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Feldman_Brian

Brian M. Feldman

He/Him/His
Partner
  • Rochester
  • 585.231.1201

Brian is a tenacious and respected trial and appellate lawyer who thrives in high stakes matters.

As chair of the firm’s Government and Internal Investigations practice group, Brian vigorously defends clients who face federal and state investigations and conducts nimble internal investigations to guide organizations through crises and other difficult situations. Brian has broad experience on all sides of investigations, including in health care, higher education, and other regulated areas, and in litigation under the False Claims Act and similar fraud statutes.

Brian draws on investigative and litigation skills he first developed as Senior Litigation Counsel in the United States Attorney’s Office for the Southern District of New York in Manhattan. His clients in private practice have ranged from individuals and not-for-profits to Fortune 500 companies.

Among his professional experiences, Brian has:

  • Defended and represented organizations and individuals involved in federal and state investigations by the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Securities & Exchange Commission (SEC), U.S. Department of Health and Human Services (HHS), U.S. Department of Education, Federal Trade Commission (FTC), U.S. Postal Service, New York State Attorney General (NYAG), New York State Department of Health (DOH), New York State Education Department, and other federal and state agencies, including in the areas of civil rights, consumer protection, fraud, health care, national security, professional licensing, and securities.
  • Designed and conducted internal investigations for businesses, ranging from not-for-profits to Fortune 500 companies, to assess potential exposure to criminal, civil, and regulatory liability and to advise clients on their rights, obligations, and optimal strategies for avoiding or reducing risks.
  • Guided clients through the process of self-disclosure to federal and state regulators, self-regulatory organizations, and law enforcement.
  • Represented plaintiffs and defendants in whistleblower suits under the federal False Claims Act and the New York State False Claims Act, including cases involving health care, education, and financial fraud.
  • Advised health care providers, pharmacies, and physicians regarding health care compliance, such as Medicare and Medicaid program compliance and compliance with the 340B drug discount program, often in circumstances of heightened sensitivity, such as in the midst of pending or anticipated criminal investigations, False Claims Act suits, governmental audits, or commercial disputes.
  • Represented organizations and individuals, including professionals, in high-stakes disputes, including class action antitrust litigation, defamation cases, fraud actions, and insurance coverage disputes in matters litigated in federal and New York State courts, as well as matters resolved outside of court.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Vice Chair, New York State Bar Association, Health Law Litigation Committee
  • Advisory Board Member, Federal Bar Association, Qui Tam Section
  • Panelist, Second Circuit Pro Bono Panel
  • Member, Federal Bar Council and Board of Editors, Federal Bar Council Quarterly

HONORS & AWARDS

  • Recognized by Chambers USA in 2021-2023 in the field of Litigation: White-Collar Crime & Government Investigations (NY)
  • Recipient, “Rising Stars” Award, New York Law Journal, 2018
  • Selected by peers for inclusion in The Best Lawyers in America® for Biotechnology and Life Sciences Practice; Commercial Litigation; Litigation – Health Care; Litigation – Regulatory Enforcement (SEC, Telecom, Energy); Qui Tam Law
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell
  • Selected to the Upstate New York Super Lawyers list, 2021-2023
  • Selected to the Upstate New York Super Lawyers Rising Stars list, 2013-2018

REPRESENTATIVE EXPERIENCE

Selected HSE Representations

  • Obtained criminal and civil declinations, as well as settlements, from the U.S. Department of Justice, the U.S. Securities and Exchange Commission, and the New York Attorney General in fraud investigations, including for clients in health care, education, and financial services sectors.
  • Conducted independent and internal investigations for publicly traded, privately held, government, and nonprofit organizations, including for Boards of Directors and Special Committees.
  • Represented businesses, not-for-profits, municipalities, boards, audit committees, executives, and professionals in investigations by state and federal enforcement agencies such as DOJ, FBI, IRS, SEC, FINRA, and FTC.
  • Successfully defeated a motion to dismiss in a putative antitrust class action against Uber’s CEO in Meyer v. Kalanick, 174 F. Supp. 3d 817 (S.D.N.Y. 2016).
  • As Circuit-appointed pro bono counsel, secured heavily cited victories in Troma Entertainment v. Centennial Pictures, 729 F.3d 215 (2d Cir. 2013), which limited personal jurisdiction in copyright suits, Williams v. Priatno, 829 F.3d 118 (2d Cir. 2016), which effectively struck prison rules, and Irvin v. Harris, 944 F.3d 63 (2d Cir. 2019), which successfully reversed the termination of a prison-reform consent decree.
  • Vindicated healthcare entities’ rights to mount regulatory challenges in precedent-setting decision, Avon Nursing & Rehab. v. Becerra, 995 F.3d 305 (2d Cir. 2021).
  • Advised health care clients in criminal and civil investigations, audits, disclosures, and disputes, including 340B drug discount program issues.

