For more than 15 years, Brian M. Ercole has assisted clients through every phase of high-stakes consumer class actions and complex litigation. A co-leader of the firm’s Global Class Action Working Group, Brian is also a member of the litigation and antitrust litigation practices. He regularly defends a broad range of companies in the pharmaceutical, retail, automotive, financial services, food, and technology sectors against high-value class actions and commercial litigation in state and federal courts across the United States. Brian guides clients through false marketing, statutory unfair trade practice, antitrust, privacy, civil RICO, breach of warranty, fraud, and other consumer-related claims seeking significant damages.
Brian focuses his practice on nationwide class actions and large-scale multidistrict litigation (MDL) proceedings that challenge a company’s core business model, service, or product. He handles every stage of such high-stakes litigation, including MDL petitions, class certification hearings, class trials, and appeals. Brian recently tried a certified class action to a successful jury verdict in favor of an automobile manufacturer, and he has successfully argued and won appeals in class litigation posing an existential threat to a company’s business. Brian not only serves as national litigation counsel for clients in courts across the country, but also regularly counsels clients on consumer-related compliance issues outside of the litigation context.
Before joining Morgan Lewis, Brian clerked for Judge Legrome D. Davis of the US District Court for the Eastern District of Pennsylvania and for Judge Jerome A. Holmes of the US Court of Appeals for the Tenth Circuit.
Recognized, Commercial Litigation, South Florida Best Lawyers Magazine (2023)
Recognized, Commercial Litigation, Miami, The Best Lawyers in America (2022–2024)
Recommended, Dispute resolution: Product liability, mass tort and class actions: automotive/transport - defense, The Legal 500 US (2019)
Recommended, Dispute resolution: Product liability, mass tort and class action: automotive/transport, The Legal 500 US (2018)
Young Lawyers on the Rise, Daily Business Review (2017)