Kathy P. Josephson

Partner | Chicago

INDUSTRY EXPERIENCE:

Kathy is an innovative and forward-thinking attorney with substantial experience representing clients in litigation and investigations, including fraud investigations and affirmative litigation. Her work involves developing unique approaches and models for litigation that consider a client’s goals, culture, and processes. Kathy is adept at identifying solutions that integrate high-quality, efficient, and cost-effective advice and counsel, along with key business considerations, best practices, and data metrics. She handles all aspects of pre-trial litigation and discovery, including preparation, briefing, and argument of discovery motions, motions to dismiss, motions for summary judgment, preparation of experts for deposition, and taking and defending depositions, including corporate representative 30(b)(6) depositions. Kathy has served as trial counsel in federal jury trials, where she handled direct and cross examinations of numerous fact and expert witnesses and briefed and argued trial motions and jury instructions.

At Redgrave, Kathy works with clients to develop practical discovery strategies in litigation and investigation matters, as well as with respect to handling all aspects of discovery representation and advocacy. She leads and manages all stages of the discovery process and directs these matters to meet client objectives. Her approach to customizing and implementing tailored processes and workflows to support complex matters, and her development of efficient procedures for client matter management, make her uniquely situated to assist clients in addressing their high-stakes litigation and investigation needs. Kathy also advises clients with respect to information governance and data privacy issues.

Some of Kathy’s recent work experience includes:

Developing investigation, claims handling, and litigation strategies for large national insurers designed to detect, prevent, and obtain recoveries for systemic insurance fraud in jurisdictions across the country
Representing insurers with respect to fraud schemes involving billing for medically unnecessary services or services not rendered, upcoding, unbundling, violating anti-kickback and patient brokering laws, as well as violating state licensure laws and prohibitions against corporate practice of medicine
Advising clients with respect to data collection and analytics
Managing all aspects of complex commercial litigation, including in affirmative litigation addressing claims of fraud, conspiracy, unjust enrichment, and violations of the Racketeer Influenced and Corrupt Organization (RICO) Act, as well as the California Insurance Frauds Prevention Act and the Illinois Insurance Claims Fraud Prevention Act
Negotiating pre-litigation settlements with healthcare providers on behalf of insurers
Training attorneys and paralegals regarding insurance fraud investigations and litigation

As a trial lawyer, Kathy has represented clients in the following representative litigation matters:

Representing a property and casualty insurer, including handling all aspects of affirmative and defensive discovery, in a RICO and fraud action in Michigan against physicians, clinics, MRI providers, and others, alleging they performed and billed for medical, physical therapy, and MRI services that were medically unnecessary or not performed
Representing a health insurer in a fraud action alleging that physician-owned entities in Texas fraudulently billed for facility fees performed in ambulatory surgery centers by the physician-owners based upon kickback arrangements between the centers and physicians
Representing a worker's compensation insurer in a RICO and fraud action in Texas against physician and compounding pharmacy, alleging they performed and billed for medically unnecessary pain management injections and topical compounds
Representing a property and casualty insurer in a RICO and fraud action in Florida against chiropractors, physicians, and others, alleging they performed and billed for medically unnecessary mobile electrodiagnostic and ultrasound tests
Representing a multimedia entertainment company that publishes an internationally circulated magazine, operates television networks, and distributes programming via mobile and online platforms in obtaining judgment against evasive international publishers for breaching international trademark license agreement
Representing a property and casualty insurer in a RICO and fraud action in New York against wholesalers and retailers of durable medical equipment and orthotics, alleging they billed for items that were not provided, were not medically necessary and were supported by fraudulent wholesale invoices

Prior to joining Redgrave LLP, Kathy was a partner at Seyfarth Shaw LLP. Her previous experience also includes roles, including as a Partner, at Katten Muchin Rosenman LLP. She has been recognized by Illinois Super Lawyers as a “Rising Star” for General Litigation and was named to BTI Client Service All-Stars.

ORGANIZATION INVOLVEMENT & MEMBERSHIPS:

Kathy is a board member of the Lynn Sage Breast Cancer Foundation.

EDUCATION:

Kathy received her J.D. from Northwestern University School of Law and her B.A. from Northwestern University. During law school, she was a member of the Northwestern University Law Review. She is admitted to practice in Illinois.