Brian P. Morrissey
BRIAN MORRISSEY focuses his practice on representing clients in government-facing litigation and appeals addressing complex questions of constitutional, statutory and administrative law. Brian has represented clients at every level of the federal court system, including the United States Supreme Court, in state trial and appellate courts, and in administrative agencies. At the federal level, he has experience in matters involving the United States Departments of Justice, Agriculture, and Housing and Urban Development, as well as the Securities and Exchange Commission, the Federal Energy Regulatory Commission, and the Centers for Medicare & Medicaid Services. At the state level, Brian has significant experience in matters involving insurance departments and unclaimed property regulators.
In addition to government-facing litigation, Brian regularly represents clients in commercial disputes, including litigation and arbitration matters involving bankruptcy, false advertising, trade secrets, patent law and unfair competition.
A sample of Brian’s recent representations include the following:
- Successfully defended international food producer at trial against allegations of breaches of the Packers & Stockyards Act.
- Successfully represented leading life insurers in a challenge to the retroactive enforcement of a state insurance law impacting insurers’ escheat, claims-investigation, and beneficiary-search obligations.
- Represented international pharmaceutical manufacturer in achieving a favorable settlement of a False Claims Act case involving allegations of off-label promotion and kickbacks.
Brian was named to the inaugural edition of Benchmark Litigation’s Under 40 Hot List in 2016. In 2012, Forbes magazine recognized Brian on its “30 Under 30” list of difference-makers in the fields of “Law and Policy.”
Prior to joining the firm, Brian served as a law clerk to the Honorable Clarence Thomas, Associate Justice of the Supreme Court of the United States, and to the Honorable Diarmuid F. O’Scannlain, Judge on the United States Court of Appeals for the Ninth Circuit. He earned his law degree, magna cum laude, from the University of Notre Dame Law School, where he served as editor-in-chief of the Notre Dame Law Review.
- Kenneth W. Irvin and Brian Morrissey, “States Fighting Feds In Turf War Over Energy Regulation,” Forbes (May 10, 2016).
- Kristin Graham Koehler and Brian Morrissey, “Circuit Court Affirms High Pleading Standard for ‘Induced’ False Claims Qui Tam Actions,” Washington Legal Foundation (January 2014).
- Kristin Graham Koehler and Brian Morrissey, “The View From The Front Lines: Litigation Under The False Claims Act in a New Era Of Enforcement,” Washington Legal Foundation Legal Studies Monograph (March 2013).
- Kristin Graham Koehler and Brian Morrissey, “Developing Solid Compliance Programs for Retailers: Challenges and Benefits,” Daily Report for Executives (2012).
- Noted Contributor, Mark Hopson and Kristin Graham Koehler, “As Insider Trading Enforcement Surges, The Scope Of Fiduciary Duties Comes Into Focus,” Benchmark Litigation (2012).
- Noted Contributor, Mark Hopson and Kristin Graham Koehler, “Financial Institutions Face New Challenges Under False Claims Act,” BNA Banking Report (2011).