Hon. Garrett E. Brown, Jr. (Ret.) joined JAMS in 2012 after serving twenty-six years on the bench, including six-and-one-half years as Chief Judge on the United States District Court for the District of New Jersey. As a JAMS panelist, he facilitates the prompt, efficient, and economical resolution of commercial disputes through mediation, arbitration, special mastership, and neutral analysis.

During his tenure on the federal bench, he presided over and resolved by settlement, trial, or judgment approximately nine thousand cases involving a wide range of issues. The matters over which he officiated collectively spanned the breadth of federal subject-matter jurisdiction, including a wide variety of complex business and commercial litigations, particularly within the realms of intellectual property, the life sciences (including pharmaceuticals), antitrust, employment, and all manner of contract disputes. His facility with class and collective actions and coordinated/multi-district litigation is also highly-regarded. 

Before his appointment as a United States District Court Judge, Judge Brown tried criminal and civil cases to jury verdicts as both an Assistant United States Attorney for the District of New Jersey, and as a litigator in private practice. 

He brings focus, energy, and extensive preparation to all his matters regardless of the issues presented or the relief sought. He resolves commercial disputes that vary in scope and complexity from single-day mediations to lengthier arbitrations and quasi-judicial special masterships, as well as to on-demand neutral analysis attendant to motion practice, trials, and appeals.

Judge Brown has taught and continues to teach CLE courses and seminars to practicing attorneys around the country on such subjects as patent law and litigation, class actions, securities law, commercial finance, complex litigation, drug and medical device litigation, and negotiation and alternative dispute resolution. The organizations before which he has lectured include PLI, ALI-ABA, NYSBA, NYIPLA, ACI, IQPC, West Legal Works, ICLE, NJSBA, and AFBNJ. 

ADR Experience and Qualifications

• Given his extensive legal experience, Judge Brown is a highly sought after participant for neutral analysis, including mock exercises and appellate matters, particularly in intellectual property and complex commercial disputes.
• While on the bench, Judge Brown addressed various international issues relating to the Foreign Corrupt Practices Act (FCPA), the Foreign Sovereignty Immunity Act (FSIA), and various Hague Conventions and treaties.
• Judge Brown has also lectured abroad for the United States Department of State and the United States Information Agency on various aspects of American law in Japan, the Philippines, Indonesia, Malaysia, Singapore, Australia, and New Zealand. 

