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, class actions, and False Claims Act cases. Kevin recently defeated class certification in a Florida case involving managed Medicaid providers. See Crosswinds Rehab, Inc., Case No. 17-23840 (Fla. Cir. Ct. Jan. 18, 2019).
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.
- Defended Humana Inc. subsidiary American Eldercare in putative class action.
- Defended UnitedHealth in nationwide putative class action brought by provider purporting to serve as assignee and/or authorized representative of ERISA beneficiaries.
- Defended managed care organization in multiple cases brought by out-of-network medical providers alleging RICO conspiracy and state-law causes of action.
- 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 US$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
Bar Admissions
- California
- District of Columbia
Court Admissions
- 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)
Honors & Awards
- Health Care Group Recommended by Legal 500 for Healthcare: Health Insurers (2019)
- Super Lawyers, Washington, DC - Rising Star (2016, 2017, 2018, 2019)
Professional Activities
Speaker
- American Arbitration Association, Healthcare Dispute Resolution Innovation and Strategy Conference, Nashville, TN: “‘But I want it All!’ - Creative Tips for Managing Discovery/e-Discovery in Arbitrations” (October 2018).
- ACI’s 8th Annual Advanced Forum on Managed Care Disputes and Litigation, Philadelphia, PA: “The Future of Provider vs. Payor Disputes” (May 2017).
- American Health Lawyers Association, Webinar: “Managed Care: Emerging Risk Areas in Enforcement and Litigation, Part II: Litigation” (March 2017).
- American Arbitration Association, Healthcare Dispute Resolution Innovation and Strategy Conference, Scottsdale, AZ: “Closing the Gaps – Drafting Effective ADR Clauses” (November 2016).
Internships
- Honorable Reggie B. Walton, US District Court, District of Columbia (2005)
Author
- Note, “The Death of the Pervasively Sectarian Test in State Financial Aid Statutes and How to Replace It,” 5 Geo. J.L. & Pub. Pol'y 657 (2007)
Co-Author
- “Breaking Down Borders: The Power of Federal Rule of Civil Procedure 30 to Compel the Deposition of a Corporate Party’s Foreign Employee,” Bloomberg Law Reports (July 19, 2010), republished at 1 Bloomberg Law Quarterly 723 (2011)
- 7th Circ. FTAIA Ruling Profoundly Limits Antitrust Claims, Law360 (March 31, 2014).
Board Member
- Hoyas Unlimited (2005-2016, 2019-present)
- Georgetown Swimming Alumni Association (Co-President, 2008-2016; Board Member, 2004-2007, 2016-present)
Member
- American Health Lawyers Association, Health Care Liability and Litigation Practice Group and Payers, Plans, and Managed Care Practice Group
Related Practices
Related Industries