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Brian K. McCalmon

Fax +1.202.778.9100

Brian McCalmon is a partner at K&L Gates and a member of the Antitrust, Competition & Trade Regulation practice group. He represents companies and individuals in a wide range of civil and criminal proceedings brought by antitrust enforcers and private parties in federal and state courts. He also represents companies and individuals in investigations before the Federal Trade Commission into marketing and advertising practices..

Mergers & Acquisitions
Mr. McCalmon represents companies in investigations of mergers and acquisitions brought by the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission (FTC), and state attorneys general. He assists clients in every phase of the investigation, from preparing and filing any Hart-Scott-Rodino or foreign premerger filings to the conclusion of the investigation by consent decree or court proceeding. Mr. McCalmon also represents third-party market participants as witnesses subpoenaed by the government and in efforts to persuade the antitrust agencies to investigate or block an acquisition.

Representative major engagements have included:

  • Lead counsel for a national waste services provider in multiple acquisitions of waste hauling and disposal competitors.
  • Lead counsel for a medical device manufacturer in its acquisition of a competitor.
  • Counsel for Boise Inc. in its acquisition by Packaging Corporation of America.
  • Counsel for PPL Corporation in the spin-off of energy generation facilities to Riverstone.
  • Counsel for Delta Air Lines in the Department of Justice investigation of the merger between Delta and Northwest Airlines.
  • Counsel for Air France in its merger with KLM.
  • Lead counsel in the representation of a rail industry supplier in the acquisition of assets required to be divested in a merger between competitors.

Monopolization and Price-Fixing Civil and Criminal Litigation
Mr. McCalmon regularly represents companies in government civil and criminal investigations alleging monopolization, price-fixing, or market and customer allocation. He also represents companies in federal court antitrust and class action litigation.

Representative matters include:

  • Lead counsel for a services company in monopolization investigations brought by multiple states.
  • Lead counsel in an FTC monopolization investigation in a watersports industry.
  • Lead counsel in a tying and monopolization case brought in federal court against a ski resort.
  • Representation of a rate bureau defendant in a price-fixing class action in the less-than-truckload transportation industry.

Deceptive Advertising, Unfair Trade Practices, and Warranties
Mr. McCalmon regularly counsels individuals and companies on the legality of their and their competitors’ advertising campaigns and on issues ranging from substantiation of scientific claims to labeling practices. Recent matters have included the representation of an Internet housing appraisal company in an FTC investigation into claims substantiation, and a full-line audit of Made in USA labeling by an international office supplies company.

Mr. McCalmon regularly counsels companies in ensuring that their marketing of renewable energy generation and usage comports with the requirements of the FTC Act.

Mr. McCalmon also counsels individuals and companies on warranty issues arising under the Magnuson-Moss Warranty Act and has overseen the worldwide drafting of consumer warranties for multinational products manufacturers such as Starbucks and Western Digital.

Professional Background

Mr. McCalmon has served on the Washington, D.C. office’s Hiring Committee and was co-chair of the office’s Pro Bono Committee from 2004–2006.

Mr. McCalmon attended the Georgetown University Law Center, graduating in 1996. While in law school at Georgetown, he earned a Master of Science in Foreign Service from the Georgetown School of Foreign Service, with an Honors concentration in International Business Diplomacy.

Professional/Civic Activities

  • Trustee, The Country School (Easton, Maryland) (2013–present)
  • Vice President, Board of Trustees of National Presbyterian School and Chair of Governance Committee (2006–2011)
  • American Bar Association, Antitrust Section