Bryan serves clients by developing and implementing creative solutions for complex issues. Focusing in tobacco industry regulatory compliance and enforcement matters, Bryan efficiently assists clients in complying with regulatory obligations and managing risk, consistent with clients' business objectives.

Overview
Representative Matters
Insights
Awards

Bryan devotes his practice to representing businesses in regulatory compliance matters and disputes involving government agencies, including the Food and Drug Administration (FDA), state attorneys general, and federal and state taxing authorities.

As a member of the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group and head of the firm’s Tobacco + Nicotine practice, Bryan focuses on representing tobacco manufacturers, distributors, retailers, and suppliers in all aspects of their businesses, including tobacco taxation matters, FDA requirements, administrative disputes involving a federal or state governmental entity and commercial agreements. Bryan works with clients in all segments of the tobacco industry, including electronic nicotine delivery systems and other novel products and traditional tobacco products such as cigarettes, cigars, and pipe tobacco.

Bryan has been advising clients regarding compliance with the Family Smoking Prevention and Tobacco Control Act since before the law was passed in 2009. Bryan also advises companies that sell products subject to the FDA’s “deeming rule,” which gave FDA authority to regulate electronic nicotine delivery systems and other novel products, cigars and pipe tobacco. Bryan assists clients with FDA premarket review requirements, including substantial equivalence (SE) and premarket tobacco applications (PMTA), and has helped companies obtain numerous FDA marketing orders for new tobacco products.

He also advises tobacco companies in connection with Master Settlement Agreement (MSA) compliance issues, including negotiations with state regulators and in litigation. Further, Bryan represents distributors and retailers in connection with state and federal tax compliance and disputes, and has successfully defended manufacturers and distributors in disputes with the Alcohol and Tobacco Tax and Trade Bureau and state revenue departments. Bryan is an accomplished litigator who has served as lead counsel in state and federal courts across the U.S., representing both domestic and international clients.

Bryan frequently presents on tobacco regulatory matters, including at Food and Drug Law Institute and TMA conferences. Follow Bryan’s ongoing analysis and commentary on developments in tobacco law at http://www.tobaccolawblog.com/ and https://www.regulatoryoversight.com/.

  • Advises clients regarding compliance issues arising under the Family Smoking Prevention and Tobacco Control Act and associated FDA regulations for tobacco products.
  • Assisted clients with hundreds of successful requests for FDA marketing authorization for tobacco products, including premarket tobacco applications, substantial equivalence, and exemption from substantial equivalence.
  • Represents manufacturers, importers, and distributors of electronic cigarettes and other novel products with respect to regulatory issues, including issues with the FDA and state and federal taxation and licensing.
  • Represented tobacco companies in connection with master settlement agreement (MSA) compliance issues, including negotiations with state regulators and litigation in state and federal courts.
  • Advises tobacco product manufacturers and distributors regarding compliance with the Prevent All Cigarette Trafficking (PACT) Act.
  • Advises clients on state and federal tobacco excise tax and licensing requirements, including the successful resolution of numerous excise tax disputes.
  • Advises clients regarding regulatory issues associated with starting tobacco manufacturing, importing and distributing businesses.
  • Served as counsel to numerous companies in connection with the purchase and sale of tobacco businesses, which included conducting due diligence and providing advice regarding associated federal and state regulatory issues.
  • In the course of approximately one year, obtained three preliminary injunctions and/or temporary restraining orders as lead counsel on behalf of tobacco companies in disputes with states or the federal government.
  • Obtained a verdict following a four-day bench trial in favor of a regional tobacco company, affirmed on appeal, in a declaratory judgment action implicating a sale on interest in $70 million in qualified settlement fund escrow accounts.
  • Served as counsel to numerous companies in connection with the purchase of tobacco businesses, which included conducting due diligence and providing advice regarding associated federal and state regulatory issues.
  • Obtained a $5.2 million judgment, after a two-day trial, on behalf of a cigarette manufacturer in a commercial dispute with a distributor.
  • Successfully represented a tobacco company in a regulatory dispute with the Virginia attorney general.
  • Super Lawyer in Administrative Law, Law & Politics’ Virginia Super Lawyers (2012-2018)
  • Virginia Rising Star in Business Litigation, Law & Politics’ Virginia Super Lawyers (2007-2011)
  • Legal Elite in Civil Litigation, Virginia Business (2010)
  • Legal Elite in Legislative/Regulatory/Administrative, Virginia Business (2013)

Bryan devotes his practice to representing businesses in regulatory compliance matters and disputes involving government agencies, including the Food and Drug Administration (FDA), state attorneys general, and federal and state taxing authorities.

As a member of the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group and head of the firm’s Tobacco + Nicotine practice, Bryan focuses on representing tobacco manufacturers, distributors, retailers, and suppliers in all aspects of their businesses, including tobacco taxation matters, FDA requirements, administrative disputes involving a federal or state governmental entity and commercial agreements. Bryan works with clients in all segments of the tobacco industry, including electronic nicotine delivery systems and other novel products and traditional tobacco products such as cigarettes, cigars, and pipe tobacco.

