Brian C. Lewis is a counsel in the Health Care and Antitrust & Competition groups in Crowell & Moring's Washington, D.C. office.
Brian represents health care entities in complex litigation and antitrust matters. He litigates in federal, state, and arbitral forums, with a particular focus on complex commercial disputes. In his antitrust practice, Brian represents clients in a range of antitrust matters, including civil antitrust litigation, mergers and acquisitions, joint ventures, and issues related to compliance with the Hart-Scott-Rodino Act. Brian’s clients include health insurers, managed care organizations, behavioral health plans, pharmacy benefit management companies, and health systems.
Brian maintains an active pro bono practice, representing criminal defendants through the Maryland Office of the Public Defender pro bono program and also serving as an associate trustee for the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.
During law school, Brian represented criminal defendants in D.C. Superior Court through the Criminal Justice Clinic. He also served on the American Criminal Law Review as an editor for the Annual Survey of White Collar Crime. In addition, Brian interned for the fraud sections of the Department of Justice and the U.S. Attorney’s Office for the District of Columbia.
Affiliations
Professional Activities and Memberships
- American Health Lawyers Association
- American Bar Association Antitrust and Health Law Sections
- Hispanic Bar Association of D.C.
Representative Matters
- Representing multiple Blue Cross and Blue Shield companies in multi-district litigation class actions asserting nationwide and state antitrust claims.
- Representing Humana in its proposed $37 billion merger with Aetna and related litigation brought by the U.S. Department of Justice.
- Representing a health system before the Federal Trade Commission in a proposed merger.
- Representing corporate officers of a pharmaceutical corporation in connection with a government False Claims Act investigation.
- Representing a health plan in a putative class action in which a consumer class alleged violation of ERISA in the denial of behavioral health treatment claims.
- Representing a large health insurer in multiple arbitration proceedings involving a Medicare Advantage dispute.
- Representing a national pharmacy benefits management company in the creation of a mail and specialty pharmacy joint venture with a major retail pharmacy corporation.
- Representing a Medicaid managed care organization in complex litigation with a state concerning actuarial soundness of capitation rates, government contracting, and related performance and transition of care issues.
Publications
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"Health Care Provider Mergers: Navigating Antitrust Issues in the Merger Review Process," AHLA Annual Meeting
(June 2018).
Authors: Alexis J. Gilman and Brian C. Lewis.
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"Antitrust in Health Care Provider Mergers & Acquisition: What In-House and Outside Deal Counsel Should Know," AHLA Business Law & Governance Practice Group Newsletter
(May 2018).
Authors: Alexis J. Gilman, Brian C. Lewis, Joseph M. Miller and Mary Anne Mason.
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"Health Plan Merger Monopsony Enforcement: Recent Considerations," AHLA Newsletter
(November 15, 2017).
Authors: Joseph M. Miller and Brian C. Lewis.
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"Monopsony And Health Plan Mergers: Does Anthem-Cigna Signal A Shift In Policy?" Competition Policy International (CPI)
(September 6, 2017).
Authors: Joseph M. Miller, and Brian C. Lewis.
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"What Does DOJ and FTC’s Recent Antitrust Guidance Mean to Health Care Human Resource Professionals?" AHLA Executive Summary
(March 2017).
Authors: Brian C. Lewis and Joseph M. Miller.
Client Alerts & Newsletters
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"Court Preliminarily Approves $575 Million Antitrust Settlement Limiting Sutter Health’s Contracting Practices, While Another Grants Partial Summary Judgment for Sutter,"
Antitrust Law Alert
(March 15, 2021).
Contacts: Alexis J. Gilman, Brian C. Lewis
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"Managed Care Lawsuit Watch - February 2017,"
Managed Care Lawsuit Watch
(February 2, 2017).
Contacts: Christopher Flynn, Peter Roan, Brian C. Lewis, Rochelle-Leigh Rosenberg, Lauren R. Nunez
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"Managed Care Lawsuit Watch - August 2016,"
Managed Care Lawsuit Watch
(September 6, 2016).
Contacts: Christopher Flynn, Peter Roan, Lauren R. Nunez, Rochelle-Leigh Rosenberg, Joe Records, Brian C. Lewis
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"Managed Care Lawsuit Watch - March 2016,"
Managed Care Lawsuit Watch
(March 29, 2016).
Contacts: Christopher Flynn, Peter Roan, Roma Sharma, Rochelle-Leigh Rosenberg, Brian C. Lewis, Lauren R. Nunez
Firm News & Announcements