Brian D. Clark
Practice Areas
Education
Court Admissions
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Overview
Brian D. Clark is a partner at LGN and co-chair of its antitrust practice. Mr. Clark serves on the Advisory Board for the American Antitrust Institute, has been consistently named as a Super Lawyer by his peers, and is ranked by Chambers USA. In 2021, Mr. Clark and his team receive the American Antitrust Institute’s Outstanding Achievement in Litigation Award. Mr. Clark has led the charge in many recent antitrust cases in the agricultural area, including price-fixing cases involving chicken, pork, beef, turkey, and peanuts. To date, in these cases alone, Mr. Clark has helped recover over $500 million.
Mr. Clark has been extensively involved in numerous nationwide antitrust class actions, including: In re Peanut Farmers Antirust Litig., No. 2:19-cv-00463 (E.D. Va.) (personally appointed co-lead counsel); In re Pork Antitrust Litig., No. 18-CV-01776 JRT-HB (D. Minn.) (Co-Lead Counsel); In re Broiler Chicken Antitrust Litig., No. 16-CV-08637 (N.D. Ill.) (Co-Lead Counsel); In re Beef Purchasers Antitrust Litig. (aka, Peterson v. JBS USA Food Co. Holdings et al.), No. 0:19-cv-01129 (D. Minn.) (Co-Lead Counsel); In re Turkey Antitrust Litig., No. 1:19-cv-08318 (N.D. Ill.) (Co-Lead Counsel); In re Surescripts Antitrust Litigation, No. 1:19-cv-06627 (N.D. Ill.) (Co-Lead Counsel); Kleen Prods. LLC, et al. v. Int’l Paper, et al., No. 10-cv-05711 (N.D. Ill.) (Plaintiffs’ Executive Committee); In re Liquid Aluminum Sulfate Antitrust Litig., No. 2:16-md-02687 (D.N.J.) (represented indirect purchaser plaintiffs); In re Resistors Antitrust Litig., No. 3:15-cv-03820 (N.D. Cal.) (represented indirect purchaser plaintiffs); and In re Capacitors Antitrust Litig., No. 3:14-cv-03264 (N.D. Cal.) (represented indirect purchaser plaintiffs).
Mr. Clark has extensive e-discovery experience and expertise. Mr. Clark leads LGN’s e-discovery practice group, in which he advises clients of all sizes on e-discovery matters, and taught e-discovery at the University of Minnesota Law School for five years. Mr. Clark is the founder and President of the Complex Litigation E-Discovery Forum, a plaintiffs’ attorney e-discovery group with hundreds of members focused on e-discovery best practices and strategies. He is also a former member of the Sedona Working Group 1 Steering Committee.
Mr. Clark is a 2009 magna cum laude graduate of the University of Minnesota Law School where he was elected Co-Editor-in-Chief of the Minnesota Journal of International Law and was a member of the Order of the Coif. Before law school, Mr. Clark was an AmeriCorps volunteer in Alaska and a canoe guide in the Boundary Waters Canoe Area Wilderness of Northern Minnesota.
Representative Cases
- In re Peanut Farmers Antitrust Litigation (aka, “D&M Farms et al. v. Birdsong Corp. et al.”), No. 2:19-cv-00463 (E.D. Va.). Personally appointed as co-lead counsel in this ongoing antitrust class action on behalf of peanut farmers accusing peanut shelling companies of price-fixing. Recovered $102.75 million for the class.
- In re Broiler Chicken Antitrust Litigation, No. 1:16-cv-08637 (N.D. Ill.). Firm appointed as co-lead counsel in this ongoing antitrust class action on behalf of direct purchaser plaintiffs against broiler chicken producers. Recovered $284 million for the class, including taking one defendant to a jury verdict.
- In re Pork Antitrust Litigation, No. 0:18-cv-01776 (D. Minn.). Firm appointed as co-lead counsel in this ongoing antitrust class action on behalf of direct purchaser plaintiffs against pork producers. Recovered over $101 million for the class to date.
- In re Cattle and Beef Antitrust Litigation, No. 22-MD-03031 (D. Minn.) Firm appointed as co-lead counsel in this ongoing antitrust class action on behalf of consumer plaintiffs against beef producers.
- In re Turkey Antitrust Litigation, No. 1:19-cv-08318 (N.D. Ill.). Firm appointed as co-lead counsel in this ongoing antitrust class action on behalf of direct purchaser plaintiffs against turkey producers.
- In re Poultry Wages Antitrust Litigation (aka, “Jien et al. v. Perdue Farms, et al.”), No. 1:19-cv-2521 (D. Md.) Class counsel for chicken and turkey plant workers who allege their wages were price-fixed by defendants. Recovered $195.25 million to date.
- In re Red Meat Wages Antitrust Litigation (aka, “Brown et al. v. JBS USA Food Co.”), No. 1:22-cv-02946 (D. Colo.) Class counsel for pork and beef plant workers who allege their wages were price-fixed by defendants.
- In re Facebook Antitrust Litigation (aka, Klein v. Facebook), No. 5:20-cv-08570-LHK (N.D. Cal.). Class Counsel in this case alleging that Facebook used deception regarding user privacy settings in order to acquire a monopoly in the social media market.
- Sabol v. PayPal Holdings, Inc., No. 4:23-cv-05100 (N.D. Cal.) Appointed as co-lead counsel in this case alleging that PayPal’s anti-steering rules have caused consumers to pay more than they ordinarily would have for their e-Commerce transactions, in violation of federal antitrust and other laws.
- Sarah Andersen v. Stability AI, No. 3:23-cv-00201 (N.D. Cal.) Counsel for a group of visual artists who filed an amended copyright lawsuit against Stability AI, Midjourney, Deviant Art, and Runway for misusing their work to train generative artificial intelligence systems.
