Brian Irving
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
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Represented CenseoHealth in its sale to New Mountain Capital
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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
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Successfully represented a company in a confidential Securities & Exchange Commission (SEC) investigation arising from a former employee’s complaint about allegedly improper accounting practices
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Successfully represented cardiologist in FCA lawsuit, which alleged that defendants submitted false claims in connection with medically unnecessary cardiac procedures
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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.)
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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)
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)