Representative Matters

• Antitrust & Competition
• Arbitrated, as Chair of a tripartite arbitral panel, an action involving the calculation of the total domestic market for a particular consumer product and manufacturers’ market shares for the same. 
• Neutral Evaluator in a matter involving a suit to block a proposed merger of business supply companies. 
• Neutral Evaluator in a mock trial exercise involving alleged Sherman Act, state antitrust and unfair and deceptive trade practice, and other consumer protection laws relating to drug companies’ sale of a medication. 
• Successfully mediated a franchise dispute involving alleged violations of antitrust laws by parties in automobile supply industry.  
• Successfully mediated two matters involving state claims of misappropriation of trade secrets and proprietary information, unfair competition, tortious interference with contract and prospective economic advantage, and a federal claim alleging patent infringement involving medical device. 
• Successfully mediated an antitrust dispute regarding respondent’s alleged improper refusal to provide samples to claimant for bioequivalence testing in connection with an Abbreviated New Drug Application (ANDA) filing. 
• Presided, as a judge, over MDL 1471 – In Re: Compensation of Managerial, Professional and Technical Employees Antitrust Litigation – an antitrust matter involving claims that major U.S. oil companies exchanged detailed salary information in an effort to suppress the growth of oil industry salary levels.  Defendants’ motion for summary judgment granted on the basis that plaintiffs failed to present evidence to sufficiently define the product market.
• Presided, as a judge, over a consolidated matter involving a putative class of title insurance purchasers that alleged injuries as a result of a price-fixing conspiracy by insurance providers.
• Presided, as a judge, over matters involving claims of monopolization of software and services in violation of federal antitrust laws in several industries, including the sports arena and the telecommunications industry.
• Bankruptcy
• Successfully mediated a commercial dispute involving a claim that certain of respondents’ restaurants (which had declared bankruptcy), had diverted money from profitable restaurants to unprofitable ones. 
• Presided, as a judge, over the sale of a former automobile executive’s large property to a golf course developer for over $15 million thereby resolving a contentious multi-district five-year legal battle. The proceeds from the sale were earmarked for creditors who recovered about half of the total outstanding debt.
• Presided, as a judge, and actively managed and approved the final plan and settlement in a Chapter 11 bankruptcy case involving a roofing materials manufacturer, the successor-in-interest to an entity named in 5 million asbestos actions. Under the Joint Plan of Reorganization, a settlement trust was created to process, liquidate, and pay valid asbestos personal injury claims as well as to address issues related to asbestos contaminated sites.
• Presided, as a judge, actively managed, and ultimately approved a plan of reorganization resolving almost one-hundred-forty wrongful death and personal injury lawsuits in a case involving three-hundred-ninety Ephedra-related personal injury and/or wrongful death claims, two consumer class actions, four enforcement actions by governmental agencies, and multiple adversary proceedings related to the Chapter 11 case of the seller of the popular Ephedra-containing diet pill and other supplements linked to health risks and banned by the U.S. Food and Drug Administration.
• Business & Commercial
• Served as an arbitrator, mediator, or neutral analyst  in numerous disputes involving breach of contract and related claims. 
• Successfully mediated a class action dispute involving allegations that a telecommunications  company had violated the New York Transportation Corporation Law by affixing terminals and plant fixtures to buildings without negotiating for or making payment to the buildings’ owners. 
• Successfully mediated a matter involving the right to indemnification, and counterclaims for fraud and misrepresentation, pursuant to the terms of a purchase agreement relating to fiber networks. 
• Successfully mediated a dispute involving a certified Telephone Consumer Protection Act (TCPA) matter that was set for trial. 
• Successfully mediated a matter brought by a shareholder claimant seeking damages and the dissolution of two manufacturing companies. 
• Successfully mediated a matter involving alleged breach of fiduciary duty, breach of contract, and waste of corporate resources claims against respondent. 
• Successfully mediated a dispute involving the alleged breach of a series of agreements dealing with the design and engineering of and construction services related to solar energy projects in various states. 
• Successfully mediated a dispute relating to allegedly unpaid legal fees and claims of malpractice in connection with the out-of-bankruptcy acquisition of a medical center.  
• Class Action & Mass Tort
• Successfully mediated a class action dispute in which the claimants alleged that respondents’ product did not actually contain a particular ingredient represented to be in the product. 
• Successfully mediated a class action dispute relating to alleged breaches of the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA), and the Truth in Lending Act (TILA). 
• Presided, as a judge, over a class action dispute brought by participants in a long-term savings plan for management employees for compensation for losses related to the breach of ERISA-mandated duties in the operation and administration of the plan and granted preliminary and final approval of the parties’ $29 million settlement. 
• Presided, as a judge, over a trial in a securities fraud class action which resulted in a settlement prior to verdict on Judge Brown’s recommendation. The settlement was upheld on appeal to the Third Circuit. 
• Presided, as a judge, and approved the final settlement of a class action alleging violations of the Securities Act against former officers and directors of a now defunct generic drug manufacturer.
• Construction
• Arbitrated a dispute involving two insurance companies over the alleged loss of a development site. 
• Successfully mediated a construction dispute involving allegations of trespass, adverse possession, and negligence. 
• Employment Law
Discrimination

• Successfully mediated a disability and Family and Medical Leave Act (FMLA) dispute involving claims alleged against a senior living facility. 
• Successfully mediated a New Jersey Law Against Discrimination (LAD) dispute which involved alleged sexual harassment claims against the respondent. 
• Successfully mediated a dispute involving respondent’s alleged acts of disability discrimination, failure to accommodate, retaliation, and hostile work environment. 
• Successfully mediated a dispute involving violations of Section 1981 of the Civil Rights Act of 1866, the New York Executive Law, and the New York City Administrative Code, based on alleged racial discrimination and retaliatory conduct.
• As a judge, presided over a number of trials involving claims of employment discrimination and settled many more.
Non-Compete Agreements and Other Agreements

• Arbitrated a dispute involving allegations that respondent violated a non-compete clause in  an employment contract and attempted to pirate claimants’ employees when respondent left its employ for a competing firm. 
• Successfully mediated a FINRA employment matter involving alleged breach of contract claims. 
• Successfully mediated a matter involving respondent’s alleged cash retention award repayment obligation to claimant. 
Wrongful Termination

