David Kirman’s combination of government and commercial experience—federal prosecutor, complex litigation counsel, first-chair trial lawyer, and boardroom advisor-makes him an in-demand lawyer for corporate boards, companies, and executives. David represents clients in litigation, internal investigations, government investigations, and often a mix of all three.
While David’s practice encompasses a wide range of industries, he is a recognized authority on life sciences. David’s life sciences clients include emerging and established pharmaceutical companies, which rely on him to provide counsel and compliance advice related to the False Claims Act (FCA) and kickbacks, the Foreign Corrupt Practices Act (FCPA), and involving patient support services. David also frequently represents life sciences clients in internal and government investigations by the US Department of Justice, US Department of Health and Human Services and its Office of Inspector General, and advises on evolving federal and state laws.
Before joining O’Melveny, David spent seven years at the US Attorney’s Office in the Central District of California, where he was a member of the Major Frauds Section and a Criminal Healthcare Fraud Coordinator. He served as lead or co-lead trial counsel in jury trials, argued appeals before the Ninth Circuit, and directed complex grand jury and wiretap investigations.
David is also an adjunct professor at Loyola Law School, where he teaches a course on white-collar crime.
Investigations Experience
- Provided advice on federal and state anti-kickback (AKS) laws, the Foreign Corrupt Practices Act (FCPA), any willing provider (AWP) laws, freedom of choice (FOC) laws, generic drug substitution laws, the Affordable Care Act, the Sunshine Act and state spend laws, drug pricing, group purchasing organizations (GPO), pharmacy benefit managers (PBM), speaker programs, and the Sunshine Act.
- Led internal investigation into pharmaceutical company’s relationship with specialty pharmacies.
- Led internal investigation into life sciences company related to potential anti-kickback issues.
- Led investigation into potential violations of HIPAA.
- Represented pharmaceutical company in investigation related to patient assistance programs.
- Led internal investigation into pharmaceutical company related to off-label promotion.
Complex Civil Litigation
- Led defense of leading pharmaceutical company in whistleblower claims related to kickbacks and off-label promotion.
Complex Civil Litigation
Healthcare
- Won convictions in numerous healthcare fraud and kickback trials, including the successful prosecution of a Los Angeles physician assistant in a $18.9 million Medicare fraud scheme and prosecution of six individuals, including two notable Los Angeles pastors, engaged in a $14 million Medicare fraud scheme.
Financial Services
- Prosecuted two financial institutions, their owners, and a compliance officer on Bank Secrecy Act and anti-money laundering charges—one of the first criminal indictments for willful failure to maintain an effective AML program.
- Prosecuted five defendants, including a procurement officer of a major defense contractor, for their roles in a decade-long bribery scheme related to millions of dollars in subcontracts for the manufacturing of satellite parts.
Pro Bono and Community Service
David serves as Pro Bono Co-Chair in O'Melveny's Century City office and devotes a significant portion of his practice to pro bono. Representative matters include:
- Represented a high school coach after a school district fired him for raising concerns that women were not receiving the same athletic opportunities as men.
Military Service
Before becoming a lawyer, David was an officer in the United States Army, where he held a number of leadership positions, including command of the Army's only amphibious landing craft unit. David also led a team of soldiers on a deployment to Central and South America, where they provided logistical support for an international peacekeeping mission and the United States' withdrawal from Panama. David was awarded the Meritorious Service Medal when he left the Army as a Captain.
Admissions
Bar Admissions
- California
Court Admissions
- US Court of Appeal for the Ninth Circuit
Education
- University of California, Berkeley, J.D.: Managing Editor, California Law Review
- United States Military Academy, B.S.
Honors & Awards
- Recognized by Best Lawyers® for Criminal Defense: White Collar in Century City, CA (2023-2025)
- Recommended by The Legal 500 in corporate investigations and white-collar criminal defense (2018)
Professional Activities
Clerkships
- Honorable Robert J. Timlin, United States District Judge for the Central District of California (2004–2005)
Adjunct Professor
- Loyola Law School (2015–)
Memberships
- Board Member, U.S. Vets (2018–)
Speaker
- Paycheck Protection Program (PPP) Enforcement Trends (moderator) (Beverly Hills Bar Association Criminal Law Section, Mar. 2020)
Guest Lecturer
- Federal Criminal Law, University of Southern California School of Law (2015)
Publications
- “BitMEX Indictment Warns of New Department of Justice Approach on AML Program Failures,” The Recorder (Nov. 2020)