Brian P. Dunphy

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  • 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, and 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 
  • Trains marketing and sales forces on compliance with these laws and codes

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 also committed to pro bono work. Brian 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.

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

  • 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
  • Represent a publicly traded biotechnology company and a pharmaceutical company in ongoing multi-jurisdictional product liability disputes involving an FDA-approved pharmaceutical drug, obtaining summary judgment on all claims and successfully excluding plaintiffs’ expert witness    
  • 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
  • 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