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Brian J. Boyle

Brian J. Boyle

Partner
Deputy Chair, US Antitrust & Competition
Exemplary legal skill, sound judgment, and carefully navigated myriad obstacles.
— Commendation letter from U.S. Magistrate Judge
PhiladelphiaWashington, DC
About

Brian Boyle represents litigants and dealmakers in antitrust, competition, and consumer protection matters. A trial lawyer and trusted business advisor, he defends clients in investigations by the Federal Trade Commission (FTC), Department of Justice (DOJ) and state attorneys general, represents businesses as plaintiffs and defendants in antitrust litigation, and guides mergers and acquisitions (M&A) through global antitrust merger control processes.

Brian has deep experience in federal courts across the country in matters alleging claims such as price fixing, federal and state consumer protection violations, unfair or deceptive trade practices, unfair competition, fraud and racketeering. Brian's experience before the FTC, DOJ and state attorneys general includes merger, cartel, and pricing conduct antitrust investigations, as well as a variety of consumer protection investigations. He also has significant experience representing executives before legislative committees.

Brian is skilled at guiding clients through mergers and acquisitions, joint ventures and competitor collaborations involving antitrust challenges. He combines his antitrust acumen with his finance and corporate development background to deliver unique and creative solutions. His experience ranges from multi-billion-dollar public market M&A to affiliations of non-profit hospital systems.

Brian previously served as an advisor to the Pennsylvania Attorney General. He has held leadership positions in the American Bar Association (ABA) Antitrust Section, and regularly speaks and writes on antitrust issues, including serving as an editor of the ABA's authoritative Antitrust Law Developments treatise.

Areas of FocusAntitrust and CompetitionLitigation, Arbitration and InvestigationsMergers and AcquisitionsFTC Consumer ProtectionHealthcare AntitrustState Attorneys General
Bar admissionsDistrict of ColumbiaNew JerseyPennsylvania
CourtsUnited States District Court for the Eastern District of PennsylvaniaUnited States District Court for the Middle District of PennsylvaniaUnited States Court of Appeals for the Ninth CircuitUnited States District Court for the District of New JerseyUnited States Court of Appeals for the Eleventh Circuit

EXPERIENCE

Litigation
  • Successfully sued the Federal Trade Commission and Lina Khan on behalf of MGM Resorts International to challenge unconstitutional practices related to an FTC investigation. Obtained withdrawal of the FTC's civil investigative demand, dismissal of its enforcement action, and closure of its investigation
  • Obtained a defense verdict at trial on behalf of a global consumer products manufacturer in litigation alleging breach of a federal consent order and two related contracts. The jury also awarded our client damages on its counterclaims
  • Obtained dismissal on behalf of one of the nation's leading property management companies in In re: RealPage Rental Software Antitrust Litigation (M.D. Tenn.), a groundbreaking case concerning the intersection of artificial intelligence pricing tools and the antitrust laws
  • Obtained dismissal of all claims against a healthcare staffing solutions company in litigation alleging violations of the Sherman Antitrust Act and the False Claims Act based on purported irregularities in the submission of proposals for government contracts
  • Successful plaintiff-side representation of a multinational medical device manufacturer in antitrust litigation against a medical device distributor in the US District Court for the Northern District of Georgia
  • Obtained dismissal on behalf of an industrial products manufacturer in antitrust litigation in the US District Court for the Northern District of California involving alleged price fixing in the drywall market
  • Obtained an order striking class allegation on behalf of a multinational digital media company in a putative class action alleging violations of federal consumer protection law and the Illinois Consumer Fraud and Deceptive Business Practices Act
  • Secured an order striking plaintiff's claims for US$100 million in alleged damages in a federal civil action after uncovering evidence during deposition testimony that plaintiff hid significant electronic evidence and made numerous misrepresentations to the court
  • Represented a financial services company as a plaintiff in a lawsuit against another financial services firm alleging claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and the Racketeer Influenced and Corrupt Organizations (RICO) Act
  • Won summary judgment on behalf of a leading originator of government-backed mortgages in a False Claims Act case with US$860 million in alleged damages involving allegations that the company violated federal consumer protection regulations
  • Defeated class certification on behalf of a national consumer lending company in a putative class action in the US District Court for the Western District of Washington in a case alleging violations of consumer protection law
Investigations
  • Defended a Fortune 500 company that was alleged to be the hub of a multinational hub-and-spoke price-fixing conspiracy in a DOJ Antitrust Division investigation. Successfully resolved the matter with no enforcement against our client
  • Defended a major hospital system in concurrent merger investigations by the FTC and a state attorney general
  • Defended a leading medical device company in a global consumer protection investigation involving the FTC, civil and criminal divisions of the DOJ, and other agencies, including cooperation with relevant authorities and an extensive internal investigation involving numerous jurisdictions globally
  • Represented a multinational consumer products company in an FTC merger investigation
  • Represented a government contractor accused of bid rigging and related offenses in connection with a federal construction contract. Achieved favorable negotiated resolution
  • Represented a global consumer products company in an FTC Anticompetitive Practices Division investigation concerning alleged price signaling. Successfully resolved the matter with no enforcement against our client
  • Represented multinational energy company in a consumer protection investigation by the Pennsylvania Office of Attorney General. Successfully resolved the matter with no enforcement against our client and avoiding entry of an Assurance of Voluntary Compliance (AVC)
  • Represented a US consumer products manufacturer in an FTC Bureau of Consumer Protection investigation related to alleged "Made in USA" claims
  • Represented the founder and CEO of a credit monitoring company in an FTC investigation related to alleged consumer protection violations and fraud
  • Represented an Asia-based global e-gaming company in an FTC investigation of potential violations of the Children's Online Privacy Protection Act (COPPA)
  • Represented a leading financial services company in overlapping investigations by the attorneys general of Minnesota, Washington and Florida, as well as related class action litigation, alleging consumer protection violations and fraud related to advertising, telemarketing and direct mail marketing practices
  • Represented a leading national healthcare provider in multiple committee investigations and related matters before the Pennsylvania Legislature
  • Represented a globally known celebrity as well as their associated businesses in multiple investigations related to influencer marketing practices alleged to violate the FTC Endorsement Guides
Education

