Brian Boyle


Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice. No attorney-client relationship will exist between you or your business and O’Melveny or any of its attorneys unless conflicts have been cleared, our management has given its approval, and an engagement letter has been signed. Meanwhile, you agree: we have no duty to advise you or provide you with legal assistance; you will not divulge any confidences or send any confidential or sensitive information to our attorneys (we are not in a position to keep it confidential and might be required to convey it to our clients); and, you may not use this contact to attempt to disqualify O’Melveny from representing other clients adverse to you or your business. By clicking "accept" you acknowledge receipt and agree to all of the terms of this paragraph and our Disclaimer.


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 is able to translate complex financial services products and services into concepts that courts can easily grasp.

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.


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

  • Recognized by Best Lawyers® (2020-2022) for Litigation - ERISA in Washington, DC; Brian has been listed in Best Lawyers® since 2020
  • Named a Local Litigation Star in Energy and Natural Resources, FCPA and Enforcement, General Commercial, Insurance, and Product Liability by Benchmark Litigation (2019-2020)
  • Recognized as “Band One” in ERISA Litigation, Chambers USA (2019-2021)
  • Ranked in the "Hall of Fame for ERISA Litigation; Recommended for Healthcare and Financial Services Litigation by The Legal 500 US


Bar Admissions

  • District of Columbia, California

Court Admissions

  • US Supreme Court
  • US Courts of Appeals, First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, and District of Columbia Circuits
  • US District Court, Central and Southern Districts of California, Colorado, District of Columbia, and Central District of Illinois


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

Professional Activities


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


  • 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
  • Obtained a denial of a class certification in a nationwide class action alleging nondisclosure of "death spiral" in closed book of individual health policies
  • Obtained dismissal of federal RICO claims against mortgage servicer arising out of default mortgage servicing practices

Investment and Retirement Plan Services

  • Represents a mutual fund complex in nationwide ERISA class action litigation challenging procedures for distributing "float" earnings on retirement plan contributions and redemptions
  • Represents a life insurer and its affiliates in nationwide ERISA class action litigation challenging fees collected on insurance separate account investment options
  • Represented a plan sponsor in ERISA fiduciary litigation raising claims of imprudence and prohibited transactions in connection with the selection of mutual fund investment options