Noah A. Brumfield

Partner, Silicon Valley, Washington, DC

Biography

“Noah Brumfield provides actionable advice that is very timely and efficient and understands clients businesses in a way that is rarely seen with outside counsel.”
Legal 500 United States, 2019

Overview

Noah is a partner in our Global Competition Practice Group, which is ranked as among the “Global Elite” for antitrust.  

Antitrust plaintiffs and enforcers are invoking the antitrust laws in increasingly novel ways in private litigation and government investigations. Noah’s brings a focus on understanding each client’s business and success in both bringing and defending antitrust claims to provide creative and nimble strategies for the firm’s clients, whether they are in high-stakes litigation or planning a transformative deal. 

Noah's advice on complex antitrust issues under US federal and state antitrust and competition laws draws from 20 years of experience at the intersections of antitrust and intellectual property and industry-specific regulation, at trial and in merger and non-merger investigations by enforcement agencies around the world. He has successfully represented both defendants and plaintiffs in complex litigation. On the merger side, Noah has successfully defended over a hundred M&A and joint venture transactions before various antitrust agencies. Noah also actively counsels on domestic and international antitrust issues raised by competitor collaborations, patent settlements/Hatch-Waxman, IP licensing and patent pools, standards setting/FRAND commitments, pricing and distribution agreements (including Robinson Patman Act) and interlocking director issues (Section 8 of the Clayton Act in corporate proxy fights).

Noah's clients have included market-leading companies in technology (including software platforms, semiconductors, and computer and telecommunication systems and hardware), and chemicals, oil and gas, and retail services and other consumer and industrial products. He has represented clients operating in sector-regulated industries including financial networks and services, healthcare medical devices, pharmaceuticals and biotechnology, cable television, gaming and transportation.

Noah is an adjunct professor for antitrust at UC Berkeley, Boalt Hall School of Law, teaching "Antitrust and Innovation" (Spring 2020). He is a prolific author and speaker on a broad range of topics relating to competition laws, and contributes to American Bar Association (ABA) publications and commentary.

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 Ninth Circuit
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the District of Columbia Circuit
US District Courts for the Central, Eastern, Northern and Southern Districts of California
US District Court for the District of Columbia
Education
JD
Columbia University School of Law
BA
University of California, Los Angeles
Languages
English

Experience

M&A Clearances:

Grupo Bimbo
Noah has represented Grupo Bimbo in numerous deals, including its US$1.6 billion acquisition of Canada Bread, and its US$949 million acquisition of Sara Lee Corp.'s North American bakery business, a transaction that was named a 2011 "M&A Deal of the Year" by The Deal Magazine.

Comex
Noah represented Comex in the sale of its US and Canadian architectural paint and coatings business to Sherwin-Williams.

Mexichem
Noah advised Mexichem SAB de CV, a major Mexican chemical producer, in numerous deals, including its US$630 million acquisition of Dura-Line, its acquisition of PolyOne's specialty PVC resin business, and of the AlphaGary Plastic compounding business.

Hess
Noah represented Hess Corporation, a leading global independent energy company, in the US$850 million sale of terminals along the US East Coast and St. Lucia.

Fisher Communications
Noah successfully represented Fisher Communications in its sale to Sinclair Broadcasting of 23 TV and radio stations in the Western US.

Pilot Travel Centers
Noah successfully represented Pilot Travel Center on its acquisition of Flying J, creating the largest travel plaza operator in the US. 

Litigation:

CrowdStrike
Defending against antitrust claim arising from cybersecurity industry standard-setting in the Northern District of California.

Hytera Communications
Representing leading radio manufacturer in antitrust monopolization claims against Motorola Solutions in the Northern District of Illinois.

Allergan
Defending against monopolization claims for alleged anticompetitive innovation in civil class action in the District of Massachusetts.

Warner Chilcott
Defeated, on summary judgment, a novel "product hopping" claim raised in a monopolization suit by a competing pharmaceutical  company.

Foxconn
Defeated a competitor monopolization claim on behalf of a leading electronics manufacture in the Central District of California, in a claim involving USB standards–setting.

Shionogi
Successfully represented Shionogi in defeating Sherman Act "sham exception" counterclaims to a patent infringement suit in a first-of-its kind ruling under FRE502.

Ellie Mae
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 against Ellie Mae.

