
Introduction
Brian Hill is a complex civil litigator and trial lawyer with 29 years of experience trying cases and resolving high-stakes disputes in federal and state courts and arbitration proceedings, and internal and government investigations nationwide. He has deep experience in commercial disputes, business torts, government contracts, fiduciary duties and ERISA litigation, False Claims Act, fraud, and cross-border litigation. He has represented clients in aviation, defense, professional services, healthcare, manufacturing, technology, and nonprofit organizations.
My focus
I focus on complex commercial disputes. In addition to extensive experience in all aspects of civil litigation, including substantial motion practice, extensive depositions and preparation of fact and expert witnesses, litigation due diligence, pretrial matters, arbitration and administrative hearings, and bench and jury trials, I have strong case management skills that are necessary for large and medium-size matters, including managing teams of attorneys and paralegals through complex litigation, and drive case strategies that align with our clients’ business goals.
I have significant experience in the DC Superior Court and District Court, as well as surrounding jurisdictions, including the “Rocket Docket” of the United States District Court for the Eastern District of Virginia. My experience includes fiduciary and other professional liability, breach of contract and government contract disputes, fraud, False Claims Act and qui tam actions, business litigation, civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims, class actions, the Anti-Terrorism Act, and cybersecurity law issues.
Fiduciary Litigation
My fiduciary litigation experience includes multi-million-dollar claims involving the fiduciary duties of corporate trustees and shareholders, directors, officers, Employee Retirement Income Security Act (ERISA) and employee benefit plan fiduciaries, and investment managers, and inside and outside counsel. I have represented corporations, insurers, nonprofits, investors, and beneficiaries in actions alleging breach of fiduciary duties by directors, officers, plan fiduciaries, agents, and trustees.
Cross-Border Litigation
In international law matters, I have represented domestic and international clients in multi-million-dollar matters involving transnational litigation and discovery including requests for discovery assistance in foreign actions under 28 U.S.C. § 1782 and for discovery in domestic litigation under the Hague Evidence Convention.
Civil Discovery and Attorney Client Privilege
I also add significant value with my unique experience in civil discovery. I regularly advise on privilege, international data transfer and privacy regulation, litigation hold agreements, record retention policies, electronic discovery, cross-border discovery, cybersecurity & privacy law, and various other technical issues that arise in litigation. I have counseled clients during internal and government investigations regarding responding to subpoenas, document and information management, cybersecurity, and witness interviews./p>
Representative experience
*The below representative experience includes representations from a prior firm.
Complex Commercial Disputes*
- Strata Skin Sciences, Inc. v. Laseroptek America Corp. (E.D. Pa) Representing medical device company in Lanham Act false advertising and anti-trust case.
- Optimal Satcom Inc. v. Espace Networks, Inc. Represented software company in trademark infringement dispute.
- Boneval Condominium Unit Owners Association v. 300C Partners, LLC. (DC) Represented condominium developer in breach of contract and, breach of warranty case.
- The Family Federation for World Peace and Unification v. Moon (DC). Represented church in breach of fiduciary duty case against directors of a non-profit corporation.
- Rutherford v. Group Hospitalization and Medical Services (D.DC). Represented health insurer putative class action for violation of consumer protection act and breach of fiduciary duty.
- In re Global Crossing Ltd, et al. (S.D.N.Y.). Represented investors in bankruptcy action for breach of fiduciary duty.
- Ullico Casualty Co, et al. v. EW Blanch Co, Inc, et al. (D.DC). Represented insurer in action against former agent for breach of fiduciary duty.
- Ullico Inc. v. West (DC Super. Ct); Ullico Inc. v. McNulty (DC Super. Ct); Ullico Inc. v. Bernard (DC Super. Ct); Ullico v. Casstevens (DC Super. Ct). Represented corporation in breach of fiduciary duty actions brought against former directors for improper transactions in company stock.
Business Torts, Including Trade Secret Protection & Non-Competes*
- BCG Partners v. Avison Young (D. Nev.) Represented real estate brokerage in trade secrets and breach of fiduciary duty case.
- Kopy Kween, Inc. v. March (DC Super. Ct). Represented individual in case for breach of confidentialty and non-competition agreement.
- Azima v. Del Rosso, et al. (M.D.N.C.). Represented individual in cybersecurity case alleging misappropriation of trade secrets through hacking.
Fraud and False Claims Act and Government Contract Litigation
- Scharpf v. General Dynamics Corp. (E.D. Va.) Representing government contractor in putative anti-trust class action.
- Oliver & Co. v. Zamber (E.D. Mo.) Representing investors in breach of fiduciary duty and fraud case against former managers of private equity fund.
- Maximus Federal Consulting, LLC v. Whitespace LLC (E.D. Va.) Represented government contractor in breach of contract dispute.
- U.S. ex rel. Hooper v. Lockheed Martin (D. Md.) Represented government contractor in qui tam action.
- U.S. ex rel. Campbell v. Lockheed Martin (C.D. Fl.) Represented government contractor in intervened qui tam action.
- Allison Engine Company v. Northrop (IN) Represented government contractor in subcontract dispute.
- U.S. ex rel. Pratt v. Alliant Techsystems (C.D. Cal) Represented government contractor in qui tam action.
