Brian Boyle

Partner

Brian Boyle, a partner in O'Melveny's Washington, DC office, returned to the firm in April 2005 after serving as Principal Deputy Associate Attorney General in the U.S. Department of Justice between 2003 and early 2005. His practice focuses on consumer class action litigation, representing corporations in the insurance, health care, and financial services industries. Brian is Co-Chair of the firm's Health Care and Life Sciences Practice. Brian also is active in the firm's Appellate Practice.

Illustrative Professional Experience

• Obtained dismissal of class action against retirement services providers in ERISA class action fiduciary litigation challenging the reasonableness of 401(k) plan fee structures.
• 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.
• 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.
• Served as lead counsel for a Medicare Part D contractor in a nationwide purported class action alleging fraud and breach of contract in connection with the administration of federal prescription drug benefits, obtaining dismissal on grounds of federal preemption under the Medicare Modernization Act.
• 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.

Professional Activities

Law Clerk, Honorable Antonin Scalia, U.S. Supreme Court; Honorable Laurence H. Silberman, U.S. Court of Appeals, District of Columbia Circuit

Admitted to Practice, U.S. District Court, District of Columbia; U.S. Courts of Appeals, Second, Fourth, Fifth, Eighth, Ninth, Eleventh, and District of Columbia Circuits; U.S. Supreme Court

Former Assistant to the General Counsel, Office of the Secretary of the Army (1986-1991)

Former Principal Deputy Associate Attorney General, U.S. 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