Brian P. Downey is a partner in and chair of the Trial and Dispute Resolution Practice Group with Pepper Hamilton LLP, resident in the Harrisburg office. He also is a member of the firm’s Executive Committee. Mr. Downey’s litigation practice covers a broad range of matters including ERISA benefit disputes, commercial disputes and employment discrimination claims. He routinely appears in matters arising in state and federal courts located within the Third, Fourth, and Sixth Circuits.
Trial and Dispute Resolution
Mr. Downey has represented businesses, business owners, educational institutions and various government entities in a variety of disputes, including allegations of contract breaches, challenges to the actions of charitable organizations under Pennsylvania’s Institutions of Purely Public Charity Act, challenges to the taxing authority of Pennsylvania counties, claims under the False Claims Act, business torts, violations of federal and state securities laws, and violations of state consumer protection laws. He regularly represents employee welfare benefit plans, plan administrators, and insurers of benefits available under such plans in claims arising under the Employee Retirement Income Security Act (ERISA).
Employment Discrimination Litigation
Mr. Downey has successfully represented employers in a variety of employment discrimination and sexual harassment claims. He has represented employers in administrative proceedings before the Pennsylvania Human Relations Commission (PHRC) and the Equal Employment Opportunity Commission (EEOC). Additionally, he has counseled employers with respect to their obligations under the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA) and various Pennsylvania employment statutes. Mr. Downey has successfully defended employers and landlords in federal and Pennsylvania state courts in suits alleging violations of the Pennsylvania Human Relations Act (PHRA), Title VII of the Civil Rights Act, the ADA, the Age Discrimination in Employment Act (ADEA), the Employee Retirement Income Security Act of 1974 (ERISA) and various common law claims arising out of employment.
Mr. Downey has tried cases in federal and state courts, and has experience in the use of Alternative Dispute Resolution (ADR) to resolve cases. He has been very successful in using mediation to resolve disputes involving various legal theories through multiple jurisdictions. He also has been involved in numerous administrative proceedings in various state and federal governmental agencies including the Equal Opportunity Commission (EEOC), the Pennsylvania Human Relations Commission (PHRC), the Pennsylvania Public Utility Commission (PUC) and the Federal Aviation Administration (FAA).