Brian M. Feldman

Partner

Phone: (585) 542-1200

Brian M. Feldman Partner

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

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 litigations. 

For years, Brian has been the sole lawyer located outside New York City ranked by Chambers USA in the New York White-Collar Crime & Government Investigations category. Many of his S.D.N.Y. peers now serve as judges or partners at AmLaw100 firms.  But Brian relishes the ability to work directly with clients across diverse matters, doing justice in individual cases with broad perspective on crisis management, investigations, and litigation.  

Government Service

Office of the U.S. Attorney for the Southern District of New York (Manhattan)

Senior Litigation Counsel, S.D.N.Y., 2010-2011

Assistant U.S. Attorney, S.D.N.Y., 2006-2011

Clerkship

Hon. Richard C. Wesley, Circuit Judge, U.S. Court of Appeals for the Second Circuit

Law Clerk, 2004-2005

Education

University of Virginia School of Law, 2003, J.D.

Dartmouth College, 2000, A.B

Admissions

New York State

District of Columbia

S.D.N.Y., E.D.N.Y., N.D.N.Y., W.D.N.Y.

D. Colo.

U.S. Courts of Appeals for Second Circuit, Fifth Circuit, and Federal Circuit

Recognition

Chambers USA in 2021-2024 Litigation: White-Collar Crime & Government Investigations (NY)

AV Preeminent® Peer Review Rated by Martindale-Hubbell (see http://www.martindale.com/ratings)

Rising Star Award, New York Law Journal, 2018

Professional Service

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

Professional Highlights

Trailblazing False Claims Act theories. Brian developed the first major FCA 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 FCA matters, most often advising and defending healthcare providers, educational institutions, and nonprofits.

Probing executive practices. At an arbitration hearing and at deposition, Brian examined former Uber CEO and founder Travis Kalanick to advance the efforts of a putative class in the groundbreaking gig-platform antitrust case, Meyer v. Kalanick.  Brian’s motion-to-dismiss victory in that case, 174 F. Supp. 3d 817 (S.D.N.Y. 2016), has been the subject of antitrust casebooks and law review articles.

Litigating historic SDNY 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.

Defending lawyers’ speech. Brian designed a winning litigation privilege argument that he pressed from a state trial court through to the Colorado Supreme Court, reversing an intermediate appellate court. The win protected a public interest law firm from liability for its speech advancing the interests of low-wage workers.

Navigating thorny 340B drug discount issues.  Brian has unique depth with the 340B drug discount program.  For more than a decade, he has guided clients—healthcare providers, pharmacies, and others—through 340B-related investigations, disputes, and litigation.  Currently, he is spearheading an antitrust class action on behalf of 340B covered entities nationwide.

Achieving pro bono victories. Some of Brian’s most important work has always been his pro bono cases. A long-serving member of the Second Circuit’s Pro Bono Panel, Brian has won significant appeals that have transformed client outcomes and created heavily cited precedents to help many others in future cases.