Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo

Brian D. Schneider

Brian Schneider, Associate at Arent Fox
Brian D. Schneider
Washington, DC

As a former management consultant, Brian approaches every engagement with an emphasis on business strategy. He counsels health care companies, trade associations, and others at the intersection of market strategy, government regulation, antitrust, and risk management.  As an experienced litigator, he collaborates with clients to balance dispute resolution with the attendant costs. He litigates disputes involving complex federal and state regulatory schemes, reimbursement disputes with Medicare and commercial payers, class actions, and international arbitrations. Brian regularly coordinates defensive strategy in response to government investigations and civil actions stemming from False Claims Act, Anti-Kickback, Stark, and antitrust matters, with an emphasis on cost management and risk mitigation.

Previous Work

Prior to law school, Brian was a management consultant, providing pharmaceutical 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 as well as with the Commercial Litigation Branch of the US Department of Justice.

Publications, Presentations, and Recognitions

  • Named a DC Rising Star by Super Lawyers Magazine (2014)
  • Named to the Legal 500 of top DC health care lawyers (2013)
  • Co-editor of an upcoming book on health care litigation and risk management, including co-writing chapters on government investigations, False Claims Act litigation, health care antitrust litigation, and pharmaceutical pricing fraud.
  • Spoke on October 14, 2014 at the Automotive Sales Council’s annual fall meeting in a presentation entitled “Downstream Pricing: Legal and Strategic Alternatives,” which addressed options for auto parts suppliers to manage reseller pricing, including unilateral minimum advertised pricing (MAP) and resale price agreements.
  • Recently moderated a panel at The Food and Drug Law Institute’s Enforcement, Litigation and Compliance Conference discussing developments in False Claims Act litigation, exclusion risks, and related defense strategies.
  • Authored an article featured in Lexology titled, "Justice Department Continues to Pursue Auto Parts Price-Fixing Indictments."
  • Spoke at the August 2013 Automotive Aftermarket Suppliers Association's Special Summit on the topic, "Minimum Advertised Price: Legal and Strategic Options."
  • Authored an article featured July 24, 2013 in Law360 titled, “Creditors May Collaborate To Avoid Borrower Default.”
  • Co-authored an article featured in the April 2013 edition of the National Association of College Stores’ Campus Marketplace e-Newsletter titled, “Supreme Court Opens Market for Importation and Sale of Foreign-Made Textbooks.”
  • Presented to the National Foundation for Credit Counseling’s membership on the topic, “When Does a Nonprofit Risk Being Treated Like a For-Profit?”
  • Wrote Accounting for Charitably Provided Health Care in Antitrust Policy.

Client Matters

Recent matters include:

  • Managing pre-litigation strategy in response to False Claims Act-related subpoenas issued by the Department of Justice on a large hospital system, a multi-billion dollar durable medical equipment manufacturer, a distributor of medical supplies, and a therapy services provider.
  • Serves as outside general counsel to several trade associations, counseling them on antitrust compliance, governance, membership and trademark strategy, and risk management, in addition to pursuing antitrust and false advertising claims on behalf of members.
  • Pursuing millions of dollars in health care provider reimbursements from Medicare and commercial benefit plans on behalf of health care providers.
  • Advising manufacturers and trade associations on collaborative conduct and pricing strategy.
  • 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 (SDNY).
  • Representation of a pharmaceutical company in False Claims Act litigation in United States, ex rel Conrad v. Actavis Mid-Atlantic, et al (D. Mass.).
  • Representation of several pharmaceutical manufacturers in connection with the Average Wholesale Price (AWP) litigation throughout the country.
  • Obtained complete reversals of the revocations of Medicare Supplier Numbers for two medical device (DMEPOS) suppliers.
  • Representation of several manufacturers in ongoing mass action litigation in D.C. Superior Court alleging that cell phone radiofrequency emissions caused the plaintiffs’ brain cancer.
  • Pursuing on a pro bono basis the civil rights claims of District of Columbia nursing facility residents in Thorpe, et al. v. DC (DDC).

Blog Posts by Brian D. Schneider

International Corporate, Importation & Immigration
Estee Lauder (Finally?) Wins Dismissal of Retailer’s Contract Termination Antitrust Claims

Has Estee Lauder built such significant brand value that a retailer is doomed if it cannot stock Estee Lauder’s products on its shelves? This is the question Duty Free Americas asked a federal appeals court to once again consider after both the district court and the appeals court said “no.” The courts’ decisions confirm that manufacturers usually are free to choose with whom they will deal, and who may be cut off.

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E-Commerce, Online Distribution & Fulfillment, Advertising, Data Collection & Privacy
Incentives and Promotions in the Fashion Arena: The FTC Weighs In

Fashion designers’ retail pricing and promotional strategies have quickly evolved in the last decade, with Internet channels dramatically altering distribution and sales tactics. Many designers craft tactics to carefully differentiate their contract terms among retailers, from high-end, brick-and-mortar stores to Internet retailers and others. The Federal Trade Commission (FTC) recently updated its decades-old guidance on promotional allowances and how they may constitute price discrimination (available here). The FTC’s guidance confirms that designers should offer similar terms to competing retailers, including e-tailers, while long-standing options for tailored pricing remain firmly in place.

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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.