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

Recognized, Commercial Litigation, Miami, The Best Lawyers in America (2022, 2023)

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)