Kevin D. Bradberry

Associate

Atlanta
T +1.404.256.8783
F +1.404.459.5734

Overview

Kevin Bradberry is a skilled litigator with experience in numerous practice areas and a comprehensive understanding of investigations, litigation, and appeals in arbitrated, state, and federal forums. His diverse experience makes him comfortable in any environment, whether deposing hostile witnesses, trying cases to verdict before a jury, judge, or panel or arbitrators, coordinating nationwide fraud investigations, arguing before the state Supreme Court, or simply negotiating a resolution in mediation.

Kevin represents clients in almost every aspect of healthcare litigation, including provider-payor contract disputes, denial of insurance or government health care benefits, government audit response, federal False Claims Act, and state counterpart litigation. In addition, Kevin also litigates complex commercial cases, including real estate and construction/development disputes, competitor litigation, cases under deceptive trade practices acts, and trade secrets litigation.

Select Experience

Healthcare
  • Represented multi-hospital health system in breach of contract action alleging that national insurer improperly applied Medicare payment policies to commercial outlier claims. Won judgment in favor of client after trial, defeated insurer’s counterclaim in its entirety, and secured return of all challenged underpayments.
Commercial
  • Represented client in successful defense of nationwide claims by competitor for tortious interference, racketeering, and theft of trade secrets.
Education
  • Counsel for Georgia Professional Standards Commission in civil prosecution of DeKalb County educators accused of widespread cheating on 2009 CRCT standardized testing.
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Experience

Healthcare
  • Represented multi-hospital health system in breach of contract action alleging that national insurer improperly applied Medicare payment policies to commercial outlier claims. Won judgment in favor of client after trial, defeated insurer’s counterclaim in its entirety, and secured return of all challenged underpayments.
  • Represented several multi-hospital health systems in litigation and arbitrated disputes with payors concerning provision of “out of network” emergency services and “usual, customary, and reasonable” charges disputes.
  • Lead counsel in civil action against an ophthalmology provider accused of overbilling and providing medically unnecessary eye procedures.
  • Represented personal care home provider in appealing denial of enrollment in state Medicaid program.
Commercial
  • Represented client in successful defense of nationwide claims by competitor for tortious interference, racketeering, and theft of trade secrets.
  • Represented client in litigation, motions practice, and, ultimately, mediation in successfully resolving international shipping container dispute.
Education
  • Counsel for Georgia Professional Standards Commission in civil prosecution of DeKalb County educators accused of widespread cheating on 2009 CRCT standardized testing.
  • Appeared as co-counsel for the State of Georgia in 2013 administrative law judge hearings on the governor’s removal of the DeKalb County School Board.
Real Estate / Construction
  • Represented client in investigation of, and response to, allegations of improper discharge and violating Best Management Practices (BMP).
  • Represented client in pursuing breach of contract claim regarding creation of water-infiltration galleries at Superfund site.
  • Represented commercial landlord in breach of contract case concerning tenant’s violation of use restrictions.
Employment
  • Represented client in arbitration defense of company executive’s breach of employment agreement claim and demand for severance benefits, including prosecution of client’s counterclaim for breach of fiduciary duty and fraud.
  • Advised client in responding to potential whistleblower dispute.
  • Represented client in securing arrest warrant for theft by employees.
Appellate
  • In the Georgia Supreme Court, represented Fulton County Superior Court judge in successful defense of the trial court’s dismissal of petition to issue the extraordinary writ of mandamus.
  • Counsel to State of Georgia in successful appeal of a DUI roadblock case establishing that the objective appearance of a roadblock supersedes a motorist’s interpretation.

Recognitions and Memberships

Memberships

  • Federal Bar Association, Atlanta Chapter
  • American Bar Association
  • Georgia Bar Association
  • American Health Lawyers Association
  • Bleckley Inn of Court: Barrister (2016 to 2018)

Industries

Prior Positions

  • Georgia Department of Law, Office of the Attorney General: Assistant Attorney General (2012 to 2015)
    • Medicaid Fraud Control Unit (2013 to 2015)
    • Education, Elections and Judiciary Section (2012 to 2013)
  • Office of the Cobb County Solicitor General: Assistant Solicitor General (2011 to 2012)

Admissions

  • Supreme Court of Georgia
  • Georgia Court of Appeals
  • U.S. District Court, Northern District of Georgia
  • U.S. District Court, Southern District of Georgia
  • U.S. District Court, Middle District of Georgia
  • Georgia

Education

  • J.D., Georgia State University College of Law, 2010; magna cum laude; Georgia State University Law Review, Student Writing Editor; Georgia State University Moot Court, Moot Court Board; 2010 Prince Evidence Moot Court Competition, First Place Team
  • B.A., Political Science major and History minor, University of Georgia, 2007, cum laude