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James W. Kim is a nationally recognized expert in procurement law that regularly advises companies that do business with the U.S. government, with a focus on professional services organizations and the life sciences industry. He is a regular speaker and author on procurement and drug pricing matters and his work is regularly featured in nationally-distributed industry print and digital media.

James provides clients with strategic counsel related to U.S. government funding and U.S. market access, including assistance with more than US$5 billion in procurement and grant awards and regulatory counsel related to more than US$40 billion in successful M&A transactions. James successfully litigates bid protest actions before the Government Accountability Office and the U.S. Court of Federal Claims, and also has experience representing government contractors in civil and criminal government fraud investigations involving the False Claims Act, the Procurement Integrity Act and the Anti-Kickback Act. He also represents federal government contractors on a broad range of compliance issues, including Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) compliance, Small Business Administration (SBA) programs and TRICARE/Defense Health Agency contracting.

Specialties: Government Contracts and Grants; Bid Protests; Government Investigations/False Claims Act; Small Business Administration; Pharmaceutical Drug Pricing; 340B Drug Rebate Program; FDA regulation; Health Policy/Legislation; CBRN response/Strategic National Stockpile.

Prior to entering private practice, James clerked for Judge Christine Odell Cook Miller of the U.S. Court of Federal Claims in Washington, D.C. and was employed as a grant administrator by The September 11th Fund/United Way of New York City to manage the delivery of charitable relief services to families of victims of September 11, 2001.

Experience

  • Diagnostic testing organization with multiple Rad-X awards for pandemic response.
  • Multiple pharmaceutical manufacturers with HHS/BARDA contracts for support for Strategic National Stockpile and development of products for CBRN response.
  • Pharmaceutical manufacturer in qui tam/False Claim Act claims defense related to Medicaid Drug Rebate program.
  • Large business contractor in successful defense against a proposed debarment by the Small Business Administration.
  • Executive of a large business contractor in successful defense against a proposed debarment by the General Services Administration (GSA).
  • A previously unsuccessful small business bidder in a Network-Centric Solutions-2 (NETCENTS-2) products protest at the Government Accountability Office (GAO).
  • Privately held company in Freedom of Information Act request defense related to 2012 Presidential campaign made by national media organization.
  • Multiple companies related to development of technology for the intelligence sector and the Department of Defense in various contracting and compliance matters.
  • Counsel of record for amicus briefs filed with the U.S. Supreme Court related to immigration and civil rights issues on behalf of the National Asian Pacific American Bar Association.

Recognition

Freedom Network USA
Sheila Neville Award for Service (2016)
Law360
Rising Star (2015)

Credentials

Education

  • J.D., Loyola University Chicago School of Law, cum laude
  • M.P.H., Columbia University
  • B.A., New York University

Admissions

  • District of Columbia
  • Illinois
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims

Activities

  • Co-Chair, Pharmaceuticals Committee, Coalition for Government Procurement

  • Prior Co-Chair, Diversity & Inclusion Committee, National Asian Pacific American Bar Association
  • Prior Health Law Chair, American Bar Association, Young Lawyers’ Division, Health Law Committee

  • Prior Co-Chair Diversity & Inclusion, American Bar Association, Public Contract Law Section

Overview