Brian Feldman

Practice Areas

Brian guides clients through government investigations, conducts independent investigations, and directs high-stakes litigation.

Brian is a former Assistant U.S. Attorney in the Southern District of New York. He has tried jury, judge, administrative, and arbitral trials. Brian is also an accomplished appellate advocate, leading his clients to wins in federal and state appellate courts.

Brian frequently works with healthcare, education, nonprofit, governmental, and publicly-traded organizations. His clients have ranged from individuals to Fortune 500 companies. In addition, Brian frequently provides pro bono representation at the U.S. Court of Appeals for the Second Circuit, where he previously clerked.

Professional Memberships

Committee Member, U.S. Court of Appeals for the Second Circuit Rules Advisory Committee

Vice Chair, New York State Bar Association, Health Law Litigation Committee

Advisory Board Member, Federal Bar Association, Qui Tam Section

Member, Federal Bar Council and Board of Editors, Federal Bar Council Quarterly

Career

Described by clients as “a tremendous asset,” “knowledgeable, strategic and pragmatic” and “a true delight to work with,” who brings “unique and invaluable perspective,” “always [with] his eyes on the ultimate goal,” Brian is a nationally recognized litigator and investigations thought leader who has been quoted by the Wall Street Journal, Washington Post, and Reuters, and the U.S. Department of Justice itself. He has been running investigations, trials, and appeals since starting as an Assistant U.S. Attorney in the Manhattan Office of the Southern District of New York in 2005, where he first-chaired groundbreaking investigations and litigation.

Brian has led scores of investigations and white-collar defense matters for his organizational clients, including healthcare providers, educational organizations, financial institutions, nonprofits, wealth management firms, and municipal governments.

Work Highlights

DECLINATIONS AND SETTLEMENTS. Brian has obtained declinations at the federal and state level with agencies including the U.S. Department of Justice, the U.S. Securities and Exchange Commission, and the Office of the New York Attorney General and its Medicare Fraud Control Unit. In addition, Brian has negotiated numerous resolutions with federal and state regulators, both through self-disclosure and in contested matters. Most of these matters resolved quietly with little to no publicity for his clients.

TRAILBLAZING FALSE CLAIMS ACT WORK. Brian has long been on the leading edge of False Claims Act investigations and litigation. He developed the first major False Claims Act investigation and litigation regarding shoddy underwriting practices that precipitated the 2008 financial crisis, opening the door to billions of dollars of recoveries by the Justice Department. Brian has since served on all sides of False Claims Act matters, most often advising and defending healthcare providers, educational institutions, and nonprofits.

HISTORIC S.D.N.Y. MATTERS. In addition to his False Claims Act work, Brian spent time leading the International Brotherhood of Teamsters RICO consent decree implementation, investigating wide-ranging criminal healthcare fraud at the Long Island Rail Road, guarding national security secrets in the sprawling Amnesty International litigation, defending litigation arising from the 2001 anthrax attacks, enforcing civil rights laws against Real Estate Board of New York luxury developers, and overcoming the tax avoidance strategies of the estate of Muppets-creator Jim Henson.

COMPLEX HEALTHCARE ISSUES. Brian has broad experience with healthcare law and clients, having represented healthcare systems, hospitals, pharmacies, nursing facilities, and healthcare professionals in criminal, civil fraud, regulatory, and affirmative matters. For more than a decade, he has guided clients—healthcare providers, pharmacies, and others—through healthcare investigations, disputes, and litigation.

Experience

Public companies, private companies, nonprofits, and governments have asked Brian to conduct sensitive independent investigations in response to serious allegations of wrongdoing or similar concerns. His work, at times, has spurred meaningful organizational changes, such as leadership turnover, remediation, self-reporting, and cooperation with law enforcement. At other times, his work has convinced law enforcement agencies or the public that allegations of wrongdoing lacked substance.

Brian is also a passionate and creative litigator. He has frequently challenged federal and state government overreach, obtaining victories at appellate, trial, and administrative levels. Brian thrives in novel cases, ranging from spearheading cutting-edge class action theories to obtaining dismissals with innovative defenses. A prominent legal columnist called him “shrewd” and gave him “credit for writing [papers] that piqued [the Court’s] curiosity” in order to prevail in a unique case.

Education