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)
•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, 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)
•Eighty-Five Mintz Levin Attorneys Named 2014 Massachusetts Super Lawyers and Rising Stars, (10.17.2014)
• Mintz Levin Attorney Brian P. Dunphy to Present at Association of Clinical Research Professionals Spring Mini-Symposium, (05.09.2013)
• Quoted in Docs 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)
•Panelist, Practical Tips for Health Care and Life Sciences Companies to Protect the Attorney-Client Privilege, (12.16.2014)
• 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)