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 Law Association (AHLA)

Nashville Bar Foundation Leadership Forum (2020 Class)

Representative Experience

Representation of Long Term Care Pharmacy: U.S. ex rel. McClain v. Nutritional Support Services (D.S.C.)

We served as lead counsel representing a long-term care pharmacy in connection with a qui tam lawsuit alleging violations of...

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Client Type: Private Company
Immigration Judge Grants Asylum to Salvadoran Client

Bass, Berry & Sims represented a Salvadoran immigrant who fled to the United States with her two-year-old daughter to escape...

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Client Type: Pro Bono
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
U.S. ex rel. Ramsey v. Censeo Health, L.L.C.

Represented 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.)

We represented Medicare Advantage service provider in qui tam alleging that defendants caused the inflation of risk adjustment scores. U.S....

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U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc.

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)

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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Publications

Media Mentions & Firm News

36 Attorneys from Bass, Berry & Sims Recognized in Inaugural Best Lawyers: Ones to Watch 2021

August 20, 2020
Brian Irving Selected for NBF 2020 Leadership Forum

September 4, 2019
Bass, Berry & Sims Welcomes Six New Attorneys to the Firm

September 24, 2015

Accolades

Best Lawyers: Ones To Watch — Commercial Litigation (2021)

Vanderbilt Law Review — Articles Editor

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

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
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