Cross-Border Litigation*
- Yoshitsu Company v. Nanako (S.D. Tx.) Representing international corporations in trademark infringement dispute.
- Holland v. Thaim et al. (Sup. Ct. NY Cty.) Represented international corporations and individuals in fraud case.
- Azima v. Handjani (S.D.N.Y.) Represented individual in request for assistance in connection with litigation in the UK under 28 USC §1782.
- In re Application of Food Investment SPA and Australis Seafood (S.D. Fla.). Represented individuals in request for assistance in connection with litigation in the UK and Chile under 28 USC §1782.
ERISA And Employee Benefits Litigation*
- Wright et al. v. Elton et al. (D.DE). Represented individual in ERISA action seeking contributions to a trust that existed prior to ERISA’s enactment
- Hunter, et al. v. Berkshire Hathaway Inc. (N.D. Tex). Represented company in putative class action alleging violations of ERISA, breach of fiduciary duty, and breach of contract.
- Heller v. Trustees of Electrical Workers Local No. 26 Pension Trust Fund v. Nicholas Applegate Capital Management and Trustees of the Operating Engineers Pension Trust Fund v. Trust Fund Advisors (D.D.C). Represented investment manager in ERISA breach of fiduciary duty actions brought by two Taft-Hartley Funds.
- Davis, et al. v. PBGC (D.DC). Represented retired pilots against the Pension Benefit Guarantee Corporation (PBGC).
- In re ULLICO Inc. (D.DC). Represented corporation and ERISA plans in breach of fiduciary duty action against former officers and plan fiduciaries.
- Carabillo v. Ullico Inc Pension, et al. (DC Circuit). Represented employee benefit plans in connection with motion for preliminary injunction seeking immediate payment of benefits.
Looking ahead
The line between cybersecurity compliance and fraud liability is becoming one of the most consequential legal boundaries in government contracting — and it's still being drawn. Courts and regulators are only beginning to work through what that convergence means for contractors, and the answers will reshape how the False Claims Act is enforced for years to come.
/Clerkship
Clerk, The Honorable John M. Steadman, District of Columbia Court of Appeals
/Insights
Presentations
In recent years, Brian has spoken at several ABA conferences panels regarding AI, theFalse Claims Act, Business Torts, and cybersecurity and has authored several publications and client alerts on the False Claims Act, Business Torts, and cross-border discovery. Examples:
- AI Jeopardy!, ABA Litigation Section Annual Conference (April 2026)
- Beyond PowerPoint and Dice Rolling - Jury, Graphic, and Other Trial Consultants, ABA False Claims Act Mock Trial Institute (October 2024)
- Business Torts Jeopardy!, ABA Litigation Section Annual Conference (May 2024)
- Recent False Claims Act Cases Involving Cost Accounting and Pricing Issues, ABA Public Contract Law Section Procurement Fraud and False Claims Committee (November 2023)
- Cyber Jeopardy!, ABA Corporate Counsel CLE (February 2023)
Publications
- Litigation & Dispute Resolution Laws and Regulations USA – Washington DC 2026, International Comparative Legal Guides, February 17, 2026
- Litigation & Dispute Resolution Laws and Regulations USA – Virginia 2026, International Comparative Legal Guides, February 17, 2026
- Business Torts Litigation, Editor (Third Edition) forthcoming
- Employee Retaliation Claims, False Claims in Construction Contracts, Author (Second Edition 2025)
- Model Jury Instructions: Business Torts Litigation, Editor (Fifth Edition 2022)
- The False Claims Act and Government Contracts: The Intersection of Federal Government Contracts, Administrative Law, and Civil Fraud, Editor (First Edition 2017)
In the news
- Government Contracting Law Report
Wisconsin Bell and the False Claims Act
Oct 17, 2024Government Investigations & White-Collar Defense practice leader Rob Fisher of Boston, partner Adam Tarosky of Washington, DC, and associate Jarrad Kirsh of Boston and Washington, DC Complex Disputes counsel Brian Hill contributed this article, discussing a case pending before the US Supreme Court that will determine whether requests to the E-Rate program count as claims under the False Claims Act.
- Commercial Dispute Resolution
Nixon Peabody develops DC disputes capabilities
May 10, 2024The following article features the NP arrival of Washington, DC Complex Disputes counsel Brian Hill.
- The National Law Journal
Nixon Peabody announces DC litigation hire
May 10, 2024The following articles feature the NP arrival of Washington, DC Complex Disputes counsel Brian Hill.
Admitted to practice
District of Columbia
Missouri
U.S. District Court, District of Columbia
U.S. Court of Appeals, District of Columbia Circuit
U.S. District Court, District of Maryland
U.S. District Court, Eastern District of Missouri
U.S. Court of Federal Claims
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fifth Circuit
Education
Georgetown University Law Center, J.D., magna cum laude, Order of the Coif
Southwest Missouri State University, B.A., summa cum laude
Professional activities
- Co-Chair, Business Torts and Unfair Competition Committee, Section of Litigation, American Bar Association (ABA)
- Chair, Books Subcommittee, Business Torts and Unfair Competition Committee, Section of Litigation, ABA
- Vice-Chair, Procurement Fraud and False Claims Committee, Section of Public Contract Law, ABA
- Member, Section of Litigation, ABA
- Member, Board of Directors, Council for Court Excellence
- Member, The Federalist Society




