- J.D., University of South Dakota School of Law, with Honors
- M.B.A., University of South Dakota, Finance
- B.S.B.A., University of South Dakota
- South Dakota
Since 1994 Kevin has been actively engaged in the regulatory representation of healthcare providers including hospitals, physician groups, pharmacists, retail and wholesale pharmacies, managed-care plans and ancillary providers. Healthcare clients frequently consult with him on a variety of regulatory, compliance, financial and business transactions. Kevin's pharmacy law practice involves representation of clients in all 50 states with nearly all aspects of the drug delivery regulatory system, from chain, independent, institutional, specialty and compounding pharmacies to representation of pharmacists, pharmacy benefit managers and human and veterinary drug wholesalers. He also has been significantly involved over the years in the representation of hospital and physician clients addressing complex contracting compliance matters, implementation of compliance program policies and procedures, developing and implementing corporate structure and governance plans and in physician/hospital relationships (joint ventures, physician recruitment and retention, compensation and gain-sharing).
Before attending law school, Kevin was a budget analyst and finance officer for the South Dakota Department of Charities and Corrections for its State Penitentiary operations, for a time serving as an interim warden of the Springfield Correctional Facility. Prior to joining Kutak Rock, he was Assistant General Counsel for a large regional healthcare system.
Kevin focuses his practice on all regulatory schemes for firearms and ammunition licensing, manufacture and distribution. He assists clients with the analysis and application of the statutes, rules, regulations and interpretations of the National Firearms Act, the Gun Control Act of 1968, the National Instant Criminal Background Check System (NICS) as well as state laws and local ordinances related to firearms and ammunition distribution. He constantly monitors legal developments on a state-by-state basis to adapt the firm’s practice to respond to changes in firearms laws and the political environment. Kevin works closely with other firm practice groups, such as the Real Estate, Government Regulatory and Environmental practice groups, so that clients may benefit, in addressing their regulatory issues, from this broad base of knowledge and experience with entities like the DOJ, the EPA and the IRS. He is well versed in retail firearms distribution, regulation and licensure and regularly advises retail clients with respect to federal, state and local laws and regulations.
Kevin was, at age 16, qualified as a Sharpshooter with his hometown National Guard/NRA-sponsored rifle team and is a Life Member of the National Rifle Association. He is a lifelong hunter and advocate for the shooting sports.
- Developing and implementing corporate compliance program policies and procedures, contractual compliance programs and educational programs as mandated by state and federal regulatory agencies including the DHHS/OIG.
- Professional licensing, Medicare & Medicaid Provider enrollment and Assisting clients with regulatory and investigative requests for information from the Department of Justice, the OIG, FBI and the FDA.
- Negotiating, developing and implementing corporate structure and governance plans.
- Appearing with or representing clients before state Departments of Health (Medicaid), and Boards of Medicine, Pharmacy and Nursing as well as the Center for Medicare and Medicaid Services,
- Department of Health and Human Services, Office of Inspector General, National Institute of Health and Office of Human Research Protection.
- Assisting clients with corporate financing and acquisition efforts, including loan agreements, public and private equity offerings, purchase agreements, debt offerings and all associated documentation.
- Representation of retail firearms distributors with license applications and disclosures.
- Representation of retail licensed firearms dealers with respect to BATFE investigations.
- Development of compliance and safety corrective action plans, policies and procedures for firearms and ammunition manufacturers.
- Provided legal opinions to client related to acquisition of antique and modern firearm collections.
- Assisted firearms manufacturer with successful resolution of value added tax dispute.
- Represented firearms manufacturer with acquisition and development of assets (intellectual property/firearm design) from bankrupt competitor.
- Counsel to client seeking return of stolen/seized firearm.
- Regular representation of individual clients with firearm possession, transfer and gun trust issues.