Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel

Brian D. Schneider

Brian D. Schneider
Washington, DC

Brian approaches every engagement with an emphasis on the client’s business objectives. As a former management consultant, he partners with clients to craft their legal strategies; manage antitrust, health care, and other compliance risks; and navigate dispute resolution and litigation.

For emerging and established trade associations, foundations, and technology firms, Brian works alongside clients’ leadership, boards, and staff as outside general counsel to manage their legal needs in line with their business plans. He advises on antitrust, governance, contracting, and day-to-day legal matters, leveraging the breadth and depth of Arent Fox’s legal team to deliver a full range of legal guidance. Brian delivers custom solutions for clients in diverse industries, including auto parts, finance, education, health care, retail, and real estate.

For health care companies, Brian pursues payments from commercial payers, responds to government investigations, and prepares and implements compliance programs. He litigates disputes involving complex federal and state regulatory schemes, reimbursement disputes with Medicare and commercial payers, class actions, and international arbitrations. Brian has extensive experience coordinating clients’ strategies in response to civil actions stemming from the False Claims Act, the Anti-Kickback Statute, the Stark law, antitrust laws, and contract claims, with an emphasis on balancing dispute resolution with business objectives.

Client Work

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.

Health Care Investigations and Litigation

  • Manages investigations and litigation in response to False Claims Act subpoenas issued by the Department of Justice related to:
    • A large hospital system’s compensation of physicians;
    • A leading medical equipment manufacturer and its relationship with hospitals and durable medical equipment suppliers;
    • A distributor of medical supplies and its relationship with manufacturers;
    • A therapy services provider’s Medicare billing; and
    • A non-profit’s relationship with manufacturers and distributors.
  • Pursues millions of dollars in health care provider reimbursements from commercial benefit plans. These representations 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.).
  • Represents 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.
  • Represents 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.).

Read More

View Brian's full bio here.



Blog Posts by Brian D. Schneider

Advertising, Mobile Marketing, Social Media
Online Retailer and Executive Plead Guilty to Price-Fixing Conspiracy Conducted Via Social Media and Text Messaging

An online retailer and its president recently pled guilty to a price-fixing conspiracy for customized promotional products that was implemented through text messaging and social media platforms. The successful prosecutions are the latest in the Department of Justice’s ongoing antitrust investigation into the online promotional products industry.

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.