Above, Ethan Glass
Ethan Glass, a prominent antitrust attorney at the Department of Justice (DOJ) for nearly a decade, who later in private practice represented the National Association of Realtors® (NAR) in its defense against DOJ scrutiny and private antitrust lawsuits, has been hired by Compass, Inc. as its chief legal officer, the firm announced Tuesday.
With decades of experience in antitrust litigation, Glass previously led teams at the DOJ that investigated and sued Multiple Listing Service (MLS) organizations for alleged anticompetitive conduct, according to the release. In private practice, he represented NAR in its defense against Michael Ketchmark and team during 2023’s landmark Burnett v. NAR et al commission lawsuit.
Glass most recently served as head of the Global Antitrust and Competition Practice at Cooley LLP, one of the leading technology law firms in the country.
According to Compass, “his appointment reinforces the firm’s commitment to protecting seller choice, challenging coercive industry practices and empowering agents to market their clients’ homes without restrictions from MLSs and third-party platforms like Zillow.”
“At Compass, we firmly believe agents should not be fined by MLSs or banned by Zillow for marketing listings off their platforms, and that no agent should be told by an MLS or Zillow how they must work with their clients,” said Compass Founder and CEO Robert Reffkin. “Bringing Ethan Glass on board as our chief legal officer reflects our unwavering commitment to seller choice and challenging these restrictive practices that limit when, where, and how homeowners can market their homes.”
Earlier this year in following an Alabama bill that explicitly banned any requirement for buyer agreements before agents tour properties with a client, a warning by Glass immediately following the November 2024 landmark NAR settlement agreement that agents could be put in a position where complying with the terms of that deal could conflict with other laws, came to the fore.
“(I)f NAR is compelled under pain of contempt to require written buyer agreements, it can’t be that there is an investigation, a litigation, or anything by someone challenging NAR for doing that and circumventing this court’s order,” he said.
Of his appointment to Compass and the company’s stance on listings, Glass said he was looking forward to joining the firm at “a pivotal moment” in the industry.
“I’m honored to join Compass, a company committed to empowering agents and ensuring homeowners retain control over how their properties are marketed,” said Glass. “This is a pivotal moment for the real estate industry, and I am excited to provide my expertise to a company that is so clearly aligned with supporting both its agents and the homeowners they serve.”
While at Cooley LLP, Glass led Compass’ lawsuit against Northwest MLS (NWMLS), a case aimed at restoring homeowners’ rights to decide how their homes are marketed in Washington State.
Throughout his career, Glass has been at the forefront of some of the most consequential legal battles involving antitrust and industry policies, MLS governance, listing data access, brokerage competition and platform accountability, Compass noted.
“He has a rare insight into how the residential real estate industry is organized, how participants in that industry compete, and how rules and regulations impact that competition,” the company announcement stated.
