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Practice Areas: Civil Litigation, Commercial Litigation, Government and Internal Investigations, Health Care Professionals, Health Systems and Hospitals

Additional Information:

Brian Feldman is a former Assistant United States Attorney with a wealth of federal litigation and government investigation experience. His practice focuses on government investigations, internal investigations, and trials and appeals in federal and New York State courts.

Before joining Harter Secrest & Emery, Mr. Feldman spent six years with the United States Attorney's Office for the Southern District of New York in Manhattan, where he served as Senior Litigation Counsel and a member of the Civil Frauds Unit. During his time at the U.S. Attorney’s Office, Mr. Feldman represented the United States as lead counsel in more than a hundred cases, directing government investigations, leading trials and appeals, and counseling federal agencies on matters involving access to government records, bankruptcy, constitutional law, civil rights, customs, environmental law, federal programs, fraud, health care, immigration, national security, racketeering, tax, and tort. In addition to his substantial trial experience, Mr. Feldman has briefed and argued cases before the United States Courts of Appeals.

At Harter Secrest & Emery, Mr. Feldman frequently represents businesses and individuals facing federal and state investigations and conducts internal investigations for clients responding to allegations of possible wrongdoing. Likewise, Mr. Feldman handles whistleblower actions, representing both whistleblowers and defendants in qui tam suits under the False Claims Act and related statutes. In addition, Mr. Feldman regularly represents parties in prelitigation disputes and litigation, including matters in the federal courts.

Among his professional experiences, Mr. Feldman has:

Defended and represented businesses and individuals involved in federal and state investigations, 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 whistleblowers suits under the federal False Claims Act and the New York State False Claims Act, including cases involving health care, higher education, and financial fraud.
Represented businesses and individuals in commercial disputes, including 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.
Directed the federal government's investigation in United States v. Deutsche Bank AG, 11 Civ. 2967 (S.D.N.Y.), the first major False Claims Act action against a mortgage lender arising out of lending practices precipitating the housing crisis, a case that ultimately settled for more than $200 million.
Secured the dismissal of tax refund claims brought by the estate of James M. Henson, the creator of the Muppets, in Estate of James Henson v. United States, 05 Civ. 8212 (S.D.N.Y.).
Prosecuted violations of civil rights laws protecting persons with disabilities, including matters alleging violations of the accessibility provisions of the Fair Housing Act by designers of residential rental towers in Manhattan, see, e.g., United States v. CVP I, LLC, 08 Civ. 7194 (S.D.N.Y.), and matters alleging violations of the accessibility provisions of the Americans with Disabilities Act by owners and operators of hotels, see, e.g., United States v. GPH Management, LLC, 11 Civ. 6238 (S.D.N.Y.).
Managed litigation pursuant to an historic civil RICO consent decree over the International Brotherhood of Teamsters, United States v. International Brotherhood of Teamsters, 88 Civ. 4486 (S.D.N.Y.), including by prosecuting criminal contempt, monitoring international elections, and presenting FBI testimony to a courtappointed disciplinary board comprised of former Attorney General Benjamin R. Civiletti, former U.S. Attorney Joseph E. DiGenova, and former FBI and CIA Director William H. Webster.
Litigated First Amendment and Religious Freedom Restoration Act matters, including the class actions, Milstein v. Bureau of Prisons, 07 Civ. 7434 (S.D.N.Y.) and Kelly v. Lapan, 07 Civ. 4149 (S.D.N.Y.), regarding access to religious books.
Protected top-secret intelligence records and other significant records of the CIA, State Department, Pentagon, Justice Department, and Department of Homeland Security from disclosure in Amnesty International USA v. Central Intelligence Agency, 07 Civ. 5435 (S.D.N.Y.), a case brought under the federal Freedom of Information Act.