citizenship
United States