whistleblower attorney

Brian P. McCafferty

Attorney

Brian P. McCafferty is Kenney & McCafferty’s managing partner. With over 20 years of experience in handling complex commercial litigation, class action litigation, and employment claims, Mr. McCafferty is a trial tested attorney specializing in False Claims Act, tax fraud, class action, and employment litigation, nationwide.

Prior to co-founding Kenney & McCafferty, Mr. McCafferty was the managing partner of the Philadelphia office of Texas-based class action powerhouse Provost Umphrey, LLP. Serving as co-counsel in the landmark False Claims Act caseinvolving oil royalties, Mr. McCafferty ultimately assisted in the recovery of over $440 million for the federal government from the oil industry. He has also handled numerous False Claims Act cases involving defense contractor fraud and Medicare fraud.

In addition to his False Claims Act practice, Mr. McCafferty has served as counsel in a series of notable cases resulting in the recovery of more than $50 million in verdicts and settlements under the Federal Fair Labor Standards Act. These cases, brought by Mr. McCafferty on behalf of hourly workers, have resulted in the recovery of significant overtime pay for time spent by the workers putting on and removing protective equipment, so-called “donning and doffing” cases.

Prior to entering private practice, Mr. McCafferty served as a Legal Assistant to the Honorable James Gardner Collins, formerly the President Judge of the Commonwealth of Pennsylvania. A proud two-time graduate of the University of Notre Dame, Mr. McCafferty is an avid sports fan and supporter of his Fighting Irish.

Experience:

Landmark recovery against major oil companies for the underpayment of royalties. U.S. ex rel. Johnson v. Shell Oil Co., 33 F. Supp. 2d 528 (E.D. Tex. 1999)

Co-Counsel for Relator Danny Cain in federal False Claims Act litigation resulting in 2010 $16.25 million settlement with Hewlett Packard Corporation for False Claims Act violations related to contractor bid-rigging in conjunction with the federal E-Rate program involving the Dallas Independent School District and the Houston Independent School District.

Co-Counsel for Relator Brett Roby in federal False Claims Act litigation resulting in $54 million settlement for False Claims Act violations related to manufacture of defective gears for Boeing CH-47D Chinook helicopters.

Lead Counsel for class of Tyson Foods employees asserting violation of the federal Fair Labor Standards Act. Rule 23 class certified. Case resulted in $6 million trial verdict and judgment against Tyson Foods. Upheld by the United States Supreme Court in 2016 decision. Tyson Foods, Inc. v. Bouphakeo, US, 136 S. Ct. 1036(2016).


Education:

J.D., University of Notre Dame
B.A., Government and International Studies, University of Notre Dame

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