Selected Government Representations

  • Led investigation and filed suit in United States v. Deutsche Bank AG, 11 Civ. 2967 (S.D.N.Y.), a trailblazing quarter-billion dollar False Claims Act case targeting reckless lending practices precipitating the housing crisis.
  • Won dismissal of Federal Tort Claims Act suit filed by victims of the 2001 anthrax attacks in Gilvar v. United States, 09 Civ. 8941 (S.D.N.Y.).
  • Secured Office’s first admissions of wrongdoing in a civil fraud settlement, United States v. Noble Jewelry, 08 Civ. 7826 (S.D.N.Y), a customs case.
  • Protected national security information in Amnesty International USA v. CIA, 07 Civ. 5435 (S.D.N.Y.), a Freedom of Information Act suit.
  • Settled False Claims Act qui tam and health care investigation in United States v. North Shore-Long Island Jewish Hospital, 06 Civ. 1114 (S.D.N.Y.).
  • Secured dismissal of tax refund claims by the estate of Muppets-creator James M. Henson in Gottesman v. United States, 05 Civ. 8212 (S.D.N.Y.).
  • Managed groundbreaking RICO consent decree in United States v. International Brotherhood of Teamsters, 88 Civ. 4486 (S.D.N.Y.), working with court-appointed officers and FBI organized crime special agents.

NEWS

PRESENTATIONS

  • Presenter, “Government Contracts 101: A Primer For University Lawyers Focusing On Risk Mitigation”, June 30, 2023, Chicago, Illinois.

PRACTICE AREAS

ADMISSIONS

  • District of Columbia
  • New York
  • U.S. Courts of Appeals for the Second Circuit, Fifth Circuit, and Federal Circuit
  • U.S. District Courts for the Southern, Eastern, Western, and Northern Districts of New York
  • U.S. District Court for the District of Colorado

CLERKSHIP

  • Honorable Richard C. Wesley, U.S. Court of Appeals for the Second Circuit

EDUCATION

  • University of Virginia School of Law, J.D.
  • Dartmouth College, A.B.

Brian is a tenacious and respected trial and appellate lawyer who thrives in high stakes matters.

As chair of the firm’s Government and Internal Investigations practice group, Brian vigorously defends clients who face federal and state investigations and conducts nimble internal investigations to guide organizations through crises and other difficult situations. Brian has broad experience on all sides of investigations, including in health care, higher education, and other regulated areas, and in litigation under the False Claims Act and similar fraud statutes.

Brian draws on investigative and litigation skills he first developed as Senior Litigation Counsel in the United States Attorney’s Office for the Southern District of New York in Manhattan. His clients in private practice have ranged from individuals and not-for-profits to Fortune 500 companies.

Among his professional experiences, Brian has:

  • Defended and represented organizations and individuals involved in federal and state investigations by the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Securities & Exchange Commission (SEC), U.S. Department of Health and Human Services (HHS), U.S. Department of Education, Federal Trade Commission (FTC), U.S. Postal Service, New York State Attorney General (NYAG), New York State Department of Health (DOH), New York State Education Department, and other federal and state agencies, including in the areas of civil rights, consumer protection, fraud, health care, national security, professional licensing, and securities.
  • Designed and conducted internal investigations for businesses, ranging from not-for-profits to Fortune 500 companies, to assess potential exposure to criminal, civil, and regulatory liability and to advise clients on their rights, obligations, and optimal strategies for avoiding or reducing risks.
  • Guided clients through the process of self-disclosure to federal and state regulators, self-regulatory organizations, and law enforcement.
  • Represented plaintiffs and defendants in whistleblower suits under the federal False Claims Act and the New York State False Claims Act, including cases involving health care, education, and financial fraud.
  • Advised health care providers, pharmacies, and physicians regarding health care compliance, such as Medicare and Medicaid program compliance and compliance with the 340B drug discount program, often in circumstances of heightened sensitivity, such as in the midst of pending or anticipated criminal investigations, False Claims Act suits, governmental audits, or commercial disputes.
  • Represented organizations and individuals, including professionals, in high-stakes disputes, including class action antitrust litigation, defamation cases, fraud actions, and insurance coverage disputes in matters litigated in federal and New York State courts, as well as matters resolved outside of court.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Vice Chair, New York State Bar Association, Health Law Litigation Committee
  • Advisory Board Member, Federal Bar Association, Qui Tam Section
  • Panelist, Second Circuit Pro Bono Panel
  • Member, Federal Bar Council and Board of Editors, Federal Bar Council Quarterly

