Brian D. Schneider

Client Matters

• Co-chairs the firm’s Associations and Nonprofits group.
• Serves as outside general counsel to trade associations, foundations, multiple listing services (MLSs), and technology firms, partnering with their leadership teams to address day-to-day legal needs, governance challenges, employee and contractor issues, and compliance with antitrust, data privacy, and other risk management compliance imperatives.
• Advises on vendor and partnership relationships by crafting and negotiating contracts that protect business interests.
• Partners with leadership, in-house counsel, and staff to develop practical solutions to address risks in advance.
• Manages workflows to align with clients’ service and budget needs.
• Advises and delivers workshops on board governance, a topic about which Brian is a frequent author:
  • How Can Our Board Work Better? A Brief, Practical Guide to Legal Considerations for Trade Association Board Governance
  • Trade Association Governance: Policies That Support the Three “Executives” — the Executive Committee, Executive Session, and Chief Executive
  • Removing Board Members - A Delicate Balance for Trade Association Boards

Antitrust Counseling

• Advises clients across industries 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 antitrust, breach of contract, class actions, and other commercial disputes in court and in domestic and international arbitrations, regularly appearing before judges, arbitrators, and mediators.
• Pursues millions in health care provider reimbursements from commercial benefit plans, pursuing contract and ERISA-based remedies, in addition to defending against overpayment and recoupment claims.
• Represents trade associations in disputes with members, vendors, employees, and directors.
• Examples of Brian’s litigation experience include:
  • Obtaining 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.
  • Defending MLSs against antitrust claims in PLS.com v. NAR et al, C.D. Cal. 2:20-cv-04790.
  • Defending REALTOR® associations and MLSs in multiple antitrust class action lawsuits challenging cooperative compensation paid by brokers.
  • Defending 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.).
  • Pursuing 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 from litigants, the Department of Justice, the Federal Trade Commission, and state attorneys general related to:
  • Antitrust compliance, including price-fixing, discriminatory pricing under the Robinson Patman Act, and employee non-competes
  • Association activities
  • Real estate information (MLS data)
  • A nonprofit’s relationship with manufacturers and distributors
  • 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

Publications, Presentations & Recognitions

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

• Named on the 2025 Swanepoel Power 200 List
• Named a DC Rising Star by Super Lawyers Magazine
• Named to the Legal 500 of top DC lawyers
• 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. Brian co-authored chapters on government investigations, antitrust litigation, and pricing.
• Delivers trainings and workshops on association board policies and governance, antitrust trends and strategies, how to integrate Robinson-Patman Act compliance into pricing strategy, and resale price maintenance (RPM) and minimum advertised price (MAP) tactics.
• Presenter and author of articles impacting the auto parts, credit counseling, higher education, and college store industries.

In the News

Brian has been quoted or interviewed in the following articles:

• “Advice For Real Estate Professionals As $418 Million Settlement Rules Take Effect,” The Mortgage Note, August 12, 2024
• “What to Keep in Mind as NAR’s ‘Remarkable Deal’ Becomes Reality,” Stephanie Reid-Simons, Real Estate News, July 21, 2024

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 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 laughing with their two daughters as they grow up in the District. He also serves on the board of the Washington Lawyers’ Committee for Civil Rights.