Brian Irving
An associate in the firm’s Litigation & Dispute Resolution Practice Group, Brian Irving represents businesses and individuals in complex business litigation and government investigations, focusing on healthcare fraud, securities fraud, and business disputes. Brian’s clients span a variety of industries, including healthcare, pharmaceuticals, government contracting, and financial services. Brian has experience in federal and state courts at both the trial and appellate levels, and in arbitrations and other forms of alternative dispute resolution.
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.
- Securities Litigation & Investigations – Representing corporate and individual defendants in lawsuits alleging violations of federal and state securities laws and in Securities and Exchange Commission investigations and enforcement proceedings.
- Business Disputes – Representing corporate and individual defendants in complex commercial disputes involving breach of contract, tort, insurance, and shareholder litigation.
Brian helps manage and is a frequent contributor to the firm’s Inside the False Claims Act blog.
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. Before law school, Brian played professional baseball with the San Francisco Giants organization.
Memberships
American Health Law Association
Nashville Bar Association Young Lawyers’ Division — Executive Committee (2021–present) and Board Member (2018–present)
Tennessee Bar Association
Nashville Bar Foundation Leadership Forum (2020 Class)
Representative Experience
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We represented Helix Sleep, Inc. (Helix) in its sale to Cerberus Capital Management, L.P. (Cerberus), a global leader in alternative investing.
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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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Representation of Medicare Advantage service provider in qui tam alleging that defendants caused 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 defendants fraudulently billed Medicare for home health services. District court dismissed 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
Past Events
Media Mentions & Firm News
Accolades
Best Lawyers: Ones To Watch — Commercial Litigation (2021-2022)
Law Clerk to Hon. Bobby E. Shepherd, U.S. Court of Appeals for the Eighth Circuit (2014-2015)
Vanderbilt Law Review — Articles Editor
Education
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Vanderbilt Law School - J.D., 2014
Order of the Coif
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Yale University - B.A., 2008
Admissions
- Tennessee, 2015
- New York, 2015
- U.S. Supreme Court
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, Middle District of Tennessee
- U.S. District Court, Western District of Tennessee
- U.S. District Court, Eastern District of Tennessee
Click below to download our Healthcare Fraud & Abuse Review