• Arbitrated a dispute involving a CEO’s alleged wrongful termination based on the CEO’s alleged willful misconduct and bad faith in connection with the performance of his duties. 
• Successfully mediated a wrongful termination dispute involving alleged violations of respondent’s codes of business ethics and conduct. 
• Successfully mediated a dispute involving allegations that an athletic team coach was wrongfully terminated and entitled to compensation pursuant to the terms of an employment agreement, and that the coach’s termination was also the result of alleged gender discrimination. 
• Successfully mediated a dispute involving allegations that claimant’s termination was improper and in retaliation for taking issue with alleged violations of the respondent’s company policies and potential violations of law. 
• Insurance
• Arbitrated, as a non-administered neutral arbitrator, a matter involving two insurance companies. 
• Successfully mediated disputes concerning claims for indemnity or additional insurance benefits for losses allegedly sustained in connection with Superstorm Sandy. 
• Successfully mediated a dispute involving an insured’s claim for coverage under a directors and officers (D&O) insurance policy relating to an alleged improper/fraudulent transfer of funds made by the insured to avoid repayment of certain corporate debts. 
• Successfully mediated an insurance dispute involving the allocation of attorneys’ fees  awarded in a litigation respondent had defended overseas. 
• Successfully mediated a dispute involving allegations that the claimant was entitled to benefits under a policy of disability income insurance. 
• Successfully mediated an ERISA dispute between the claimant and a long-term insurance carrier over the propriety of the carrier’s termination of benefits after approving and paying such benefits. 
• As a judge, presided over MDL No. 1663 – In re: Insurance Brokerage Antitrust Litigation – involving allegations that certain insurance brokers solicited rigged bids from insurers and received kickbacks for steering customers to those companies. One group of insurers settled for $121 million, and a group of brokers settled for $28 million. Judge Brown approved both class action settlements and awarded $29.5 million in attorney fees for the larger settlement. The Third Circuit affirmed the settlement in its entirety.
• Intellectual Property
Patent Litigation

• Arbitrated, as Chair of a tripartite arbitral panel, a dispute between pharmaceutical companies regarding alleged fees due between the parties after their underlying patent litigation did not settle. 
• Arbitrated a dispute involving unpaid royalties relating to patents from which respondent was allegedly continuing to benefit without compensation to the claimant. 
• Successfully mediated a dispute involving the alleged infringement of a patent relating to cellular and public safety communications.
• Successfully mediated a dispute involving a challenge by private plaintiffs under the antitrust laws to the settlement of a patent infringement litigation involving pharmaceutical companies. 
• Successfully mediated a patent infringement dispute regarding allergy medication. 
• Successfully mediated a patent dispute between two brewing companies. 
• Successfully mediated multiple patent disputes concerning certain cancer and immunology drugs and other pharmaceuticals.  
• Neutral Evaluator in a matter relating to a pharmaceutical patent. 
• Neutral Evaluator in mock trial exercise relating to an appeal of a patent infringement case. 
• Neutral Evaluator in an ANDA litigation matter involving claims of patent infringement by pharmaceutical companies against multiple defendants.   
• Neutral Evaluator in various patent matters involving medications and/or devices used in the treatment of a variety of medical conditions/diseases. 
• As a judge, presided over a month-long jury trial in a case involving patent infringement claims related to high-speed DSL modem technology. The jury found that all claims of the patents in the suit were valid and infringed and awarded $112 million in economic damages.
• As a judge, presided over a month-long jury trial in a case involving patent infringement claims relating to semiconductor technology. The jury found noninfringement and rendered two of the patents invalid.
• As a judge, presided over a jury trial in an action involving patent infringement claims relating to communications and control within defendant’s mailing machines. The jury found that plaintiff infringed the patents but found that those patents were invalid on the grounds of anticipation. Judge Brown upheld the jury verdict in a post-trial memorandum, which was summarily affirmed by the Federal Circuit.
• As a judge, presided over a two-week jury trial in a case involving a nursing garment with a built-in nursing bra, in which the jury found three patents invalid, declined to find infringement by one defendant, and found one patent unenforceable due to inequitable conduct. Judge Brown sustained the jury's verdict on all counts, denying motions for judgment as a matter of law and awarded costs to defendants.
• As a judge, presided over a bench trial in a patent infringement case involving the pharmaceutical drug Tizanidine. After reviewing post-trial briefings, Judge Brown issued a bench opinion, finding noninfringement in favor of defendant’s proposed marketing of its generic product and ordered plaintiff’s patent invalid because it lacked enablement.
• As a judge, presided over a one-week jury trial of a patent infringement case relating to interference suppression technology for ethernet jacks. After the jury was unable to reach a verdict, Judge Brown was able to assist the parties in reaching a settlement.
• As a judge, presided over all aspects of litigation in a consolidated patent case involving certain medication and assisted in settlements.
• As a judge, presided over a patent infringement case involving a slow-release morphine technology. After trying the case, the parties amicably settled the action.
• As a judge, presided over a two-week jury trial in a patent infringement case involving metalized plastic cutlery. Judge Brown ordered a new trial. Thereafter, the parties settled the case on amicable terms.
• As a judge, presided over a jury trial in a case involving patent infringement claims regarding technology related to methods of use for a drug, where the jury found that all asserted claims of the patent were invalid and not infringed.
Trademark

