professionalIMG

Brian P. Dunphy

Member vCard


Education

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

Bar Admissions

  • Massachusetts

Brian advises health care providers, biotechnology and life sciences companies, clinical laboratories, and pharmaceutical and medical device manufacturers. He represents them in health-care litigation, government investigations, and product liability cases. 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. Specifically, 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
  • Represents biotechnology and life sciences clients in complex business disputes, including disputes arising from collaboration, distribution, and supplier agreements
  • 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

Brian also advises 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 also a member of the firm's Sports Law Practice

Brian is 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. As a result of his pro bono work, Brian was selected to participate in the Boston Bar Association’s Public Interest Leadership Program.

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 utilizes his project management skills working with his current clients to manage matters effectively and to deliver timely results.

Representative Current and Past Matters

  • Defend health care clients in government investigations resulting from qui tam complaints, and in ongoing FCA litigations, regarding alleged violations of the FCA and the AKS
  • 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
  • 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
  • Obtained dismissal of a whistleblower’s state and federal FCA claims against a Pharmacy Benefit Manager in federal court, and the Third Circuit Court of Appeals upheld the district court’s decision in our client’s favor
  • Obtained a defense verdict as trial counsel after a week-long federal court jury trial. Azco Biotech, Inc. v. Intelligent Bio-Systems, Inc., 12-cv-2599-BEN, U.S. Dist. Ct. (S.D. Cal.). Plaintiff, a former distributor of our client’s next-generation DNA sequencing machines, filed an 18-count, $100 million complaint against our client. Following extensive discovery, we persuaded the court to narrow the case to a single breach of contract claim. The jury returned a unanimous verdict in our client’s favor
  • 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
  • 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
  • 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

Recognitions & Awards

  • Included on the Massachusetts Super Lawyers Rising Star: Health Care list (2014 – 2017) 
  • Greater Boston Chamber of Commerce, Boston Future Leaders Program (2015)
  • Boston Bar Association Public Interest Leadership Program (2010 – 2011)

Professional & Community Involvement

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