Derek Y. Brandt

Attorney Profile

Top Rated Class Action & Mass Torts Attorney in Edwardsville, IL

McCune Wright Arevalo, LLP
 | 101 West Vandalia Street, Suite 200
Edwardsville, IL 62025
Phone: 618-307-6116
Fax: 618-307-6161
Selected To Super Lawyers: 2012 - 2020
Licensed Since: 1995
Practice Areas:
  • Class Action/Mass Torts: Plaintiff (40%),
  • Antitrust Litigation (40%),
  • Business Litigation (20%)
Attorney Profile

Derek Y. Brandt is a partner in the law firm McCune Wright Arevalo, LLP, where he focuses on the representation of plaintiffs in complex litigation matters pending in state and federal courts around the country.  Mr. Brandt represents large and small private or publicly-held businesses in individual and class action litigations, or as opt-outs from ongoing class litigations.  These representations chiefly include prosecution of antitrust or unfair competition actions, but also include actions based on fraud or violations of federal racketeering statutes, breach of contract, securities or financial disputes. 

Mr. Brandt also has experience representing individuals and/or consumers in class, derivative, or collective action lawsuits.  These engagements often involve claims based on market manipulation, fraud, breach of fiduciary duties, mass torts, product liability, negligence, environmental issues, wage actions under the Fair Labor Standards Act, or other "exotic" class actions.  Examples include Mr. Brandt's representation of putative classes of Illinois motorists presenting claims that the City of Chicago's red light camera program was, and always had been, operated without authority of state law and that adoption of the purported enabling legislation for this program was itself unconstitutional under the Illinois Constitution of 1970.  Mr. Brandt's red light camera constitutional challenge was argued to the Illinois Supreme Court in 2014, although the Court failed to reach a majority decision.  Mr. Brandt also represents putative classes of ticket purchasers and retail sales outlets in an action against the Illinois Lottery's former outside private manager. Mr. Brandt has represented clients in some of the nation's most influential appellate venues, including the U.S. Courts of Appeals for the Second, Seventh, and Ninth Circuits, and the Supreme Courts of Illinois and Delaware. In the latter representation, the Delaware Supreme Court, sitting en banc, ruled in favor of Mr. Brandt's client in a matter of first impression addressing the application of Delaware's savings statute to actions first commenced out-of-state. 

Mr. Brandt currently acts as lead or co-lead counsel in a groundbreaking set of antitrust class actions against some of the largest franchise businesses in the United States. In these actions, Mr. Brandt represents current and former employees pursuing antitrust actions asserting that certain franchisors have violated the antitrust laws by orchestrating an unlawful "no poaching" hiring policy among employers. These cases have prompted a wave of copycat litigation against franchisors around the country, particularly after Mr. Brandt and his team convinced several courts to deny motions to dismiss the first-filed actions. Labor monopsony power, and particularly franchise system labor restraints, are now universally considered to be hot topics in antitrust law. 

Mr. Brandt also represents several major opt-out corporate plaintiffs in the ongoing In re Aluminum Warehousing Antitrust Litigation, pending in the Southern District of New York and the US Court of Appeals for the Second Circuit, where in 2018 he argued a point of antitrust standing before the court's appellate panel.

Beginning in 2012, Mr. Brandt served as lead outside counsel to the Village of Roxana, Illinois, and as counsel for a class of property owners, in certain litigations pertaining to environmental contamination emanating from a nearby oil refinery. Those actions reached favorable resolution in 2017.

In 1992, Mr. Brandt earned a Bachelor of Arts in political science from DePauw University. He subsequently enrolled at the Maurer School of Law  at Indiana University (Bloomington).  At Indiana, he earned Dean's List honors, received a top legal writing award, served as managing editor of the Federal Communications Law Journal from 1994 to 1995, and received his Juris Doctor in 1995.

To stay up to date with the latest developments in his areas of practice, Mr. Brandt maintains active memberships in a variety of professional organizations, including the American Bar Association and the American Association for Justice. He has authored a regular column on complex litigation for Chicago Lawyer magazine.

