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Practice Profile:
Kenneth D. McArthur, Jr. practices primarily in the health care industry as an attorney, a lobbyist, and a consulting expert. Mr. McArthur is also Assistant Professor of Pharmacy Law in the Doctor of Pharmacy Program at the Virginia Commonwealth University's MCV School of Pharmacy. For more than a decade, Mr. McArthur has assisted health care professionals, businesses and associations in a broad spectrum of legal and government relations matters ranging from those involving simple counseling to those involving highly-sophisticated litigation. He has also been frequently consulted as an expert on health care issues and the health care industry. Mr. McArthur has been selected by his peers to be included in Virginia Business Magazine's list of top attorneys in Virginia (known as the "Legal Elite") practicing in the area of Health Law. Law & Politics named Mr. McArthur a 2006 Super Lawyer in the category of Health Care.
Mr. McArthur is the founder and current head of DurretteBradshaw's Health Care Practice Group. He is also a member of the firm's Business/Taxation and Complex Litigation practice groups-as these groups also routinely handle health care-related matters.
Health Care
As a member of the firm's Health Care Practice Group, Mr. McArthur advises health care professionals, health plans, health plan sponsors, and other health care businesses on compliance with Virginia and federal health laws and regulations. He also assists the firm's health care clients with audits, investigations, regulatory matters, government enforcement matters, contractual negotiations, and payment disputes.
Business/Taxation
Mr. McArthur works with other members of the firm's Business/Taxation Practice Group in helping health care professionals to conduct their businesses while safely navigating the "legal minefields" created by the numerous and ever-changing state and federal laws and regulations governing business transactions within the health care industry.
Complex Litigation
While Mr. McArthur has worked on a variety of civil and criminal matters in state and federal courts, most of his litigation experience comes from working on complex litigation matters-including multi-district litigation ("MDL") matters and class actions. He regularly assists the other members of the firm's Complex Litigation Practice Group on litigation matters involving the health care industry. For example, Mr. McArthur is currently serving as both an attorney and a consulting expert on In Re Brand Name Prescription Drugs Antitrust Litigation (MDL 997), a major federal antitrust action that has been described as "one of the largest antitrust cases in American history." Elzinga, Kenneth G., and David E. Mills. "The Brand Name Prescription Drugs Antitrust Litigation (1999)." In The Antitrust Revolution: Economics, Competition, and Policy, 4th edn., edited by John E. Kwoka, Jr. and Lawrence J. White, 302. New York: Oxford University Press, 2004.
Expert Consulting
Mr. McArthur has been consulted as an expert on health care issues and the health care industry by national law firms; state and national health care provider associations; state and national consumer groups; task forces, subcommittees and committees of the Virginia General Assembly; the Virginia Joint Commission on Health Care; the Virginia Department of Medical Assistance Services; Virginia Commonwealth University's MCV School of Pharmacy; the Office of the Public Advocate for the City of New York; the U.S. Federal Trade Commission; the U.S. Food and Drug Administration; the U.S. Department of Justice; the U.S. Department of Labor; state attorney generals' offices; individual state and federal legislators; and members of the local, state and national press.
Government Relations
Mr. McArthur has been involved in all aspects of the state legislative process in Virginia including: formulating and drafting proposed bills, administrative regulations and study resolutions; drafting position statements; organizing and directing "grassroots" lobbying efforts; and formally appearing before administrative agencies and legislative committees.
At the federal level, he has worked with the Centers for Medicare and Medicaid Services, the Food and Drug Administration, the Office of Inspector General of the Department of Health and Human Services, the Federal Trade Commission, the Department of Labor, and the Department of Justice.
Personal Background:
Mr. McArthur earned his law degree from Mercer University in 1994, after graduating from Virginia Commonwealth University with dual majors in Philosophy and Political Science in 1990. He is also an alumnus of the Collegiate School in Richmond, Virginia. He was born in 1966 in Germany, where his father was serving as an officer in the United States Army.
Professional Affiliations:
American Health Lawyers Association
American Bar Association (Antitrust Section and Litigation Section)
Virginia Bar Association (Civil Litigation Section and Health Law Section)
Virginia State Bar (Antitrust, Franchise & Trade Regulation Section; Health Law
Section; and Litigation Section)
Richmond Bar Association
Phi Delta Phi International Legal Fraternity
Publications:
Mr. McArthur has published numerous articles on legal issues affecting health care professionals, health plans, health plan sponsors, and other health care businesses.
Community Involvement:
Mr. McArthur served on Governor Tim Kaine's Health and Human Resources Transition Policy Committee. The committee was comprised of health care professionals from multiple disciplines from across the Commonwealth. Committee members were tasked with providing a complete picture of the health care needs the Commonwealth faces.
He has been actively involved in numerous charitable and civic organizations. Currently Mr. McArthur serves as the President of the Board of the Historic Richmond Foundation and serves on the Longwood College Center for the Visual Arts Board. He coaches youth lacrosse and is a parishioner of St. Stephen's Episcopal Church in Richmond, Virginia.
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