Scientific Games
Defeat of antitrust Handgards claims challenging patent licenses in 'Pollard Banknote Ltd. Partnership v. Scientific Games International.'

Autonomy/Adiscov
Noah successfully asserted a sham litigation unfair competition claim against a patent troll to offensively counter patent litigation brought in the Eastern District of Virginia.

Stolt-Nielsen
Representation of Stolt-Nielsen in the landmark dismissal of a criminal indictment, enforcing an amnesty agreement revoked by the Department of Justice.

Comcast
Jury trial and dismissal of antitrust claims in 'Marco Island Cable v. Comcast Cablevision of the South.'

Speaking Engagements

"Antitrust in Asia: ASEAN, China, Hong Kong... ", May 18, 2018: Antitrust in Asia Conference, Hong Kong

"Intervention and Remedies in Global Mergers," February 4, 2017: Miami, Florida, Moderator

"Emerging antitrust issues in high tech" May 25, 2018: GCR Live 2nd Annual IP and Antitrust, Berkeley

"Intervention and Remedies in Global Mergers," February 4, 2017: Miami, Florida, Moderator

"Leniency, Transparency and Procedural Rules in Competition Law Enforcement in Asia," April 25, 2016: Singapore, Panelist

"US Competition Enforcement and Airline Industry Considerations," April 28, 2016: International Aviation Competition Seminar, Beijing, Speaker

"U.S. Antitrust Trends in Merger Control," February 9, 2016: AFRA, Paris, France, Speaker

"Panel II – The United States Department of Justice," January 26, 2016: The Heritage Foundation, Washington, DC

"US Antitrust for 2015 and Beyond," May 6 and 8, 2015: Spring Symposium for Taiwan Technology Companies, Taipei and Hsinchu, Taiwan, Speaker

"Competition and Innovation: Antitrust Challenges to Product Lifecycle Decisions," March 5, 2015: Association of Corporate Counsel, San Francisco, Speaker

"Troubles Abroad," April 10, 2014: 3rd Annual Institute for Advanced Corporate Counsel (iACC), San Francisco, CA, Presenter

"US Competition Law, Current Developments," November 14, 2013: Taiwan Fair Trade Commission Competition Policy Information and Research Center, Taipei, Taiwan, Speaker

"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, June 13, 2012, Hsinchu, Taiwan and June 15, 2012, Taipei, Taiwan, Presenter

"Recent Developments in US Criminal Antitrust Matters, Including the Prosecution of Asian Companies and Executives in Cartel Cases", June 3, 2010, Hsinchu, Taiwan and June 4, 2010, Taipei, Taiwan: 2010 Symposium on International Intellectual Property Strategies for Taiwanese High-Tech Companies, Presenter

"Antitrust Claims in Patent Litigation," May 05 and 06, 2010: Association of Corporate Counsel, Palo Alto and San Francisco, CA, Speaker, with Bijal V. Vakil

"Don't Squeeze Me So Hard!: Abuse and Joint Abuse of Dominance," February 3, 2010: Competition Law & Policy Forum, Toronto, Panelist

"Dawn Raids & Cartel Investigations," February 24, 2009: Anti-Monopoly & Competition Law Forum, Hong Kong, Panelist

Publications

Insight: Rare Court Decision Clarifies U.S. Merger Control Rules for Vertical Deals, Bloomberg Law, August 14, 2018

One Hundred Years of Practice Before the Federal Trade Commission from A Lawyers’ Perspective, Kosei Torihiki, 2014, (Co-author, with Andrew Mann, Seiji Niwa, and Takako Onoki)

Blocked Shipping Alliance Reveals Modest Improvement in Chinese Antitrust Review Transparency, Washington Legal Foundation, Legal Backgrounder, August 2014, (Co-author, with Yi Ying)

A Look at 1st M&A Deals Under China’s New Review Process, Law360, 08 August 2014, (Co-author, with Alex Zhang, Yi Ying and Lucy Xu)

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, Contributor

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 , (co-author, with Anna Kertesz)

Antitrust Scrutiny of IP Licensing in Competitor Collaborations, IT, Internet and Outsourcing Bulletin, April 2010, (co-author, 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

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, Contributor

Privacy Policy Through Antitrust Merger Review, Bloomberg Antitrust Report, May 2008

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, Contributor

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