Kimberly A. Klinsport

Partner

Overview

Kimberly 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.

Kimberly 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, Kimberly 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. Kimberly’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, Kimberly 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.

Recognition

Kimberly has been selected for inclusion in the Southern California Super Lawyers®-Rising Stars lists (2013–2018).

Education

Kimberly 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.

Community Engagement

An executive board member of the Associates Advisory Board for the Legal Aid Foundation of Los Angeles (LAFLA) since 2010 and chair for 2016 - 2018, Kimberly also dedicates her time to pro bono work through LAFLA. She has also handled several pro bono matters for veterans, represented adoptive parents in adoption proceedings, and handled guardianship proceedings for a client with special needs and a transgender youth.

Publications

Kimberly’s publications include a piece about the importance of volunteering with local boards and community organizations published in the September, 2014 issue of Los Angeles Lawyer, several pieces written for Sedgwick’s Insurance Law Update, and “California Global Warming Solutions Act of 2006: Meaningfully Decreasing Greenhouse Gas Emissions or Merely a Set of Empty Promises?” Loyola of Los Angeles Law Review (2007).

Admissions

Kimberly is admitted to practice before all federal and state courts in California as well as all state courts in Texas.

Representative Matters

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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.

Capabilities