Counsel II, Litigation
In addition to the responsibilities listed below, this position is part of KP Legal-s business litigation team and is responsible for developing and evaluating arguments for cases; working with outside counsel to represent KP during legal proceedings, mediation, and negotiation of settlements; monitoring adherence to legal obligations and settlement agreements; reviewing, evaluating, and aligning team efforts on resolving complex pre-litigation disputes, arbitrations, and lawsuits related to healthcare provider reimbursement and other subject matters; advising the enterprise on litigation risk and related legal matters, which may include regulatory and compliance issues; and identifying operational concerns and collaborating with various departments to provide solutions to complex problems. This position will develop and maintain outside counsel relationships with a team of litigators to craft overall strategy with the objective of implementing or facilitating company-wide business objectives for portfolios of disputes with reputational and economic significance while implementing strategies for cost control and mitigation; collaborating and communicating with business groups, including claims, clinical, and government relations teams, to ensure achievement towards common business goals; and providing practical and effective legal advice and promoting proactive strategies to prevent, mitigate, and resolve litigation exposure and other risks. This position is also responsible for engaging in cross-functional relationships with lawyers within KP-s Legal Department to facilitate efficient and proactive legal services; identifying and discussing the necessary remediation of risk areas identified over the course of an investigation or litigation; and implementing the guidelines and standards of the Legal Department.
Essential Responsibilities:
- Promotes learning in others by communicating information and providing advice to drive projects forward; builds relationships with cross-functional stakeholders. Listens, responds to, seeks, and addresses performance feedback; provides actionable feedback to others, including upward feedback to leadership and mentors junior team members. Practices self-leadership; creates and executes plans to capitalize on strengths and improve opportunity areas; influences team members within assigned team or unit. Adapts to competing demands and new responsibilities; adapts to and learns from change, challenges, and feedback. Models team collaboration within and across teams.
- Conducts or oversees business-specific projects by applying deep expertise in subject area; promotes adherence to all procedures and policies. Partners internally and externally to make effective business decisions; determines and carries out processes and methodologies; solves complex problems; escalates high-priority issues or risks, as appropriate; monitors progress and results. Develops work plans to meet business priorities and deadlines; coordinates and delegates resources to accomplish organizational goals. Recognizes and capitalizes on improvement opportunities; evaluates recommendations made; influences the completion of project tasks by others.
- Participates in the creation, review, and negotiation of legal documents by: preparing, drafting, creating, and leading conversations on complex and nuanced written legal advice, contracts, and/or other documents related to subject matter expertise; reviewing work product of others; and serving as an expert and prime contact to clients and other legal professionals (e.g., counsel, paralegals, and legal assistants).
- Performs and analyzes legal research by: leveraging in-depth and advanced knowledge to interpret and review legal documents (e.g., contracts, memoranda, and policies); ensuring completion of 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; identifying complex industry patterns and trends impacting legal questions or issues; and identifying key insights from the research findings and legal analysis to communicate with cross-functional senior business stakeholders to design program-wide strategy and critical business decisions.
- Assesses legal risk and/or provides legal guidance by: utilizing advanced knowledge of legal principles, business risks, regulatory landscape, and compliance considerations to legal advice and review recommendations on matters critical to the organization; furthering the development of legal strategies for senior business stakeholders and driving the creation of solutions to mitigate legal risks, advance program-wide business strategy, and drive Kaiser Permanente-s mission; collaborating with internal and outside counsel on complex legal matters; driving communication with attorneys to leverage and share expertise and resources in a highly matrixed environment; and engaging other junior-level attorneys and other legal professionals or guiding more junior attorneys in their area of expertise.
- Contributes to legal planning and strategy by: proactively contributing to the creation of legal strategies for the implementation of cutting-edge solutions to unique issues; partnering with others to resolve complex legal issues through collaborative effort among legal colleagues and stakeholders; providing recommendations to stakeholders on health plan and/or care delivery business and/or clinical strategies; partnering with regulatory services and government relations on Kaiser Permanente-s advocacy strategies to address legislative, regulatory, and litigation risks; and guiding others on the development of responses to regulatory actions as appropriate for practice areas (e.g., audits and enforcement actions).
- Ambiguity/Uncertainty Management
- Attention to Detail
- Business Knowledge
- Communication
- Critical Thinking
- Cross-Group Collaboration
- Decision Making
- Dependability
- Diversity, Equity, and Inclusion Support
- Drives Results
- Facilitation Skills
- Health Care Industry
- Influencing Others
- Integrity
- Learning Agility
- Organizational Savvy
- Problem Solving
- Short- and Long-term Learning & Recall
- Teamwork
- Topic-Specific Communication
- Business Acumen
- Legal Claims Management
- Negotiation
- Reputational Management
- Risk Identification
- Big-Picture Thinking
- Business Relationship Management
- Change Management
- Company Representation
- Confidentiality
- Conflict Resolution
- Consulting
- Contract Law
- Deadline Oriented
- Discretion
- Interpersonal Skills
- Investigations Management
- Legal Acumen
- Legal And Regulatory Requirements
- Legal Counsel
- Legal Documentation
- Legal Process
- Legal Record Platforms
- Legal Research
- Legal Risk Management
- Legislation Awareness
- Managing Diverse Relationships
- Microsoft Office
- Personal Courage
- Presentation Skills
- Relationship Building
- Risk Assessment
- Service Focus
- Stress Tolerance
- Written Communication
- Minimum two (2) years of experience in litigation (discovery, law & motion, experts, pre-trial, trial/arbitration).
- Juris Doctorate (JD) or equivalent (e.g., Legum Baccalaureus [LLBs], Legum Magister [LLMs], and Postgraduate Certificate in Laws [PCLLs]) AND minimum five (5) years of experience as a practicing lawyer.
- State Bar License (California)
- One (1) year of experience in trial/arbitration.
- Two (2) years of experience in mediation.
- Four (4) years of experience in civil litigation (e.g., contract, class action, antitrust, unfair competition, and provider-payor matters).
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