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Brian P. O'Neill
 

Brian P. O'Neill

Counsel West Orange, NJ  

Brian O'Neill is a litigator whose practice focuses on complex civil litigation and white collar criminal defense.

In his civil practice, Brian has handled a wide variety of commercial matters, including shareholder and partnership disputes, real estate litigation, professional liability actions, and public contract challenges. He has represented many clients in business divorces, including cases involving misappropriation of trade secrets, restrictive covenants, employee raiding, and claims under the New Jersey Computer Related Offenses Act.


Brian’s practice includes a particular focus on government contracts. He has successfully represented contractors across a wide range of industries in bid protests, obtained preliminary injunctions against the performance of contracts awarded to competitors, and secured final judgments invalidating awards to competing bidders. Among these cases, Brian has successfully challenged contracts awarded through procurement processes that allow deference to public entities, including contracts awarded under New Jersey’s competitive contracting model. Outside of litigation, Brian also assists clients in analyzing bid specifications and preparing proposals to minimize the risk that a bid will be rejected as non-compliant.

In his white collar defense practice, Brian regularly represents corporations and individuals across the healthcare industry in investigations involving allegations of kickbacks, false claims, and fraud. He has extensive experience representing doctors in grand jury investigations relating to their consulting or speaking relationships with pharmaceutical companies or device manufacturers. And his wide-ranging service to government contractors includes experience in false claims investigations conducted by the U.S. Attorney’s Office and Department of Justice.

Brian received his JD from Seton Hall Law School, where he graduated magna cum laude and was elected to the Order of the Coif. During law school, Brian served as Senior Editor of the Seton Hall Law Review and was named Best Oral Advocate by Seton Hall’s Appellate Advocacy Program. At graduation, Brian was awarded the American Bankruptcy Institute’s Medal of Excellence and the Chicago Title Insurance Real Property Award. Prior to law school, he earned his BA at Villanova University.

Upon graduating from law school, Brian served as a law clerk for the Honorable Edward Gannon in the Superior Court of New Jersey - Civil Division.

Education
  • Seton Hall Law School (J.D., magna cum laude, 2010)
  • Villanova University (B.A., 2006)
Admissions
  • New Jersey
  • New York
  • U.S. District Court, District of New Jersey
Civil
  • Obtaining final judgment that vacated a public entity’s award of a multi-million dollar contract and ordered that the project be rebid—the public entity had solicited the contract through New Jersey’s competitive contracting model, which allows significant deference to public entities’ contracting decisions, and had ranked the client’s proposal last out of five proposals
  • Defending government entity in a challenge to its award of a construction contract for more than $350 million
  • Advising public hospital with respect to its procurement of medical supplies
  • Representing shareholder and related companies in litigation involving claims of financial mismanagement and diversion of corporate assets
  • Obtaining summary judgment in action concerning the transfer of highly valuable shares in a prestigious co-op building on Central Park
  • Defending multi-national law firm in connection with a legal malpractice action arising from estate planning and corporate transactional matters
  • Obtaining pre-answer dismissal of a breach of contract action against international shipping company
  • Representing real estate executive in dispute concerning client’s ownership interest in real estate holding company, obtaining broad temporary restraining order and preliminary injunction prohibiting the transfer of any interest in either the holding company or the company’s real estate during the litigation, and ultimately securing a settlement affirming the client’s claimed ownership stake in the company
Criminal
  • Representing multiple doctors in U.S. Attorney’s Office investigation into marketing practices of a medical device company
  • Representing generic pharmaceutical company in criminal and civil false claims investigations conducted by the Department of Justice and the U.S. Attorney’s Office relating to the company’s compliance with the Trade Agreements Act
  • Representing pain management doctor in nationwide investigation into the marketing practices of pharmaceutical company that sold fentanyl-based product
  • Representing pharmaceutical executive in antitrust investigation conducted by the Department of Justice and the U.S. Attorney’s Office
  • Representing client in U.S. Attorney’s Office investigation involving allegations of fraudulent claims for medically unnecessary prescriptions
  • Best Lawyers "Ones to Watch," Criminal Defense: White Collar (2021)

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