Bryan has been advising clients regarding compliance with the Family Smoking Prevention and Tobacco Control Act since before the law was passed in 2009. Bryan also advises companies that sell products subject to the FDA’s “deeming rule,” which gave FDA authority to regulate electronic nicotine delivery systems and other novel products, cigars and pipe tobacco. Bryan assists clients with FDA premarket review requirements, including substantial equivalence (SE) and premarket tobacco applications (PMTA), and has helped companies obtain numerous FDA marketing orders for new tobacco products.

He also advises tobacco companies in connection with Master Settlement Agreement (MSA) compliance issues, including negotiations with state regulators and in litigation. Further, Bryan represents distributors and retailers in connection with state and federal tax compliance and disputes, and has successfully defended manufacturers and distributors in disputes with the Alcohol and Tobacco Tax and Trade Bureau and state revenue departments. Bryan is an accomplished litigator who has served as lead counsel in state and federal courts across the U.S., representing both domestic and international clients.

Bryan frequently presents on tobacco regulatory matters, including at Food and Drug Law Institute and TMA conferences. Follow Bryan’s ongoing analysis and commentary on developments in tobacco law at http://www.tobaccolawblog.com/ and https://www.regulatoryoversight.com/.

  • Advises clients regarding compliance issues arising under the Family Smoking Prevention and Tobacco Control Act and associated FDA regulations for tobacco products.
  • Assisted clients with hundreds of successful requests for FDA marketing authorization for tobacco products, including premarket tobacco applications, substantial equivalence, and exemption from substantial equivalence.
  • Represents manufacturers, importers, and distributors of electronic cigarettes and other novel products with respect to regulatory issues, including issues with the FDA and state and federal taxation and licensing.
  • Represented tobacco companies in connection with master settlement agreement (MSA) compliance issues, including negotiations with state regulators and litigation in state and federal courts.
  • Advises tobacco product manufacturers and distributors regarding compliance with the Prevent All Cigarette Trafficking (PACT) Act.
  • Advises clients on state and federal tobacco excise tax and licensing requirements, including the successful resolution of numerous excise tax disputes.
  • Advises clients regarding regulatory issues associated with starting tobacco manufacturing, importing and distributing businesses.
  • Served as counsel to numerous companies in connection with the purchase and sale of tobacco businesses, which included conducting due diligence and providing advice regarding associated federal and state regulatory issues.
  • In the course of approximately one year, obtained three preliminary injunctions and/or temporary restraining orders as lead counsel on behalf of tobacco companies in disputes with states or the federal government.
  • Obtained a verdict following a four-day bench trial in favor of a regional tobacco company, affirmed on appeal, in a declaratory judgment action implicating a sale on interest in $70 million in qualified settlement fund escrow accounts.
  • Served as counsel to numerous companies in connection with the purchase of tobacco businesses, which included conducting due diligence and providing advice regarding associated federal and state regulatory issues.
  • Obtained a $5.2 million judgment, after a two-day trial, on behalf of a cigarette manufacturer in a commercial dispute with a distributor.
  • Successfully represented a tobacco company in a regulatory dispute with the Virginia attorney general.
  • Super Lawyer in Administrative Law, Law & Politics’ Virginia Super Lawyers (2012-2018)
  • Virginia Rising Star in Business Litigation, Law & Politics’ Virginia Super Lawyers (2007-2011)
  • Legal Elite in Civil Litigation, Virginia Business (2010)
  • Legal Elite in Legislative/Regulatory/Administrative, Virginia Business (2013)
  • Tobacco Committee, Food & Drug Law Institute

Education

  • George Mason University Antonin Scalia Law School, J.D., magna cum laude, 1998, George Mason Law Review
  • Virginia Polytechnic Institute and State University, B.A., 1993

Bar Admissions

  • Virginia
  • District of Columbia

Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals, Federal Circuit
  • Supreme Court of Virginia
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Western District of Virginia
  • U.S. Bankruptcy Court, Eastern District of Virginia
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. District Court, District of Columbia
  • U.S. Bankruptcy Court, District of Columbia

