O’Melveny Worldwide

David Deaton, a nationally recognized leader in health care law and Chair of O’Melveny’s Health Care Practice, represents major health insurers and other health care companies in complex, high-stakes regulatory, enforcement, and business matters. David conducts internal investigations for health care companies and audit committees, and he defends them in federal and state enforcement inquiries. He also counsels buyers and sellers in mergers and acquisitions and health care companies facing strategic business challenges and opportunities. In over 18 years at the firm, David has assembled a record of experience in the increasingly contested fields of state and federal anti-kickback and self-referral law (e.g., the Stark laws), Medicare and Medicaid reimbursement law, state and federal privacy law, and managed-care regulation. He frequently writes and speaks on these issues for national audiences and has been named one of the country’s “Outstanding Healthcare Fraud & Compliance Lawyers” by Nightingale’s Healthcare News.

Government Inquiries

  • Defending a national managed-care organization in a qui tam False Claims Act investigation into compliance with Medicare Advantage regulations, including allegations related to inflated premiums resulting from inaccurate risk-adjustment submissions

Internal Investigations

  • Conducting an internal investigation into whistleblower allegations related to a national managed-care organization’s compliance with Medicare Advantage regulations and the federal anti-kickback statute, which has led to disclosures to the US Department of Justice, the Centers for Medicare and Medicaid Services, the Office of the Inspector General of the US Department of Health and Human Services, and state regulatory and enforcement authorities

Strategic Counseling

  • Advising a pharmaceutical manufacturer in connection with its compliance program, sales and marketing practices, and issues related to the Medicaid Rebate Program

Transactional Diligence and Structuring

  • Representing a private equity fund in an $84 million leveraged buyout of a dental practice management company

Trial Experience

  • Defending Alvarado Hospital Medical Center in US v. Weinbaum, et al. Alvarado and its codefendants were accused of violating the federal anti-kickback statute by paying bribes, disguised as physician-relocation payments, to local doctors in exchange for patient referrals. After a seven-month trial in US District Court and four months of deliberations, the jury deadlocked and the court declared a mistrial. The government thereafter dismissed all criminal charges against Alvarado and its codefendants pursuant to a civil settlement.

Admissions

Bar Admissions

  • California

Court Admissions

  • US District Court, Central and Northern Districts of California

Education

  • Southern Methodist University, J.D., 1999: magna cum laude; Order of the Coif; Comments Editor, SMU Law Review
  • University of California, Irvine, B.A., History, 1992

Honors & Awards

  • Ranked by Chambers USA for Healthcare (2021-2024)
  • Recommended by The Legal 500 US in both White Collar Criminal Defense (2015, 2019) and Healthcare: Health Insurers (2015-2024)
  • Nightingale’s “Outstanding Healthcare Fraud & Compliance Lawyers 2009”
  • Nightingale’s “Outstanding Young Healthcare Lawyers 2006”

Professional Activities

Author

  • “Critical Questions To Consider About The ACA,” Law360, co-authored with Michael Maddigan and Stephen Sullivan (October 30, 2013)

Member

  • American Bar Association, Health Law Section

Lecturer

  • American Bar Association

Speaker

  • “World Recognition of Distinguished General Counsel,” Directors Roundtable (Feb 2014)