The Senior Counsel manages complex litigation portfolios and outside counsel relationships while providing strategic legal advice on government investigations and regulatory risk. They collaborate with cross-functional business and clinical stakeholders to implement proactive compliance strategies and resolve high-stakes legal matters.
This remote position may be based in California, Oregon, Washington, Colorado, Georgia, Maryland, Virginia, or Washington, D.C. or Hawaii.
Job Summary:
In addition to the responsibilities listed below the position is also responsible for the following:
Managing outside counsel relationships with a team of litigators to craft overall litigation strategy with the objective of implementing or facilitating company-wide business objectives and for portfolios of high reputational and economic significance and implementing strategies for cost control and mitigation
Leading collaborations with the business to implement key changes and ensuring alignment with overall business strategy; Overseeing cross-functional collaborations and communications with business groups, government, clinical, and other groups within KP to ensure achievement towards a common goal; and overseeing practical and effective legal advice and promoting proactive strategies to prevent, mitigate and resolve legal, regulatory and enterprise risk. This position may be responsible for proactively identifying government enforcement risk areas and priorities and communicating and addressing these within compliance and operations and providing training to compliance and operations on key statutes and regulations that are priorities for the government.
This position is responsible for managing relationships with a team of lawyers to facilitate efficient and proactive legal services; dealing with high-risk cases and identifying when to escalate as necessary; counseling on remediation of identified risk areas over the course of an investigation; and implementing guidelines and standards.
The position is also responsible for establishing arguments in preparation of cases; representing KP during legal proceedings, mediation, and negotiation of settlements; providing strategic legal advice and working on unique and complicated risk initiatives, remediation, and/or compliance projects; ensuring adherence to legal obligations and settlement agreements; reviewing, evaluating, and aligning team efforts on resolving complex and unique claims and lawsuits related to unique subject matter expertise; advising the enterprise on highly complex legal and risk matters; and identifying operational concerns and collaborating with the enterprise to approve solutions to highly complex and unique concerns.
Essential Responsibilities:
Participates in the creation, review, and negotiation of legal documents by: preparing, drafting, creating, and reviewing highly complex and nuanced written legal advice, contracts, and/or other documents related to subject matter expertise; overseeing work product of others; and providing highly technical, expert and actionable guidance to clients and other legal professionals (e.g., legal counsel, paralegals, and legal assistants).
Performs and analyzes legal research by: performing or managing highly complex research and analyses of case law and statutory/regulatory authority including but not limited to federal and state laws, rules, regulations, accreditation standards, and/or other applicable guidance; analyzing highly complex industry patterns and trends impacting legal questions or issues; and effectively synthesizing and communicating legal research findings and legal analysis to cross-functional senior business stakeholders to inform program-wide strategy and critical business decisions.
Assesses legal risk and/or provides legal guidance by: applying expert knowledge of legal principles, business risks, regulatory landscape, and compliance considerations to provide legal advice and recommendations on matters highly critical to the organization; leading legal strategies for senior business stakeholders and implementing innovative solutions that mitigate legal risks, drive program-wide business strategy, and further advance Kaiser Permanente's mission; managing and overseeing outside counsel on highly technical and complex legal matters; effectively collaborating with other attorneys to leverage and share expertise and resources in a highly matrixed environment; and overseeing junior-level attorneys and other legal professionals or guiding more junior attorneys in their area of expertise, and as appropriate.
Contributes to legal planning and strategy by: formulating and managing legal strategy for the implementation of significant and innovative solutions to unique issues; driving the resolution of highly complex legal issues through collaboration among legal colleagues and stakeholders; advising senior stakeholders on health plan and/or care delivery business and/or clinical strategies; engaging with regulatory services and government relations on Kaiser Permanente's advocacy strategies to address legislative, regulatory and litigation risk; and managing, leading, or guiding responses to regulatory actions as appropriate for practice areas (e.g., audits and enforcement actions).
Basic Qualifications:
Experience:
Minimum ten (10) years of experience as a practicing lawyer.
Minimum five (5) years of experience in litigation (discovery, law & motion, experts, pre-trial, trial/arbitration).
Education
Juris Doctorate (JD) or equivalent (e.g., Legum Baccalaureus [LLBs], Legum Magister [LLMs], and Postgraduate Certificate in Laws [PCLLs])
License, Certification, Registration
State Bar License (from any State where KP does business)
Preferred Qualifications:
Significant experience as a practicing attorney, including at least 10 years of legal practice and 5 years of litigation experience ideally focused on government investigations, enforcement actions, internal investigations, and regulatory response, particularly in healthcare-related areas.
Experience managing complex litigation portfolios with high reputational, regulatory, and economic risk. Ability to oversee and manage outside counsel relationships, including litigation strategy, cost control, and risk mitigation.
Experience advising on high-risk legal, regulatory, compliance, and enterprise risk matters.
Experience collaborating with senior business, clinical, government relations, compliance, operations, and legal stakeholders in a highly matrixed environment.
Two (2) years of experience advising in the areas of fraud, waste, and abuse.
Anti-Kickback Statute and Stark Law experience preferred.
Prior experience advising on compliance programs.
Prior experience performing pre-acquisition due diligence related to litigation risk.
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