Brandon L. Bigelow

Counsel

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  • T 617.951.8305
  • F 617.428.6423
  • Boston

Brandon Bigelow has substantial commercial litigation experience — with concentrations in antitrust, franchise and distribution, and securities law — and he was selected as a 2009 Super Lawyers Massachusetts Rising Star in business litigation. He has represented clients from an array of industries — including motor vehicle manufacturers, medical device manufacturers, financial services companies and others — before state and federal courts, as well as in arbitration proceedings. Through his work for the New England Patriots, Brandon has also become an authority on issues confronting venue owners in the sports and entertainment industry. In addition to his litigation practice, Brandon counsels clients on a range of compliance issues, including state and federal competition law and homeland security regulations.

Brandon teaches as an adjunct professor of law at Boston College Law School. He was recently appointed as a vice chair of the Books and Treatises Committee of the ABA Section of Antitrust Law. Brandon has published articles about antitrust, consumer class actions, and securities issues in the Boston Bar JournalMassachusetts Law Review and various other practice group newsletters and bulletins. Before joining the firm, Brandon clerked for Associate Justice Martha B. Sosman of the Supreme Judicial Court of Massachusetts, and he was editor-in-chief of the Boston College Law Review. He served as a surface warfare officer in the United States Navy from 1994 to 1998, and continues to maintain an active maritime practice. He also serves on the board of directors for Hospitality Homes, a nonprofit organization in Boston dedicated to providing housing for families of patients at area hospitals.

REPRESENTATIVE MATTERS
  • Tom Rice Buick-Pontiac v. General Motors Corp., (2d Cir. 2008). Represented General Motors in a test case before the Second Circuit concerning the obligations of motor vehicle manufacturers under New York law to reimburse dealers for parts installed in connection with warranty repairs
  • Turberg v. Novell, Inc., (2008). Court approved voluntary dismissal of consolidated derivative suits against officers and directors relating to the company’s prior stock option granting practices after plaintiffs determined that they did not possess valid arguments to oppose motion to dismiss
  • NPS LLC v. Minihane, (2008). Obtained favorable appellate decision finding acceleration clause in Club Seat License Agreement at Gillette Stadium fully enforceable, and refusing to apply doctrine of mitigation to liquidated damages clause
  • Jacobs v. Tempur-Pedic Int’l, Inc., (N.D. Ga. 2007). Successfully moved to dismiss putative nationwide consumer class action based on plaintiffs’ failure to define plausible relevant product market
  • Performance Dealerships, L.P. v. Mitsubishi Motors North America, Inc., (S.D. Tex. 2006). Prevailed on summary judgment in favor of motor vehicle manufacturer in dispute with dealer
  • Yarde Metals, Inc. v. New England Patriots L.P., (2005). Successfully represented New England Patriots in dispute with season ticket holder, obtaining appellate decision affirming right of venue owners to revoke tickets at any time for any reason
PUBLICATIONS
  • Co-author, “Aspinall One Year Later: Making Sense of Similar Injury in Claims Under Chapter 93A, Section 9,” Boston Business Journal, Vol. 49 (December 2005)
  • Co-author, “Collateral Consequences of Expanded European Antitrust Investigative Authority for Defendants in U.S. Proceedings,” 2004 Fordham Corporate Law Institute (2005)
  • “Summary and Expert Witnesses: A Distinction with a Difference,” Suffolk Journal of Trial & Appellate Advocacy (2004)
  • Co-author, “New Standard Set for Assessing 'Primarily and Substantially' Under Massachusetts General Laws Chapter 93A, Section 11,” Massachusetts Law Review, Vol. 88 (2003)
  • “The Commerce Clause and Criminal Law,” Boston College Law Review, Vol. 41 (2000)
AWARDS AND HONORS
  • Super Lawyers, Massachusetts Rising Star in business litigation (2009)
  • Former vice chair, Antitrust Committee, ABA’s Young Lawyers Division (2007–2008)
  • Editor-in-chief, Boston College Law Review (past)
  • Boston College Law School, Order of the Coif
MEMBERSHIPS
  • Vice chair, Books & Treatises Committee, ABA Section of Antitrust Law
  • American Bar Association
  • Boston Bar Association
  • Maritime Law Association
  • Junior Fellow, Boston Bar Foundation
  • Business Litigation Session Research Group
ADMISSIONS
  • Admitted to practice in Massachusetts
  • U.S. Court of Appeals, First Circuit
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals, Eleventh Circuit
EDUCATION
  • Boston College Law School, Juris Doctor, magna cum laude, 2001
  • Cornell University, Bachelor of Arts, cum laude, 1994

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