Brian Boyle has spent much of his career counseling many of the nation’s largest retirement and health plan service providers with respect to their investment offerings and service arrangements, and defending them against fiduciary breach claims and other alleged violations of ERISA. In addition, he has represented numerous employers in ERISA litigation challenging the administration of their retirement plans, including participant-directed defined contribution plans. Brian’s clients draw on his detailed knowledge of the business models of financial service providers and his decades of experience handling high-stakes disputes. Brian holds a Chambers Nationwide Band One ranking for handling ERISA litigation.
Brian is a member of the firm’s Financial Services Practice and Health Care and Life Sciences Practice.
- Successfully defended an outsourced chief investment officer (“OCIO”) at trial on class claims that the OCIO breached fiduciary duties in selecting proprietary investment options for the client plan.
Investment and Retirement Plan Services
- Represented a mutual fund complex in nationwide ERISA class action litigation challenging procedures for distributing "float" earnings on retirement plan contributions and redemptions
Health Plan Services
- Represented a health insurer in multiple nationwide ERISA class action challenging the procedures used for recovery of claim overpayments
Consumer Financial Services
- Obtained a dismissal of claims brought by municipalities against subprime mortgage lenders and servicers for the economic consequences of foreclosure
Other Representations
- Obtained partial denial of certification, and elimination of portion of class period, in securities class action litigation against a large government-sponsored enterprise over the withdrawal of the enterprise's financial statements
Admissions
Bar Admissions
- District of Columbia, California
Court Admissions
- US Supreme Court
Education
- Harvard University, J.D., 1986: magna cum laude; editor, Harvard Law Review
- Georgetown University, A.B., 1982: summa cum laude
Honors & Awards
- Recognized by Best Lawyers in America for Lawyer of the Year and Litigation - ERISA in Washington, DC (2020-2025)
- Named a “Litigation Star” by Benchmark Litigation for Insurance, Product Liability and Recall, Commercial, Energy, Foreign Corrupt Practice Act (FCPA) (2024-2025)
- Ranked Band One Nationwide by Chambers USA for ERISA Litigation (2022-2024 and prior years)
- Ranked in the “Hall of Fame” for ERISA Litigation; Recommended for Healthcare and Financial Services Litigation by The Legal 500 US
Professional Activities
Clerkships
- Honorable Antonin Scalia, US Supreme Court
Member
- American Bar Association
Corporate & Government Experience
Former Assistant to the General Counsel
- Office of the Secretary of the Army (1986-1991)
Former Principal Deputy Associate Attorney General
- US Department of Justice (2003-2005); recipient of the Edmund J. Randolph Award for Outstanding Justice Department Service (April 2005)