Brian J. Boyle

Partner
About

Brian Boyle litigates high-stakes, complex civil matters, with a focus on antitrust, trade practices, and consumer protection. He defends clients in investigations by the Federal Trade Commission (FTC), Department of Justice (DOJ) and state attorneys general. Brian also frequently advises clients on antitrust transactional and compliance issues, as well as FTC and state consumer protection compliance.

He has deep experience in federal and state courts across the country as lead and coordinating counsel. Brian’s experience before the FTC, DOJ and state enforcers includes both merger and non-merger antitrust investigations, as well as consumer protection investigations. Brian also has significant experience before legislative bodies, including representing executives providing committee testimony. 

Beyond his disputes practice, Brian advises clients on the antitrust and consumer protection aspects of corporate transactions, including due diligence, HSR merger control and integration-related matters. Clients also regularly turn to Brian to solve complex compliance challenges related to antitrust and consumer protection law, including developing new compliance programs from the ground up.

Brian serves on the ABA Antitrust Section Corporate Counselling Committee, and served as an editor of the ABA's authoritative Antitrust Law Developments treatise. Prior to practicing law, Brian worked in corporate strategy and institutional asset management for a Fortune 500 financial services company.

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

Investigations

  • Defended a major hospital system in concurrent high-profile investigations by the FTC and a state attorney general regarding the client's proposed merger.
  • Represented a Fortune 500 company in an FTC investigation of a proposed merger in the building materials market.
  • 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 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.
  • Represented a Fortune 500 retailer as a third party in a DOJ investigation and litigation to block the merger of two consumer products companies.
  • 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.

Litigation

  • Defended 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.
  • Defended a publicly traded healthcare services company in an antitrust and 0 Claims Act case brought by a competitor in the US District Court for the District of Columbia.
  • Obtained an order striking class allegations 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.
  • Uncovered through deposition testimony in federal civil litigation brought by a supplier that the plaintiff had hid significant electronic evidence and made numerous misrepresentations to the court. Achieved a sanctions order striking claims for US$100 million in alleged damages.
  • 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.
  • Represented a leading originator of government-backed mortgages in a 0 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 the Telephone Consumer Protection Act.

Mergers & Collaborations

  • Served as antitrust counsel to a Global 2000 pharmaceutical company in a joint venture with a Fortune 500 company for developing and commercializing novel medications.
  • Advised a Fortune 100 manufacturer and DTC retailer on an innovative strategic collaboration with another retailer, which involved novel antitrust issues related to retail transaction data, as well as co-led the negotiation of related agreements and protocols.
  • Achieved HSR merger clearance of multiple acquisitions of competitors by a leading global technology company.
  • Advised a special-purpose acquisition company (SPAC) on complex merger control matters related to an innovative transaction in the electric vehicle industry.
  • Advised an industrial materials company on its acquisition by a competitor in a highly concentrated market, successfully achieving HSR merger clearance. 
  • Represented a multinational renewable energy industry trade association with respect to antitrust information exchange and standard setting issues, including serving as a compliance monitor.
  • Advised a multinational healthcare trade association on antitrust issues related to the development of a data sharing and analysis program.

Compliance

  • Advised a Fortune 500 manufacturer on antitrust issues related to the development of a cutting-edge, cloud-based services platform, and developed a new antitrust compliance program for the business unit from the ground up.
  • Advised a global services and technology company on the development and implementation of a new marketing and consumer communications compliance program to resolve complex TCPA, CAN-SPAM Act and state consumer protection law issues. 
  • Represented a global consumer products company in FTC compliance matters related to the Magnuson–Moss Warranty Act.
  • Advised a global, Fortune 500 consumer products manufacturer on the implementation of its minimum advertised price (MAP) policy and its pricing and distribution policies.
  • Represented a Fortune 500 consumer products company in multiple advertising claim substantiation matters, including related to health and safety, as well as in endorsement matters related to traditional and online media advertising.
  • Represented a globally known celebrity, and associated businesses, in consumer protection matters related to establishment of a social media marketing program.
  • Represented a consumer services company in the development of a new compliance program related to automatic renewal, advertising and marketing (including TCPA and state law issues), and consumer disclosure issues.
  • Represented a consumer products manufacturer regarding “organic” claims.
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

  • Philadelphia Business Journal, "Young Lawyer on the Rise" and "Millennial to Watch in Law," 2017

Publications

  • "A Potential Shift in Antitrust Deferred Prosecution Agreements," Law360, July 2021
  • "'Negative Options' in Consumer Subscriptions Are Risky," Bloomberg, May 2021
  • Co-author, "5 Antitrust Trends To Watch In 2019," Law360, January 1, 2019
  • Co-author, "Maximizing The Success Of 'Minimum Advertised Price' Policy," Law360, April 11, 2018
  • Co-author, "Big Data May Become Big Antitrust Concern," Law360, September 18, 2017
  • Co-author, "The Growing Circuit Split Over FCA First-To-File Rule," Law360, August 4, 2017
  • Co-author, "'Frontier' Issues: Pay-For-Delay And Patent Holdup" Law360, March 29, 2017
  • Co-author, "TCPA Enforcement and Compliance," For The Defense Magazine, June 2015
  • Co-author, "Antitrust Health Care Trends to Watch in 2015," The Legal Intelligencer, February 17, 2015
  • Co-author, "Top Takeaways From DOJ/FTC Merger Enforcement Actions," The Legal Intelligencer, February 3, 2014

Seminars

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

Prior Experience

Prior to practicing law, Brian worked in corporate strategy and institutional asset management for a Fortune 500 financial services company.

Civic and Charitable

  • Committee member, Greater Philadelphia Chamber of Commerce
  • Member, The Pennsylvania Society

Memberships And Affiliations

  • YLR member, Corporate Counseling Committee, ABA Antitrust Section 
  • Advisory board member, ABA YLD Antitrust Law Committee
  • Board of advisors, Villanova Law Alumni Association
  • Former president, Villanova Law Alumni Association, young alumni chapter, 2016-2017

Connect

Phone

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