Trade Associations and Related Entities

• Serves as outside general counsel to trade associations, foundations, multiple-listing service companies, and technology firms, counseling them on antitrust compliance, governance, membership, contracts, trademark strategy, and risk management.
• Manages vendor and partnership relationships by crafting and negotiating custom contracts that protect business interests.
• Partners with leadership and staff to develop practical solutions to address risks in advance.
• Leverages experience to manage workflows that align with clients’ service and budget needs.

Antitrust Counseling

• Advises manufacturers, technology and service firms, and trade associations on collaborative conduct and pricing strategy.
• Serves as antitrust counsel at industry meetings, advising participants in advance of, and during, meetings to facilitate discussion and engagement.
• Crafts resale price and related marketing strategies.
• Pursues antitrust and false advertising claims.

Litigation

• Aggressively litigates breach of contract actions and other disputes in court and through international arbitrations.
• Pursues millions of dollars in health care provider reimbursements from commercial benefit plans. These include pursuing ERISA-based remedies as well as state-law contract and common law claims, in addition to defending against overpayment and recoupment claims.
• Defended a radiology practice alleged to have conspired with a benefit management company in violation of the Sherman Act in Eastside Medical Radiology, et al (S.D.N.Y.).
• Represented pharmaceutical companies in False Claims Act litigation in United States, ex rel Conrad v. Actavis Mid-Atlantic, et al (D. Mass.) and related litigation in Louisiana state court.
• Represented several pharmaceutical manufacturers in connection with Average Wholesale Price (AWP) litigation throughout the country.
• Obtained complete reversals of the revocations of Medicare Supplier Numbers for medical device (DMEPOS) suppliers through appeals with the National Supplier Clearinghouse.
• Represents several manufacturers in ongoing mass action litigation in D.C. Superior Court.
• Pursues on a pro bono basis the civil rights claims of a class of District of Columbia nursing facility residents in Brown, et al. v. D.C. (D.D.C.).
• Managed investigations and litigation in response to False Claims Act subpoenas issued by the Department of Justice to medical device, pharmaceutical, and non-profit companies.

Brian previously was a management consultant, providing pharmaceutical clients with a range of strategic guidance involving pricing, marketing initiatives, acquisition analysis, and long-term research and development planning.

During law school, Brian interned with the Honorable Thomas A. Wiseman of the US District Court for the Middle District of Tennessee and with the Commercial Litigation Branch of the US Department of Justice.