Overview

Holden Brooks is a partner and litigation attorney at Foley & Lardner LLP, where her practice focuses on mergers, complex litigation, criminal enforcement, and counseling, with experience across several industries, including health care. Ms. Brooks is a member of the firm’s Antitrust and Business Litigation & Dispute Resolution Practices and the Health Care and Food & Beverage Industry Teams.

Prior to joining Foley, Ms. Brooks was an associate in the antitrust group at Arnold & Porter LLP. Previously, she was a law clerk to the Honorable Peter J. Messitte of the United States District Court for the District of Maryland.

Prior to beginning her legal career, Ms. Brooks was a newspaper journalist and broadcast/film producer.

Representative Transactions

  • Serving as antitrust counsel for St. Mary’s Medical Center in conjunction with the Federal Trade Commission and West Virginia Attorney General’s review of its proposed transaction with Cabell Huntington Hospital. This case was nominated for the GCR Awards 2017 "Merger Control Matter of the Year" by Global Competition Review.
  • Served as antitrust counsel for South Shore Hospital in conjunction with a Department of Justice and Massachusetts Attorney General’s Office review of its proposed merger into Partners HealthCare System.
  • Serving as antitrust counsel in numerous clinical integration and other transactions among hospitals and other providers. 
  • Serving as antitrust counsel to corporations and individuals in criminal investigations by the United States Department of Justice Antitrust Division and states attorneys general.
  • Serving as antitrust counsel to trade and industry associations across multiple industries, including health care. 
  • Serving as antitrust counsel in transactions with complex Hart-Scott-Rodino issues.
  • Represented the Milwaukee Bucks President and Owner Herbert Kohl in the $550 million sale of the basketball franchise to New York investment firm executives Marc Lasry and Wesley Edens. One requirement of the deal was that the team be kept in Milwaukee, with the parties collectively pledging at least $200 million toward the development of a new arena.
  • Represented a Fortune 1000 manufacturer in MDL antitrust litigation in the U.S. District Court for the Northern District of Illinois. The allegations of price fixing concerned products in the automotive industry. The matter included a purported direct purchaser class, two purported indirect purchaser classes, a qui tam claim and a claim by the office of a state attorney general.

Affiliations

Ms. Brooks is vice chair of the American Bar Association Section of Antitrust Law Programs Committee.

Education

Ms. Brooks received her law degree from Cornell Law School (J.D., cum laude, 2001), where she served as senior note editor of the Cornell Law Review. She received her M.F.A. in writing from Columbia University School of the Arts (1996). Ms. Brooks earned her bachelor’s degree from The Johns Hopkins University (B.A., with honors, 1992).

Admissions and Professional Memberships

Ms. Brooks is admitted to practice in Wisconsin, Maryland, the District of Columbia, before the United States District Courts for the District of the District of Columbia, Maryland, the Northern District of Illinois, and the Eastern and Western Districts of Wisconsin. She is also admitted to practice before the United States Court of Appeals for the Fourth Circuit and the United States Court of Appeals for the Seventh Circuit. She is a member of the American Bar Association, the American Bar Association Section of Antitrust Law, the Wisconsin Bar Association, the Seventh Circuit Bar Association, and the District of Columbia Bar Section of Antitrust and Consumer Law. Ms. Brooks is also vice chair of the ABA Section of Antitrust Law’s Programs Committee.

Select Publications, Quoted Interviews, and Presentations

Ms. Brooks’ recent publications include “Clinical Integration, Joint Contracting, and the Future of Provider Collaboration: First FTC Guidance in Over Three Years,” published in the June 2013 issue of the Group Practice Journal, as well as “Federal Antitrust Enforcement in Health Care,” published in the January 2, 2012 issue of Association of Corporate Counsel. Ms. Brooks was quoted in The Ambulatory M&A Advisor article titled “Antitrust Issues in the Current Healthcare Industry,” published on March 22, 2017.

Her recent presentations include:

  • Panelist, “State Action and Other Immunities and Exemptions,” American Health Lawyers Association Webcast (June 14, 2016)
  • Moderator and Chair, “The New Rules of Conflicts: Considerations for Antitrust Practitioners,” ABA Section of Antitrust Law Spring Meeting (April 6, 2016)
  • Panelist, “Recent Developments in Health Care Antitrust,” ABA Section of Antitrust Law Webcast (January 27, 2016)
  • Panelist, “U.S. Health Care Antitrust Highlights,” Association of Corporate Counsel Webcast (April 7, 2015) 
  • Moderator, “Bringing Value to Trade Association Clients,” ABA Section of Antitrust Law Panel (March 25, 2015)
  • Panelist, “What Every Health Care Attorney Needs to Know: RICO, the 500-Lb. Legal Gorilla,” Association of Corporate Counsel Webcast (June 19, 2014)
  • Panelist, “State of State Action,” ABA Section of Antitrust Law and American Health Lawyers Association, Antitrust in Health Care Conference (May 13, 2014)
  • Moderator, “RICO in Health Care Industries: Understanding the Emerging Civil and Criminal Trends,” ABA Section of Antitrust Law Teleconference (February 6, 2014)
  • Panelist, “If You Don’t Steal My Employees, I Won’t Steal Yours: The Antitrust Treatment of Non-Poaching and Non-Solicitation Agreements,” ABA Section of Antitrust Law Teleconference (June 12, 2013)
  • Speaker, “Antitrust Concerns in Health Care,” Association of Corporate Counsel Webcast (February 21, 2013)
  • Moderator, “Differences with Distinction: Understanding the Important Dissimilarities Between State and Federal RICO Statutes and Their Impact in Litigation,” American Bar Association Conference (February 21, 2012)

Representative Matters

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Foley advised Canadian Solar Inc., one of the world's largest solar power companies, in its acquisition of Recurrent Energy, LLC, a leading North American solar energy developer, from Sharp Corporation for approximately $265 million. This represents the largest solar transaction to date that the Foley Energy Industry Team has closed.
Foley advised Canadian Solar Inc., one of the world's largest solar power companies, in its acquisition of Recurrent Energy, LLC, a leading North American solar energy developer, from Sharp Corporation for approximately $265 million. This represents the largest solar transaction to date that the Foley Energy Industry Team has closed. The acquisition of Recurrent expanded Canadian Solar’s position as a leading solar energy developer and deepened the company’s project development and financing capabilities. The acquisition has increased Canadian Solar's total solar project pipeline by 4.0 gigawatts (GW) to a total of 8.5 GW and added approximately 1.0 GW of late-stage projects, representing a revenue opportunity of at least $2.3 billion over the next two years. The transaction closed on March 30, 2015. The Foley team was led by partners Jeffery Atkin and Jason Allen, and included partners David Clark, Jason Barglow, Jamshed Patel and Leigh Riley; special counsels Justus Britt, Jeffrey Hua and Annie Tsai; of counsel Tom Mullooly; senior counsel Holden Brooks; and associate Bill DuFour.
Represented a bottling and packaging equipment manufacturer in an ongoing, multi-district litigation proceeding resulting from one of the largest and most sophisticated financial frauds in the United States, perpetrated by a Pennsylvania company named Le-Nature’s, Inc. and its principal shareholder, Gregory Podlucky. These consolidated cases involved complex issues of RICO, the due diligence obligations of financial institutions, deepening insolvency, and in pari delicto.