
Karen Palmersheim has broad experience in representing health care, insurance and other corporate clients in litigation, regulatory and other business matters in the Los Angeles office. She has litigated commercial contract, business, entertainment, health care, insurance, real estate, construction, toxic tort, unfair business practices, class action, discrimination and employment cases, and has tried cases in both federal and state courts and in arbitration. She also advises clients on contract, risk-management, regulatory, and insurance coverage matters.
Ms. Palmersheim participated in the Trial Advocacy Program through the Los Angeles County Bar Association in 1998, and prosecuted criminal misdemeanor trials for the Van Nuys City Attorney's office. She is a faculty member for the Deposition Skills course offered by the National Institute for Trial Advocacy (NITA) for practicing lawyers. She is a member of the Board of Directors for the Barlow Respiratory Hospital Foundation, a Foundation Associate of the Women Business Leaders of the U.S. Health Care Industry Foundation, and a member of the Pasadena Tournament of Roses Association. She publishes health care law legal updates for the California State Bar Health Care Committee (on which she also serves), as well as for the Payors, Plans and Managed Care Committee of the American Health Lawyers Association.
Ms. Palmersheim also counsels clients on Medicare Secondary Payer issues and compliance with reporting obligations under the Section 111 MMSEA (“Medicare, Medicaid and SCHIP Extension Act of 2007”).
Ms. Palmersheim also leads the Firm's California Business Development Initiative for the Los Angeles, Sacramento and San Francisco offices.
Health Care
Ms. Palmersheim has broad experience in litigating specific health care related issues for her health care clients (both payors and providers), including health plans, hospitals, physician groups, skilled nursing facilities, federally qualified health centers, and other businesses subject to regulation.
She has represented clients on a variety of issues involving contract interpretation, such as issues involving termination provisions, continuity of care, risk sharing agreements, recoupment, material change, post-stabilization notification requirements, timely filing provisions, reciprocity provisions, eligibility, authorization, Medicare secondary payer rules, coordination of benefits, interpretation of division of financial responsibility agreements in capitation agreements, false claims, unfair competition under California Business and Professions Code section 17200, and specific reimbursement issues involving stop loss, invoices, implants, case rates, disallowed charges, medical bill review, out-of-network issues, pre-admission charges, level of care, and coding, as well as member-related issues including eligibility, coverage, statutory mandates, “bad faith” and elder abuse.
Ms. Palmersheim represents clients with issues of compliance with the California Knox-Keene Health Care Service Plan (HMO) Act, the California Insurance Code, and Medicare. She assists health plans in responding to regulatory investigations and enforcement matters, and with the regulatory appeals process involving both providers and enrollees. She also helps health plans with regulatory filings, such as Knox-Keene applications and compliance with timely access regulations. Ms. Palmersheim is actively involved with the California Association of Health Plans and regularly participates in industry conferences and the Legal and Regulatory Affairs Committee with health plan representatives.
Business Litigation and Employment
Ms. Palmersheim has both prosecuted and defended cases for clients (including Fortune 500 companies) in many areas of industry, involving a wide range of issues. Some examples include representation of: a shoe manufacturer in an international distributor dispute, a hotel chain in “guaranteed reservation” litigation, producers in entertainment contract disputes, landlords in landlord/tenet disputes, contractors and subcontractors in construction defect disputes, business owners in sales and purchasing disputes, a real estate broker in a misrepresentation case, an automobile dealership in an eminent domain dispute, and a law school in contractor and educational claims litigation. Ms. Palmersheim also represents employers in employment disputes, such as wage and hour class actions, age and sexual discrimination, and wrongful termination. She has also handled “SLAPP” actions and obtained (or defended against) temporary restraining orders and injunctions when her clients needed immediate relief.
Insurance
Ms. Palmersheim has defended insurance carriers in breach of contract and “bad faith” actions brought by policyholders involving numerous coverage and claims processing issues. She has helped clients win multiple motions for summary judgment filed in state and federal courts involving first party breach of contract and “bad faith” claims arising under both property and commercial liability policies. Many of those cases involved sophisticated issues such as efficient proximate cause, pollution exclusions or scope of advertising injury coverage, as well as various claims handling issues. She has also helped insured clients win summary judgments in premises liability (negligent security/criminal acts), malicious prosecution and legal malpractice cases. Ms. Palmersheim has helped clients at trial through pretrial motion punitive damages and claims dismissals, and defense judgments through jury verdict or Judgment as a Matter of Law prior to verdict.
