Kimberly Donovan is an experienced complex commercial litigator who routinely litigates contract, commercial and complex business disputes, including putative class actions and high-stake claims seeking hundreds of millions of dollars in alleged damages.

    While her niche is healthcare litigation, she has represented and strategically advised public and private entities and individuals in a variety of industries, including insurance, real estate development, and construction. She has also represented individuals in trust and estate litigation.

    Kimberly frequently represents clients in state and federal courts and in arbitrations in Miami-Dade, Broward and Palm Beach counties and across the nation. She has been a member of the Broward County Bar Association since 2005.

    Prior to graduating, Kimberly interned for The Honorable William P. Dimitrouleas of the US District Court for the Southern District of Florida, Fort Lauderdale division.

    Kimberly co-chairs the firm’s Healthcare Industry Group and has earned the prestigious distinction of Board Certification in Health Law by the Florida Bar. She has represented clients in more than 100 disputes involving managed care and providers over the last six years. She regularly counsels clients on important issues involving the health care industry, including but not limited to reimbursement, federal preemption, Medicare, Medicaid, fraud, waste and abuse laws, pharmacies, data privacy and security laws (including HIPAA and 42 CFR Part 2), provider contracting and networks. She regularly presents and publishes in this space.

    Award Mouse thought multimedia interface book medal screen monitor
    • Dismissal of claims alleging violations of federal antitrust laws and state any willing provider laws.
    • Arbitration award in client’s favor dismissing breach of contract claims.
    • Defeated preliminary injunction sought against client involving termination of pharmacy from provider network.
    • Verdict in client’s favor in bench trial involving real estate developer and condominium association.
    • Dismissal of claims against managed care entity for failure to exhaust administrative remedies under the federal Medicare Act.
    • Dismissal of claims involving Florida’s unfair trade practices statutes in putative class action litigation regarding alleged nondisclosure of former World War II bombing range.
    • Favorable ruling on summary judgment in putative class action alleging violations of Florida prompt pay statute.
    • Dismissal of claims related to managed care organization’s efforts to collect a lien pursuant to the Medicare Secondary Payer law.
    • Dismissal of statement of claims when plaintiff brought claims against wrong entity.
    • Successfully resolved engineering malpractice claims regarding vertical construction of equestrian community development.
    • Successfully resolved intellectual property claims for improper use of trademark on website.
    • Represented auto insurer at hearings in Middle District of Florida regarding motion to dismiss antitrust allegations.

    Education

    • Florida International University, J.D., Valedictorian, summa cum laude, Comments Editor, Inaugural Law Review, 2005
    • Florida State University, B.S., magna cum laude, 1999

    Admissions

    • Florida, 2005
    • District of Columbia, 2006

    Courts

    • U.S. Dist. Ct., Middle Dist. of Florida, 2005
    • U.S. Dist. Ct., N. Dist. of Florida, 2005
    • U.S. Dist. Ct., S. Dist. of Florida, 2005

    Memberships and Affiliations

    • Member of the Broward County Bar Association
    • Volunteers with the Justice Teaching Program, teaching elementary school children about the United States Constitution.
    • Noted among a select group of lawyers recognized as a Martindale-Hubbell® 2017 Distinguished Attorney for legal ability and professional ethical standards.
    • Recognized in Florida Super Lawyers-Rising Stars 2016, a listing of the top up-and-coming lawyers in Florida, according to a survey distributed by Thomson Reuters.

    {{insights.date}} {{insights.source}} {{insights.type}}

    • Co-presenter, “2017: The Year of Change for Medicare and Medicaid,” ACI Managed Care Disputes and Litigation, May 3, 2017.
    • Co-presenter, “Emerging Trends in Private Health Insurance Exchanges (PHIX) Explored in 2015,” The Knowledge Group, December 11, 2015.
    • Co-presenter, “Best Practices for Managing (and Avoiding) Provider Disputes,” American Health Insurance Plans, February 2, 2015.
    • Co-author, “Third-Party Premium Payments: Agency Memos, Rules, Litigation, and More Uncertainty,” Payers, Plans & Managed Care, American Health Lawyers Association Payers, Plans, and Managed Care Practice Group, April 17, 2014.
    • Author, “Third Party Payor,” Health Law Monthly Updates, The Florida Bar Health Law Section, December 2013.
    • Co-author of “Rx for Health Care Fraud: The Feds Get Personal,” Criminal Justice, American Bar Association, winter 2012.
    • Co-presenter, “Healthcare Fraud: Individual Liability for Executives and High-Level Employees: Identifying and Addressing Risks for Executives; Avoiding OIG Exclusion Sanctions,” Strafford Publications, March 22, 2012.
    • Co-presenter, “What Keeps You Up At Night: Keeping Your CEO From Being Excluded,” March 15, 2012.

    Award Mouse thought multimedia interface book medal screen monitor