HONORS & AWARDS

  • Recognized by Chambers USA in 2021-2023 in the field of Litigation: White-Collar Crime & Government Investigations (NY)
  • Recipient, “Rising Stars” Award, New York Law Journal, 2018
  • Selected by peers for inclusion in The Best Lawyers in America® for Biotechnology and Life Sciences Practice; Commercial Litigation; Litigation – Health Care; Litigation – Regulatory Enforcement (SEC, Telecom, Energy); Qui Tam Law
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell
  • Selected to the Upstate New York Super Lawyers list, 2021-2023
  • Selected to the Upstate New York Super Lawyers Rising Stars list, 2013-2018

REPRESENTATIVE EXPERIENCE

Selected HSE Representations

  • Obtained criminal and civil declinations, as well as settlements, from the U.S. Department of Justice, the U.S. Securities and Exchange Commission, and the New York Attorney General in fraud investigations, including for clients in health care, education, and financial services sectors.
  • Conducted independent and internal investigations for publicly traded, privately held, government, and nonprofit organizations, including for Boards of Directors and Special Committees.
  • Represented businesses, not-for-profits, municipalities, boards, audit committees, executives, and professionals in investigations by state and federal enforcement agencies such as DOJ, FBI, IRS, SEC, FINRA, and FTC.
  • Successfully defeated a motion to dismiss in a putative antitrust class action against Uber’s CEO in Meyer v. Kalanick, 174 F. Supp. 3d 817 (S.D.N.Y. 2016).
  • As Circuit-appointed pro bono counsel, secured heavily cited victories in Troma Entertainment v. Centennial Pictures, 729 F.3d 215 (2d Cir. 2013), which limited personal jurisdiction in copyright suits, Williams v. Priatno, 829 F.3d 118 (2d Cir. 2016), which effectively struck prison rules, and Irvin v. Harris, 944 F.3d 63 (2d Cir. 2019), which successfully reversed the termination of a prison-reform consent decree.
  • Vindicated healthcare entities’ rights to mount regulatory challenges in precedent-setting decision, Avon Nursing & Rehab. v. Becerra, 995 F.3d 305 (2d Cir. 2021).
  • Advised health care clients in criminal and civil investigations, audits, disclosures, and disputes, including 340B drug discount program issues.

Selected Government Representations

  • Led investigation and filed suit in United States v. Deutsche Bank AG, 11 Civ. 2967 (S.D.N.Y.), a trailblazing quarter-billion dollar False Claims Act case targeting reckless lending practices precipitating the housing crisis.
  • Won dismissal of Federal Tort Claims Act suit filed by victims of the 2001 anthrax attacks in Gilvar v. United States, 09 Civ. 8941 (S.D.N.Y.).
  • Secured Office’s first admissions of wrongdoing in a civil fraud settlement, United States v. Noble Jewelry, 08 Civ. 7826 (S.D.N.Y), a customs case.
  • Protected national security information in Amnesty International USA v. CIA, 07 Civ. 5435 (S.D.N.Y.), a Freedom of Information Act suit.
  • Settled False Claims Act qui tam and health care investigation in United States v. North Shore-Long Island Jewish Hospital, 06 Civ. 1114 (S.D.N.Y.).
  • Secured dismissal of tax refund claims by the estate of Muppets-creator James M. Henson in Gottesman v. United States, 05 Civ. 8212 (S.D.N.Y.).
  • Managed groundbreaking RICO consent decree in United States v. International Brotherhood of Teamsters, 88 Civ. 4486 (S.D.N.Y.), working with court-appointed officers and FBI organized crime special agents.

NEWS

PRESENTATIONS

  • Presenter, “Government Contracts 101: A Primer For University Lawyers Focusing On Risk Mitigation”, June 30, 2023, Chicago, Illinois.

PRACTICE AREAS

ADMISSIONS

  • District of Columbia
  • New York
  • U.S. Courts of Appeals for the Second Circuit, Fifth Circuit, and Federal Circuit
  • U.S. District Courts for the Southern, Eastern, Western, and Northern Districts of New York
  • U.S. District Court for the District of Colorado

CLERKSHIP

  • Honorable Richard C. Wesley, U.S. Court of Appeals for the Second Circuit

EDUCATION

  • University of Virginia School of Law, J.D.
  • Dartmouth College, A.B.
Feldman_Brian
Brian M. Feldman