Brian P. Dunphy: Lawyer with Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Brian P. Dunphy


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Experience & Credentials

Practice Areas

  • Health Care Enforcement Defense
  • Litigation
  • Fraud & Abuse, Compliance & Regulatory Counseling
  • Life Sciences
  • State & Federal Agencies
  • Health Law
  • Health Care
Contact InfoTelephone: 617.348.1810
Fax: 617-542-2241
Internet: Each Attorney's Internet Address takes the following form: first initial, last name (e.g.,
University Boston College, B.A.
Law SchoolBoston College, J.D.
Admitted2007, Massachusetts

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


Brian has handled a wide range of health care litigation matters, government investigations, and voluntary disclosures for an array of health care providers, life sciences companies, and private equity funds and their portfolio companies. He defends clients against allegations of false claims for payment to the government, in SEC investigations and enforcement proceedings, and represents clients in complex business disputes. Brian also counsels clients on health care regulatory issues, including telemedicine laws, compliance with the federal Physician Payments Sunshine Act and analogous state laws, and trains marketing and sales forces on compliance with these laws.

Brian is also 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 nonprofit 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 worked for Accenture, a management and technology consulting firm. There, he was a project manager and provided consulting services to several large asset management firms.

During law school, he co-chaired the Grimes Moot Court Competition and was a member of the Frederick Douglass Moot Court team.


• Mintz Levin Attorney Brian P. Dunphy to Present at Association of Clinical Research Professionals Spring Mini-Symposium, (05.09.2013)

• Quoted inDocs Fear for Reputations under Final Sunshine Rule,Law360 (02.07.2013)

• Mintz Levin Attorney Brian Dunphy Selected to Participate in Boston Bar Association's Public Leadership Program, (10.12.2010)

Recognitions & Awards

• Boston Bar Association Public Interest Leadership Program (2010 - 2011)


Co-author,Mintz Levin Health Care Qui Tam Update,Recent Developments & Unsealed False Claims Act (FCA) Cases (05.22.2014)

• Co-author,Keeping Legal Advice In-House: Protecting the Attorney Client Privilege,G2 Compliance Advisor (05.2014)

• Co-author,Mintz Levin Health Care Qui Tam Update,Recent Developments & Unsealed False Claims Act Cases (01.2014)

• Co-author,Mintz Levin Health Care Qui Tam Update,Recent Developments & Unsealed Cases (10.2013)

• Co-author,Updated Self-Disclosure Protocol Clarifies Disclosure Process and Obligations,Health Law Advisory (04.22.2013)

• Co-author,CMS Publishes Final Sunshine Act Rule Creating New Regulatory Landscape for Physician-Manufacturer Interactions,BNA's Health Care Fraud Report (03.06.2013)

• CMS Publishes Final Sunshine Act Rule; Data Collection to Begin on August 1, 2013,Health Law Alert (02.04.2013)

• Sunshine Act Rule Reference Chart,Health Law Alert (02.04.2013)

• Co-author,Health Care Enforcement: 2012 Trends - Part IV,Health Care Enforcement Defense Advisory (05.08.2012)

• Co-author,Health Care Enforcement: 2012 Trends - Part III,Health Care Enforcement Defense Advisory (04.13.2012)

• Co-author,HHS Issues Report to Congress on the Self-Referential Disclosure Protocol,BNA's Health Care Fraud Report (04.04.2012)

• Co-author,Health Care Enforcement: 2012 Trends - Part II,Health Care Enforcement Defense Advisory (03.20.2012)

• Co-author,Health Care Enforcement: 2012 Trends - Part I,Health Care Enforcement Defense Advisory (01.31.2012)

• Co-author,Proposed Physician Payment Sunshine Act Regulations Leave Many in the Dark,BNA's Health Care Fraud Report (01.25.2012)

• Co-author,Delicate Balance: Waiver of Fraud and Abuse Laws and Implementation of Program Integrity Requirements for the Medicare Shared Savings Program,BNA's Health Care Fraud Report (11.30.2011)

• Co-author,Will the Supreme Court Weigh In? Implied Certification Theory Under The False Claims Act,Health Care Enforcement Defense Advisory (10.17.2011)

