Commercial litigator Brian W. Shaffer regularly defends clients in claims brought by state attorneys general and private plaintiffs under state consumer protection statutes, and handles complex business disputes of all types. The co-chair of the firm’s medical device litigation practice, Brian also litigates multidistrict litigation proceedings, class actions, and “mass” actions. His clients include leading companies in the healthcare, pharmaceutical, medical device, energy, construction, and technology industries.
Brian has tried cases involving product liability, fraud, civil conspiracy, and breach of contract claims in a number of different jurisdictions. Brian often prevails in his class action and other matters, and courts regularly cite significant decisions Brian has earned for his clients in US Racketeer Influenced and Corrupt Organizations Act (RICO), consumer fraud, and Medicaid cases.
In one case, where Brian served as lead counsel for a major pharmaceutical company in litigation involving the 340B drug discount program, his client earned a unanimous (8–0) US Supreme Court decision. He also represents other top companies in multistate litigation initiated by state attorneys general, private insurers, and pension funds.
Brian is both the hiring partner and chair of the Community Service Committee for the Philadelphia office. He coordinates the firm’s partnership with the nonprofit AmeriCorps organization City Year. He also performs pro bono work on behalf of persecuted individuals seeking asylum in the United States.
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.
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.
Georgetown University Law Center, 1996, J.D.
University of Pennsylvania, 1993, B.A.
U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania
U.S. Courts of Appeals for the Third, Ninth, and Eleventh Circuits
U.S. Supreme Court
U.S. District Court for the District of New Jersey
Awards and Affiliations
Named 2014 Pennsylvania Product Liability Department Of The Year by The Legal Intelligencer
Listed, The Best Lawyers in America (2014–2016)
Member, American Bar Association, Litigation Section