Boynton_Brian

Brian M. Boynton

Partner

  • Chair, Government and Regulatory Litigation Group

Brian Boynton is chair of the firm’s Government and Regulatory Litigation Group. From January 2021 to January 2025, he served as the head of the Civil Division of the US Department of Justice (DOJ). Mr. Boynton is an experienced litigator who focuses on complex government, regulatory, and commercial litigation and investigations. He represents clients in matters involving DOJ, including False Claims Act (FCA) investigations and litigation, Administrative Procedure Act (APA) challenges to agency actions, and constitutional and preemption litigation. His practice also includes commercial and regulatory litigation, as well as matters involving multi-jurisdictional investigations.

Mr. Boynton rejoined the firm in 2025 following his service at DOJ. During his time as the head of the Civil Division, he oversaw approximately 1,100 lawyers, was responsible for the Division’s affirmative and defensive litigation across six components, and personally handled some of the most important matters facing the government. He led the division’s efforts in areas such as FCA enforcement, consumer protection enforcement, APA litigation, defense of tort claims, government contracts litigation, international trade litigation, and immigration matters. His four-year tenure running the Division was the longest in nearly two decades.

Under Mr. Boynton’s leadership, the Civil Division pursued a wide range of FCA matters, recovering over $13 billion dollars in aggregate under the Act in fiscal years 2021 through 2024. He also oversaw the work of the Division’s Consumer Protection Branch, which brings actions under a variety of statutes, including the Food, Drug, and Cosmetic Act, the Controlled Substances Act, the Federal Trade Commission Act, and the Children’s Online Privacy Protection Act. Under Mr. Boynton’s guidance, the Division also successfully pursued numerous affirmative preemption lawsuits challenging state legislation and actions that conflicted with federal law.

Mr. Boynton was also responsible for leading the Civil Division’s work defending APA challenges to federal agency actions and constitutional challenges to federal statutes. During his tenure, the Division defended challenges to (among other things) the Medicare prescription drug negotiation program, the Deferred Action for Childhood Arrivals (DACA) policy, numerous COVID-19 vaccine requirements, the CDC’s Title 42 order and its rescission, FDA’s approval and regulation of mifepristone, asylum regulations, the Department of Education’s student loan forgiveness initiatives, various ATF firearms regulations, and regulations under Title IX and Section 1557 of the Affordable Care Act. 

In addition, Mr. Boynton led DOJ’s defense of government contract litigation, tort actions, international trade disputes, and immigration challenges, as well as commercial litigation, intellectual property disputes involving the United States, FOIA litigation, and oversight litigation.

From 2017 to 2021, Mr. Boynton was a partner in the firm’s Government and Regulatory Litigation Group, where he represented clients in all stages of litigation and handled a wide range of complex government, regulatory, and commercial litigation as well as agency, congressional, and internal investigations.

Mr. Boynton previously served at DOJ from 2014 to 2017. He was a Deputy Assistant Attorney General in the Office of Legal Counsel—the office charged with providing authoritative legal advice to the President and the Executive Branch. He also served as a Counselor to Attorney General Loretta Lynch, helping to coordinate significant civil litigation involving DOJ.

Mr. Boynton was at the firm for 12 years before first joining DOJ in 2014. Before joining WilmerHale in 2002, Mr. Boynton served as a law clerk to then-Chief Judge Douglas Ginsburg of the United States Court of Appeals for the DC Circuit and to Judge Vaughn Walker of the United States District Court for the Northern District of California.

Experience

  • Administrative Procedure Act Litigation

    • Represented a pharmaceutical innovator in an APA challenge to a CMS decision denying Medicare coverage for its primary drug product. 
    • Brought an APA challenge to a HUD rulemaking on behalf of an association of property and casualty insurers.   
    • Represented a producer of cellulosic ethanol challenging EPA’s refusal to provide appropriate credits under the Renewable Fuel Standards.  
    • Litigated APA challenges to PTO and FDA administrative determinations that adversely affected patent holders. 
    • Represented an association of ethanol producers in litigation brought by the oil, automobile, and food industries to challenge an EPA decision to permit the sale of gasoline with 15% ethanol.  
    • Challenged a DEA decision on behalf of a prescription drug distributor.  
  • False Claims Act Investigations and Litigation

    • Helped defend significant False Claims Act investigations of a healthcare and insurance company relating to its Medicare Advantage business.
    • Part of a team supporting the monitorship of Tenet Healthcare, which arose from the company’s resolution of criminal and civil fraud claims by DOJ asserting that Tenet had paid kickbacks and bribes in violation of the Anti-Kickback Statute. 
    • Oversaw multiple internal investigations involving potential False Claims Act violations by government contractors.  
    • Handled a False Claims Act suit alleging that a telecommunications company fraudulently billed the government for services.
  • Constitutional and Preemption Litigation

    • Defended two state universities in First Amendment litigation challenging the schools’ refusals to allow white supremacist to speak on campus. 
    • Represented a telecommunications company in class actions asserting that it had cooperated with alleged National Security Agency surveillance, successfully defending the constitutionality of the retroactive immunity provision of the FISA Amendments Act of 2008. 
    • Handled multiple cases involving free speech challenges to federal and state laws requiring producers of agricultural commodities to pay assessments that fund generic advertising.  
    • Obtained dismissal of dormant commerce clause and preemption challenges to a California law prohibiting the sale of eggs in the state unless they were produced according to specified standards. 
    • Represented an aviation and defense company in a successful federal preemption challenge to a California statute that imposed heightened environmental cleanup standards on a single facility that had been used by the Department of Energy for nuclear research. 
    • Part of a team that brought a successful preemption challenge to a District of Columbia law that set price caps on patented prescription drugs.
  • Commercial and Regulatory Litigation

    • Represented a financial services company in an unprecedented Fair Housing Act challenge to its purchases of residential mortgages for securitization. 
    • Defended a telecommunications equipment company against antitrust claims alleging that certain cellular network equipment manufacturers conspired to exclude a competitor’s technology from industry standards.
    • Assisted with the representation of a federally chartered corporation in connection with the Harry & David bankruptcy proceedings.  
    • Represented the California Table Grape Commission in a patent infringement case and a related declaratory judgment action. 
  • Congressional Investigations

    • Represented major pharmaceutical manufacturer with respect to insulin pricing investigations.  
    • Helped prepare the CEO of a major technology company for Congressional testimony. 

Insights & News

Credentials

  • Education

    • JD, Stanford University Law School, 2000

      Order of the Coif
    • BA, Dartmouth College, 1997

      summa cum laude
  • Admissions

    • District of Columbia

    • California

  • Clerkships

    • The Hon. Vaughn R. Walker, US District Court for the Northern District of California, 2000 - 2001

    • The Hon. Douglas H. Ginsburg, US Court of Appeals for the District of Columbia Circuit, 2001 - 2002

Credentials

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