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Noah Brumfield

Partner

Washington, D.C.

Image of Noah Brumfield
Noah Brumfield

Partner

Washington, D.C.

Noah is a partner in the Antitrust practice and splits his time between Washington, D.C. and Silicon Valley. He partners with clients to craft and execute global antitrust strategies while also representing them before US courts, the US Department of Justice, Federal Trade Commission, and the various states’ Attorney General offices. 

Antitrust plaintiffs and enforcers are invoking the antitrust laws in increasingly novel ways in private litigation and government investigations. Noah provides creative and nimble strategies that are specific to his client’s business objectives, whether they are in high-stakes litigation or planning a transformative deal. He is singularly focused on understanding each client to provide practical, business-oriented solutions.

Noah draws on his 20 years of experience with complex cross-border antitrust issues, with a focus on how the antitrust laws intersect with intellectual property. He has successfully defended and asserted antitrust claims in merger and non-merger investigations before the enforcement agencies, and in federal district court.

Noah enjoys teaching on Antitrust and Innovation as an adjunct professor for antitrust at UC Berkeley School of Law. He is a prolific author and speaker on a range of competition topics, and contributes to American Bar Association (ABA) publications and commentary. 

Noteworthy experience includes advising (includes previous firm experience):

  • CrowdStrike, defended CrowdStrike against antitrust claim arising from cybersecurity industry standard-setting in the Northern District of California, and defended parallel investigation by the DOJ Antitrust Division.
  • Par Pharmaceuticals, negotiated and subsequently defended AndroGel patent settlement in the leading “reverse payment” case.
  • Ellie Mae, defeated injunction claim by competitor in monopolization complaint alleging platform self-preferencing discrimination and refusal to deal in the Northern District of California.
  • Foxconn, defeated antitrust conspiracy allegations involving USB standards-setting participation, in the Central District of California.
  • Warner Chilcott defeated, on summary judgment, a novel "product hopping" claim raised in a monopolization suit by a competitor in the Eastern District of Pennsylvania involving Doryx pharmaceutical.
  • Scientific Games, defeated Handgards-based monopolization novel Handgards-based monopolization claim involving allegations of unlawful patent licensing in the Northern District of Georgia.
  • VivaAeromexico, defended leading Mexican carrier in consumer class action in District of Maryland for alleged antitrust conspiracy among competing airlines involving payment of tax rebates.
  • Leading semiconductor manufacturer, cleared of antitrust allegations in multi-jurisdictional investigation involving U.S. federal and state enforcers, and also in the European Commission and China.
  • Anthem, represented in its bid to acquire Cigna, against the US DOJ's high-profile antitrust challenge to the merger, in a bench trial in the District Court for the District of Columbia.
  • Lucasfilm, defended against DOJ investigation into “no-poach agreements” with others in the high-tech industry.

Experience highlights

Office

Washington, D.C.

Allen & Overy LLP
1101 New York Avenue, NW
Washington, D.C.
20005

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Silicon Valley

Allen & Overy LLP
550 High Street, 2nd Floor
Palo Alto
CA 94301

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Qualifications

Professional

Admitted: State Bar of California, 1999

Admitted: District of Columbia Bar, 2004

US District Court for the District of Columbia

US District Court for the Central District of California

US District Court for the Eastern District of California

US District Court for the Northern District of California

US District Court for the Southern District of California

US Court of Appeals for the District of Columbia Circuit

US Court of Appeals for the First Circuit

US Court of Appeals for the Third Circuit

US Court of Appeals for the Fourth Circuit

US Court of Appeals for the Ninth Circuit

US Court of Appeals for the Eleventh Circuit

Academic

JD, Columbia University School of Law, 1999

BA, University of California, Los Angeles, 1995

Recognition

Awards & Accolades

Shortlisted article for the Antitrust Writing Awards

Concurrences Review and George Washington University Law School Competition Law Center, 2021