• Co-author,Seventh Circuit Upholds Conviction of a Physician for a Violation of the Anti-Kickback Statute,Health Care Enforcement Defense Advisory (06.09.2011)

• Co-author,ACO Fraud & Abuse Provisions,Health Care Reform Advisory (05.06.2011)

• Co-author,CMS Implements Self-Referral Disclosure Protocol Process to Self-Disclose Stark Law Violations,Health Care Reform Alert (09.27.2010)

• Co-author,Fraud and Abuse Enforcement: Big Recoveries in 2009; Big Plans for 2010,Health Care Enforcement Defense Alert (05.17.2010)

• Co-author,Risky Business: Health Care Reform's Fraud-Fighting Provisions Increase the Potential for Liability for All in the Health Care Industry,BNA Health Care Fraud Report (04.07.2010)

• Co-author,Massachusetts Department of Public Health Issues Guidance Document IV To Clarify the Pharmaceutical and Medical Device Manufacturers Code of Conduct,Health Law Alert (03.04.2010)

• Co-author,SEC Enforcement Actions and Potential Civil Liability for Failures to Make Timely Filings,ABA Securities Litigation Journal (2010)

• Co-author,Solidarity in a Sea of Dissent: Consistencies Between the House and Senate Bills' Provisions Targeting Fraud and Abuse,Health Care Reform Advisory (12.28.2009)

• Author,Review of the Massachusetts Marketing Code of Conduct for Pharmaceutical and Medical Device Manufacturers,Health Law Advisory (04.13.2009)

• Co-author,Gainsharing Arrangements: A Review of the Governing Law and CMS's Proposed New Stark Exception,HFMA Massachusetts-Rhode Island Chapter, Mass Media (Volume XXXVI Issue 2) (01.01.2009)

Speaking Engagements

Speaker,2013 Annual Health Law Conference, Massachusetts Bar Association, Boston, MA (06.25.2013)

• Speaker,Final Sunshine Act Rule Creates a New Regulatory Landscape for Physician-Manufacturer Interactions,2013 Spring Mini-Symposium, New England Chapter of the Association of Clinical Research Professionals (ACRP), Boston, MA (05.10.2013)

Reported CasesRepresentative Matters: Brian has represented: Laboratories and pharmacies in both government investigations of possible false claims and in litigating claims brought under federal and state false claims acts; Health care providers, biotech and life sciences companies, and private equity funds (and their portfolio companies) in complex business disputes; Nursing homes in state civil and criminal investigations and criminal cases; Health care providers in internal investigations and self-disclosures to the US Department of Health and Human Services, Office of Inspector General (OIG); Health care providers in exclusion matters before the OIG; A hospital's residency program in an administrative appeal before the Accreditation Council for Graduate Medical Education (ACGME) and the ACGME's Residency Review Committee (RRC); Investment advisors, corporations, and officers in SEC investigations and enforcement proceedings

Documents by this lawyer on

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Another Court Weighs in on Rule 9(b)’s Requirements Under the False Claims Act
Thomas S. Crane,Brian P. Dunphy,Laurence J. Freedman, August 28, 2014
A federal district court recently dismissed a qui tam relator’s complaint in a declined case against the Hospital for Special Surgery (“Hospital”), its former CEO, and an outside billing company alleging that they violated the federal False Claims Act (FCA) and the New York FCA...

Acute Care Hospitals Settle FCA Lawsuits for $98 Million
Brian P. Dunphy, August 22, 2014
Community Health Systems, Inc. (CHS) and Community Health Systems Professional Services Corporation, together a national owner and operator of acute care hospitals, and 119 of their hospitals, agreed to pay $98 million to settle seven False Claims Act (FCA) lawsuits filed by qui tam relators around...

CMS Temporarily Closes the Open Payments System
Brian P. Dunphy, August 21, 2014
Open Payments is the website through which pharmaceutical and medical device manufacturers (“Manufacturers”) report payments and transfers of value to physicians and teaching hospitals, as required by the Sunshine Act. The Open Payments system has encountered data issues and has been...

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Office Information

Brian P. Dunphy

BostonMA 02111


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