Brandon J.B. Boulware

Kansas City, Missouri / Shareholder

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Brandon Boulware focuses on complex business disputes, antitrust and securities litigation, and white collar criminal matters. Mr. Boulware represents corporations and individuals, both as plaintiffs and defendants, in federal and state courts in Missouri, Kansas, and across the country. He has a reputation for an aggressive yet strategic and commonsense approach.

Mr. Boulware is currently defending a large general contractor in an alleged trade secret dispute; prosecuting antitrust opt-out actions against polyurethane foam manufacturers; defending a manufacturer of propane gas tanks in a putative class action; prosecuting price-fixing conspiracy claims on behalf of the country’s largest furniture manufacturer; and representing a vehicle dealership against Volkswagen on claims arising from the “clean diesel” scandal.

Significant Representations

Obtained complete dismissal of class action claims against oil and gas producer in case alleging market allocation. Catron v. Colt Energy, et al. (Kansas state court 2016)

Obtained jury verdict of $718,000 on behalf of radiologist in breach of fiduciary duty case. Idstrom v. Alliance Radiology et al. (Kansas state court 2015)

Defended seller of diagnostic testing lab in business tort suit where plaintiffs claimed more than $36 million in damages. (Missouri state court 2013)

Obtained complete dismissal of client after taking key depositions of plaintiff Pizza Hut and franchisees in case alleging years-long manipulation of the Chicago Mercantile Exchange. Pizza Hut, Inc. et al. v. Dairy Farmers of America, et al. (Missouri state court 2013)

Obtained summary judgment for tractor-trailer suspension system manufacturer in wrongful death action.  (California state court 2012)

Defended corporate executive in MDL class action alleging antitrust conspiracy to reduce prices paid to dairy farmers for raw milk. Obtained summary judgment in favor of client. Other defendants settled collectively for more than $300 million. In re Southeastern Milk Antitrust Litigation (E.D. Tenn. 2012)

Defended suspension system manufacturer in products liability case in Utah state court; case involved several plaintiffs, including one fatality and severe head injuries. On eve of trial, plaintiffs demanded seven figures. After third day of trial and cross-examination of plaintiffs’ key witnesses, plaintiffs agreed to settle for nominal amount. (Utah state court 2011)

Represented board chairman in securities class actions, tag-along shareholder derivative suits, and SEC-enforcement action alleging securities fraud. In re American Italian Pasta Securities Litigation (W.D. Mo. 2008)

Defended holding company of cigarette manufacturer in what would have been largest class action in Kansas history. Defendants defeated class certification. Benedict v. Altria Group, Inc. (D. Kan. 2007)

Prosecuted breach of contract case against country’s largest health insurer. At end of trial, obtained $1.9 million arbitration award (full damages sought). (AAA Arbitration 2007)

Defended hospital in case alleging antitrust conspiracy among insurers and hospitals to keep plaintiff out of the market. Obtained court ruling striking plaintiff’s antitrust damage claim against our client. Plaintiff purportedly recovered $45 million from other defendants. Heartland Surgical Specialty Hospital v. Board of Trustees of North Kansas City Hospital, et al. (D. Kan. 2006)

Substantial experience representing directors and officers in internal investigations and governmental investigations and enforcement matters, including before the Department of Justice, Securities and Exchange Commission, Internal Revenue Service, Federal Deposit Insurance Corporation, Consumer Product Safety Commission, Food & Drug Administration, Federal Election Commission, and Office of the Comptroller of the Currency.

Serves as national counsel for clients in the exercise equipment and trucking industries. As national counsel for these clients, Mr. Boulware has defended lawsuits in courts in CA, FL, NY, MI, GA, UT, PA, NM, MA, TN, TX, and WA.

Practice Areas

  • Business Litigation
  • Antitrust
  • Securities
  • White Collar
Prior Work Experience

Law Clerk, Judge Dean Whipple
United States District Court for the Western District of Missouri, 2003-2005

Law Clerk, Judge Stephen N. Limbaugh, Jr.
Supreme Court of Missouri, 2002-2003

Education

American University, J.D.
Magna Cum Laude, 2002
• International Law Review
Notes & Comments Editor

University of Missouri-Columbia, B.A., 1999

Honors & Awards

Best Lawyers in America
Commercial Litigation, 2015 – Present

Best of the Bar
Kansas City Business Journal, 2013 – Present

Missouri and Kansas Super Lawyer
SuperLawyers Magazine, 2008 –  Present

Publications

“Opting Out of an Antitrust Class Action: Should Your Company Do It and, If So, When?”
The Antitrust Counselor, December 2011.

Memberships

American Bar Association
(Litigation and Antitrust Law Sections)

Missouri Bar Association

Kansas City Metropolitan Bar Association

Bar Admissions

Missouri

Kansas

United States District Court for Western District of Missouri

United States District Court for the District of Kansas

United States Court of Appeals for the Sixth Circuit

Organizations

St. Paul’s Episcopal Day School
Board of Trustees, 2015-present

Kansas City Midtown Housing Advisory Board
Board Member (appointed by Mayor), 2013-present