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J. Brady Dugan

Partner

Brady Dugan focuses on criminal and civil antitrust, fraud and related matters. He represents both individuals and corporations in litigation, as well as government and internal investigations. Brady also provides advice on issues related to antitrust and fraud compliance.

Brady served for more than 15 years at the US Department of Justice (DOJ), where he appeared in federal courts throughout the country on behalf of the Antitrust Division. He worked in the Division’s National Criminal Enforcement Section, where he led investigations and prosecutions of a number of international cartel matters. While at the Division, he investigated and prosecuted a wide variety of white collar federal crimes in addition to antitrust including bribery, conspiracy, mail fraud, wire fraud and violations of the Foreign Corrupt Practices Act. Brady also has significant experience with the antitrust review of mergers and acquisitions in a variety of industries. Following the terrorist attacks of September 11, 2001, he served for more than three years in the DOJ’s Office of Intelligence Policy and Review where he regularly appeared before the Foreign Intelligence Surveillance Court.

Brady is a nongovernmental advisor to the International Competition Network (ICN) Cartel Working Group. The ICN is a network of antitrust enforcers from around the world – the Cartel Working Group addresses enforcement and policy issues facing ICN member countries. He has also participated in the antitrust workshop sponsored by the Organization for Economic Co-operation and Development (OECD) – Korea’s Regional Center for Competition.

Brady has been recognized in The Best Lawyers in America for Antitrust Litigation each year since 2012. He is AV rated by Martindale Hubbell.

Brady is co-chair of the ABA’s Criminal Justice Section White Collar Crime Committee, Antitrust Subcommittee. He was a senior editor of the ABA’s Handbook on Multijurisdictional Competition Law Investigations, an editor of the cartel chapter in the ABA’s Antitrust Law Developments (Seventh) and a contributor to the ABA’s Model Jury Instructions in Criminal Antitrust Cases.

Following law school, Brady clerked for The Honorable Jackson L. Kiser of the US District Court for the Western District of Virginia.

Representative Experience

  • Advising an ocean shipping company in a DOJ criminal antitrust investigation.
  • Advising executives of a freight forwarding company in a DOJ criminal antitrust and FCPA investigation.
  • Advising a municipal bond underwriter in an Antitrust Division grand jury investigation.
  • Advising a number of private equity funds in an Antitrust Division civil conspiracy investigation.
  • Defending United Healthcare against antitrust conspiracy allegations. Franco v. Memorial Hermann Healthcare v. West Houston GP, Texas District Court, 61st Judicial.
  • Filing an amicus curiae brief on behalf of Washington Legal Foundation regarding the scope of an Antitrust Division grand jury subpoena. White & Case LLP v. United States, US Supreme Court.
  • Defending Moore Capital Management against class action antitrust and RICO conspiracy allegations. Platinum and Palladium Commodities Litigation, S.D.N.Y.
  • Prosecuting defendants in a marine hose cartel. United States v. Peter Whittle, et al, S.D. FL.
  • Prosecuting cartel and FCPA violations. United States v. Misao Hioki, S.D. TX. 

Speaking Engagements
  • “Overlap Between Antitrust Cartel Investigations and Foreign Corrupt Practices Act Enforcement,” an interview by Main Justice - Just Anti-Corruption, 2012.
  • “Joint Venture Formation: Avoiding Antitrust Liability,” Strafford webinar, July 12, 2012.
  • “Antitrust Issues Arising in the Muni Bond Cases,” ABA Section of Antitrust Law, teleconference panel, June 8, 2012.
  • “Key Compliance Considerations When Dealing with the Federal Government: False Claims, Antitrust, and FCPA,” SCCE web conference, June 6, 2012.
  • “Criminal Antitrust Enforcement in the US,” presentation to the Russian Federal Anti-Monopoly Service, February 2, 2012.
  • “FCPA Due Diligence in Cross-Border M&A: How to Avoid Buying a Felony,” Akin Gump presentation in conjunction with Merrill Corporation, October 25, 2011.
  • “Recent Nonprosecution Agreements for Antitrust Violators: New Trend or Anomaly,” ABA teleconference sponsored by the Criminal Justice and Antitrust Sections, October 3, 2011.
  • “Trends in Government Oversight for 2011: When and Where the Government is Going to Be Calling,” Akin Gump presentation for In-house Counsel, May 26, 2011.
  • “Antitrust and Title 18: How the Antitrust Division Goes Beyond the Sherman Act To Enforce Its Mission,” panel presentation at the ABA’s Annual Mid-Year Meeting February 11, 2011.
  • “Trends in Government Oversight for 2011: When and Where the Government Is Going to Be Calling," Akin Gump presentation for In-house Counsel, February 9, 2011.
  • “Recent Trends in Global Antitrust Enforcement,” panel presentation at the ABA Antitrust Section’s Fall Forum, November 18, 2010.
  • “Overcoming Commonly Overlooked Document Preservation, Review, & Production Challenges,” panel presentation at the ACI's Conference on Government Investigations for Life Sciences, September 27, 2010.
  • “The Future Of Global Cartel Enforcement After Marine Hoses: Crime And Punishment,” panel presentation in London, November 10, 2009.
  • “Obama's Antitrust Watchdogs: An Overview of Criminal Enforcement,” panel presentation to PBI's Business Lawyer Institute, November 4, 2009.
  • “The Marine Hose Trial,” ABA Trial Practice Section teleconference, May 2009.

Publications
  • “US Companies Facing Cartel Investigations: Is Leniency in Europe Still Worthwhile?” Bloomberg BNA, September 28, 2012.
  • “Plea Agreements With Antitrust Division Post-VandeBrake,” Law360, May 15, 2012.
  • “Ruling Could Empower "Zombie Indirect Purchasers” in Antitrust Class Actions,” Washington Legal Foundation, May 11, 2012.
  • “Negotiating the Privilege Minefield: Some Differences Between Attorney-Client Privilege In the US and Europe,” State Bar of Texas Corporate Counsel Section Newsletter, April 2011.
  • “US Sparked Global Antitrust Enforcement In 2010,” Law360, January 1, 2011.
  • “Sullivan v. DB Investments: Are Diamonds Still a Class Action Plaintiff's Best Friend?” Washington Legal Foundation, December 3, 2010.
  • “Recent US and UK Developments Affecting Competition Law Compliance Programs,” The Metropolitan Corporate Counsel, July 2010.
  • "Sentencing Guideline Amendments: What Impact on Regulated Enterprises?” Washington Legal Foundation, June 18, 2010.
  • “Honest Services Fraud and Antitrust: Will the Supreme Court Re-Write the Rules for “Competition Crimes”?” Washington Legal Foundation, December 11, 2009.
  • “Honest Services Fraud and the Antitrust Division,” Law360, September 17, 2009.
  • “Parent Companies Face Rebuttable Presumption of Liability in Europe for the Anticompetitive Conduct of Their Wholly Owned Subsidiaries,” July 29, 2009.

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Washington DC
T +1 202 626 6296

Education

George Mason University, J.D., with distinction, 1990
The College of William & Mary, B.A., 1985

Admissions

District of Columbia
Virginia
U.S. Supreme Court
U.S. Ct. of App., Fourth Circuit
U.S. Dist. Ct., E. Dist. of Virginia
U.S. Dist. Ct., W. Dist. of Virginia

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