- In re Liquid Aluminum Sulfate Antitrust Litig., No. 2:16-md-02687 (D. N.J.). Represented 10 Minnesota municipalities and corporations regarding price-fixing and bid rigging by manufacturers of a water treatment chemical. Recovered over $90.5 million for the class.
- In re Resistors Antitrust Litig., No. 3:15-cv-03820 (N.D. Cal.). Represented indirect purchaser plaintiffs in complex antitrust class action against manufacturers of resistors.
- In re Capacitors Antitrust Litig., No. 3:14-cv-03264 (N.D. Cal.). Represented indirect purchaser plaintiffs in complex antitrust class action against manufacturers of capacitors.
- Kleen Products LLC, et al. v. Int’l Paper Co., et al., No. 1:10-cv-5711 (N.D. Ill.). Represented plaintiffs in complex antitrust class action against manufacturers of Containerboard Products and achieved a recovery of over $370 million for the class.
- In re Lithium Batteries Antitrust Litig., MDL No. 2420 (N.D. Cal.). Represented direct purchaser plaintiffs in complex antitrust class action against manufacturers of lithium ion batteries and achieved a recovery of over $70 million for the class.
- In re Potash Antitrust Litig. (II), No. 1:08-md-06910 (N.D. Ill.). Firm appointed as co-lead counsel and achieved a recovery of $90 million for the direct purchaser plaintiff class.
- Miller & Graham v. Ramsey County Sheriff Matthew Bostrom & County of Ramsey, No. 11-cv-2401 (D. Minn.). Represented defendants against claims of First Amendment retaliatory discharge by two former Ramsey County Sheriff’s deputies. Obtained dismissal of Ramsey County and successfully defended Sheriff Bostrom in a jury trial in federal court.
Presentations
- Town Hall on Search and Retrieval, Discussion Leader, Sedona Conference Working Group 1 (Jan. 20, 2022)
- “Leveling the Playing Field: Farmers and Antitrust Enforcement”, American Agricultural Law Association (November 6, 2021), Brian Clark & Arielle Wagner.
- “Class Actions in the Digital Age,” Speaker, American Antitrust Institute (June 2020)
- “Privacy and Cybersecurity”, Panel Member, Federal Judicial Center’s 5th Annual Judicial Training Symposium (Oct. 15, 2019)
- Hot Button Issues in Negotiating ESI Protocols, Moderator, Sedona Conference Working Group 1 Annual Meeting (Oct. 24, 2019)
- “2019 Antitrust Round Up: Information Exchange: Is Sharing Really Caring?”, Panel Member, Minnesota State Bar Association Antitrust Section CLE (June 28, 2019)
- “Negotiating Discovery: Obstacles and Pathways to Success,” Panel Member, National eDiscovery Leadership Institute (April 5, 2019)
- “A Day in the Life of a Plaintiffs Lawyer,” ABA Antitrust Section (Oct. 16, 2018)
- “E-Discovery & Antitrust Investigations: A Perspective from the Government, In-House and Outside Counsel,” Minnesota State Bar Association Antitrust Section CLE (Dec. 12, 2017)
- “Hot Topics in eDiscovery for the Public Lawyer,” Minnesota State Bar Association Public Law Section CLE (Nov. 17, 2017)
- “E-Discovery for the Solo and Small Firm Attorney: The Basics of Doing More With Less,” MNCLE Solo & Small Firm Annual Conference (Aug. 7, 2017)
- “Examining Rule 34,” Sedona Conference WG1 Mid-Year Meeting (May 5, 2017)
- “The Proof is on My Phone: Dealing with Discovery in the Era of Social Media & Smart Phone Apps,” Legal Services State Support CLE (August 25, 2016)
- “You Love It, You Hate It. Now You Have to Live with It: E-Discovery,” William Mitchell College of Law CLE (October 4, 2013)
- “The Bits, Bytes, and Gremlins in Your Electronic Devices: Unlocking What E-Discovery Has to Offer Your Clients — Even When They Are Not in Litigation!,” Minnesota State Bar Association Annual Convention, Rochester, MN (June 11, 2013)
- “A Panel Discussion on the E-discovery Meet and Confer Process,” Panel Member, MSBA E-discovery Working Group 4 (Nov. 2, 2012)
Professional Associations
- Complex Litigation E-Discovery Forum, Co-Founder & President of the Board of Directors
- American Bar Association, Antitrust Section
- American Antitrust Institute, Advisory Board Member
Publications
- Federal Rule of Civil Procedure 34(b)(2) Primer: Practice Pointers for Responding to Discovery Requests, Drafting Team Member, 19 Sedona Conf. J. 447 (2018).
- Preparation for Minnesota Federal and State Discovery Conferences: A Practical Approach, William Mitchell Law Review (Spring 2014) (co-Author with 7 other members of the Minnesota E-Discovery Working Group).
- Amending the rules and nature of discovery, Minnesota Lawyer (July 11, 2013).
Professional Recognition
- Named in the Top 10 Powerhouse Antitrust Lawyers Shaping Minnesota’s Legal Landscape by Business Today (2023)
- Chambers USA, Up & Coming Antitrust Attorney (2021-2023)
- Named a Super Lawyer in 2020-2024 by Super Lawyers®.
- Named a Minnesota Rising Star from 2015-2019 by Super Lawyers®.
- Named an ‘Up & Coming Attorney’ by Minnesota Lawyer for 2015.
Rated by Super Lawyers
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Community Involvement
- Former Adjunct Professor, University of Minnesota Law School
- Former Saint Anthony Park Community Foundation, Board Member