Phil Kim

Phil Kim is a partner in the Corporate and Securities Practice Group in the firm's Dallas office. He is the host of the Health-e Law podcast, produced by Sheppard Mullin’s Digital Health Team.

Areas of Practice

Phil advises various types of healthcare providers in connection with transactional and regulatory matters. He counsels healthcare systems, hospitals, ambulatory surgery centers, physician groups (including non-profit health organizations, or NPHOs), home health providers, and other healthcare companies on the buy- and sell-side of mergers and acquisitions, joint ventures, and operational matters, which include regulatory, licensure, contractual, and administrative issues.

Phil has a particular interest in digital health. He has assisted a number of multinational technology companies entering the digital health space with various service and collaboration agreements for their wearable technology. He also assists public medical device, biotechnology, and pharmaceutical companies, as well as the investment banks that serve as underwriters involved in the public securities offerings for such healthcare companies.

Phil’s client relationships are characterized by an authenticity – he communicates honestly and directly so that clients can understand issues from all perspectives and make decisions that will serve their best interests. He maintains a positive rapport with all parties to his transactions, which include:

• Healthcare arrangements and provider agreements of all types, including the transition of hundreds of physicians from a prior physician group to a new NPHO with a restructured employment model
• Professional services agreements, clinical and educational affiliation agreements, lease agreements, business associate agreements, and other services agreements between healthcare companies and various other entities in both the private and public sectors.
• Securities filings on behalf of public healthcare companies.

On the regulatory side, clients value Phil’s ability to attend to details while also staying focused on the big picture. He regularly advises on healthcare compliance issues including:

• Liability exposure, the Stark law, anti-kickback statutes, and HIPAA/HITECH privacy issues
• State and federal healthcare laws
• Complex business structuring and formation issues
• Employment issues
• Matters involving various government agencies, including different state Medicaid agencies, the Texas Medical Board, and Medicare Administrative Contractors.

Experience

• Represented Clayton, Dubilier & Rice (CD&R), a private investment firm, in connection with its strategic partnership with Elevance Health, Inc. (NYSE: ELV)

Honors

Best Lawyers in Dallas, D Magazine, 2022-2023

"Ones to Watch," Best Lawyers in America, 2021-2024

Rising Star, Texas Super Lawyers, 2020-2024

Chambers USA, Healthcare – Texas, 2020-2023

Recommended Lawyer - Healthcare, Legal 500, 2022-2023

Articles

Healthcare Law Blog

• "Digital Health to the Rescue – Improving Access to Specialized Care: A Discussion with Viveka Rydell-Anderson," January 16, 2024

• "AI as an Aid – Emerging Uses in Healthcare: A Discussion with Jim Gatto," January 8, 2024

• "In Tech We Trust? The Case for Transparency: A Discussion with Dr. Laura Tully," December 21, 2023

• "Health-e Law Launches: New Podcast Covers Health-Tech and Law," December 8, 2023

• "Connecticut Follows in the Footsteps of Other Jurisdictions Requiring Registration of Pharmaceutical Representatives," October 25, 2023

• "Sheppard Mullin’s Top 10 Takeaways from HLTH 2023," October 18, 2023

• "At HLTH 2023: The Digital Health Symphony, A Care Coordination Orchestra with No Maestro," October 10, 2023
• "At HLTH 2023: General Catalyst’s HATCo Introduces a Radically Ambitious and Transformative Model for Healthcare," October 9, 2023

• "Texas is Making Moves on a Comprehensive Consumer Privacy Law," May 25, 2023

• "Private Equity and Digital Health in 2023: Policy Updates and Trends to Watch," February 1, 2023
• "HHS Proposes Health Insurance Market Reforms for 2024," January 4, 2023
• "Recap of AHLA’s Annual Meeting," July 5, 2022
• "Digital Health in the Metaverse: Three Legal Considerations," May 31, 2022
• "Tax Break for Certain Medical Billing Services in Texas," March 1, 2022

Speaking Engagements

• "Private Equity Firms Facing Heightened False Claims Act and Antitrust Risks," ABA's Health Law Roundtable, January 25, 2024
• Moderator, "Legal & Valuation Developments in Healthcare: 2022 and Beyond," May 18, 2022

Events

Digital Media