Brian M. Feldman

Brian is a tenacious and respected trial and appellate lawyer who thrives in high stakes matters.

As chair of the firm’s Government and Internal Investigations practice group, Brian vigorously defends clients who face federal and state investigations and conducts nimble internal investigations to guide organizations through crises and other difficult situations. Brian has broad experience on all sides of investigations, including in health care, higher education, and other regulated areas, and in litigation under the False Claims Act and similar fraud statutes.

Brian draws on investigative and litigation skills he first developed as Senior Litigation Counsel in the United States Attorney's Office for the Southern District of New York in Manhattan. His clients in private practice have ranged from individuals and not-for-profits to Fortune 500 companies.

Among his professional experiences, Brian has:

• Defended and represented organizations and individuals involved in federal and state investigations by the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Securities & Exchange Commission (SEC), U.S. Department of Health and Human Services (HHS), U.S. Department of Education, Federal Trade Commission (FTC), U.S. Postal Service, New York State Attorney General (NYAG), New York State Department of Health (DOH), New York State Education Department, and other federal and state agencies, including in the areas of civil rights, consumer protection, fraud, health care, national security, professional licensing, and securities.
• Designed and conducted internal investigations for businesses, ranging from not-for-profits to Fortune 500 companies, to assess potential exposure to criminal, civil, and regulatory liability and to advise clients on their rights, obligations, and optimal strategies for avoiding or reducing risks.
• Guided clients through the process of self-disclosure to federal and state regulators and law enforcement.
• Represented plaintiffs and defendants in whistleblower suits under the federal False Claims Act and the New York State False Claims Act, including cases involving health care, education, and financial fraud.
• Advised health care providers, pharmacies, and physicians regarding health care compliance, such as Medicare and Medicaid program compliance and compliance with the 340B drug discount program, often in circumstances of heightened sensitivity, such as in the midst of pending or anticipated criminal investigations, False Claims Act suits, governmental audits, or commercial disputes.
• Represented organizations and individuals in commercial disputes, including antitrust litigation, business dissolution proceedings, contract disputes, fraud actions, and insurance disputes in matters litigated in federal and New York State courts, as well as matters resolved outside of court.

PROFESSIONAL & CIVIC AFFILIATIONS

• Advisory Board Member, Federal Bar Association, Qui Tam Section
• Panelist, Second Circuit Pro Bono Panel
• Member, Federal Bar Council and Board of Editors, Federal Bar Council Quarterly

HONORS & AWARDS

• Recognized by Chambers USA in 2021 in the field of Litigation: White-Collar Crime & Government Investigations (NY)
• Recipient, "Rising Stars" Award, New York Law Journal, 2018
• Selected by peers for inclusion in The Best Lawyers in America^© for Commercial Litigation; Litigation – Health Care; Litigation - Regulatory Enforcement (SEC, Telecom, Energy); Qui Tam Law
• AV Preeminent^® Peer Review Rated by Martindale-Hubbell
• Selected to the Upstate New York Super Lawyers list, 2021
• Selected to the Upstate New York Super Lawyers Rising Stars list, 2013-2018

REPRESENTATIVE EXPERIENCE

Selected HSE Representations

• Obtained criminal and civil declinations, as well as settlements, from the U.S. Department of Justice and New York Attorney General in fraud investigations, including for clients in health care, education, and financial services sectors.
• Represented businesses, not-for-profits, municipalities, boards, audit committees, executives, and professionals in investigations by state and federal enforcement agencies such as DOJ, FBI, IRS, SEC, and FTC.
• Successfully defeated a motion to dismiss in a putative antitrust class action against Uber’s CEO in Meyer v. Kalanick, 174 F. Supp. 3d 817 (S.D.N.Y. 2016).
• As Circuit-appointed pro bono counsel, secured heavily cited victories in Troma Entertainment v. Centennial Pictures, 729 F.3d 215 (2d Cir. 2013), which limited personal jurisdiction in copyright suits, and in Williams v. Priatno, 829 F.3d 118 (2d Cir. 2016), which effectively struck prison rules. And successfully reversed the termination of a prison-reform consent decree in Irvin v. Harris, ___ F.3d __ (2d Cir. 2019).
• Advised health care clients in criminal and civil investigations, audits, disclosures, and disputes, including 340B drug discount program issues. 

Selected Government Representations

• Led investigation and filed suit in United States v. Deutsche Bank AG, 11 Civ. 2967 (S.D.N.Y.), a trailblazing quarter-billion dollar False Claims Act case targeting reckless lending practices precipitating the housing crisis.
• Won dismissal of Federal Tort Claims Act suit filed by victims of the 2001 anthrax attacks in Gilvar v. United States, 09 Civ. 8941 (S.D.N.Y.).
• Secured Office’s first admissions of wrongdoing in a civil fraud settlement, United States v. Noble Jewelry, 08 Civ. 7826 (S.D.N.Y), a customs case.
• Protected national security information in Amnesty International USA v. CIA, 07 Civ. 5435 (S.D.N.Y.), a Freedom of Information Act suit.
• Settled False Claims Act qui tam and health care investigation in United States v. North Shore-Long Island Jewish Hospital, 06 Civ. 1114 (S.D.N.Y.).
• Secured dismissal of tax refund claims by the estate of Muppets-creator James M. Henson in Gottesman v. United States, 05 Civ. 8212 (S.D.N.Y.).
• Managed groundbreaking RICO consent decree in United States v. International Brotherhood of Teamsters, 88 Civ. 4486 (S.D.N.Y.), working with court-appointed officers and FBI organized crime special agents.

