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Brian Irving

Brian Irving

Associate
Nashville
(615) 742-7769
birving@bassberry.com
https://www.bassberry.com/professionals/irving-brian/

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An associate in the firm’s Litigation & Dispute Resolution Practice Group, Brian Irving counsels clients in civil litigation and government investigations, focusing on healthcare fraud, managed care, securities fraud, and business disputes. Brian’s clients span a variety of industries, including healthcare, pharmaceuticals, and food services.

Brian’s practice includes:

  • Healthcare Fraud & Abuse – representing healthcare providers in litigation under the False Claims Act and investigations by the Department of Justice, United States Attorneys’ Offices, and the Office of Inspector General of the Department of Health and Human Services.
  • Managed Care Disputes – representing hospitals and healthcare providers in civil litigation and arbitration of payment disputes with third-party payors.
  • Securities Fraud Investigations – representing corporate defendants in Securities and Exchange Commission investigations and enforcement proceedings arising from alleged violations of federal securities laws.

Prior to joining Bass, Berry & Sims, Brian served as a law clerk to the Honorable Bobby E. Shepherd on the U.S. Court of Appeals for the Eighth Circuit. Brian earned his law degree from Vanderbilt Law School and received a B.A. in philosophy from Yale University. From 2008-2010, Brian played professional baseball with the San Francisco Giants organization.

Memberships

American Health Lawyers Association (AHLA)

Representative Experience

  • CenseoHealth Sold to New Mountain Capital

    Represented CenseoHealth in its sale to New Mountain Capital

    We represented CenseoHealth in its sale to New Mountain Capital. The transaction closed in December 2017 and terms of the...
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    Client Type: Private Company
  • Successful Defense of SEC Investigation into Accounting and Disclosure Issues

    Successful representation of a public company in an 18-month Securities & Exchange Commission (SEC) investigation related to accounting and disclosure issues, resulting in a decision by the SEC to terminate the investigation

    We successfully represented a public company in an 18-month Securities & Exchange Commission (SEC) investigation related to accounting and disclosure...
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    Client Type: Public Company
  • Successful Defense of SEC Investigation into Alleged Improper Accounting Practices

    Successfully represented a company in a confidential Securities & Exchange Commission (SEC) investigation arising from a former employee’s complaint about allegedly improper accounting practices

    We successfully represented a company in a confidential Securities & Exchange Commission (SEC) investigation arising from a former employee's complaint...
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    Client Type: Private Company
  • US ex rel. Polukoff v. St. Mark’s Hospital

    Successfully represented cardiologist in FCA lawsuit, which alleged that defendants submitted false claims in connection with medically unnecessary cardiac procedures

    We successfully represented a cardiologist in a False Claims Act (FCA) lawsuit, which alleged that the defendants submitted false claims...
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  • U.S. ex rel. Ramsey v. Censeo Health, L.L.C.

    Lead counsel representing Medicare Advantage service provider in qui tam that alleged that defendants caused the inflation of risk adjustment scores. U.S. ex rel. Ramsey v. Censeo Health, L.L.C., No. 3:14-cv-118 (N.D. Tex.)

    We served as lead counsel representing Medicare Advantage service provider in qui tam alleging that defendants caused the inflation of...
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    Client Type: Private Company
  • U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc.

    Lead counsel representing senior living companies in qui tam lawsuit alleging that defendants fraudulently billed Medicare for home health services. The district court dismissed this lawsuit on the grounds that the alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s 2016 Escobar decision. U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc., 265 F. Supp. 3d 782 (M.D. Tenn. 2017)

    We are serving as lead counsel to Brookdale Senior Living in a qui tam lawsuit alleging that defendants fraudulently billed Medicare for...
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    Client Type: Public Company

Publications

Media Mentions & Firm News

Accolades

Vanderbilt Law Review – Articles Editor

Law Clerk to Hon. Bobby E. Shepherd, U.S. Court of Appeals for the Eighth Circuit (2014-2015)

Related Services

Education

  • Vanderbilt Law School - J.D., 2014

    Order of the Coif

  • Yale University - B.A., 2008

Admissions

  • Tennessee, 2015
  • New York, 2015
  • U.S. Supreme Court
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Inside the FCA blog

Inside the FCA blog