Brian is widely regarded as one of the foremost authorities in the United States on the corporate practice of dentistry, illegal fee splitting and related regulations, including advertising, laboratory, patient finance, billing, HIPAA, credentialing, permit and licensure, and labor law regulations affecting dental practices.
Brian specializes in the representation of DSOs nationwide in the following areas:
- Creating regulatory compliant business models and conducting ongoing compliance on a broad range of issues affecting DSOs.
- Defending DSOs in all manner of litigation and regulatory actions including Dental Board Investigations, State Attorney General Investigations, Federal Investigations, and private legal proceedings involving affiliated doctors
- Assisting Private Equity Investors in buying, selling or investing in DSOs
In recent years Brian has successfully resolved on behalf of his clients several significant civil and criminal Medicaid fraud investigations and state dental board actions alleging the corporate practice of dentistry, fee splitting, and related violations, and he is the “go-to” person in the industry for all manner of regulatory issues. Brian has also handled, as lead regulatory counsel, some of the most significant transactions in the industry on behalf of buyers, sellers, lenders or potential investors. In recent years Brian has handled over 100 significant dental transactions representing in excess of $6 billion of the total value. Brian also assists lenders in conducting due diligence prior to extending credit to Dental Service Organizations.
Brian currently has clients in 46 states and has appeared before 37 separate state dental boards. Brian got his start in this industry approximately 15 years ago when he represented a group of 90 orthodontists in litigation with OrthAlliance, Inc. and Orthodontic Centers of America and handled cases of first impression involving the corporate practice of dentistry and fee splitting in 18 states that resulted in legal opinions that defined and established the law in this area.