High-stakes litigation

Aurelian high-stakes litigation:

  • We have handled both sides of government litigation — as lawyers for those facing off against the government and, in past positions, as government lawyers ourselves.

    We represent clients affirmatively suing government agencies and clients standing firm against government action.

    Our lawyers have litigated prominent cases against the U.S. Department of Justice, the Office of the New York Attorney General, and the U.S. Securities and Exchange Commission.

  • Healthcare litigation is special. It requires lawyers familiar with healthcare laws and healthcare values. Our lawyers are well versed in healthcare litigation, particularly in federal and New York State courts. We have represented hospitals, clinics, nursing and rehabilitation facilities, pharmacies, and medical professionals.

    Our lawyers have handled a wide variety of dispute against vendors, insurers, and agencies. Among other things, we have handled many disputes surrounding the 340B drug discounts program and payor reimbursement issues.

  • Our lawyers have litigated False Claims Act matters for more than a decade.

    We have deep experience with all sides of FCA cases, having served as government counsel, plaintiffs’ counsel, and, most often, defense counsel.

    Our experience goes far beyond defending clients in the investigation phase. We actively litigate FCA cases in federal and New York State courts. That experience means that we can advise our clients on realistic outcomes in FCA litigation and guide our clients to optimal results.

  • Everything is at stake in an appeal.

    Our attorneys have won victories at all levels of federal and state courts. Clients turn to us for representation and advice in critical appeals, even where we were not involved at the trial level.

    We are passionate about appellate briefing and thrive in appellate courtrooms.

Illustrative experiences of Aurelian attorneys from prior representations before founding Aurelian Law:

Avon Nursing & Rehab. v. Becerra, 995 F.3d 305 (2d Cir. 2021). Aurelian partner Brian M. Feldman obtained this groundbreaking precedent allowing healthcare entities to challenge healthcare rules via pre-enforcement APA suits. As the New York Law Journal explained, this “first-of-its kind decision . . . opened the door for health care organizations to sue in federal court over government rule-making that could violate the Medicaid Act.”

Torres v. Madrid, 592 U.S. __, 141 S. Ct. (2021). In this Supreme Court criminal procedure case, which strengthened the Fourth Amendment's limits on abusive policing and broadened citizen's ability to seek recourse for civil rights violations, Chief Justice John G. Roberts concluded that the historical sources marshaled by Aurelian appellate lawyer Sheila Baynes in the winning briefs "speak with virtual unanimity."

Killmer, Lane & Newman, LLP v. BKP, Inc., 535 P.3d 91 (Colo. 2023). In this decision, the Colorado Supreme Court adopted the litigation privilege arguments developed and argued by Aurelian partner Brian M. Feldman to protect lawyers from retaliatory defamation litigation. The precedent led legal commentators to caution litigants to “exercise caution and pick their battles,” rather than raise defamation claims against opposing counsel.

Sony Music Entertainment v. Cox Communications, __ F.4th __ (4th Cir. 2024). In this closely-watched appeal of an unprecedented $1 billion copyright infringement award premised on novel extensions of secondary liability against an internet service provider, Aurelian Counsel Sheila Baynes contributed to briefing that overturned the judgment and earned “Litigator of the Week” recognition from Litigation Daily.

Rochester Drug Co-operative v. Hiscox Insurance, 466 F. Supp. 3d 337 (W.D.N.Y. 2020). When his healthcare client was on the brink of a massive (and massively expensive) litigation that its liability insurance company was refusing to cover, Aurelian partner Brian M. Feldman teamed up with coverage counsel to obtain this preliminary injunction ordering the insurer to advance the client’s fees and costs in that litigation.

Irvin v. Harris, 944 F.3d 63 (2d Cir. 2019). The U.S. Court of Appeals adopted the arguments of Aurelian partner Brian M. Feldman to issue this doubly important decision — first, because it established procedural protections for class members facing the termination of consent decrees and, second, because, in practice, it reversed actions that deprived a class of infirm New York State prisoners of vital healthcare protections.

United States v. Deutsche Bank AG, 11 Civ. 2697 (S.D.N.Y.). As an Assistant U.S. Attorney in the Southern District of New York, Aurelian partner Brian M. Feldman filed this False Claims Act case targeting reckless lending practices precipitating the 2008-09 housing crisis. The case settled for a quarter billion dollars and blazed the trail for billions of dollars of recoveries in a host of FCA cases copying this model.

Amnesty International USA v. CIA, 07 Civ. 5435 (S.D.N.Y.). In this long-running War-on-Terror era litigation, Aurelian partner Brian M. Feldman and his AUSA colleagues successfully protected vital intelligence community material.