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Brian Dunphy is a healthcare litigator and trusted adviser for clients. He counsels healthcare providers, health plans, Medicare Advantage plans, pharmaceutical companies, biotechnology and life sciences companies, and clinical laboratories.

Brian represents clients facing government investigations and whistleblower complaints regarding alleged violations of the federal False Claims Act (FCA) and similar state laws. He also handles complex commercial litigation involving business disputes for healthcare, life sciences, and biotech companies, as well as defending product liability cases for pharmaceutical and biotech companies. Brian is well-versed in healthcare regulatory requirements, and he represents clients at all stages of investigations, in litigation, at trial, and in arbitrations.

Before attending law school, Brian was a project manager at Accenture, a global management and technology firm.

Brian is committed to giving back through pro bono and among his other work, he has spent more than a decade advising a nonprofit dedicated to advancing the study, treatment, and prevention of the effects of concussions and other brain trauma in athletes and other at-risk groups. He is also deeply involved in the Boston community as a member of the Board of Advisors for Life Science Cares, and the boards of directors of the Concussion Legacy Foundation and the Volunteers Lawyers Projects.

Experience

  • Laboratories, health plans, Medicare Advantage plans and numerous other clients in government FCA investigations and FCA litigation in jurisdictions around the country.*
  • A pharmaceutical firm, laboratory, and several executives in an FCA lawsuit in federal court, resulting in the court dismissing the relator’s complaint three times.*
  • Vendor to Medicare Advantage plans in obtaining dismissal of a whistleblower’s state and federal FCA claims. Successfully argued the appeal in the Second Circuit Court of Appeals, which affirmed the district court’s decision.*
  • Publicly traded biotechnology company and a pharmaceutical company in nine related cases in multijurisdictional product liability disputes involving an FDA-approved pharmaceutical drug. Successfully obtained summary judgment.*
  • Construction companies in a state attorney general’s FCA investigation related to a construction project. *
  • Health insurance company in an FCA lawsuit in federal court involving relator’s allegations of an industry-wide drug-pricing scheme. Case dismissed by the court.*
  • Manufacturer of next-generation DNA sequencing machines as trial counsel in a week-long federal court jury trial involving an 18-count, $100 million complaint filed by a former distributor. Obtained a favorable defense verdict.*
  • Medicare Advantage organization in obtaining a favorable resolution of an FCA case before litigation.*
  • International life sciences company in an arbitration initiated by a supplier. Following an evidentiary hearing, a panel of arbitrators rejected the supplier’s claims and entered judgment for the client on its counterclaim, including recovery of attorneys’ fees and costs.*

* Reflects experience at previous employer.

Recognition

Boston Magazine
"Top Lawyers" Healthcare Law (2022-2024)

Credentials

Education

  • J.D., Boston College Law School, 2007
  • B.A., Boston College, 1998

Admissions

  • Massachusetts

Activities

  • Board of Advisors, Life Science Cares (2022-present)
  • Board of Directors, Volunteer Lawyers Project of the Boston Bar Association (2018-present)
  • Board of Directors, Concussion Legacy Foundation (2018-present)
  • Alumni Board Member, Boston College Law School (2019-2023)
  • Boston Bar Association
  • Massachusetts Bar Association
  • American Bar Association
  • American Health Lawyers Association
Overview