Brian Boyle, a partner in O’Melveny’s Washington, DC office, represents financial services companies--including banks, insurers, investment managers, mortgage servicers and health care payors--in class action and other litigation seeking to aggregate consumer and other economic injuries. Brian is Chair of the Firm’s Financial Services Practice and Co-Chair of the Firm’s Health Care and Life Sciences Practice. Brian also is active in the Firm’s Appellate Practice. He has been named by Legal 500
as a leading practitioner in the ERISA litigation and health care areas.
Illustrative Professional Experience
- Obtained dismissal of class action against retirement services providers in nationwide ERISA class action fiduciary litigation challenging the reasonableness of fee structures in thousands of separate 401(k) plan service arrangements.
- Represented directed trustee and mutual fund investment adviser in multiple separate ERISA actions seeking to impose fiduciary and non-fiduciary liability for allegedly excessive administrative and investment management fees, and allegedly substandard investment performance.
- Obtained, on appeal, a reversal of a trial court order certifying a class of 250 hospitals on claims that a managed care organization serving as a contractor to the military’s TRICARE management activity had underpaid claims for outpatient claims over a 10-year period.
- Obtained dismissal of nationwide ERISA class action claims over the administration of out-of-network health insurance benefits.
- Obtained dismissal of nationwide class action consumer fraud claims concerning an insurer’s marketing and administration of fixed indemnity health policies.
- Obtained dismissal of class action challenging health insurer’s assertion of subrogation and reimbursement rights against tort recoveries by plan beneficiaries.
- Represented plan sponsor in ERISA fiduciary litigation raising claims of imprudence, and prohibited transactions, in connection with the selection of mutual fund investment options.
- Obtained dismissal of claims brought by municipalities against subprime mortgage lenders and servicers for the economic consequences of foreclosure.
- Represented large mortgage lender in nationwide settlement of claims by state attorneys general over alleged consumer protection violations in the origination of subprime and pay-option mortgages.
- Obtained partial denial of certification, and elimination of portion of class period, in securities class action litigation against large government-sponsored enterprise over withdrawal of enterprise’s financial statements.
- Obtained dismissal, on jurisdiction and exhaustion grounds, of nationwide class action litigation against large Medicare Advantage contractor over alleged misclassification of Medicare Part B and Part D drugs.
- Obtained denial of class certification in nationwide class action challenging health insurers’ alleged operation of “silent PPO.”
- Served as lead counsel for a managed care company in a multi-defendant action alleging that managed care companies and full-service hospitals engaged in a group boycott of a new-entrant specialty hospital.
- Served as lead counsel for a large managed care company in In re Managed Care Litigation (MDL No. 1334; S.D. Fla.), encompassing a series of nationwide class actions on behalf of health plan subscribers and the physicians and other health care providers who serve them.
- Served as national coordinating counsel for a large, investor-owned hospital system in actions challenging pricing practices with respect to uninsured patients.
- Obtained summary judgment for a large managed care company in a statewide purported class action alleging a group boycott of the Medicare HMO program in California.
- Obtained a denial of class certification on behalf of a series of property and casualty carriers in a purported RICO class action involving alleged pricing irregularities in commercial insurance policies.
- Represented a property and casualty carrier in a purported nationwide class action involving alleged wrongful failure to pay policyholder dividends.
- Obtained a denial of class certification and awards of summary judgment for an automobile manufacturer in a variety of consumer class actions raising purported claims of fraud surrounding the design and sale of sport-utility vehicles.
- Represented an automobile manufacturer in a statewide certified class action involving alleged ignition system defects.
- Sustained removal to federal court, and obtained a judgment of dismissal on Medicare preemption grounds, on behalf of a health maintenance organization in a purported class action by members of failed independent practice associations seeking direct recoveries against insurers.
- Obtained a denial of class certification for an automobile manufacturer in purported nationwide and statewide class actions raising across-the-board claims of race discrimination in employment, and obtained summary judgment against the class in the sole action in which certification was granted.
Honorable Antonin Scalia, US Supreme Court; Honorable Laurence H. Silberman, US Court of Appeals, District of Columbia Circuit Admitted to Practice,
US Supreme Court; US Courts of Appeals, Second, Fourth, Fifth, Eighth, Ninth, Eleventh, and District of Columbia Circuits; US District Court, District of Columbia Former Assistant to the General Counsel,
Office of the Secretary of the Army (1986-1991) Former Principal Deputy Associate Attorney General,
US Department of Justice (2003-2005); Recipient of the Edmund J. Randolph Award for Outstanding Justice Department Service (April 2005) Member,
American Bar Association; American Health Lawyers Association; American Law Institute