Brian Dunphy

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC

$ $$$

Boston 02110 MA US

Brian P. Dunphy is a member of the Health Care Enforcement Defense Group, and he defends clients facing government investigations and whistleblower complaints regarding alleged violations of the federal False Claims Act and similar state laws — often related to purported overpayments or kickbacks.

Brian also handles commercial health care litigation involving business disputes, and he defends national product liability cases for pharmaceutical and biotech companies. Brian advises and counsels health care providers, biotechnology and life sciences companies, clinical laboratories, and pharmaceutical and medical device manufacturers.

He represents them in litigation and government investigations. He is also a member of the firm’s Health Care Enforcement Defense Group and is a frequent author on health care fraud and abuse issues.

Brian focuses his practice on defending companies against government investigations of alleged violations of the False Claims Act (FCA) and the Anti-Kickback Statute (AKS), conducting internal investigations, and litigating qui tam FCA cases in federal courts around the country.

Brian also defends pharmaceutical and biotech companies in national product liability cases and represents biotechnology, life sciences, and technology companies in complex business disputes.

Brian has spent nearly a decade advising a non-profit organization 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 a member of the firm’s Sports & Entertainment Practice.

Brian is also committed to pro bono work. He is a member of the team that manages the Massachusetts Civil Appeals Clinic. He successfully represented a client from the Democratic Republic of the Congo who was granted political asylum, and he obtained a residential educational placement for a disabled student.

Brian is a member of the Board of Directors of the Volunteers Lawyers Project and he is a committee member of the United Way’s “BoSTEM” Leadership Breakfast to benefit STEM education in the Boston Public Schools.

Before attending law school, Brian was a project manager at Accenture, a management and technology consulting firm. He continues to utilize his project management skills working with his clients to manage matters effectively and to deliver timely results.

EXPERIENCE :

  • Obtained summary judgment in nine related cases against a publicly traded biotechnology company and a pharmaceutical company in multi-jurisdictional product liability disputes involving an FDA-approved pharmaceutical drug
  • Secured a dismissal of a False Claims Act suit brought by an ex-employee whistleblower who accused the company of knowingly overcharging Medicaid for the cost of pharmaceuticals.
  • Achieved victory in an arbitration for an international life sciences company initiated by one of the company’s suppliers. After an evidentiary hearing, a panel of arbitrators rejected the supplier’s claims and entered judgment for our client on its counterclaim, including recovery of our client’s attorneys’ fees and costs
  • Represent a life sciences company before the International Court of Arbitration of the International Chamber of Commerce in a breach of contract dispute involving the manufacture of diagnostic assays
  • Defended numerous clients in government investigations resulting from qui tam FCA complaints, and in FCA litigations, in jurisdictions around the country
  • Successfully defended a physician before an Administrative Law Judge against an action by the Massachusetts Board of Registration in Medicine to revoke or suspend the physician’s license
  • Represented a life sciences company before the International Court of Arbitration of the International Chamber of Commerce in a breach of contract dispute involving the manufacture of diagnostic assays

EDUCATION :

  • Boston College (JD)
  • Boston College (BA)

INVOLVEMENT :

  • Board of Directors, Volunteer Lawyers Project of the Boston Bar Association
  • Committee Member, United Way BoSTEM Leadership Breakfast
  • Member, Boston Bar Association
  • Member, American Bar Association
  • Member, American Health Lawyers Association

ADMISSIONS : Massachusetts

Cost

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Boston 02110 MA US
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