- Health Care Enforcement Defense
- Fraud & Abuse, Compliance & Regulatory Counseling
- Life Sciences
- State & Federal Agencies
- Health Law
- Health Care
|Contact Info||Telephone: 617.348.1810|
Internet: Each Attorney's Internet Address takes the following form: first initial, last name @mintz.com (e.g., email@example.com)
|University ||Boston College, B.A.|
|Law School||Boston College, J.D.|
Professional & Community Involvement
•Member, Boston Bar Association
•Member, Massachusetts Bar Association
•Member, American Bar Association
•Member, American Health Lawyers Association
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
• 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 )
Awards & Recognitions
•Boston Bar Association Public Interest Leadership Program (2010 - 2011)
• 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 Cases||Representative 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 Martindale.com
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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