Kimberly Klinsport

Kimberly A. Klinsport is a partner and litigation lawyer with Foley & Lardner LLP. She is a member of the Business Litigation & Dispute Resolution Practice, and has broad litigation experience in complex commercial and contractual matters.

Ms. Klinsport frequently represents clients in the healthcare and insurance industries, as well as corporate clients dealing with licensing and copyright issues.

Ms. Klinsport has developed extensive experience with litigating healthcare disputes, including provider-payor payment claims, coverage actions, ERISA litigation and issues related to the reasonable and customary value of service charges.

She has also litigated and counseled clients on recoupment and medical necessity issues.In addition to healthcare litigation, Ms. Klinsport represents clients with respect to insurance brokerage and agency litigation.

She also handles insurance bad faith litigation as well as coverage issues involving construction projects, additional insureds, and policies with multiple insurers on the risk.

Her other representative engagements include contract termination and performance disputes in both the service and manufacturing industries. Ms. Klinsport’s work in these areas emphasizes payment disputes, fraud, and the scope of fiduciary duties.

She also represents clients litigating copyright, trademark, and licensing disputes. Prior to joining Foley, Ms. Klinsport was an associate with Sedgwick LLP. She has also served as a judicial extern for the Honorable Gary A. Feess, U.S. District Court Judge.

Education :

Ms. Klinsport earned her degree from Loyola Law School, Los Angeles (J.D., 2008) where she was note & comment editor of the Loyola of Los Angeles Law Review.

She is also a graduate of the University of Southern California (B.A., 2005) where she majored in psychology with a minor in law and society and was honored with the Order of Troy award.

Admissions : Ms. Klinsport is admitted to practice before all federal and state courts in California as well as all state courts in Texas.

Representative Matters :

• Conducted an internal investigation for an Olympic National Team.
• A health plan arbitrated a claim against our client, a pharmaceutical benefits management (PBM) company, for alleged breach of contract based on the method of allocating fees to the PBM for services it provided to the health plan in processing claims by retail pharmacies for the provision of drugs to the health plan’s members.
• Based on the alleged breach, the health plan was demanding $24 million from the PBM as a purported “overcharge.”
• The case went through extensive discovery and culminated in a multi-day arbitration in San Jose before a panel of three retired judges, resulting in a complete defense victory.