Brian M. Ercole

Brian focuses his practice on nationwide class actions and large-scale multidistrict litigation (MDL) proceedings that challenge a company’s core business model, service, or product. He handles every stage of such high-stakes litigation, including MDL petitions, class certification hearings, class trials, and appeals. Brian recently tried a certified class action to a successful jury verdict in favor of an automobile manufacturer, and he has successfully argued and won appeals in class litigation posing an existential threat to a company’s business. Brian not only serves as national litigation counsel for clients in courts across the country, but also regularly counsels clients on consumer-related compliance issues outside of the litigation context.

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

• Served as national counsel for an opioid manufacturer in federal MDL proceedings and state court proceedings across the country brought by state attorneys general, municipalities, hospitals, and payors asserting public nuisance, consumer protection, RICO, and other claims based on alleged false marketing of prescription medicines
• Obtained a total defense jury verdict for an automobile manufacturer in a class action trial asserting consumer protection claims on behalf of a certified class based on an alleged vehicle defect
• Served as national counsel for an automobile manufacturer in multiple putative class actions seeking economic damages and asserting breach of warranty, false marketing, consumer protection, and RICO claims based on an alleged vehicle defect 
• Served as counsel for an automobile manufacturer in a putative class action based on alleged privacy violations and false marketing regarding a vehicle’s autopilot system
• Served as national counsel for a managed care company in more than 20 nationwide putative class actions asserting negligence, unjust enrichement, and consumer protection claims based on an alleged data security incident
• Represented a bulletproof-vest manufacturer in the successful denial of class certification and dismissal of consumer protection and breach of warranty claims in multiple class actions seeking economic damages over an alleged product defect and posing an existential threat to the company’s business
• Briefed and argued an appeal in the US Court of Appeals for the Eleventh Circuit affirming denial of class certification and dismissal of product defect claims against a bulletproof-vest manufacturer
• Defeated class certification in a putative class action asserting breach of warranty and consumer protection claims against a car manufacturer based on an alleged defect in dozens of vehicle models
• Secured dismissal of a RICO class action against a financial services company based on an alleged Ponzi scheme perpetrated by a former employee
• Represented numerous retail companies against putative class actions brought under the Telephone Consumer Protection Act and state analogues
• Representing an international technology company in a multistate putative class action asserting statutory consumer protection, breach of warranty, fraud, and negligent misrepresentation claims seeking economic damages based on an alleged defect in laptop batteries and false marketing 
• Secured dismissal of numerous putative class actions against an internet technology company alleging false marketing and unfair competition claims
• Secured settlement of a nationwide class action against a technology company based on alleged privacy violations
• Defeated an MDL petition to join putative class actions against a bank involving consumer protection claims with other putative nationwide class actions and brokered and obtained final approval of a favorable, first-of-its-kind nationwide class settlement
• Achieved voluntary dismissal of a company operating Florida hotels in a putative class action asserting statutory consumer protection claims for alleged false and misleading advertising
• Defeated certification of unjust enrichment and consumer protection claims against a pharmaceutical manufacturer based on alleged false marketing
• Secured a favorable individual settlement for a manufacturer in a putative class action based on alleged false labeling of a vitamin supplement under consumer protection statutes
• Representing a trade group as amicus in support of a Rule 23(f) appeal challenging the certification of multistate class actions in a product defect and false marketing lawsuit against a product manufacturer