Brian D. Schneider

Client Matters

Trade Associations, MLSs, and Technology Firms

• Co-chairs the firm’s Associations and Nonprofits Industry Group.
• Serves as outside general counsel to trade associations, foundations, multiple listing services (MLSs), and technology firms, counseling them on antitrust compliance, governance, membership, contracts, trademark strategy, employment matters, and risk management.
• Advises on vendor and partnership relationships by crafting and negotiating custom contracts that protect business interests.
• Partners with leadership, in-house counsel, 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 trade associations, manufacturers, and technology and service firms on collaborative conduct and pricing strategy.
• Serves as antitrust counsel at industry meetings, to facilitate discussion and engagement.
• Crafts resale price and related marketing strategies.
• Pursues and defends against antitrust and false advertising claims.

Litigation

• Aggressively litigates breach of contract actions and other disputes in court and in domestic and international arbitrations, regularly appearing before judges, arbitrators, and mediators.
• 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. 
• Obtained a unanimous decision from the Indiana Supreme Court on preemption issues governing health care network contracts, arguing the case before each level of appellate court.
• Represents trade associations in disputes with members, vendors, employees, and directors.
• Defending MLSs against antitrust claims in PLS.com v. NAR et al, C.D. Cal. 2:20-cv-04790.
• 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.).
• Pursued 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.).
• Manages investigations and litigation in response to civil subpoenas and Department of Justice investigations related to:
  • Real estate information (MLS data);
  • 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 nonprofit’s relationship with manufacturers and distributors.

Publications, Presentations & Recognitions

Brian is a frequent writer and speaker on compliance and litigation matters. 

• Named a DC Rising Star by Super Lawyers Magazine (2014, 2015, 2016, 2017)
• Named to the Legal 500 of top DC health care lawyers (2013)
• Co-presented a PLI webcast on "Emerging Risk Management and Litigation Issues for Health Care Organizations: What Keeps Us Up at Night?" (2015)
• Co-editor of Health Care Litigation and Risk Management Answer Book 2015, a comprehensive and definitive book for health care industry leaders focused on risk management and litigation. The Answer Book covers 22 chapters spanning the industry’s strategic challenges, including government regulation and investigations, the False Claims Act, the Stark law, the Anti-Kickback Statute, HIPAA, and EMTALA, as well as major areas of private litigation risk, such as employment litigation and insurer/provider disputes. The Answer Book also provides analysis of compliance strategies to avoid investigations, fines, and litigation. Brian co-authored chapters on government investigations, False Claims Act litigation, health care antitrust litigation, and pharmaceutical pricing fraud.
• Presents workshops on resale price maintenance (RPM) and minimum advertised price (MAP) strategies at the Automotive Aftermarket Suppliers Association's Special Summit on the topic, "Minimum Advertised Price: Legal and Strategic Options," and Automotive Sales Council’s annual fall meeting.
• Presenter and author of articles impacting the auto parts, credit counseling, and  college store industries, including an article featured in Lexology titled, "Justice Department Continues to Pursue Auto Parts Price-Fixing Indictments;" an article featured in Law360 titled, “Creditors May Collaborate To Avoid Borrower Default;” an article featured in the National Association of College Stores’ Campus Marketplace e-Newsletter titled, “Supreme Court Opens Market for Importation and Sale of Foreign-Made Textbooks;” and a presentation to the National Foundation for Credit Counseling’s membership on the topic, “When Does a Nonprofit Risk Being Treated Like a For-Profit?”

Previous Work

Brian has proudly spent his entire legal career at ArentFox Schiff, starting as a summer associate during law school.

Prior to law school, Brian was a management consultant, providing clients with a range of strategic guidance involving pricing, marketing initiatives, acquisition analysis, and long-term research and development planning.

During law school, Brian interned with the Honorable Thomas A. Wiseman of the US District Court for the Middle District of Tennessee and with the Commercial Litigation Branch of the US Department of Justice.

Life Beyond the Law

Brian spends his free time with his wife corralling their two daughters as they grow up in the District. Whenever he can, he cheers on his hometown Red Sox, and his new home team, the Nationals.