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:
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.
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)
We represented Helix Sleep, Inc. (Helix) in its sale to Cerberus Capital Management, L.P. (Cerberus), a global leader in alternative investing.
Represented CenseoHealth in its sale to New Mountain Capital
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
Successfully represented a company in a confidential Securities & Exchange Commission (SEC) investigation arising from a former employee’s complaint about allegedly improper accounting practices
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.)
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)
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