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Brian P. Dunphy

Associate vCard
Boston
617.348.1810



Education

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

Bar Admissions

  • Massachusetts

Brian represents a broad array of health care providers, biotechnology and life sciences companies, clinical laboratories, and pharmaceutical and medical device manufacturers in health-care litigation, government investigations, and product liability cases.  He is also a member of the firm’s Health Care Enforcement Defense Group.

In particular, Brian defends clients against government investigations of alleged violations of the False Claims Act (FCA) and the Anti-Kickback Statute (AKS); litigates whistleblower complaints brought under the FCA and its state analogues in federal court; defends pharmaceutical and biotech companies in national product liability cases; and represents clients in complex business disputes, including disputes arising from collaboration, distribution, and supplier agreements in the biotechnology and life sciences industry.

In addition, Brian advises clients on health care regulatory issues, including compliance with the federal Physician Payments Sunshine Act (and analogous state laws) as well as the PhRMA and AdvaMed codes of conduct.  He also trains marketing and sales forces on compliance with these laws and codes.

Brian is committed to pro bono work. He has successfully represented an asylum seeker in removal proceedings and a disabled student seeking a residential educational placement. Brian advises a non-profit organization dedicated to researching and preventing traumatic brain injuries. As a result of his pro bono work, Brian was selected to participate in the Boston Bar Association’s Public Interest Leadership Program.

Before joining Mintz Levin, Brian was a project manager at Accenture, a management and technology consulting firm. There, Brian provided consulting and project management services to several large asset management firms.

During law school, he co-chaired Boston College Law School’s Grimes Moot Court Competition and was a member of the Frederick Douglass Moot Court team.

Representative Current and Past Matters

  • Represented a publicly traded biotechnology company and a pharmaceutical company in ongoing multi-jurisdictional product liability disputes involving an FDA-approved pharmaceutical drug
  • Defended a health care client in a government investigation of possible false claims and violations of the AKS resulting from a whistleblower complaint
  • Obtained dismissal of a whistleblower’s state and federal FCA claims against a Pharmacy Benefit Manager in federal court
  • Successfully defended a laboratory against a government investigation of possible false claims by convincing a United States Attorney’s Office not to pursue a claim against our client
  • 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
  • Conducted an internal investigation of a health care provider and prepared a self-disclosure to the U.S. Department of Health and Human Services, Office of Inspector General (OIG)
  • Successfully opposed the OIG’s proposed exclusions of a physician from federal health care programs
  • Preserved the accreditation of a large hospital’s residency program by successfully appealing the proposed removal of the program’s accreditation to the Accreditation Council for Graduate Medical Education

Recognitions & Awards

  • Boston Bar Association Public Interest Leadership Program (2010 – 2011)
  • Massachusetts Super Lawyers: Rising Star (2014) 

Professional & Community Involvement

  • Member, Boston Bar Association
  • Member, Massachusetts Bar Association
  • Member, American Bar Association
  • Member, American Health Lawyers Association