Overview
BRIAN D. BROOKS joined the Firm in 2019. Mr. Brooks has spent most of his 20+ years as a litigator prosecuting antitrust cases against brand and generic drug manufacturers for monopolizing or otherwise restraining trade in the market for their drugs, typically by illegally interfering with the regulatory process for approval and launch of generics. Since joining the Firm he has prosecuted these generic suppression cases on behalf of classes of “end-payor” plaintiffs, which include individuals or businesses who bought the drug at the end of the distribution chain for the purpose of consumption by themselves or their members. Prior to joining the Firm, Mr. Brooks prosecuted generic suppression cases on behalf of drug wholesalers who purchase drugs directly from the defendants for the purpose of resale.
Among Mr. Brooks’s successes in his current role is In re Zetia Antitrust Litigation, No. 18-md-2836 (E.D. Va.), which resulted in a global settlement of $600 million, including a $70 million settlement for the end-payor class. Mr. Brooks played an integral role in the Zetia team from discovery through final trial preparations. Currently, Mr. Brooks is leading the prosecution of In re Vascepa Antitrust Litigation, No. 3:21-cv-12061 (D.N.J.), in which drug manufacturer Amarin, Inc. is alleged to have suppressed generic competition for its cardiovascular drug Vascepa by cornering the market for the active pharmaceutical ingredient necessary to manufacture generic versions of the drug. Glancy Prongay & Murray LLP was appointed co-lead counsel for the end-payor class, and Mr. Brooks is leading the prosecution for the end payors. Mr. Brooks is also currently on the team prosecuting the generic suppression cases In re Revlimid & Thalomid Purchaser Antitrust Litigation, No. 19-cv-7532 (D.N.J.); In re Actos Antitrust Litigation, No. 13-cv-9244 (S.D.N.Y.); In re Tecfidera Antitrust Litigation, No. 24-cv-7387 (N.D. Ill.); and In re Dexilant (Dexlansoprazole) Antitrust Litigation, No. 3:25-cv-2785-JSC (N.D. Cal.).
Mr. Brooks began his career as a junior attorney reviewing documents and drafting legal briefs in In re Terazosin Hydrochloride Antitrust Litigation, No. 99-MDL-1317 (S.D. Fla.) ($74.5 million settlement for the direct purchaser class), In re: Buspirone Antitrust Litigation, MDL Dkt. No. 1410 (S.D.N.Y.) ($220 million settlement for the direct purchaser class), and In re: Relafen Antitrust Litigation, No. 01-cv-12239 (D. Mass.) ($175 million settlement for the direct purchaser class), three of the first generic suppression cases to be brought by class plaintiffs. Since that time he has litigated more than 20 such cases, including two that were tried to verdict: Staley, et al. v. Gilead Sciences, Inc., et al., No. 3:19-cv-02573-EMC (N.D. Cal.) and In re: Nexium (Esomeprazole) Antitrust Litigation, No. 12-md-2409 (D. Mass.). Other notable past matters include In re: Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation, No. 2:13-md-02445 (E.D. Pa.) ($385 million settlement for the direct purchaser class); In re: Novartis & Par Antitrust Litigation (Exforge) ($126 million settlement for the direct purchaser class), No. 18-cv-4361 (S.D.N.Y.); King Drug Company of Florence, Inc. et al. v. Cephalon, Inc., et al. (Provigil) ($600+ million settlement for the direct purchaser class), No. 2:06-cv-1797 (E.D. Pa.); In re: Prograf Antitrust Litigation, No. 1:11-md-2242 (D. Mass.) ($98 million settlement for the direct purchaser class); In re: Niaspan Antitrust Litigation, No. 2:13-md-02460 (E.D. Pa.) (pending); and In re: Miralax Antitrust Litigation, No. 07-cv-142 (D. Del) ($17 million settlement for the direct purchaser class).
Despite this intense focus on generic suppression cases, Mr. Brooks has gained extensive experience litigating matters in other areas. For example, he is currently on the team prosecuting Ya Mon Expeditions, LLC v. International Yacht Broker’s Association, Inc., No. 24-cv-20805 (S.D. Fla.), a direct purchaser antitrust case alleging that certain yacht brokerages and their trade associations have illegally conspired to set and maintain prices for brokerage services that are significantly higher than they would have been in a competitive market. He has also investigated and litigated numerous securities and consumer class actions, and has represented businesses in individual litigation. His past business clients include a fintech startup, a regional furniture store, a chain of gas stations, and a commercial tree nursery.
Mr. Brooks received his J.D. from Washington and Lee School of Law in 2002, where he was a staff writer for the Environmental Law Digest and clerked for the Alderson Legal Assistance Program, handling legal matters for inmates of the Federal Detention Center in Alderson, West Virginia. He earned his B.A. in Sociology from Northwestern State University of Louisiana while working long hours in the construction and hospitality industries and serving in the Louisiana Army National Guard.
Mr. Brooks is admitted to practice in all state courts in New York and Louisiana, as well as the United States District Courts for the Southern and Eastern Districts of New York; the Eastern and Western Districts of Louisiana; and the Northern District of Illinois.