David Deaton, a nationally recognized leader in health care law and Chair of O’Melveny’s Health Care Practice, represents major health insurers and other health care companies in complex, high-stakes regulatory, enforcement, and business matters. David conducts internal investigations for health care companies and audit committees, and he defends them in federal and state enforcement inquiries. He also counsels buyers and sellers in mergers and acquisitions and health care companies facing strategic business challenges and opportunities. In over 18 years at the firm, David has assembled a record of experience in the increasingly contested fields of state and federal anti-kickback and self-referral law (e.g., the Stark laws), Medicare and Medicaid reimbursement law, state and federal privacy law, and managed-care regulation. He frequently writes and speaks on these issues for national audiences and has been named one of the country’s “Outstanding Healthcare Fraud & Compliance Lawyers” by Nightingale’s Healthcare News.
Honors & Awards
- Ranked by Chambers USA for Healthcare (2021-2022)
- The Legal 500 US in both White Collar Criminal Defense (2015, 2019) and Healthcare: Health Insurers (2015-2022)
- Nightingale’s “Outstanding Healthcare Fraud & Compliance Lawyers 2009”
- Nightingale’s “Outstanding Young Healthcare Lawyers 2006”
Admissions
Bar Admissions
Court Admissions
- US District Court, Northern District of California
Education
- Southern Methodist University, J.D., 1999: magna cum laude; Order of the Coif; Comments Editor, SMU Law Review
- University of California, Irvine, B.A., History, 1992
Professional Activities
Author
- “Critical Questions To Consider About The ACA,” Law360, co-authored with Michael Maddigan and Stephen Sullivan (October 30, 2013)
- "Trepidation Over Health Insurance Exchanges,” The Daily Journal, co-authored with Stephen Sullivan (June 12, 2013)
- “The Affordable Care Act, Public Expectations, and the Road to Litigation: An Issue Spotter for Insurers and Risk-Bearing Providers,” AHLA Connections, Volume 17 Issue 2, co-authored with Stephen Sullivan (February 2013)
- “Navigating the Rising Legal Waters in Managed Care,” American Health Lawyers Association’s Fraud & Abuse newsletter, Volume 1, Issue 4, co-authored with Patricia Kuo and Stephen Sullivan (December 2012)
- “Is Sorrell the Death Knell for FDA’s Off-Label Marketing Restrictions?” Journal of Health & Life Sciences Law, co-authored with David Leviss and Caitlin Bair (February 2012)
- “Distressed Healthcare: Significant Considerations for Buyers, Sellers, and Lenders Arising from the Intersection of Healthcare and Bankruptcy Laws,” Journal of Health & Life Sciences Law, co-authored with Stephen Warren and Andrew Parlen (January 2010)
- “Enforcement Related to Off-Label Marketing and Use of Drugs and Devices: Where Have We Been and Where Are We Going?” Journal of Health & Life Sciences Law (January 2009)
- “Practice Management Companies—Practice Pointers from Recent Case Law,” American Health Lawyers Association’s Hospitals & Health Systems Rx newsletter, Volume 10, Issue 2 (June 2008)
- “Medicine, Law, and Business: Strange Bedfellows in the Pharmaceutical and Medical Device Industries,” Criminal Litigation (Vol. 7, No. 1, Fall 2007)
- “What is ‘Safe’ About the Government’s Recent Interpretation of the Anti-Kickback Statute Safe Harbors? . . . and Since When was Stark an Intent-Based Statute?,” Journal of Health Law (Fall 2003)
Member
- American Bar Association, Health Law Section
- American Health Lawyers Association
- Health Care Compliance Association
- Los Angeles Bar Association, Health Law Section
- Law360 Health Advisory Board
Lecturer
- American Bar Association
- Bloomberg BNA
- American Health Lawyers Association
- Health Care Compliance Association
Speaker
- “World Recognition of Distinguished General Counsel,” Directors Roundtable (Feb 2014)