  • J.D., Villanova University School of Law
    Editor-in-Chief, Villanova Law Review

  • M.B.A., Villanova University
  • B.A., Political Science, Loyola University – Maryland

Awards

The Legal 500 United States

  • Recommended, Civil Litigation/Class Actions: Defense, (2024)
Additional Recognitions
  • Recipient, Professional Excellence Award: Lawyer on the Fast Track, Legal Intelligencer, (2023)
  • Named, "Young Lawyer on the Rise," "Millennial to Watch in Law," Philadelphia Business Journal, (2017)

For more information, pursuant to New Jersey Lawyer Advertising guidance, please click here.

Publications

  • "3 Factors Affecting Retail M&A Deals In 2025," Law360, January 7, 2025
  • "DOJ suffers another defeat in a no-poach antitrust prosecution," DLA Piper Client Alert, May 5, 2023 
  • "Supreme Court opens door to challenging FTC and SEC in district court,” DLA Piper Client Alert, April 20, 2023 
  • "FTC warns nearly 700 advertisers of health products," DLA Piper Client Alert, April 18, 2023
  • "DOJ withdraws long-standing healthcare antitrust enforcement policy statements," DLA Piper Client Alert, February 10, 2023
  • "FTC proposes ban on non-competes," DLA Piper Client Alert, January 10, 2023
  • "In brief: antitrust and consumer protection update," DLA Piper Client Alert, October 4, 2022
  • "DOJ Antitrust Division updates Leniency Program," DLA Piper Client Alert, 05 April 2022
  • "FTC announces annual revisions to HSR Act thresholds," DLA Piper Client Alert, January 25, 2022
  • "A Potential Shift in Antitrust Deferred Prosecution Agreements," Law360, July 2021
  • "'Negative Options' in Consumer Subscriptions Are Risky," Bloomberg Law, May 2021
  • "5 Antitrust Trends to Watch In 2019," Law360, January 1, 2019
  • "Maximizing the Success Of 'Minimum Advertised Price' Policy," Law360, April 11, 2018

Seminars

  • "Antitrust Hot Topics 2020"
  • "Antitrust Hot Topics for Technology Companies"
  • "Enhancing Social Media Policies in the Work Place: Complying with FTC Disclosure Rules"

Media Mentions

Memberships

  • Member, Board of Advisors, Villanova Law Alumni Association
  • Former President, Young Alumni Chapter, Villanova Law Alumni Association, (2016 – 2017)
Civic and Charitable Memberships
  • Fellow, American Bar Association
  • Member, The Pennsylvania Society

My latest insights

Publication

FTC pauses “click-to-cancel” rule until July 14

12 May 2025 .1 minute read

Publication

FTC "click-to-cancel" rule to take effect May 14

9 May 2025 .3 minute read

Past event

Who’s responsible when algorithms fail? Navigating AI ownership & liability

18 March 2025 .1 minute read

View All

Connect

Phone

+1 215 656 2450
(Work, Philadelphia)
+1 202 799 4000
(Work, Washington, DC)
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