Brian Kavanaugh

Healthcare Litigation and Arbitration

• Trial counsel for pharmaceutical manufacturer in ICDR arbitration, including proceedings relating to an application for emergency measures of protection, regarding supply disruption arising out of CGMP issues. Emergency measures were denied.
• Trial counsel for pharmaceutical manufacturer in a preliminary injunction proceeding and subsequent AAA arbitration regarding contract manufacturing for sterile injectable pharmaceutical products. Preliminary injunction was denied.
• National defense counsel for a large pharmaceutical company in dozens of False Claims Act and related actions brought in state and federal courts by state Attorneys General and the DOJ on behalf of state Medicaid programs and the federal government relating to AWP drug pricing.

ERISA & Managed Care Litigation and Arbitration

• Trial counsel for a large health insurer in trial involving a reimbursement dispute with a provider. A complete defense verdict on all claims and counterclaims.
• Trial counsel in AAA arbitration between a healthcare services provider and a major insurance company. Secured a complete defense award.
• Lead counsel for Medicaid managed care organization in class action relating to provision of private duty nursing services. Obtained dismissal.
• Lead counsel for health insurer in multiple ERISA and MHPAEA class actions relating to behavioral and substance abuse health coverage. Dismissed.
• Lead counsel for health insurance company in various putative class actions asserting antitrust claims arising out of the use of third-party pricing services.
• Lead counsel for Medicaid managed care organization in class action relating prior authorization and grievance/appeal process.
• Lead counsel for health insurer in a ERISA class action relating to behavioral health coverage. Obtaining dismissal.
• Lead counsel for health insurer in a class action relating to air ambulance coverage. Obtained summary judgment; affirmed on appeal.
• Lead counsel for health insurer in a class action relating to proton beam therapy coverage. Obtained complete dismissal; affirmed on appeal.
• Lead counsel for third-party administrator in taxpayer derivative actions relating to administration of self-funded government employee benefit plans. Obtained dismissal in all matters; affirmed on appeal.
• Lead counsel for health insurer in AAA arbitration relating to hospital reimbursement.
• Lead counsel for health insurer in a ERISA class action relating to out-of-network ER reimbursement.
• Lead counsel for health insurer in a class action relating to out-of-network coverage and claims processing disputes.
• Lead counsel for mutual insurance company in a derivative action relating to alleged breaches of fiduciary duty.
• Lead counsel for healthcare company in commercial litigation and an adversary action arising out of hospital bankruptcy.
• Lead counsel for health insurer regarding reimbursement disputes with out-of-network emergency facilities.
• Lead counsel for a major healthcare insurance company in AAA arbitration relating to hospital reimbursement.
• Lead counsel for a major health insurance company in numerous litigation matters relating to physician, hospital, and ambulatory surgery center reimbursement.
• Lead counsel for a major health insurance company in several putative class actions relating to mental health benefits.
• Lead counsel for a major health insurer in a putative class action relating to pharmaceutical coverage.

Data Security and Privacy

• Lead counsel for various Blue Cross Blue Shield entities named as co-defendants in multidistrict litigation relating to the Anthem data breach.
• Lead counsel for a leading cybersecurity firm in connection with various litigation and arbitration matters relating to data breaches involving cardholder data and alleged PCI-DSS violations.
• Lead counsel for a cybersecurity firm in connection with putative class actions arising out of the 2012 South Carolina Department of Revenue data breach. Obtained a dismissal of all claims.
• Lead counsel for a cybersecurity firm in a putative class action relating to a cardholder data breach involving a commercial supply business. Obtained a voluntary dismissal of all claims.

Other Representative Matters

• Retained as trial counsel for a major insurance company several months before trial in a state class action relating to wage and hour claims that had been pending for six years. Obtained a complete defense verdict against a certified class after a four-week trial. Judgment was affirmed on appeal.
• Defended a manufacturer in a nationwide consumer fraud class action relating to the sale of children’s products. Obtained a summary judgment in favor of the manufacturer.
• Defended a food products manufacturer in a wage and hour class action relating to the use of temporary labor. Resolved in a class action settlement.
• Defended an employer in an FCRA class action relating to background checks. Resolved in a class action settlement.
• Defended a major insurance company in a certified nationwide class action involving ERISA and breach of contract claims. Obtained a summary judgment in favor of our client on all certified class claims.
• Represented a steel manufacturer in a breach of contract and fraud action relating to the turnkey construction of a steel mill.
• Defended a financial services firm in Title VII “pattern or practice” class litigation brought by the EEOC.
• Defended a major automotive manufacturer in numerous product liability and consumer fraud class actions in state and federal courts relating to alleged automotive defects. Obtained a dismissal, a summary judgment, or a denial of class certification in each action.
• Defended a mortgage lender in a putative nationwide class action relating to force-placed insurance practices. Class certification was denied by Florida state trial court after several rounds of briefing and two evidentiary hearings. Denial of class certification was affirmed on appeal.
• Defended a household products manufacturer in a putative nationwide product liability and consumer fraud class action. Class certification was denied.
• Defended a leading energy producer in a nationwide class action relating to joint interest accounting in domestic onshore oil and gas operations.

Some of the above matters were handled prior to joining Sidley.