Morgan Lewis

Related Publications

09/03/14 Pennsylvania Does Not Recognize Duty to Warn an Employee’s Spouse
District court predicts that Pennsylvania will not recognize a duty to protect or warn the spouse of an employee in “take home” or “household” asbestos exposure cases.
01/27/14 Five Takeaways from the Supreme Court’s AU Optronics Decision
Court’s decision provides key takeaways for class action defendants, including how the decision limits the use of CAFA’s mass action provision to suits that actually name 100 or more persons as plaintiffs.
12/09/13 Pennsylvania Supreme Court Rules on Workers’ Compensation Act Case
Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers.
View all publications
Photo of  Brian W. Shaffer

practice accolades

Class Actions

Named a Class Actions and Mass Torts 'Powerhouse' in BTI's Litigation Outlook 2014 report

honors + affiliations

Named 2014 Pennsylvania Product Liability Department Of The Year by The Legal Intelligencer

Listed, The Best Lawyers in America (2014)

Member, American Bar Association, Litigation Section

Member, Order of the Coif

bar admissions

  • Pennsylvania
  • New Jersey

Court Admissions

  • U.S. Supreme Court
  • U.S. Courts of Appeals for the Third, Ninth, and Eleventh Circuits
  • U.S. District Courts for the Eastern and Middle Districts of Pennsylvania
  • U.S. District Court for the District of New Jersey
print profile

Brian W. Shaffer
Partner


Email: bshaffer@morganlewis.com
Philadelphia
1701 Market St.
Philadelphia, PA 19103-2921
United States of America
Phone: +1.215.963.5103
Fax: +1.215.963.5001

Brian W. Shaffer is a partner in Morgan Lewis's Litigation Practice, co-chair of the firm’s medical device litigation practice, and hiring partner for the Philadelphia office. Mr. Shaffer focuses his practice on the defense of claims brought by state attorneys general and private plaintiffs under state consumer protection statutes as well as complex commercial and construction disputes, multidistrict litigation proceedings, class actions, and “mass” actions. Mr. Shaffer has successfully defeated a number of state and nationwide class actions at the motion to dismiss and class certification stages.

Mr. Shaffer has tried cases in Pennsylvania, New York, Minnesota, and Colorado involving products liability, civil conspiracy, fraud, and breach of contract claims. In 2002, he and another Morgan Lewis partner tried a three-week jury trial in Minnesota state court involving breach of contract and fraud claims, which resulted in a $29.6 million jury verdict on behalf of his clients ($21 million affirmed on appeal). The verdict was listed by The National Law Journal as one of the Top 100 Verdicts of 2002. Mr. Shaffer has also served as lead counsel in representing clients in preliminary injunction proceedings in state and federal court.

Mr. Shaffer represents companies across a broad range of industries, including pharmaceutical, medical device, biotechnology, chemical, energy, petroleum, and building products. Mr. Shaffer recently served as lead counsel for a major pharmaceutical company in litigation involving the 340B drug discount program, which culminated in a unanimous (8–0) U.S. Supreme Court decision in his client's favor. He has also represented another leading pharmaceutical manufacturer in litigation across the United States brought by state attorneys general, pension funds, and private insurers. In these matters, he has secured landmark decisions resulting in the dismissal of RICO, Medicaid, and consumer fraud claims that have been widely cited by courts around the United States and in the legal press.

Mr. Shaffer joined the firm after receiving his J.D. from Georgetown University Law Center in 1996. He joined the partnership in 2003. He serves as hiring partner and chair of the Philadelphia office's Professional Recruiting Committee and the chair of the Community Service Committee, and he coordinates the firm’s partnership with the nonprofit City Year organization. His pro bono activities include the representation of persecuted individuals seeking asylum in the United States.

Mr. Shaffer is admitted to practice in Pennsylvania and New Jersey and before the U.S. District Courts for the Eastern and Middle Districts of Pennsylvania; the U.S. District Court for the District of New Jersey; the U.S. Courts of Appeals for the Third, Ninth, and Eleventh Circuits; and the U.S. Supreme Court.

Selected Representations

Complex Commercial Litigation

  • Representation of a contract manufacturer of orthopedic implants in “bet the company” claims of fraud, breach of contract, and warranty allegations arising after reports of failures led to a worldwide recall of the company’s implants.
  • Representation of one of the world's leading specialty biopharmaceuticals companies in a breach of contract claim filed by a generic drug manufacturer.
  • Representation of an international manufacturing company in a dispute involving theft of trade secrets by a former employee.
  • Representation of a life sciences client in a matter involving misappropriation of trade secrets by a competitor.
  • Representation of a medical device company in a multimillion dollar commercial dispute involving material breaches of complex licensing and distribution agreements.
  • Representation of a Fortune 100 company in a complex series of indemnity claims and lawsuits arising from the construction of a $1 billion natural gas–fired, combined-cycle electric generating facility. 

Civil Fraud/Consumer Protection/False Claims Act

  • Representation of a major pharmaceutical company in class action litigation involving the U.S. government’s 340B drug discount program, including allegations of fraud and breach of government contract.
  • Representation of a leading multinational pharmaceutical manufacturer in False Claims Act and fraud litigation brought by plaintiffs, state attorneys general, pension funds, and private insurers.

Government Programs and Construction Projects Litigation

  • Representation of a management and operating agent of the U.S. Department of Energy/National Nuclear Security Agency in complex, multiparty contract disputes before the Civilian Board of Contract Appeals.
  • Representation of an owner and prime contractor in a large, multiparty dispute involving the Tennessee Valley Authority’s Cumberland Fossil Plant in Cumberland, Tennessee.
  • Representation of a contractor in a large, multiparty dispute involving a federal project in Canaan, Pennsylvania.
  • Representation of a U.S. construction management company in claims and disputes arising from a state prison project.
  • Representation of a major subcontractor in disputes arising from the construction of Lincoln Financial Field in Philadelphia.
  • Representation of a major subcontractor in claims arising from construction of Citizen's Bank Ballpark in Philadelphia.

Products Liability

  • Representation of a specialty chemical company with respect to claims alleging personal injuries resulting from welding, cutting tools, fluids, cleaners, and other industrial solvents.
  • Representation of multiple defendants with respect to asbestos-related personal injury cases around the United States.
  • Representation of a medical device company in personal injury lawsuits around the United States involving allegations of ventilator malfunction, product defects, and failure to warn.
  • Representation of a national chemical company in class action litigation involving personal injuries and medical monitoring claims related to alleged chemical exposures.
  • Representation of multinational companies with respect to workplace “mass actions” alleging exposure to harmful products.

education

  • Georgetown University Law Center, 1996, J.D.
  • University of Pennsylvania, 1993, B.A.