Brian Boone is a senior associate in the Litigation & Trial Practice Group. Brian has represented clients before the U.S. Supreme Court, federal appellate and trial courts, state courts, and arbitration panels in cases involving federal and state constitutional law, RICO, the antitrust laws, the False Claims Act, ERISA, class action and multidistrict litigation proceedings, managed care issues, the federal securities laws, and state professional liability laws.
Brian started private practice in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP, where he focused on appellate and complex commercial litigation. Before that, Brian served as a judicial clerk to the Honorable Karen J. Williams of the U.S. Court of Appeals for the Fourth Circuit. He graduated with high honors from Emory University School of Law, where they named him the Sol I. Golden Scholar and elected him to the Order of the Coif. Brian received his undergraduate degree, summa cum laude in political science and history, from King College.
Brian is admitted to practice in North Carolina, Georgia, and the District of Columbia and before the U.S. Supreme Court, the U.S. Courts of Appeals for the Fourth and Ninth Circuits, and the U.S. District Courts for the Eastern and Western Districts of North Carolina. The Fourth Circuit recently appointed him to a panel of appellate lawyers who represent indigent criminal defendants before the Court.
- Winning summary judgment for a Fortune 500 company in a high-profile preemption and First Amendment challenge to a New York City regulation. Brian wrote the briefs that convinced the federal court to strike down the regulation as preempted by federal law.
- Defending a Fortune 100 managed care company against multiple nationwide class actions involving claims under ERISA, RICO, and the Sherman Act. Brian wrote the briefs that convinced the Judicial Panel on Multidistrict Litigation to consolidate the putative nationwide class actions and was part of the team that authored the motion-to-dismiss and class-certification briefs in the MDL.
- Representing a GPO trade association as amicus curiae before the U.S. Supreme Court in an antitrust case challenging the legality of above-cost market-share and volume discounts. Brian drafted the association’s amicus brief.
- Representing a global automobile manufacturer in one of the largest multidistrict litigations in history. Brian was part of the briefing and strategy teams.
- Defending a municipal property tax against constitutional challenge before the U.S. Supreme Court. Brian drafted the city’s merits brief.
- Representing the U.S.’s largest satellite television provider in putative nationwide antitrust class actions challenging the National Hockey League’s and Major League Baseball’s systems for distributing telecasts of live games.
- First-chairing a preliminary injunction hearing in North Carolina federal court for the nation’s largest independent securities regulator. The court ruled in the regulator’s favor.
- Representing three former U.S. Attorneys General as amici curiae in a U.S. Supreme Court case addressing issues under the Foreign Sovereign Immunities Act.
- Defending a Big Four accounting firm in a high-stakes professional liability action stemming from the failure of three Florida insurance companies.
- Representing a bank in putative class litigation over checking-account overdraft fees.
- Obtaining a preliminary injunction in federal court for a Fortune 100 financial institution, stopping a rogue arbitration.
- Petitioning the U.S. Supreme Court in a novel case under the Hague Convention on International Child Abduction.
- Defending a federal officer against Bivens claims in the U.S. Court of Appeals for the Ninth Circuit.
January 15, 2013
“Will Bridge Lead to More RICO Fraud-Based Certifications?” New York Law Journal (May 18, 2009).
18 May 2009
“Hedge Funds in the Crosshairs: The Year in Review,” 41 Securities Regulation & Law Report 519 (BNA March 2009), featured by the Harvard Law School Forum on Corporate Governance and Financial Regulation.
1 March 2009