Education
- J.D., magna cum laude, Southwestern University School of Law, 1994
Articles Editor, Law Review Exec. Board, American Jurisprudence Awards, Constitutional Law and Legal Ethics
Dean's List (1991-1994) - B.A., English, University of California, Berkeley, 1988
Bar Admissions
Admitted To Practice
- Supreme Court of California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the Northern District of California
Reported Decisions
- Katersky v. State Farm Fire & Casualty Co. (9th Cir. 1999) 203 F.3d 831
- Shaw v. State Farm Fire & Casualty Co. (9th Cir. 1999) 201 F.3d 445
- Monarch E&S Insurance Services v. State Farm Fire & Casualty Co. (C.D. Cal. 1999) 38 F. Supp. 2d 841
Publications & Presentations
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Presenter,
"Medicare Secondary Payer Act – Key Tips for Compliance,"
JVP Partners, Inc. Insurance Law Forum, Chicago
(December 7, 2011)
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Presenter,
"Developing Trends in Managed Care Litigation: Perspectives from Health Plan and Provider Counsel,"
Los Angeles County Bar Health Care Section
(December 1, 2011)
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Presenter,
"Medicare Secondary Payer Act & Section 111 MMSEA Reporting – What Attorneys and Insurers Need to Know NOW,"
Webinar for California State Bar
(November 9, 2011)
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Author,
"Locke Lord QuickStudy: Medical Provider Full Billed Charges Irrelevant on Claim for Past Medical Expenses,"
Locke Lord
(August 18, 2011)
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Presenter,
"Medicare Secondary Payer Act and Section 111 Reporting Obligations,"
Los Angeles, CA
(July 26, 2011)
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Co-Author,
"Locke Lord QuickStudy: California’s “Unconscionability” Rule Against Many Class Action Arbitration Waiver Clauses Preempted,"
Locke Lord
(April 28, 2011)
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Author,
"Locke Lord's QuickStudy: California Court of Appeal Rules No Cost of Repair Damages for Lessee Waste During Pendency of Lease,"
Locke Lord
(March 7, 2011)
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Author,
"Locke Lord's QuickStudy: California Supreme Court Interprets UCL Standing Requirement Broadly in False Advertising “Made in U.S.A.”,"
Locke Lord
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Author,
"Locke Lord's QuickStudy: Judge Rules on Consumer Watchdog Autism and APA Lawsuit Filed Against DMHC,"
Locke Lord
(January 12, 2011)
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Co-Author,
"Stricter Scrunity, Reporting and Enforcement of Elder Abuse Is on Its Way Through Elder Justice Act,"
AHLA Connections Magazine
(August 23, 2010)
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Author,
"Client Alert: Treble Damages Available for Seniors and Disabled Adults Beyond CLRA Claims,"
Locke Lord
(August 11, 2010)
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Presenter,
"Will the CLASS Act Solve Our Long-term Care Crisis?,"
for Senior Networking at Harbor Terrace Assisted Living
(July 20, 2010)
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Author,
"Client Alert: Two New California Class Action UCL Standing Cases Address “Reliance”,"
Locke Lord
(April 26, 2010)
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Author,
"Client Alert: Supreme Court’s Decision Opens Doors to Lawsuits Under the Federal Class Action Fairness Act,"
Locke Lord
(February 25, 2010)
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Co-Author,
"Client Alert: Did the Latest California Supreme Court UCL Decision Create More Uncertainty?,"
Locke Lord Bissell & Liddell LLP
(May 20, 2009)
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Author,
"Fairer' Unfair Competition Law?"
(Article on Proposition 64's Changes to Unfair Competition Law under Business and Professions Code section 17200)
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Author,
"Lucas v. South Carolina Coastal Council: How Lucas' Effect on Regulatory Takings Will Change California Coastal and Endangered Species Regulation,"
23 Sw. U.L. Rev. 177
(1993)
Professional History
Professional Affiliations & Achievements
- "Top Attorney," Pasadena Magazine (2010, 2011)
- Faculty, National Institute for Trial Advocacy
- Member, State Bar of California, Health Law Committee
- Board of Directors, Barlow Respiratory Hospital Foundation
- Member, Pasadena Tournament of Roses
- Foundation Associate, Women Business Leaders of the U.S. Health Care Industry Foundation
- Member, Women in Health Administration of Southern California
- Member, American Health Lawyers Association
- Former Board of Directors, Leadership Pasadena
- Former Chair, Redstone Foundation for Ageless Living
- Member, Los Angeles County Bar Association Health Law Section
- Participant, Los Angeles County Bar Association Trial Adovocacy Program (1998)
- Member, Provisors (2001-2011)
- Named, Super Lawyers Rising Star (2006)
- Named, Who's Who in America (2006)
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