Brian Boyle

Partner

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Brian Boyle represents financial services companies, including banks, trust and mutual fund companies, health care payers, and health and life insurers, in connection with class or mass actions. Drawing on his detailed knowledge of the business models of financial services providers, and his significant experience working with experts in economics and finance, Brian explains complex financial services products and services in ways that courts and lay juries can understand.

Bringing creativity and sophistication to opposing class certification, Brian focuses his practice on high-stakes disputes under the ERISA statute. He represents the employer/sponsors of retirement plans, as well as product and service providers to such plans, when the plans’ fiduciary committees are alleged to have caused the plans to pay excessive fees, select poor-quality investments, or engage in “prohibited transactions.” On the welfare plan side, he also represents clients in actions for health benefits and in cases by health care providers who purport to have assignments of their patients’ litigation rights under ERISA.

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Corporate & Government Experience

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) 

Honors & Awards

  • ERISA Litigation and Health Care, Chambers USA
  • ERISA Litigation and Health Care, The Legal 500

Admissions

Bar Admissions

  • District of Columbia, California

Court Admissions

  • US Supreme Court
  • US Courts of Appeals, Second, Fourth, Fifth, Eighth, Ninth, Eleventh, and District of Columbia Circuits
  • US District Court, District of Columbia

Education

  • Harvard University, J.D., 1986: magna cum laude; editor, Harvard Law Review
  • Georgetown University, A.B., 1982: summa cum laude

Professional Activities

Clerkships

  • Honorable Antonin Scalia, US Supreme Court
  • Honorable Laurence H. Silberman, US Court of Appeals, District of Columbia Circuit 

Member

  • American Bar Association
  • American Health Lawyers Association
  • American Law Institute 
  • Represented a mutual fund complex in litigation challenging the presence of proprietary investment options in a 401(k) plan
  • Obtained dismissal of a 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 a 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 a dismissal of a nationwide provider class action challenging the administration of “pre-approval” requirements in health insurance policies
  • Obtained a denial of class certification and summary judgment on a named plaintiffs’ claims in a nationwide ERISA class action challenging the method for coordinating private health plan secondary payments with Medicare benefits
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