Brian W. Shaffer is a partner in Morgan Lewis's Litigation Practice, co-chair of the firm’s medical device litigation practice, and hiring partner for the Philadelphia office. Mr. Shaffer focuses his practice on the defense of claims brought by state attorneys general and private plaintiffs under state consumer protection statutes as well as complex commercial and construction disputes, multidistrict litigation proceedings, class actions, and “mass” actions. Mr. Shaffer has successfully defeated a number of state and nationwide class actions at the motion to dismiss and class certification stages.
Mr. Shaffer has tried cases in Pennsylvania, New York, Minnesota, and Colorado involving products liability, civil conspiracy, fraud, and breach of contract claims. In 2002, he and another Morgan Lewis partner tried a three-week jury trial in Minnesota state court involving breach of contract and fraud claims, which resulted in a $29.6 million jury verdict on behalf of his clients ($21 million affirmed on appeal). The verdict was listed by The National Law Journal as one of the Top 100 Verdicts of 2002. Mr. Shaffer has also served as lead counsel in representing clients in preliminary injunction proceedings in state and federal court.
Mr. Shaffer represents companies across a broad range of industries, including pharmaceutical, medical device, biotechnology, chemical, energy, petroleum, and building products. Mr. Shaffer recently served as lead counsel for a major pharmaceutical company in litigation involving the 340B drug discount program, which culminated in a unanimous (8–0) U.S. Supreme Court decision in his client's favor. He has also represented another leading pharmaceutical manufacturer in litigation across the United States brought by state attorneys general, pension funds, and private insurers. In these matters, he has secured landmark decisions resulting in the dismissal of RICO, Medicaid, and consumer fraud claims that have been widely cited by courts around the United States and in the legal press.
Mr. Shaffer joined the firm after receiving his J.D. from Georgetown University Law Center in 1996. He joined the partnership in 2003. He serves as hiring partner and chair of the Philadelphia office's Professional Recruiting Committee and the chair of the Community Service Committee, and he coordinates the firm’s partnership with the nonprofit City Year organization. His pro bono activities include the representation of persecuted individuals seeking asylum in the United States.
Mr. Shaffer is admitted to practice in Pennsylvania and New Jersey and before the U.S. District Courts for the Eastern and Middle Districts of Pennsylvania; the U.S. District Court for the District of New Jersey; the U.S. Courts of Appeals for the Third, Ninth, and Eleventh Circuits; and the U.S. Supreme Court.
