Kevin Feder

Kevin D. Feder is a healthcare litigator. He represents clients in trials and arbitrations, and focuses his practice on representing managed care payers in provider litigation and False Claims Act cases.

Kevin recently defended a large municipality in a seven-day jury trial, represented a family of health plans in a five-day arbitration, and argued an appeal in a long-running criminal case.

Kevin works collaboratively with his in-house and non-lawyer clients to tailor cost-effective litigation strategies that fit the needs of their business, then executes on those strategies by vigorously defending his clients’ interests in litigation.

Kevin believes that successful client engagement involves clear, up-front communication by outside counsel, coupled with tactical thinking, good listening skills, and a healthy dose of common sense.

Experience:

• Defended Medicare Advantage Organization in False Claims Act litigation concerning Medicare risk adjustment.
• Represented Humana health plans in a five-day commercial arbitration involving claims brought by a major hospital system.
• Defended the District of Columbia in a seven-day jury trial against alleged violations of the Whistleblower Protection Act, where jury awarded $0 in damages to alleged whistleblower.
• Represented ChoiceCare and Humana in over a dozen lawsuits and arbitrations brought by various hospital systems.
• Represent Cigna subsidiary in commercial arbitration brought by 11 hospitals.
• Represent Cigna-HealthSpring in connection with termination of participation agreement with large hospital.
• Represented Humana Military Healthcare Services, Inc., in federal district court litigation brought by 41 hospitals concerning outpatient reimbursement rates.
• Conducted investigations for a major health care organization concerning compliance with state and federal health care laws and regulations.
• Obtained voluntary dismissal of Samsung Electronics Co., Ltd., and Samsung Electronics America, Inc. by class plaintiffs and opt-out plaintiffs, in In Re: Cathode Ray Tube (CRT) Antitrust Litigation, MDL No. 1917 (N.D. Cal.).
• Argued appeal of criminal conviction in Overton v. United States, Case No. 12-CO-1539 (D.C.).
• Represented a transportation-sector client in a federal investigation relating to cargo security screening practices.
• Represented an international chemical company in class action litigation involving alleged price fixing.
• Served as a member of a litigation team that obtained a US$1.25 billion settlement for a microprocessor manufacturer in a Sherman Act antitrust action.
• Assisted in preparing a report to the National War Powers Commission, co-chaired by O’Melveny Senior Partner and former Secretary of State Warren Christopher.

Admissions:

• California
• District of Columbia
• U.S. Supreme Court
• U.S. Court of Appeals, Ninth Circuit
• U.S. District Court, Central and Northern Districts of California
• U.S. District Court, District of Columbia
• U.S. District Court, Northern District of Florida

Education:

• Georgetown University, J.D., 2007: Editor-in-Chief, Georgetown Journal of Law & Public Policy
• Georgetown University, B.S., Foreign Service, 2002: Varsity Letterman (1998-2002) and Co-Captain (2001-02), Georgetown University Men’s Varsity Swimming; Member, Big East Conference Academic All Star Team (1998-2002)

Member:

• American Health Lawyers Association, Health Care Liability and Litigation Practice Group and Payers, Plans, and Managed Care Practice Group