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

Brian P. Dunphy

Phone617.348.1810

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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 @mintz.com (e.g., rmintz@mintz.com)

http://www.mintz.com/professionals/detail/name/brian-p-dunphy
 
University Boston College, B.A.
 
Law SchoolBoston College, J.D.
 
Admitted2007, Massachusetts
 
Memberships 

Professional & Community Involvement
•Member, Boston Bar Association
•Member, Massachusetts Bar Association
•Member, American Bar Association
•Member, American Health Lawyers Association

 
Biography

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.

Newsroom
• 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)

Awards & Recognitions
•Boston Bar Association Public Interest Leadership Program (2010 - 2011)
Massachusetts Super Lawyers: Rising Star (2014)

Publications
•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
 
ISLN920979141
 

Documents by this lawyer on Martindale.com

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CME Payments Largely Remain Excluded From Sunshine Act Reporting
Brian P. Dunphy, November 14, 2014
The Centers for Medicare & Medicaid Services (“CMS”) has finalized changes to a number of reporting requirements under the regulations implementing the Physician Payments Sunshine Act (“Final Rule”). When CMS proposed several of these changes in July, my colleague...

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...

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Office Information

Brian P. Dunphy


BostonMA 02111




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