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. Holden 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, Holden 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, Holden was a newspaper journalist and broadcast/film producer.

Representative Transactions

  • Represented Novacap, one of Canada’s largest private equity firm, as HSR counsel on various acquisitions and dispositions over several years
  • 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

Holden is a member of the American Bar Association Antitrust Law Section Special Ops Team, Integrated Marketing Initiative and has previously served in other leadership positions.

Select Publications, Quoted Interviews, and Presentations

  • Panelist, “Antitrust and Oncology,” Association of Community Cancer Centers Business Summit (March 2021)
  • Moderator, “Let’s Get an Understanding: Criminal Antitrust Enforcement in Provider Space,” American Bar Association Antitrust in Healthcare Virtual Conference (February 2021)
  • Author, “Episode 14: Economics 101: Tools for Understanding Antitrust and Provider Deals,” Health Care Law Today (January 14, 2021)
  • Speaker, “A Primer on Antitrust Issues Surrounding COVID-19: A Discussion with H. Holden Brooks and Lawrence W. Vernaglia of Foley & Lardner, LLP,” Massachusetts Health & Hospital Association (April 21, 2020)
  • Moderator, “Hot Topics in Non-Merger Litigation,” American Bar Association and American Health Lawyers Association Healthcare in Antitrust Conference (May 2018)
  • Quoted, “Antitrust Issues in the Current Healthcare Industry,” The Ambulatory M&A Advisor (March 22, 2017)
  • 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)
  • Panelist, “The State of State Action,” American Bar Association Healthcare in Antitrust Conference (May 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)
  • Author, “Clinical Integration, Joint Contracting, and the Future of Provider Collaboration: First FTC Guidance in Over Three Years,” Group Practices Journal (June 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)
  • Author,” Federal Antitrust Enforcement in Health Care,” Association of Corporate Counsel (January 2, 2012)

Education

  • Cornell Law School (J.D., cum laude, 2001)
    • Senior note editor, Cornell Law Review
  • Columbia University School of the Arts (M.F.A., 1996)
    • Johns Hopkins University (B.A., with honors, 1992)

Admissions and Professional Memberships

Holden 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. Holden is also vice chair of the ABA Section of Antitrust Law’s Programs Committee.