Brian Robison is a partner in Gibson, Dunn & Crutcher’s Dallas office. He is a member of the firm’s Antitrust and Competition, Class Actions, and White Collar Defense and Investigations practice groups.
Mr. Robison has experience in a wide range of business litigation and antitrust matters in both state and federal courts. He also has counseled clients on the antitrust implications of proposed business transactions, and he has represented clients in antitrust investigations conducted by both state and federal authorities.
In business litigation matters, Mr. Robison has represented: one of the nation’s largest professional associations, the nation’s largest shell egg producer, the nation’s largest video retailer, the nation’s largest workers’ compensation insurance carrier, and a large investment brokerage firm in large antitrust cases; one of the world’s largest companies in an international arbitration; a large wireless communications company in an injunction action; a large telecommunications company in ERISA benefits actions; and the directors and officers of insolvent companies in bankruptcy adversary proceedings.
Mr. Robison has taken both civil and criminal cases to trial, served as a prosecutor for Dallas County, and argued before state courts of appeals. He has been recognized by numerous publications for his work including Chambers USA: America’s Leading Lawyers for Business, The Best Lawyers in America®, “Best Lawyers in Dallas under the Age of 40” in D Magazine, and “Texas Rising Star” in Texas Monthly. Mr. Robison was named a 2020 “Lawyer of the Year” for his work in Antitrust Law in Dallas/Fort Worth by The Best Lawyers in America®.
Prior to joining Gibson Dunn in 2011, Mr. Robison was a Partner at Vinson & Elkins and served as co-leader of that firm’s Antitrust Practice Group. He previously served as a judicial clerk to The Honorable John Cornyn of the Supreme Court of Texas from 1995-1996 and served as an Assistant District Attorney for Dallas County, Texas in the “Lawyer-on-Loan” program from 1999-2000.
Mr. Robison is a member of several professional organizations, including a Member of the American Bar Association, Dallas Bar Association and Sherman Act Section 1 Committee, Antitrust Section of the American Bar Association. He previously served on the Council of the Antitrust & Business Litigation Section of the Texas Bar Association and the Council of the Antitrust & Trade Regulation Section of the Dallas Bar Association.
Mr. Robison received his law degree in 1995 with honors from The University of Texas School of Law, where he was a member of Order of the Coif and served as Notes Editor of the Texas Law Review. He also holds a B.A. in Political Science from the University of Kansas, where he graduated in 1991 with highest distinction and was a member of Phi Beta Kappa and Phi Kappa Phi.
Mr. Robison is admitted to practice in the state of Texas and before the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Court for Northern, Southern, Eastern, and Western Districts of Texas.
Antitrust and Class Action Cases
- Presently defending Deutsche Telekom in the suit brought by several state attorneys general opposing the proposed merger of the third and fourth largest nationwide, facilities-based wireless communications providers as an alleged violation of the antitrust laws. The case went to trial in December of 2019, but the Court has not yet ruled
- Lead attorney for a defendant in a case in which former college athletes allege that they have been unlawfully deprived of compensation for the use of their names, images, and likenesses in violation of the Sherman Act, the Lanham Act, and the Tennessee right-of-publicity statute; the district court dismissed the case with prejudice, and the United States Court of Appeals for the Sixth Circuit affirmed
- Second-chair trial attorney for a federal antitrust jury trial against a major professional association accused of violating the Sherman Act by orchestrating a nationwide group boycott; the court granted defendants’ motion for judgment as a matter of law at the close of plaintiff’s case
- Member of trial team that represented the nation’s largest video retailer in a major antitrust case involving accusations of conspiracy, concerted refusal to deal, and price discrimination; the court granted defendants’ motion for judgment as a matter of law at the close of plaintiffs’ case
- Presently defending the nation’s largest pork-products producer in putative class actions consolidated in a multi-district litigation pending in the United States District Court for the District of Minnesota, alleging pork producers reduced the supply of hogs in order to reduce the supply of, and raise the price of, pork products; the court granted the defendants’ motion to dismiss the original complaints and defendants have now filed a motion to dismiss the amended complaints
- Presently defending the country’s largest shell egg producer in putative class actions and in direct action cases, consolidated in a multi-district litigation pending in the United States District Court for the Eastern District of Pennsylvania, alleging egg producers nationwide participated in a supply-restriction scheme designed to raise the prices of eggs; the matter raises novel issues about the requirements for, and scope of protection provided by, the Capper-Volstead Act and similar antitrust exemption statutes
- Lead attorney for one of the largest chains in the quick-serve restaurant industry in a putative nationwide class action alleging that a supposed no-hire clause in a franchise agreement violated the Sherman Act and the Texas Free Enterprise and Antitrust Act; the plaintiff voluntarily dismissed the case soon after discovery began
- Lead attorney for one of the nation’s largest property and casualty insurance companies in a purported nationwide class action and in several related individual actions involving allegations of a customer allocation conspiracy in violation of the Sherman Act, various state antitrust statutes, and RICO
- Lead attorney for two Canadian agricultural co-operatives, both of which were dismissed at the pleadings stage, in a purported nationwide indirect purchaser class action alleging a North American potato industry supply-suppression conspiracy that allegedly is not exempt from antitrust scrutiny under the Capper-Volstead Act and other statutory exemptions covering agricultural co-operatives; the plaintiffs voluntarily dismissed one client, and the court granted the motion to dismiss of the other
- Co-lead attorney for a large property and casualty insurance company in several purported class actions challenging the use of an Ingenix product to process medical bills submitted by providers
- Lead attorney for a waste disposal company accused of monopolization and predatory pricing in violation of the Texas Free Enterprise and Antitrust Act
- Lead attorney for a manufacturer of highway guardrail end terminals in a putative class action pending in state court in Missouri that alleges claims for design defect, negligence, and sale of a dangerous instrumentality; defended two similar cases that were pending in federal court in Illinois and Wisconsin until the named plaintiffs in both cases voluntarily dismissed their suits with prejudice with no payment by the defendant
- Co-lead attorney for one of the nation’s largest municipal financial advisors in litigation in Rhode Island state court that alleged breach of fiduciary duty arising from a bond issuance for an economic development project
- Lead attorney for one of the world’s largest manufacturing companies in an international arbitration
- Co-lead attorney for a private investment fund in an oil and gas arbitration in which our client alleged more than $250 million in damages
- Co-lead attorney for a large wireless telecommunications company as plaintiff in a case involving breach of that company’s exclusive right to operate a wireless mobility communications network within a defined territory
- Lead attorney for one of the nation’s largest owners and managers of ambulatory surgical centers in a case involving allegations of breach of a merger agreement
- Represented an Internet-based consumer ratings and reviews company in a DOJ investigation into allegations of violations of a divestiture consent decree
- Represented the nation’s largest travel distribution services company in a civil DOJ antitrust investigation
- Represented a large company in the energy industry in two civil DOJ antitrust investigations into pricing practices
- Represented an Internet-based credit-monitoring services company in civil consumer-protection investigations conducted by several state attorneys general
- Represented a company during a civil SEC investigation into allegations of stock options backdating
- Represented one of the nation’s largest property and casualty insurance companies in antitrust investigations and civil suits pursued by several state attorneys general
- Represented an entity involved in the municipal finance industry in connection with simultaneous investigations by the SEC, the Antitrust Division of the DOJ, the IRS, the FBI, and a task force of several state attorneys general
- Represented a concrete production company in a civil investigation brought by the antitrust division of a state attorney general
* Includes matters handled prior to joining Gibson, Dunn & Crutcher LLP