Brian Perryman

Brian P. Perryman navigates corporate clients through large-scale, high-stakes litigation. He focuses on the defense of consumer class actions, non-class representative actions (including collective actions and so-called “public entity” lawsuits), and other forms of complex litigation.

Brian has extensive experience removing class actions under the Class Action Fairness Act (CAFA), compelling arbitration, litigating certification and decertification motions, filing and opposing Rule 23(f) petitions, settling class actions, and dealing with settlement objectors.

He regularly serves as appellate counsel for parties and amici curiae. Nationally, Brian has authored briefs or given oral argument in the U.S. Courts of Appeal for the First, Second, Ninth, Tenth, and Eleventh circuits, and in a number of state appellate courts.

During his career, Brian has handled cases for members of the insurance and consumer financial services industries involving the Racketeer Influenced and Corrupt Organizations Act (RICO), Employee Retirement Income Security Act (ERISA), Fair Labor Standards Act (FLSA), Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Fair Housing Act (FHA), False Claims Act (FCA), and numerous state consumer protection and labor laws, including California’s Unfair Competition Law (Section 17200) and False Advertising Law (Section 17500).

Brian has been involved in an array of complex commercial disputes in courts and arbitrations throughout the country, including litigating several cases in the Delaware Court of Chancery.

For example, he represented mortgage banking clients in prosecuting multimillion-dollar mortgage fraud civil actions in New York, Florida, California, Maryland and Illinois federal district courts. Brian has represented parties in the state and federal courts sitting in a majority of the United States.

In addition, Brian has significant experience handling state and federal regulatory matters, including the defense of administrative adjudicative proceedings, responses to investigations and subpoenas by state banking and insurance regulators and attorneys general, multistate market conduct examinations, and challenges to agency rulemakings under the Administrative Procedures Act.

Brian also represented a Fortune 500 company in responding to and moving to set aside a civil investigative demand issued by the Consumer Financial Protection Bureau (CFPB).

Experience :

• Patel v. Specialized Loan Servicing, LLC, 904 F.3d 1314 (11th Cir. 2018) (applying filed rate doctrine in affirming dismissal of putative class action)
• Coleman v. Assurant, Inc., No. CV 18-2808 (S.D. Tex. Nov. 27, 2018) (granting motion to compel arbitration in putative collective action asserted under the Federal Labor Standards Act)
• Garvey v. American Bankers Insurance Co. of Florida, No. CV 17-986, 2018 WL 3549784 (N.D. Ill. July 23, 2018) (granting motion to dismiss defendant from Telephone Consumer Protection Act putative class action for lack of personal jurisdiction)
• Navin v. Wells Fargo, N.A., 199 F. Supp. 3d 646 (D. Conn. 2016) (D. Conn. Aug. 8, 2016) (granting motion to dismiss insurer defendants in putative class action challenging certain practices to lender-placed insurance)
• Lee v. Ocwen Loan Servicing, LLC, 101 F. Supp. 3d 1293 (S.D. Fla. 2015) (denying class action settlement objector’s demand for discovery concerning settlement payment structure)
• Braynen v. Nationstar Mortgage, LLC, No. CV 14-20726, 2014 WL 6090665 (S.D. Fla. Nov. 10, 2014) (overruling objections to preliminary approval of class action settlement)
• Saccoccio v. JP Morgan Chase Bank, N.A., 297 F.R.D. 683 (S.D. Fla. 2014) (approving nationwide class action settlement over objections of counsel in parallel class actions)
• American Security Insurance Co. v. Cricket Communications, Civ. A. No. 7410 (Del. Ch. Apr. 30, 2012) (ordering preservation of the parties’ status quo business relationship pending outcome of arbitral proceedings)
• Cramer v. John Alden Life Insurance Co., 763 F. Supp. 2d 1196 (D. Mont. 2011) (granting motion to dismiss putative ERISA class action alleging improper assertion of subrogation rights)
• Public Service Co. of Colorado v. Mallon, No. CV 07-762, slip op. (Colo. Dist. Ct. Oct. 22, 2008) (dismissing count asserted under the Colorado Organized Crime Control Act)
• Bird v. Delacruz, No. CV 04-661, 2005 WL 1625303 (S.D. Ohio July 6, 2005) (dismissing defendant from multi-count, multi-defendant lawsuit)

Education :

• George Mason University School of Law, J.D., 2003, cum laude
• American University, B.A., 1999, cum laude

Bar Admissions : District of Columbia, Virginia

Court Admissions :

• U.S. Court of Appeals, Second Circuit, Fourth Circuit, Eighth Circuit, Ninth Circuit, Tenth Circuit, Eleventh Circuit
• U.S. District Court, District of Colorado
• U.S. District Court, District of Columbia
• U.S. District Court, District of Maryland
• U.S. District Court, Northern District of Illinois
• U.S. District Court, Western District of New York
• U.S. District Court, Western District of Virginia