Brendan P. Glackin possesses a wealth of antitrust litigation and trial experience from more than 20 years of practice and more than 20 civil and criminal jury trials. His successes include the titanium dioxide antitrust class action ($163.5 million in settlements); the liquid crystal displays (LCDs) price-fixing litigation ($470 million in settlements); and the Norvir antitrust litigation. Glackin served as trial counsel in all three cases and, via LCDs, remains one of small number of plaintiff attorneys in America to have successfully taken a class action antitrust case to verdict before a jury. His work against price-fixing cartels has continued in his representation of a class of indirect purchasers in the Lithium Ion Batteries price-fixing litigation ($113.45 million in settlements).
Glackin has contributed groundbreaking work in litigation against drug makers for blocking access to affordable generics. This includes the blockbuster brand-name prescription drug Cipro ($399 million in settlements), which led to a 2016 “California Lawyer Attorney of the Year” (CLAY) award. Glackin continued his work in the field of generic drugs as lead counsel for Nashville General Hospital (the Hospital Authority of Metropolitan Government of Nashville) in a class-action antitrust case against defendants for monopolizing enoxaparin, the generic version of the blockbuster life-saving anti-coagulant Lovenox. In 2019, the parties settled for $120 million, the second largest indirect-purchaser antitrust pharmaceutical settlement fund in history, after Cipro. Notably, the complaint alleged that defendants colluded to secretly bring the official batch-release testing standard for generics within the ambit of their patent, delaying the competitor—a never-before-tried theory of liability. Nashville General v. Momenta Pharmaceuticals, et al., No. 3:15-cv-01100 (M.D. Tenn.).
Glackin also shared with others at the firm a well-deserved 2019 “Outstanding Antitrust Litigation Achievement in Private Law Practice” award from the American Antitrust Institute for his work on Seaman v. Duke, a class action case around wage suppression, challenging a secret no-hire agreement between the Duke and UNC Medical School Deans which led to a final settlement of $54.5 million in 2019. Cipro Cases I and II, JCCP Nos. 4154 and 4220 (Cal. Supr. Ct.); Seaman v. Duke University, No. 1:15-cv-00462 (M.D. N.C.).
Glackin presently serves as lead counsel in a proposed class action against the one of the largest healthcare systems in America, Atrium Health, the dominant healthcare provider in North Carolina. The case follows on a civil enforcement action brought by the Department of Justice and the North Carolina Attorney General, which alleged harm to competition caused by anti-competitive terms in Atrium Health’s contracts with insurers. Glackin and Lieff Cabraser remain the only attorneys willing to represent hundreds of thousands of North Carolinians victimized by this conduct.
In 2019 and 2020, Glackin was named one of Lawdragon’s 500 Leading Lawyers in America and The Daily Journal named Glackin a Top Antitrust Lawyer in California in 2020. Glackin has also been listed as a “Super Lawyer for Northern California” from 2013 to 2020.
Glackin’s many contributions to the bar and the practice of law include the following. He has regularly been tapped to teach trial advocacy and negotiation skills by the Practising Law Institute (PLI); he is also annually invited to teach trial advocacy with the National Institute for Trial Advocacy (NITA). He serves as a Vice-Chair of the American Bar Association Section of Antitrust Law, Global Private Litigation Committee, and was a founding member of the Executive Committee of the Antitrust Section of the Bar Association of San Francisco. He has been a past panelist at the ABA Antitrust Section Spring Meeting, the pre-eminent gathering of antitrust lawyers in the world. He routinely speaks, publishes, and teaches on antitrust issues.