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Brandon Bigelow

Brandon Bigelow

Partner

One Financial Center
Suite 3500
Boston, MA 02111
T 617.217.4660
brandon.bigelow@nelsonmullins.com
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Brandon provides practical legal advice to manufacturers, suppliers, and franchisors about antitrust and distribution issues, and represents those companies in litigation when unavoidable disputes arise. He also counsels trade associations, manufacturers, and other companies in matters arising under state and federal competition laws, including unilateral resale and minimum advertised price policies.  Prior to entering private...

Brandon provides practical legal advice to manufacturers, suppliers, and franchisors about antitrust and distribution issues, and represents those companies in litigation when unavoidable disputes arise. He also counsels trade associations, manufacturers, and other companies in matters arising under state and federal competition laws, including unilateral resale and minimum advertised price policies.  Prior to entering private practice, Brandon was a law clerk for the Hon. Martha B. Sosman, Associate Justice of the Supreme Judicial Court of Massachusetts, and served as a surface warfare officer in the United States Navy from 1994 to 1998.

Brandon Bigelow

practice, Brandon was a law clerk for the Hon. Martha B. Sosman, Associate Justice of the Supreme Judicial Court of Massachusetts, and served as a surface warfare officer in the United States Navy from 1994 to 1998.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters 

  • Defended manufacturer in lawsuit asserting claims for violation of state law based on warranty surcharge and purported price discrimination arising from volume-based incentive programs.
  • Prevailed in New York state court on motion to dismiss vertical price fixing charges brought by New York Attorney General against major mattress manufacturer; upheld by New York Appellate Division on appeal.
  • Lead trial counsel in two-week bench trial defending former real estate franchisee against claims brought by former franchisor after the franchisee rejected onerous renewal terms. The court entered judgment and awarded fees and costs for the former franchisee, which is now a successful independent real estate business in Boston and area suburbs.
  • Prevailed in federal district court on motion to dismiss antitrust claims by putative nationwide consumer class based on failure to define a plausible relevant product market or establish harm to interbrand competition; upheld by Eleventh Circuit on appeal.
  • Obtained preliminary injunction barring unlicensed use of sophisticated product development software worldwide and enforcing software designer’s audit rights, leading to successful resolution of all claims.
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters 

  • Defended manufacturer in lawsuit asserting claims for violation of state law based on warranty surcharge and purported price discrimination arising from volume-based incentive programs.
  • Prevailed in New York state court on motion to dismiss vertical price fixing charges brought by New York Attorney General against major mattress manufacturer; upheld by New York Appellate Division on appeal.
  • Lead trial counsel in two-week bench trial defending former real estate franchisee against claims brought by former franchisor after the franchisee rejected onerous renewal terms. The court entered judgment and awarded fees and costs for the former franchisee, which is now a successful independent real estate business in Boston and area suburbs.
  • Prevailed in federal district court on motion to dismiss antitrust claims by putative nationwide consumer class based on failure to define a plausible relevant product market or establish harm to interbrand competition; upheld by Eleventh Circuit on appeal.
  • Obtained preliminary injunction barring unlicensed use of sophisticated product development software worldwide and enforcing software designer’s audit rights, leading to successful resolution of all claims.

Media

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Recognitions

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

Professional Activities

  • ABA Antitrust Law Section
  • ABA Forum on Franchising
  • Boston Bar Association
  • Maritime Law Association

Community

  • USS Constitution Board of Overseers
  • Boston Bar Foundation Supporting Fellow

Leadership

  • ABA Antitrust Law Section, Distribution and Franchise Committee, Vice Chair

Military

  • Veteran, United States Navy

Brandon provides practical legal advice to manufacturers, suppliers, and franchisors about antitrust and distribution issues, and represents those companies in litigation when unavoidable disputes arise. He also counsels trade associations, manufacturers, and other companies in matters arising under state and federal competition laws, including unilateral resale and minimum advertised price policies.  Prior to entering private... practice, Brandon was a law clerk for the Hon. Martha B. Sosman, Associate Justice of the Supreme Judicial Court of Massachusetts, and served as a surface warfare officer in the United States Navy from 1994 to 1998.

Experience

The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters 

  • Defended manufacturer in lawsuit asserting claims for violation of state law based on warranty surcharge and purported price discrimination arising from volume-based incentive programs.
  • Prevailed in New York state court on motion to dismiss vertical price fixing charges brought by New York Attorney General against major mattress manufacturer; upheld by New York Appellate Division on appeal.
  • Lead trial counsel in two-week bench trial defending former real estate franchisee against claims brought by former franchisor after the franchisee rejected onerous renewal terms. The court entered judgment and awarded fees and costs for the former franchisee, which is now a successful independent real estate business in Boston and area suburbs.
  • Prevailed in federal district court on motion to dismiss antitrust claims by putative nationwide consumer class based on failure to define a plausible relevant product market or establish harm to interbrand competition; upheld by Eleventh Circuit on appeal.
  • Obtained preliminary injunction barring unlicensed use of sophisticated product development software worldwide and enforcing software designer’s audit rights, leading to successful resolution of all claims.

Education

  • Boston College Law School, JD, order of the coif
    • Editor-in-chief, Boston College Law Review (2000-2001)
  • Cornell University, BA, English, cum laude

Admissions

  • Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the District of Massachusetts

Clerkships

  • Law Clerk, The Honorable Martha B. Sosman, Massachusetts Supreme Judicial Court (2001 - 2002)

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • ABA Antitrust Law Section
  • ABA Forum on Franchising
  • Boston Bar Association
  • Maritime Law Association
  • USS Constitution Board of Overseers
  • Boston Bar Foundation Supporting Fellow
  • ABA Antitrust Law Section, Distribution and Franchise Committee, Vice Chair
  • Veteran, United States Navy