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Robert Brookhiser has represented a variety of clients in complex commercial and antitrust litigation in federal and state courts, in arbitration and before federal administrative agencies, including the Department of Justice and the Federal Trade Commission. Matters he has handled for major corporations include cases involving allegations of breach of contract, fraud, civil RICO, tortious interference with contract, unfair trade practices, price fixing, monopolization and unlawful acquisitions in a wide range of industries, including petroleum, tobacco, construction equipment, heavy-duty engines, pharmaceuticals, natural gas, healthcare, electric power, aerospace and chemicals.

Representative Matters

• In re Southeastern Milk Antitrust Litigation.
  Represents class of Southeastern dairy farmers in case alleging unlawful conspiracy to reduce prices paid for raw milk.
• Tobacco Master Settlement Agreement Arbitration.
  Represents tobacco company clients in arbitration with 46 states over disputed $1.2 billion adjustment to payments of participating manufacturers under the tobacco Master Settlement Agreement.
• Vibo Corporation v. Conway et al.
  Represents tobacco company clients in suit raising antitrust and constitutional challenges to tobacco Master Settlement Agreement. Motion to dismiss granted in favor of tobacco company and state defendants.
• Tobacco Master Settlement Agreement Dispute Litigation.
  Represented tobacco company clients in a series of actions to compel 46 states to arbitrate a dispute concerning the applicability of a $1.2 billion adjustment to the payments of participating manufacturers under the MSA. Argued before eight state supreme courts.
• International Truck & Engine Corp. v. Caterpillar Inc.
  Defended client in a $155 million breach of contract action by plaintiff. Appellate court found that the alleged contract was indefinite in duration and therefore terminable at will under Uniform Commercial Code.
• Sykes v. Federal Election Commission et al.
  Defended client in an action alleging violation of the Federal Election Campaign Act. The district court dismissed the complaint.
• Hingel v. Exxon Corp.
  Defended petroleum company in an action alleging unfair competition, antitrust violations, breach of dealership agreements and mispresentation.
• Allapattah Services, Inc. et al. v. Exxon Corp.
  Defended petroleum company in a nationwide class action alleging breach of dealership agreements.
• Bristol-Myers Squibb Co. Captopril Litigation.
  Represented pharmaceutical company in two test cases concerning the effect of patent extension provisions of the Uruguay Round Agreement Act on the ability of the Food and Drug Administration to approve generic versions of patented drugs under the Hatch-Waxman Act. In each case, the Federal Circuit upheld the extension of the client’s patent.
• Witco Corp. Insurance Coverage Litigation.
  Represented chemical manufacturer in a series of actions to require insurance coverage for environmental liabilities at clean-up sites.
• Westinghouse Electric Corp. v. Carolina Power & Light Co.; South Carolina Gas v. Westinghouse Electric Corp.
  Represented electric utilities in cases asserting that the supplier breached contract warranties, committed fraud and violated federal RICO and state unfair competition laws by providing defective steam generators in nuclear power systems.
• Union Pacific Resources Co. v. Natural Gas Pipeline Co.
  Represented purchaser of natural gas in a series of actions against a pipeline company for violations of antitrust laws and tortious interference with contract.

Mr. Brookhiser is a member of the American Bar Association (Antitrust Law, Business Law and Litigation Sections). Active in his community, Mr. Brookhiser has served as Senior Warden, Treasurer and Vestry member at St. Patrick’s Episcopal Church in Washington, D.C.