Brian C. Vick

Brian Vick has a diverse health care, commercial litigation and information governance practice with a particular emphasis on health care regulation, investigation, and litigation, unfair competition, antitrust, trade regulation, and electronic discovery. He has represented a diverse group of clients including health insurers, pharmaceutical companies, vaccine manufacturers, hospital systems, academic health centers, hospital medical staffs, long-term care facilities, medical practices, physicians, environmental laboratories and consultants, satellite television providers, banks, home security providers, and defense and aerospace contractors.

Brian Vick focuses his practice on commercial litigation, health care, and electronic discovery. Mr. Vick routinely represents businesses in complex commercial litigation involving both individual and class claims of trade secret misappropriation, consumer fraud, unfair trade practices, breach of fiduciary duty, breach of contract, tortious interference, racketeering, and antitrust violations.

As part of his health care practice, Mr. Vick represents and advises health care providers, insurance companies, long-term care facilities and pharmaceutical manufacturers on insurance fraud, antitrust compliance, privacy and security of patient data, Certificate of Need regulation, and physician licensure. Mr. Vick has experience defending medical practices, insurance companies, and individual providers in federal court against fraud claims filed under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) and antitrust claims filed under Sections 1 and 2 of the Sherman Act.

As a member of the firm’s eDiscovery and Information Governance section, Mr. Vick has managed all aspects of electronic discovery in litigation, including preservation, collection, review and production of electronically-stored information. Mr. Vick also advises clients on information governance issues, including document retention, litigation response, preservation, privacy, and security.

Representative Matters:

• Defense of a dietary supplement manufacturer in consumer fraud class action seeking $180 million under the federal RICO statutes
• Defense of a health insurer against antitrust claims seeking $60 million based on the company’s management of its provider network
• Defense of a medical practice against claims of insurance fraud seeking $3 million under the federal RICO statutes
• Defense of an environmental testing laboratory against $15 million claims of trade secret misappropriation and unfair competition
• Representation of a Fortune 500 company in an action filed to recover trade secrets stolen by a former employee
• Defense of a hospital system in an administrative challenge to a Certificate of Need issued for an ambulatory surgery center

Mr. Vick is licensed to practice in North Carolina and earned his law degree summa cum laude from the University of Georgia School of Law, where he was a member of the Georgia Law Review and was inducted into the Order of the Coif. Prior to joining the firm, Mr. Vick served as a judicial law clerk to the Honorable Allyson Duncan on the U.S. Court of Appeals for the Fourth Circuit and to the Honorable Joel Dubina on the U.S. Court of Appeals for the Eleventh Circuit.

Speaking Engagements

• Co-Presenter, “Challenges for Cause in Jury Selection,” North Carolina Association of Defense Attorneys, Fall Meeting, Greensboro, North Carolina, October 2011

• Co-Presenter, “The North Carolina E-Discovery Rules In A Banking Environment,” Client Seminar, Raleigh, North Carolina, October 2011

• Co-Presenter, “Access to Electronic Health Records and e-Discovery in Investigations and Litigation,” Virginia Hospital and Health Care Association, Webinar, September 2011

• Co-Presenter, “E-Discovery Rules Arrive In North Carolina,” Williams Mullen CLE Seminar, Raleigh, North Carolina, September 2011

• Presenter, “Iqbal v. Ashcroft - A New Approach to Federal Rule 12(b)(6) and its Relevance to North Carolina,” North Carolina Association of Defense Attorneys, Annual Meeting, Hilton Head, South Carolina, June 2010