Attorneys > Search

Brian  D.  Roark
Member
Nashville
P:(615) 742-7753
F:(615) 742-0442
E-mail Brian D. Roark
vCard

Education
University of North Carolina - J.D., 1999
Lipscomb University - B.A., 1995

Bar Admissions
Tennessee, 1999

Memberships
American, Tennessee and Nashville Bar Associations
American Health Lawyers Association
Health Care Compliance Association

Honors & Distinctions
Articles Editor, North Carolina Law Review
Law Clerk to James C. Fox, U.S. District Court, Eastern District of North Carolina, 1999-2001

Publications
"Maintaining the Attorney-Client Privilege in Change-in-Control Transactions," Health Law Reporter (November 18, 2010) (Co-author with Matthew Curley). 
"The Recession’s Effect on Health Care Fraud: The Challenge of Maintaining Effective Compliance in a Down Market," Health Care Fraud Report (September 23, 2009).
"Government Expands Spotlight to Physicians Receiving Financial Benefits from Medical Device Makers," AHLA Physician Organizations (March 2009) (Co-author with Cynthia Y. Reisz).
"Condell Medical Center: Voluntary Disclosure as a Means to Get the Deal Done," Health Care Fraud Report (January 14, 2009).
"Preparing for a Medicare Audit by a Program Safeguard Contractor," HCCA Compliance Today (August 2008 (Co-author with Anna M. Grizzle).
"Crackdown Continues on Healthcare Fraud in 'High-Risk' Areas," an E-mail Alert distributed by AHLA’s Fraud and Abuse Practice Group (July 16, 2007).



Brian is the head of the firm’s Healthcare Fraud Task Force and concentrates his practice on representing healthcare clients facing governmental investigations and related litigation, with a particular focus on matters brought by the U.S. Department of Justice and Office of Inspector General of the Department of Health and Human Services and other regulators, concerning alleged violations of various health care laws and regulations, including the False Claims Act. Brian also frequently represents clients in connection with Medicare audits and overpayment disputes and advises clients regarding self-disclosure issues.

In addition to work for healthcare clients, Brian also has represented clients from other industries in investigations by the SEC and FINRA. He also has significant experience representing clients in complex commercial litigation in state and federal trial and appellate courts and arbitrations.

Healthcare Fraud Matters
  • Representation of publicly-traded managed care organization in DOJ investigation resulting in declination of intervention in False Claims Act lawsuit
  • Representation of IASIS Healthcare Corporation in False Claims Act litigation involving claims relating to physician compensation arrangements and performance of unnecessary medical procedures ending in dismissal of all claims against IASIS
  • Successfully defended specialty practice clinic in investigation conducted by U.S. Attorney’s Office of possible violations of the False Claims Act relating to improper billing of chemotherapy services
  • Representation of healthcare company in DOJ and HHS-OIG investigation involving physician recruitment and lease arrangements
  • Representation of healthcare company in DOJ and HHS-OIG investigation involving claims that hospital improperly retained overpayment amounts
  • Representation of healthcare company in DOJ and HHS-OIG investigation involving hospice admission practices
  • Representation of healthcare company in TBI investigation involving dispensing practices of narcotic drugs
  • Obtained reversal of large overpayment demand assessed against multi-specialty physician practice by a Program Safeguard Contractor

Other Representative Cases
  • Co-counsel for Healthways in obtaining dismissal of shareholder derivative litigation
  • 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
  • Lead trial counsel in federal jury trial representing pro bono client in civil rights lawsuit

Brian graduated from Lipscomb University, summa cum laude, in 1995. He received his law degree in 1999, with honors, from the University of North Carolina at Chapel Hill, where he served as an Articles Editor on the North Carolina Law Review. 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 and his wife currently serve as co-presidents of the Parent-Teacher Organization at Glendale Spanish Immersion Elementary School. Brian also serves on the Board of Directors of Safe Haven Family Shelter.