James P. Kidder

Jim Kidder is an accomplished and skilled lawyer who has demonstrated success enhancing business potential and minimizing risk by identifying and solving complex health care regulatory issues.  His cross-disciplinary health care practice includes regulatory counseling, litigation, transactions, and investigations.

Jim’s extensive legal career is diverse and widespread.  He began as an associate at O’Melveny, focusing on counseling health care organizations on state and federal Anti-kickback and Stark laws, corporate practice issues, compliance matters, Medicare and Medicaid reimbursement, licensing, and privacy issues.  Jim then joined a multi-state dental management service company, where he served as Senior Counsel – Health Care and Senior Director – Compliance for almost five years.  During Jim’s in-house tenure, he led the organization’s compliance and ethics program, managed the organization’s government affairs activities, managed a multi-state litigation docket, and counseled the organization regarding health care regulatory matters.  Jim rejoined O’Melveny in 2016.

Regulatory Counseling and Investigations

Represented health care companies in regulatory matters before government agencies and conducted internal investigations regarding health care regulatory issues:

• Defending a national managed care organization in a qui tam False Claims Act investigation into compliance with Medicare Advantage regulations.
• Defending a major national managed care company in a state attorney general investigation into cancellations of individual health insurance policies as well as a subsequent internal investigation.
• Representing a specialized managed care company in regulatory actions before the California Department of Managed Health Care.
• Counseling a pharmacy benefit manager related regarding compliance with federal and state health care fraud and abuse laws.  

Litigation

Managed all aspects of pretrial discovery, motion practice, trial, and appellate practice for multiple complex federal and state civil litigation matters.

• Successfully defending a government contractor in a California unfair competition action through pre-trial activities, trial, and before the California Supreme Court.
• Representing a major national managed care company in the In Re Managed Care Litigation.  
• Defending a specialized managed care company in a purported California unfair competition action. 

Transactions and Financings

• Representing a private equity fund in its sale of a national dental practice management company.
• Representing a private equity fund in a leveraged buyout of a dental practice management company.
• Representing a private equity fund in its acquisition of an emergency physician staffing company.
• Representing underwriters in multiple bond offerings by a group of academic medical centers.
• Representing a private equity firm in its proposed acquisition of a large multi-state hospital company.
• Representing a clinical laboratory and anatomical pathology practice in its sale to a world-wide medical diagnostics company.
• Representing a private equity fund in its acquisition of a health plan and related medical group.