Morgan Lewis

Brian M. Ercole

Partner

When clients face consumer-based class actions and complex litigation, Brian M. Ercole assists them through every phase. He regularly defends healthcare companies, pharmaceutical companies, food manufacturers, banks, retailers, and companies in the mortgage industry against putative class actions involving an array of claims. Brian guides clients through state and federal courts across the United States in matters involving civil RICO, TILA, breach of contract, fraud, and statutory unfair trade practices claims.

Extended Profile

Brian works with clients throughout the life of a dispute, including petitions before the Judicial Panel on Multidistrict Litigation, class settlement approval hearings, and appeals.

Before joining Morgan Lewis, Brian clerked for Judge Legrome D. Davis of the US District Court for the Eastern District of Pennsylvania and Judge Jerome A. Holmes of the US Court of Appeals for the Tenth Circuit.

selected representations

  • Defeated class certification on behalf of a U.S. healthcare insurer in high-value putative class action involving breach of contract claims
  • Represented a multinational pharmaceutical company in the dismissal of a putative U.S.-wide class action involving statutory consumer fraud and RICO claims based upon allegations of deceptive and fraudulent marketing
  • Represented a U.S. bank in dismissal of putative class action involving mortgage-related claims brought by borrowers
  • Represented multinational food company in putative U.S.-wide class action involving allegations of false and misleading labeling 
  • Coordinated the defense for a U.S. bank in putative U.S.-wide class actions involving lender-placed insurance that were pending in federal courts throughout the United States
  • Represented a U.S. bank in obtaining final approval of a favorable U.S.-wide class settlement involving breach of contract and statutory consumer fraud claims
  • Represented a medical device manufacturer on appeal in obtaining the reversal of the largest compensatory damages verdict in Pennsylvania state court in 2010
  • Represented companies in defeating multidistrict litigation petitions before the Judicial Panel on Multidistrict Litigation
  • Defending a U.S. bank in False Claims Act litigation and putative class actions involving mortgage securitization claims in federal courts throughout the United States
  • Defending a multinational pharmaceutical company in multiple putative U.S.-wide class actions involving consumer fraud and RICO claims in Eastern District of Pennsylvania
  • Coordinating the defense of a company involved in the mortgage industry against putative class actions throughout the United States  

Education

  • Temple University, Beasley School of Law, 2003, J.D., Cum Laude
  • University of Delaware, 2000, B.A., Summa Cum Laude

Admissions

  • Florida
  • New Jersey
  • Pennsylvania
  • U.S. Court of Appeals for the Tenth Circuit

Clerkships

  • Clerkship to Judge Jerome Holmes of the US Court of Appeals for the Tenth Circuit

Awards and Affiliations

Recommended, Dispute resolution: Product liability, mass tort and class actions: automotive/transport - defense, The Legal 500 US (2019) 

Recommended, Dispute resolution: Product liability, mass tort and class action: automotive/transport, The Legal 500 US (2018)

Recipient, Daily Business Review ’s Young Lawyers on the Rise (2017)

Publications

4/5/2018 - DC Circuit’s ACA v. FCC Decision: Implications for Calling and Texting

1/12/2018 - Applying BMS To Federal Class Actions: Due Process Matters, Law360

9/18/2017 - Hurricane Irma Client Alert: Addressing Environmental Releases and Obligations

9/1/2017 - Making Sense Of 9th Circ. Spokeo Decision On Remand, Law360

7/11/2017 - Christmas in July for Plaintiffs Bar—CFPB Arbitration Rule to Take Effect, All Things FinReg

5/15/2017 - The Meaning Of Spokeo, 365 Days And 430 Decisions Later, Law360

12/5/2016 - Spokeo 6 Months Later: An Undeniably Dramatic Impact, Law360

News

3/14/2017 - Morgan Lewis Partner Recognized by Daily Business Review Professional Excellence Awards

10/14/2016 - Body Armor Maker Didn't Have To Protest Bid, Judge Says, Law360

6/16/2016 - Morgan Lewis Elects 33 New Partners

1/2/2014 - Pa. Court Voids $28M Verdict Against Zimmer, Marketing Co. Law360

Events

11/6/2018 - Morgan Lewis 2018 Class Action Roundtable

10/17/2018 - Class Action Litigation from the Automotive Perspective

3/20/2018 - 14th Annual Retail and Ecommerce Roundtables

10/11/2017 - RILA’s Retail Law Conference 2017