Kimberly A. Dunne
KIMBERLY A. DUNNE is a partner in the litigation group in the Los Angeles office and a co-leader of the firm’s White Collar: Government Litigation & Investigations group. Kim has extensive experience in corporate internal investigations and has defended numerous companies and business executives in government criminal and civil investigations and False Claims Act cases related to alleged health care fraud, FDA violations, the Foreign Corrupt Practices Act, government contract fraud and kickbacks. Kim’s practice also focuses on complex civil litigation. She has extensive jury trial experience as well as appellate experience in the Ninth Circuit Court of Appeals.
Prior to joining the firm, Kim was Chief of the Public Corruption and Government Fraud Section of the United States Attorney’s Office in the Central District of California where she prosecuted a variety of white collar crime matters, including health care fraud, defense procurement fraud, bank fraud, tax fraud, government program fraud, public corruption and money laundering.
After graduating with high honors from Claremont McKenna College in 1985, Kim received her J.D. from Harvard Law School and an M.P.A. from Harvard University’s Kennedy School of Government in 1989. Prior to joining the United States Attorney’s Office, Kim clerked for United States District Judge John G. Davies in the Central District of California.
Kim has been a featured speaker and panelist at numerous conferences addressing health care fraud and abuse issues, compliance plans and white collar crime issues. She has also taught trial advocacy at the Department of Justice’s Advanced Trial Advocacy Institute and Pepperdine Law School.
Kim has been recognized by Chambers USA in the 2012–2016 editions as a leading white collar lawyer and in the 2011–2017 editions of The Best Lawyers in America in Criminal Defense: White Collar. Kim has been featured as a Life Sciences Star every year since the inaugural edition of LMG Life Sciences in 2012 for her outstanding work in the areas of Fraud and Abuse. LMG Life Sciences also named her a Life Sciences Star for her work in Litigation & Enforcement (2013-2014, 2016). She has been recommended in The Legal 500 US 2015 and 2016 for Litigation: White Collar Criminal Defense and Dispute Resolution. In 2010, Kim was named as one of the Daily Journal’s Top Women Litigators, the list of leading women litigators in California.
- Obtained defense verdict after a three-week jury trial in California Superior Court in a case where plaintiff claimed lost opportunity to become a force in web-TV due to alleged interference by defendant
- Represented major defense contractor in False Claims Act cases related to alleged false claims based on failure to comply with contract specifications and other requirements
- Represented precious metals dealer against criminal charges related to alleged unfair and deceptive marketing practices, which were dismissed in favor of a civil resolution involving no admission of liability
- Represented biotech company in criminal and civil investigations for alleged improper promotional activities related to cancer drug; following criminal and civil declinations, litigated against qui tam relator and obtained very favorable settlement on eve of trial
- Represented oil company in California state court action filed by franchisees alleging anti-competitive behavior for gasoline at retail and wholesale levels; case dismissed as a result of two summary judgment motions, which were affirmed on appeal
- Represented companies in various industries in FCPA investigations and due diligence
- Represented former Vice President of Sales of manufacturing company in multi-defendant criminal case
- Represented pharmaceutical company in a criminal and civil investigation of alleged off-label marketing and improper payments to physicians; government declined to prosecute and False Claims Act case was thereafter dismisses by qui tam relator
- Represented durable medical equipment company in civil fraud investigation for allegedly improper discount practices; government declined to prosecute
- Represented pharmaceutical company in criminal investigation for failure to disclose safety information to FDA; government declined to prosecute
- Represented provider of title insurance in state investigation for alleged price-fixing, kickbacks and unfair competition, which was closed without action
- “Contractors Risk California FCA Liability For Contract Breach,” Law360, co-authored with Brent Nichols, March 28, 2014
- “Q&A With Sidley Austin's Kim Dunne,” Law360, February 20, 2013
- “Holding the Government to its Burden of Proof in FCPA Cases: Litigating Jury Instructions,”American Bar Association: White Collar Crime 2013, co-authored with Alexis Miller Buese, March 2013
- “Government's White Collar Wish List For 2013,” Law360, December 2012