Antitrust cases are not limited to large corporations. They can involve small businesses and individual consumers as well. One of the most important and groundbreaking cases that Derek Brandt and...
Derek Y. Brandt joined McCune Wright Arevalo, LLP as a partner in 2017, bringing over 20 years of experience litigating high-stakes disputes involving some of the most powerful corporate and financial interests in the world. His current plaintiff-oriented practice focuses on competition, antitrust, and other commercial and consumer disputes.
Mr. Brandt has deep experience litigating both individual and representative matters, including class actions and derivative suits. He has represented clients large and small, ranging from “name brand” Fortune 100 and Fortune 150 multi-national companies to smaller publicly-traded market innovators, privately held businesses, municipalities, and innumerable individual consumers and investors.
Examples of Mr. Brandt’s individual client engagements include his prosecution of an antitrust “tying” claim on behalf of an innovative ophthalmological surgical device manufacturer against its dominant global competitor, resulting in an eight-figure pre-trial settlement. Mr. Brandt currently acts as co-lead counsel for several major corporate plaintiffs pursuing “opt-out” claims in the ongoing In re Aluminum Warehousing Antitrust Litigation action. That litigation, which alleges the wholesale price-fixing of aluminum by some of the world’s largest investment banks and traders, is pending in the U.S. District Court for the Southern District of New York after remand from the U.S. Court of Appeals for the Second Circuit. In 2018, Mr. Brandt made the lead appellate argument resulting in unanimous reversal of the trial court’s ruling on the legal issue of “antitrust injury.” See Eastman Kodak Co., et al. v. Henry Bath LLC, et al., 936 F.3d 86 (2d Cir. 2019).
Mr. Brandt’s class action engagements have included a wide variety of subject matters. He currently spearheads McCune Wright Arevalo’s groundbreaking slate of “no poach” actions against fast food franchisors. Those actions allege that independent restaurants within franchise chains have unlawfully agreed not to solicit or hire each other’s employees, in violation of federal antitrust laws. Mr. Brandt and his team have secured a number of favorable rulings of first impression in these matters. In another recent engagement, Mr. Brandt represented motorists challenging the constitutionality of the City of Chicago’s red light camera program before the Illinois Supreme Court. He represented an investor pursuing a “double derivative” action in the Delaware Court of Chancery relating to the launch of commercial satellites in Russian-controlled geostationary orbital locations. That engagement resulted in a favorable ruling of first impression by the Delaware Supreme Court, sitting en banc. In 2014, Mr. Brandt was appointed by the U.S. District Court for the Northern District of Illinois to serve as Interim Co-Lead Class Counsel in In re AIG Workers Compensation Insurance Policyholder Litigation (MDL No. 2519). He has also represented plaintiffs in False Claims Act “whistleblower” actions and in various litigations relating to consumer, commercial, and investment transactions.
Mr. Brandt has been named to the Illinois Super Lawyers list each year from 2012-2020, an honor reserved by Thomson Reuters for the top 5% of practitioners, based on peer nominations and its independent research. In 2020, Super Lawyers recognized him as one of the Top 100 attorneys in Illinois. He was separately honored for inclusion in the 2018-19 and 2019-20 versions of Best Lawyers in America.
Mr. Brandt is a 1992 graduate of DePauw University (B.A.), and a 1995 graduate of the Indiana University Maurer School of Law (J.D.). He primarily practices from the firm’s Midwest office and is admitted to practice in all Illinois state and federal courts, as well as the U.S. Courts of Appeals for the Second, Third, Sixth, Seventh, and Ninth Circuits. He regularly represents clients in federal trial courts nationwide.
- J.D., Indiana University Maurer School of Law, 1995
- B.A., DePauw University, 1992
- Best Lawyers in America, 2019, 2020
- Illinois Super Lawyer, 2012 - 2020
- Illinois Top 100 Attorneys, by Super Lawyer, 2020
- Illinois State Bar
- American Bar Association
- American Association for Justice
- Federal Bar Association
Federal Court Admissions
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of Illinois
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Southern District of Illinois
- U.S. District Court, Eastern District of Michigan