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 class actions, “mass” actions and multidistrict litigation proceedings. He handles cutting-edge matters involving the Patient Protection and Affordable Care Act (PPACA) and constitutional challenges to state unfair trade practice claims. 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, Lanham Act, and breach of contract claims in a number of different jurisdictions. Brian has a strong track record of success in these matters, and courts regularly cite significant consumer fraud decisions he has earned for his clients.
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 their important business disputes. On the plaintiff side, Brian has secured seven- and eight-figure trial verdicts for clients; on the defense side, he has successfully resolved nationwide class actions and other “bet the company” litigation through vigorous defense efforts and/or creative approaches to settlement.
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
Complete trial victory on behalf of reflective insulation manufacturer against former U.S. exclusive distributor for breach of contract, willful trademark infringement and fraud. Covertech Fabricating, Inc. v. TVM Building Products, Inc. 2015 WL 4878505 (W.D. Pa. Aug. 4, 2015); 2015 WL 6743948 (W.D. Pa. Nov. 4, 2015).
Arbitration of post-closing dispute involving deferred payments owed under asset purchase agreement involving mining and quarry operations.
Trial victory on behalf of pre-engineered building manufactuer against product supplier for fraud and breach of contract. Lester Building Systems v. Louisiana-Pacific Corp., 2004 WL 2919989 (Minn. App. Feb. 17, 2004); Sandpiper Village Condominium Ass’n v. Louisiana-Pacific Corp., 428 F.3d 831 (9th Cir. 2005).
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. In the Matter of Colorado Energy Management LLC, et al. v. Lea Power Partners, 114 A.D.3d 561 (N.Y. App. Div. 2014).
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. Astra USA, Inc. v. Santa Clara County, California, 131 S.Ct. 1342 (2011).
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. Ironworkers Local Union 68, et al. v. AstraZeneca Pharmaceuticals, LP, et al., 634 F.3d 1352 (11th Cir. 2011); PEBTF v. AstraZeneca Pharmaceuticals, LP, 2009 WL 2231686 (M.D. Fla. 2009).
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 US 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., Magna Cum Laude
University of Pennsylvania, 1993, B.A., Cum Laude
U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania
U.S. District Court for the District of New Jersey
U.S. Courts of Appeals for the Third, Ninth, and Eleventh Circuits
U.S. Supreme Court
Awards and Affiliations
Listed, The Best Lawyers in America (2014–2016)
Named 2014 Pennsylvania Product Liability Department Of The Year by The Legal Intelligencer
Member, American Bar Association, Litigation Section