Brian’s practice focuses on complex commercial litigation including healthcare, securities, and software litigation.
Healthcare: Brian has represented hospitals, physician practice groups, and other ancillary services providers in commercial litigation and healthcare fraud matters, including conducting internal investigations, responding to governmental inquiries, and defending whistleblower lawsuits. He has particular experience litigating issues relating to Medicare Fraud and the False Claims Act and has handled matters brought by the Department of Justice, the Office of Inspector General of the Department of Health and Human Services, various United States Attorneys Offices, and state Attorney General’s offices. Brian has also represented healthcare companies in Medicare audits and overpayment disputes and advised clients regarding self-disclosure issues.
Corporate and Securities: Brian has represented corporations, directors and officers, and accounting firms in securities and business-related litigation, including securities fraud class actions, shareholder derivative lawsuits, and audit committee and other independent committee investigations. He also has represented clients in responding to inquiries from the SEC, FINRA, or other governmental agencies.
Software: Brian has handled disputes involving systems implementation, outsourcing arrangements, and licensing matters. He has represented software companies, customers, and consulting firms in federal and state courts and in arbitrations.
Representative Matters include:
- Successful representation of hospital-ownership company in False Claims Act litigation resulting in dismissal of qui tam lawsuit with prejudice
- Genesco-UBS/Finish Line Litigation: part of team that obtained trial verdict for Genesco in litigation related to enforcement of $1.6 billion merger transaction
- Representation of publicly-held corporation in investigation conducted by the Financial Industry Regulatory Authority (FINRA)
- Obtained reversal of large overpayment demand assessed against multi-specialty physician practice by a Program Safeguard Contractor
- Representation of disease management company in False Claims Act lawsuit
- Successfully defended specialty practice clinic in investigation conducted by U.S. Attorney’s Office of possible violations of the False Claims Act resulting in declination to pursue action
- Lead trial counsel in federal jury trial representing pro bono client in federal civil rights lawsuit
From 1999-2001, Brian served as law clerk for Judge James C. Fox of the United States District Court for the Eastern District of North Carolina.
Brian has played an active role with several Nashville non-profits and currently serves on the Board of Directors of Safe Haven Family Shelter, which provides housing, transportation, and job skills training to homeless families.
|