Clerkships

  • Hon. Diane Gilbert Sypolt, U.S. Court of Federal Claims, 1998-1999
  • Speaker, “2025 Trends in Federal, State, and Local Government Enforcement,” 7th Annual Next Generation Nicotine Delivery USA, June 4-5, 2025.
  • Moderator, “Navigating the Future of Next Generation Nicotine,” 7th Annual Next Generation Nicotine Delivery USA, June 4-5, 2025.
  • Speaker, “Post-Market Surveillance: Balancing Innovation While Guarding Against Unintended Consequences,” The American Tobacco + Nicotine Forum, April 17, 2025.
  • Speaker, “Recent State Regulatory and Enforcement Activity: Filling Gaps or Impeding Progress?” FDLI: Tobacco and Nicotine Products Regulation and Policy Conference, October 24, 2024.
  • Panelist, CannMed 24 Innovation & Investment Summit, May 12, 2024.
  • Panelist, “Taking Stock: Discussions on Legal Challenges and What Comes Next,” TMA 2024 Annual Meeting, April 23, 2024.
  • Panelist, “The Future of Flavors,” Total Product Expo, January 31, 2024.
  • Moderator, “Tobacco and Nicotine Product Enforcement Challenges: Before and After FDA’s Menthol Ban,” Food and Drug Law Institute Enforcement, Litigation, and Compliance Conference, December 6, 2023.
  • Moderator, “Recent Premarket Tobacco Application (PMTA) Decisions, Marketing Denial Order (MDO) Litigation, and Protecting CTP Decisions from Future Legal Challenges,” Tobacco and Nicotine Products Regulation and Policy Conference, October 26, 2023.
  • Moderator, “2023 and Beyond – Tobacco Product Standards and Additional Needed Rulemaking,” Food and Drug Law Institute Annual Conference, May 17, 2023.
  • Panelist, “Tobacco-Focused Litigation Update,” Food and Drug Law Institute Enforcement, Litigation, and Compliance Conference, December 7, 2022.
  • Panelist, “Menthol and Other Tobacco Product Standards,” Food and Drug Law Institute Annual Conference, June 15, 2022.
  • Panelist, “Authorization Pathways,” TMA 2022: Policy & Practice, March 29, 2022.
  • Panelist, “Tobacco and E-Vapor Regulatory Update – Assessing the Current Landscape and Predictions for 2022,” Convenience Retailing University, February 24, 2022.
  • Panelist, “FDA Tobacco Enforcement in a Post-Compliance Policy World: Current Status and Future Implications,” Food and Drug Law Institute Enforcement, Litigation, and Compliance Conference, December 9, 2021.
  • Panelist, “The Post-PMTA Deadline Landscape: What Happens After September 9th?,” Food and Drug Law Institute Tobacco and Nicotine Products Regulation and Policy Conference, October 23, 2020.
  • Panelist, “Regulatory & Legislative Issues: 2020 & Beyond,” TMA 2020: Unsteady Ground: Shifting Landscapes, May 28, 2020.
  • Panelist, “How Innovation Is Changing the Vape Category,” Tobacco Plus Expo, March 13, 2019.
  • Moderator, “FDA Implementation of Tobacco Product Pathways,” Food and Drug Law Institute 2018 Annual Conference, Washington, D.C., May 3, 2018.
  • Presenter, “The E-Cigarette Regulatory Environment: The Past, Present and Future of State & Local Regulations,” ABA Center for Professional Development, April 24, 2018.
  • Moderator, “E-cigarettes Post Deeming – An Outlook for ENDS Products,” Food and Drug Law Institute 2015 FDA Regulation of Tobacco Products Conference, Washington, D.C., October 21, 2015.
  • Speaker, “Excise Taxation by Relative Product Risk and the IOM/NRC on Illicit Trade,” Tobacco Merchants Association, Williamsburg, VA, May 18, 2015.
  • Speaker, “Planning for the Final Deeming,” Smoke Free Alternatives Trade Association Conference, Chicago, IL, May 4, 2015.
  • Moderator, “The Regulation (on Not!) of E-Cigarettes,” American Bar Association Section of State and Local Government Law 2014 Fall Council Meeting, Denver, CO, October 9, 2014.
  • Speaker, “Vapors, Myths and Reality Double Header,” Vapor World Expo, Chicago, IL, May 8, 2014.
  • Speaker, “Past, Present and Future of FDA Regulation of Tobacco Products,” Tobacco Plus Convenience Expo, January 30, 2014.
  • Speaker, Tobacco Merchants Association’s FDA Regulation of E-Cigarettes Conference, Leesburg, VA, October 30, 2013.
  • Speaker, “Exploring Tobacco Product Standards: Opportunities and Challenges,” Food and Drug Law Institute FDA Regulation of Tobacco Products Conference, October 29, 2013.
  • Speaker, “Deeming Regulations – A Conversation,” Tobacco Merchants Association’s 98th Annual Meeting & Conference, Williamsburg, VA, May 16, 2013.
  • Panelist, “Tobacco Product Deeming Regulations – Are They Appropriate and What Should They Look Like?” Food and Drug Law Institute Annual Meeting, Washington, D.C., April 23, 2013.
  • Seminar presenter, “Basics of Tobacco Regulation for the Cigarette Manufacturer,” March 31, 2009; January 18, 2011.
  • Panelist, “Toward an Industry Advisory Group,” Tobacco Merchants Association 94th Annual Meeting & Conference, Williamsburg, VA, May 19, 2009.