Overview
Practice Areas
Government & Regulatory Law • Litigation • White Collar Defense & Investigations •
Industry Experience
Brian O’Neill is a commercial litigator who represents clients in complex disputes, with a particular focus on public procurement and government contracts. He has extensive experience handling bid protests and other challenges to government contract awards, and regularly advises contractors throughout the procurement process, from bid strategy to post-award disputes.
Brian’s practice spans a wide range of commercial litigation matters, including shareholder and partnership disputes, real estate litigation, and professional liability actions. He has represented clients in high-stakes business disputes involving misappropriation of trade secrets, fraud claims, restrictive covenants, employee raiding, and claims under the New Jersey Computer Related Offenses Act, as well as in business divorce litigation.
A significant component of Brian’s practice involves representing government contractors in bid protests and related litigation. He has successfully obtained preliminary injunctions preventing the performance of improperly awarded contracts and secured final judgments invalidating contract awards to competing bidders. His experience includes challenges arising under procurement frameworks that afford deference to public entities, including New Jersey’s competitive contracting process. In addition to litigation, Brian advises clients on bid compliance, proposal strategy, and risk mitigation to reduce the likelihood of disqualification or protest. He also regularly represents out-of-state contractors entering the New Jersey market for the first time, advising on compliance with New Jersey’s procurement requirements and representing them in bid protests and related disputes.
Brian also draws on prior experience in government investigations and white collar defense matters, including representing corporations and individuals in the healthcare industry in investigations involving allegations of kickbacks, false claims, and fraud. This experience informs his work with government contractors and other regulated entities facing scrutiny from enforcement authorities.
Brian received his J.D., magna cum laude, from Seton Hall University School of Law, where he was elected to the Order of the Coif and served as Senior Editor of the Seton Hall Law Review. He was named Best Oral Advocate by Seton Hall’s Appellate Advocacy Program and received the American Bankruptcy Institute Medal of Excellence and the Chicago Title Insurance Real Property Award. He earned his B.A. from Villanova University.
*Results may vary depending on your particular facts and legal circumstances.
Honors
- Included in The Best Lawyers in America® “Ones to Watch,” Criminal Defense: White Collar (2020-2021; 2024-2025); Commercial Litigation (2021; 2023-2025)
Award Methodology
*No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Education
- Seton Hall University School of Law (J.D., magna cum laude, 2010)
- Villanova University (B.A., 2006)
Admissions
- New Jersey
- New York
- U.S. District Court, District of New Jersey
- U.S. District Court, Southern District of New Jersey
Overview
Public Contracts
- Successfully represented a government entity before the Supreme Court of New Jersey, which unanimously reversed a lower court decision that found the entity lacked the authority to use project labor agreements on public construction projects
- Prevailed in bid protest action by obtaining a final judgment that vacated public entity’s award of a multimillion-dollar contract and ordered that the project be rebid
- Prevailed on appeal from agency bid protest that upheld award to client of a state contract worth approximately $100 million
- Successfully resolved a putative class action on behalf of an out-of-state contractor alleged to have violated New Jersey’s Prevailing Wage Act on State project
- Prepared requests for proposals and procurement policies on behalf of multiple public and quasi-public entities
- Conducted internal investigation for a government contractor into allegations of improper subcontracting practices
- Routinely advises clients on public contract regulatory issues, including compliance with M/WBE requirements
Complex Commercial Litigation
- Represented shareholder and related companies in litigation involving claims of financial mismanagement and diversion of corporate assets
- Obtained summary judgment in action concerning the transfer of highly valuable shares in a prestigious co-op building in Central Park
- Defended multi-national law firm in connection with a legal malpractice action arising from estate planning and corporate transactional matters
- Obtained pre-answer dismissal of a breach of contract action against international shipping company
- Represented real estate executive in dispute concerning client’s ownership interest in real estate holding company and obtained a 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 secured a settlement affirming the client’s claimed ownership stake in the company
White Collar Defense
- Represented multiple doctors in U.S. Attorney’s Office investigation into marketing practices of a medical device company
- Represented 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
- Represented pain management doctor in nationwide investigation into the marketing practices of pharmaceutical company that sold fentanyl-based product
- Represented pharmaceutical executive in antitrust investigation conducted by the Department of Justice and the U.S. Attorney’s Office
- Represented client in U.S. Attorney’s Office investigation involving allegations of fraudulent claims for medically unnecessary prescriptions
*Results may vary depending on your particular facts and legal circumstances.