• As a judge, presided over a trial disallowing the use of a toy manufacturer’s false and misleading advertising but upholding its right to continue manufacturing the product at issue without any changes in design.
• As a judge, presided over a case involving trademark, trade dress, and unfair competition claims between competing fast-food restaurants.
• As a judge, presided over many Lanham Act cases involving health care and household and consumer products.
Copyright

• Special Master in a copyright/trademark dispute involving computer software. 
• Successfully mediated a dispute involving trade secrets.  
• Successfully mediated dispute involving the copyright ownership of certain architectural plans. 
• Successfully mediated a dispute concerning a royalty agreement between the claimant and a university’s regents.  
• Maritime & Admiralty Law
• Successfully mediated a dispute involving the Coverage of Goods and Services Act. 
• Presided, as a judge, over numerous admiralty/maritime cases involving: (1) Jones Act-based personal injury claims, including complex toxic torts actions; (2) maritime collision and Limitation of Liability Act issues; and (3) charter, cargo, and marine insurance.
• Taught International Admiralty and Maritime Law courses as an Adjunct Professor at Seton Hall University School of Law programs in Egypt (2006 and 2009) and Tanzania (2010 and 2011) and represented the United States  Maritime Administration in diplomatic negotiations with Iceland, the former USSR, and the People’s Republic of China and on various NATO matters.
• Personal Injury & Tort
• Successfully mediated a matter involving the electrocution of a child in a rail yard. 
• Successfully mediated personal injury disputes stemming from claimants’ alleged injuries after use of ladders. 
• Successfully mediated a personal injury/product liability dispute that allegedly resulted in an apartment fire and the death of an individual. 
• Product Liability
• As a judge, presided over MDL No. 2243 – In re: Fosamax (Alendronate Sodium) Products Liability Litigation (No. II) – which involved hundreds of cases against Merck & Co., Inc. alleging product liability claims for femur fracture injuries as a result of taking the osteoporosis drug commonly at issue in that MDL.
• As a judge, presided over the ongoing MDL No. 1687 – In re Ford Motor Co. E-350 Van Products Liability Litigation (No. II) – a products liability, warranty, and consumer fraud action involving claims that design defects led to Ford’s fifteen-passenger vans’ stability problems and a poor reputation that decreased the vans’  actual value to customers. Through motion practice, Judge Brown resolved more than sixty of the original eighty claims initially brought by twenty named plaintiffs from eleven states, and he also denied the plaintiffs’ initial motion for class certification.

Honors, Memberships, and Professional Activities

• Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
• Recipient, William J. Brennan, Jr. Award for distinguished service, Association of the Federal Bar of New Jersey
• Recipient, distinguished service awards from the Attorney General and from the Public Printer of the United States
• Received designation of Honorary Rear Admiral, United States Maritime Service
• Founding member and active participant, John C. Lifland Intellectual Property Inn of Court
• Fellow, American Bar Foundation
• Member, Third Circuit Judicial Council, 2005-2012
• Judicial Conference of the United States: Third Circuit District Court Member, 2005-2008; Committee Member, 1997-2004
• Member, Board of Visitors, Duke University School of Law, 2010-2016
• Member, District Judge Education Advisory Committee, Federal Judicial Center, 1999-2004 (lecturer at various CLE programs)
• Chief Justice Weintraub Lecturer, Rutgers University School of Law, Newark, NJ
• Adjunct Professor, Seton Hall School of Law, Newark, NJ, 1995-2012 (taught over twenty courses on federal courts and jurisdiction, admiralty and maritime law, professional responsibility, civil trial persuasion and advocacy, legal negotiation, and dispute resolution)

Background and Education

• Judge, United States District Court, District of New Jersey, 1986-2012 
• Chief Judge, 2005-2012
• United States  Maritime Administration
• Chief Counsel, 1983-1985
• Acting Administrator, 1985
• General Counsel, United States Government Printing Office, 1981-1983
• Private Practice, Newark, New Jersey, 1973-1981
• Assistant United States Attorney, Deputy Chief, Criminal Division, and Executive Assistant, District of New Jersey, 1969-1973
• Law Clerk, Hon. Vincent S. Haneman, Justice, Supreme Court of New Jersey
• J.D., Duke University School of Law, 1968
• B.A., Lafayette College, 1965
• Member of the New Jersey, New York, and District of Columbia bars