Milwaukee Office
411 East Wisconsin Avenue
Milwaukee,
Wisconsin
53202
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Professional Experience
Brian Winters practices in the areas of antitrust and trade regulation, public utility regulation and appellate litigation. Mr. Winters, who has an advanced degree in economics and taught college-level economics for several years, also works on civil litigation matters that involve the application of economic and financial analysis. His recent experience includes:
- Representation of clients in litigation involving First Amendment and dormant Commerce Clause issues.
- Representation of client in appellate litigation regarding jurisdictional scope of Wisconsin’s antitrust statute.
- Representation of privately held corporation in dissenters’ rights litigation where central issue was fair value of corporation’s shares.
- Representation of client in state court of appeals and state supreme court where issue was whether party who had come to jurisdiction allegedly for settlement discussions was immune from service of process.
- Representation of client in Department of Justice “second request” under Hart-Scott-Rodino Antitrust Improvement Act.
- Representation of public utility client in regulatory proceedings seeking authorization to construct new power plants.
- Representation of public utility client in general and special purpose rate cases.
- Representation of public utility holding company in regulatory proceeding to approve merger with another holding company where a key issue was right to recover synergy savings.
- Representation of public utility in judicial review of agency’s rate order.
- Advice to health care client in case alleging excessive earnings under state “reasonable rate of return” statute.
- Preparation of amicus brief in support of petition for certiorari to United States Supreme Court where issue was state's right to regulate listing of professional credentials.
Education and Honors
- Yale Law School (J.D., 1996)
Olin Fellow in Law (Economics and Public Policy, 1993-1996). Yale Journal on Regulation (Editor-in-Chief, 1995-1996). University of Geneva (Switzerland) (Program in Banking and Capital Markets Law, 1994).
- University of Toledo (M.A., 1989)
Degree: Economics.
- University of Toledo (M.A., 1980)
Degree: Philosophy.
- Cornell University (A.B., with distinction in all subjects, 1974)
Degree: Economics. Phi Beta Kappa.
Bar Admissions
Wisconsin,
1996
Court Admissions
U.S. Supreme Court, 2002
U.S. Court of Appeals, 7th Circuit, 2002
U.S. District Court, Eastern District of Wisconsin, 1996
U.S. District Court, Western District of Wisconsin, 1996
Professional Recognition
Named the Best Lawyers’ 2012 Milwaukee Energy Law Lawyer of the Year. Listed in The Best Lawyers in America® (2005-present: Energy Law). Martindale-Hubbell AV ® Peer Review Rated. Selected for inclusion in the 2005-2011 Wisconsin Super Lawyers® lists (Utilities).
Professional and Civic Activities
American Bar Association (Member, Sections of Administrative Law and Regulatory Practice; Antitrust; Public Utility, Communications, and Transportation Law; Litigation). State Bar of Wisconsin (Chair, Antitrust Committee of Business Law Section 2003-present; Chair-elect, Energy and Telecommunications Section). American Economic Association (Member). American Law and Economics Association (Member).
Selected Presentations/Publications
Publications:
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“Wisconsin Supreme Court Reaffirms Fundamental Distinction Between Purchase of Assets and Purchase of Stock,” Business Law News, Volume 22, Number 4, 2003.
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“Minimum Resale Prices: Proceed with Extreme Caution,” Business Law News, Volume 22, Number 7, 2003.
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“A Primer on Interest Rate Swaps,” Business Law News, Volume 22, Number 3, 2003.
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“A Primer on Risk and Return,” Business Law News, Volume 22, Number 1, 2003.
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“A Primer on Options,” Business Law News, Volume 21, Number 2, 2002.
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“The Rights of Dissenters in Wisconsin,” Business Law News, Volume 19, Number 4, 2000.
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“(Almost) Everything You Always Wanted to Know About the Federal Antitrust Laws (But Were Afraid to Ask),” PUR Utility Quarterly, First Quarter, 2000.
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“Federal Regulation of Utility Mergers and Acquisitions: Asking the Right Questions,” PUR Utility Quarterly, First Quarter, 1999, reprinted by Merrill Lynch & Co., Global Securities Research & Economics Group, April 13, 1999.
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“Recognizing and Avoiding Regulatory Constraints,” with Larry J. Martin, PUR Utility Quarterly, Third Quarter, 1998.
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“Logic and Legitimacy: The Uses of Constitutional Argument,” 48 Case Western Reserve Law Review 263, 1998.
Presentations:
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Presenter (with Matthew Vogel), “New Horizontal Guidelines,” Quarles & Brady Business Law Training,
February 10, 2011.
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“Antitrust Causes of Action: How to Sue and Be Sued,” 2003.
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“Predatory Conduct and Recent Court Decisions,” 2002.
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“Fundamentals of Predatory Pricing Law,” 2002.
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“Exclusionary Pricing,” 2001.
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“When Competitors Collaborate: Applying Antitrust Principles to Joint Ventures Including B2B Electronic Marketplaces,” 2000.
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“Antitrust Fundamentals,” 2000.
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“FERC’s Approach to Reviewing Mergers and Related Market Power Issues,” 1999.
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“Rights of Majority and Minority Shareholders Under the Wisconsin Business Corporation Act,” 1999.
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“Antitrust Injury,” 1997.
Reported Cases:
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Anderson v. Milwaukee County, 433 F. 3d 975 (7th Cir. 2006).
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Clean Wisconsin v. Public Service Comm'n, 700 N.W. 2d 768 (Wis. 2005).
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Conley Publishing Group v. Journal Communications, 2003 WI 119, 665 N.W. 2d 879 (2003).
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Manitowoc Western Company v. Montonen, 2002 WI 21, 250 Wis. 2d 452, 639 N.W. 2d 726 (2002).
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Kohler Company v. Sogen International Fund, et al., 233 Wis. 2d 592, 608 N.W. 2d 746 (Ct. App. 2000).
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Elections Board of the State of Wisconsin v. Wisconsin Manufacturers & Commerce, 227 Wis. 2d 650 (1999), 597 N.W. 2d 721 (Brief for amicus curiae American Civil Liberties Union of Wisconsin).
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