Mr. Brandt is admitted to practice in Illinois. He is also admitted to practice before the U.S. District Courts for the Northern, Southern and Central Districts of Illinois, the Eastern District of Michigan, and the U.S. Courts of Appeals for the 2nd, 3rd, 7th, and 9th Circuits.

 
Practice Areas
Lawyer Practice Area Pie Chart

Class Action/Mass Torts (40%): Class Actions

Antitrust Litigation (40%): Antitrust & Trade Litigation

Business Litigation (20%)

Focus Areas

Class Actions, Antitrust & Trade Litigation

Selections

Selected to Super Lawyers for 9 yearsbottom-image

Super Lawyers: 2012 - 2020

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About Derek Brandt

Admitted: 1995, Illinois

Professional Webpage: https://www.mccunewright.com

Bar/Professional Activity:

  • American Bar Association, Antitrust Section, Section on Litigation, 2001 - Present
  • Supreme Court of Illinois, 1995
  • U.S. District Court Central District of Illinois, 2009
  • U.S. Court of Appeals 7th Circuit, 2013
  • US Court of Appeals, Second Circuit, 2016
  • U.S. District Court Southern District of Illinois, 2004
  • U.S. Court of Appeals 9th Circuit, 2010
  • American Association for Justice, 2004 - Present
  • U.S. District Court Northern District of Illinois, 1995
  • U.S. Court of Appeals 3rd Circuit, 2001

Scholarly Lectures/Writings:

  • Author, Regular column in Chicago Lawyer magazine entitled "Complex Litigation Corner." (2012-15), 2015
  • Law Journal: Managing Editor, Federal Communications Law Journal, Indiana University School of Law, 1994 - 1995

Verdicts/Settlements:

  • Secured $32 million settlement and negotiated business arrangement for Synergetics USA, Inc., an O'Fallon, Missouri-based medical device manufacturer, in antitrust action brought against competitor in market for ophthalmological surgical devices., 2010

Representative Clients:

  • Mr. Brandt serves as lead litigation counsel for several major industrial purchasers of aluminum pursuing opt-out claims in In re Aluminum Warehousing Antitrust Litigation (MDL No. 2481, S.D.N.Y., CA2).  Mr. Brandt has represented putative classes of Illinois vehicle owners challenging the legal basis for the City of Chicago's half-billion-dollar red light camera program from 2003 through present.  One of those actions was argued to a rare non-precedential no-decision by the Illinois Supreme Court in 2014.  Mr. Brandt also represents retailers and purchasers of Illinois scratch-off lottery tickets in a putative class action challenging the practices of Illlinois' lottery private manager in discontinuing lottery games early in order to maximize revenues.  Mr. Brandt has acted as lead outside counsel for the Village of Roxana, Illinois, in certain environmental litigations pertaining to pollution and underground contamination emanating from the Wood River Oil Refinery, the third-largest such refinery in the United States.  He also acted for a class of private property owners relating to the same contamination. The Roxana litigation was chronicled on American Public Media's series Burn: An Energy Journal, which aired on NPR affiliate stations around the country in 2012. It reached successful conclusion in 2017. Mr. Brandt was appointed co-lead interim class counsel for the plaintiffs in the multi-district litigation entitled In re AIG Workers Compensation Insurance Policyholder Litigation (MDL No. 2519, N.D. Ill.).  That action involved claims brought by businesses from states around the country alleging that they paid fraudulently inflated state insurance surcharges.  Mr. Brandt has also represented other businesses and individuals in assorted contract, fraud, and consumer-oriented litigations. He currently represents employees of several franchise restaurant chains asserting antitrust claims based on "no poach" hiring restrictions orchestrated by the restaurant franchisors. 

Educational Background:

  • DePauw University, Greencastle, IN, B.A., 1992
  • Indiana University Maurer School of Law, J.D., 1995
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Office Location for Derek Y. Brandt

101 West Vandalia Street
Suite 200
Edwardsville, IL 62025

Phone: 618-307-6116

Fax: 618-307-6161

Derek Y. Brandt:

Last Updated: 8/21/2019

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