NEWS

• Quoted in, “Prime Healthcare, CEO, Cardiologist Settle FCA Allegations Over Payments for Referrals,” Report on Medicare Compliance, July 26, 2021

• Featured in, “Federal Court Opens Door for Nursing Homes to Challenge Medicare, Medicaid Rules,” McKnight’s Long-Term Care News, April 30, 2021
• Quoted in, “2nd Circ. Revives Challenge to Nursing Home Inspection Rule,” Law360, April 29, 2021
• Quoted in, “2nd Circuit Revives Nursing Homes’ Challenge to CMS Compliance Rule,” Reuters, April 27, 2021
• Quoted in, “Health Care Orgs Can Take Medicaid Rules Fight Straight to Federal Court, 2nd Circuit Rules,” New York Law Journal, April 27, 2021

• Mentioned in, “Uber Rider Calls Arbiter’s ‘Joke’ No Laughing Matter,” Law360, June 22, 2020

  Mentioned in, “Hiscox Must Fund NY Drug Biz's Defense in Opioid Trial,” Law360, June 15, 2020

• Quoted in, “Uber Won Price-Fixing Arbitration Out of “Fear,” Plaintiff Says,” GCR USA, May 27, 2020
• Featured in, Titans of Industry, special supplement of The American Lawyer, 2019
• Quoted in, “Rakoff Can Weigh Uber Rider Arbitration Info: 2nd Cir.,” Law360, August 2017
• Quoted in, “Uber Riders Asks 2nd Cir. To Tweak Price-Fix Ruling,” Law360, August 2017
• Quoted in, “Rakoff Rips Uber Detective’s Shady Tactics in Price-Fixing Suit,” Law360, July 2016
• Quoted in, “U.S. Pursues New Tack in VW Emissions Probe,” Wall Street Journal, March 2016
• Profiled in, “Making Banks Pay,” Corporate Counsel, May 2014
• Quoted in, “More Banks May Face FCA Charges from Mortgage Crisis,” The Litigation Daily, February 2014
• Quoted in, "Justice Department Taking Larger Role on SEC’s Turf,” Washington Post, November 2013
• Featured in, Fast Start, "The Chemistry of Corporate Defense," Rochester Business Journal, November 2013
• Quoted in, “Bank of America Verdict Spotlights U.S. Focus on Civil Cases,” Reuters, October 2013
• Featured Expert, “More Whistleblowers – Not Working Groups – Needed for Housing Crisis, Ex-Assistant U.S. Attorney Says,” (interview with Steven Meyerowitz), Financial Fraud Law blog, February 2012

Press Releases

• Harter Secrest & Emery Attorneys Named to 2021 Upstate New York Super Lawyers, Rising Stars Lists, August 20, 2021
• Harter Secrest & Emery Attorneys Recognized in 2022 Best Lawyers in America© and Best Lawyers: Ones to Watch, August 19, 2021
• Harter Secrest & Emery Launches Online Resource to Track the Government's Enforcement of COVID-19 Financial Aid Programs, October 19, 2020
• Harter Secrest & Emery Secures Precedent-Setting Pro Bono Victory for Disabled Prisoners and Class Members Generally, November 19, 2019
• Harter Secrest & Emery Attorneys Named to Best Lawyers In America 2020, August 15, 2019

PUBLICATIONS

• Co-Author, “Judge Lawrence Joseph Vilardo: A Buffalonian and Lawyer’s Lawyer,” Federal Bar Council Quarterly, Mar/Apr/May 2020
• Author, “Chatting with Judge Sannes,” Federal Bar Council Quarterly, Sept/Oct/Nov 2018
• Author, “Speaking with Judge Frank Paul Geraci, Jr.,” Federal Bar Council Quarterly, Mar/Apr/May 2016
• Author, “Elizabeth A. Wolford in the Western District of New York,” Federal Bar Council Quarterly, Mar/Apr/May 2016
• Author, Expert Analysis, "Strategic Use of Rule 502(d) in Civil and Criminal Proceedings," New York Law Journal, February 2016
• Author, Expert Analysis, "Health Care Overpayments and Reverse False Claims," New York Law Journal, September 2015, quoted by U.S. Department of Justice, Press Release, August 2016
• Author, “The Federal Government’s Search for Mortgage Industry Whistleblowers,” National Mortgage Professional Magazine, August 2012
• Author, “Navigating Federal Anti-Fraud Subpoenas,” New York Law Journal, January 2012
• Author, “Judge Susan L. Carney,” Federal Bar Council Quarterly, Sept/Oct/Nov 2012