Khaled John Klele

Bio

Khaled John Klele is a Partner in the Firm’s Health Care and Commercial Litigation Groups.

He has a philosophy of fully understanding each matter to better advise his clients. He provides counsel to a variety of providers, including ambulatory surgery centers, hospitals, laboratories, imaging centers, addiction centers, skilled nursing facilities, urgent care centers, and pharmacies.

Khaled has been with Riker Danzig since securing a summer associate position in 1999, joining the Firm as an attorney in 2000 after graduating law school.

Khaled’s detailed approach has assisted many of his clients, especially in regulatory compliance and health care litigation. He routinely services his health care provider and pharmacy clients in a variety of areas, including:

  • Negotiating provider agreements and addressing credentialing issues; for example, Khaled assisted a client in becoming one of the first urgent care centers to become credentialed by a major health insurer payor as an urgent care center, and even assisted in developing certain of the criteria for the credentialing process
  • Drafting and negotiating employment agreements or independent contractor agreements and addressing fair market value issues; Khaled also routinely represents health care providers in non-compete actions
  • Creating and advising management services organization: Khaled advises a variety of MSOs on compliance issues including the corporate practice of medicine and management fee issues
  • Ensuring State and federal healthcare regulatory compliance, including HIPAA and telemedicine: During the COVID-19 pandemic, Khaled drafted a telehealth and telemedicine guidance document outlining the changes to the rules and regulations before and after the start of the pandemic for a major medical malpractice carrier; he also assisted a multi-room licensed ambulatory surgery center in implementing a joint replacement robotics program in New Jersey
  • Conducting medical billing audits and litigation, hospital audits, payor audits, Medicare and/or Medicaid audits, Medicare appeals, and other health care reimbursement issues including ERISA and out-of-network claims and reimbursements; Khaled successfully represented an out-of-network multi-room licensed surgery center in a class action lawsuit against several payors
  • Representing physicians and other health care professionals before their respective boards for investigations, fair hearings, and disciplinary actions, as well as other licensing matters; for example, Khaled successfully assisted a client in petitioning the Board of Dentistry to consider a Dental Assistant as a “closely allied healthcare professional” so that she could form a corporate partnership with a licensed dentist
  • Addressing federal and State fraud and abuse issues including anti-kickback and Stark Law Compliance, self-referral issues, Federal False Claims Act, New Jersey Insurance Fraud Act claims, and health care qui tam actions; Khaled is routinely called on by clients to analyze prospective business structures and arrangements for compliance issues
  • Representing clients in mergers and purchases/sales of medical practices and facilities, including the purchase, sale, transfer or relocation of licensed facilities and forming multi-specialty groups
  • Conducting pharmacy audits, PBM audits and terminations, pharmacy network access issues, pharmacy licensing and change of ownership issues, pharmacy coupons, copayment assistance programs, and pre-printed prescription pads

Khaled created and is a frequent contributor to Riker Danzig’s Health Care Law blog, “The Juris Doctor Report.”

Khaled has been honored by Benchmark Litigation in its 2021 edition as a “Future Star.” He was selected as a “New Leader of the Bar” in 2012 by the New Jersey Law Journal. A high honor, the Law Journal selects for this recognition attorneys in their second decade of practice whose achievements in the workplace and public service involvement distinguish them from their peers. Khaled has also served as a member of the Supreme Court District XB Ethics Committee. See Awards and Honors Methodology.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Bar Admissions

New Jersey

United States District Court, District of New Jersey

New York

United States District Court, Southern District of New York

United States Court of Appeals, Third Circuit

Education

University of Virginia School of Law, J.D., 2000

Rutgers University, B.S., Phi Beta Kappa, Highest Honors, 1996

Professional Activities

Commerce & Industry Association's (CIANJ) Health Care Steering Committee

Health Care Editorial Board for Law360

Vice-Chair, Editorial Board of the American Bar Association’s Health Lawyer publication, September 2021

Legislative Committee of the New Jersey State Bar Association’s Health Law Section, November 2020

ABA Health Law Section

American Health Law Association

Medical Group Management Association

New Jersey Bar Association – Health Law Section

Representative Experience

In terms of his health care related litigation, the below are some of his representative cases:

  • Represented a leading provider of addiction services in connection with an investigation by the New Jersey Department of Health regarding an allegation of unnecessary lab testing. Khaled intervened on behalf of the provider and resolved the matter favorably.
  • Defended skilled nursing homes in professional negligence matters throughout New York and New Jersey.
  • Represented the Newark Public School District in dissolving a temporary restraining order that prevented the School District from switching its prescription benefit provider. The switch was opposed by one of the unions, and the Fund that oversaw the prescription benefits was evenly deadlocked between School District and Union Trustees. After the restraining order was dissolved, Khaled successfully argued that the Fund, which was created approximately 40 years ago, was ultra vires and had to be dissolved. After the Court held that the Fund was ultra vires, the parties settled, the Fund was dissolved, and the School District switched prescription benefit providers.
  • Defended a medical billing company in a professional negligence matter where an out-of-network provider alleged that the client failed to bill or inappropriately billed for medical services. After targeted discovery, Khaled successfully reduced the number of claims at issue from several hundred to less than 50 claims. The parties eventually settled favorably to the client.
  • Successfully represented Hackensack University Medical Center in a matter seeking to enforce confidentiality provisions against two of its former executives. After winning several discovery motions, our adversary settled on terms favorable to the client, including an extension of the former employees’ non-competes by another two years.
  • In terms of commercial litigation, Khaled has been involved in all phases of complex commercial litigation, successfully trying and arbitrating cases in state and federal courts at both the trial and appellate levels. He has litigated cases in New Jersey, New York, and Pennsylvania. He has broad experience in litigation and handles matters in various areas of the law, including products liability, consumer fraud, construction, contract disputes, partnership disputes, and non-compete and trade secrets litigation.

Some of his representative clients and cases are as follows:

  • Represents Carfax in consumer fraud and other tort related cases. Khaled has successfully defended Carfax over the years in a number of matters including Boos v. Carfax, Inc., 2013 WL 556694 (App. Div. 2013).
  • Defends companies, including John Guest USA, Inc., in product liability matters.
  • Represents Johnson & Johnson and a number of its affiliates in non-compete matters and has successfully obtained restraints against former employees and competitors. In one matter, Khaled succeeded in obtaining restraints against a former employee even though he did not have a non-compete agreement, after conducting a forensic review of his computer and discovering that he transferred confidential information to his personal email days before he resigned. In another instance, Khaled succeeded in obtaining restraints against a competitor and several sales representatives who resigned at the same time based on raiding. Within days, Khaled had an application for temporary restraints filed with the Court after conducting an investigation and forensic review of the employees’ computers and learning that one of the employees was working for the competitor while still employed by the J&J affiliate and was using his private and J&J work email accounts to solicit other J&J employees.
  • Represented a regional bus company and its owner in an ownership dispute. The case broke in favor of Khaled’s clients after he succeeded, over the objections of the adversary, in subpoenaing a third party for transcripts of tape recordings between the adversary and several third parties that revealed numerous admissions regarding the ownership issue. Thereafter, the matter settled favorably for his clients.
  • Represented PSE&G in a construction dispute related to an approximately $100 million dollar construction project regarding the addition of Selective Catalytic Reduction systems (“SCRs”) to its coal fired plant. During the litigation, Khaled learned the technology associated with SCRs, and was successful in getting the adversary’s expert, who was the leading expert in the world regarding SCRs, to admit to a defect in the SCRs’ duct burners. At the same time, Khaled successfully managed over 20 lien claim litigations that resulted from the project.

Publications

“Navigating COVID-19’s Impact: Advice for Healthcare Clients,” Commerce Magazine’s March 2021 edition

“New Jersey ASCs can now use antigen tests in COVID-19 screening, Becker’s Healthcare, October 2020

Financial Impact of COVID on Healthcare Clients,” Commerce Magazine’s October 2020 edition

“New Jersey tweaks COVID-19 testing rules for ASCs — 4 things to know,” Becker’s Healthcare, August 2020

“The Path to Successful Utilization of Alternative Payment Models,” co-author, Featured Article in the American Bar Association’s Health Lawyer’s June 2020 edition

“Best Practices for Health Care Providers,” Commerce Magazine’s October 2019 edition

Recent Speaking Engagements

Taking the Surprise out of the No Surprises Act, USI Insurance Services (April 2022)

Due Diligence Issues for Buyers and Sellers of Urgent Care Centers, BRI Network’s Urgent Care Centers Congress in Nashville, TN (March 2022)

Structuring Healthcare Management Arrangements: Corporate Practice of Medicine, Regulatory Compliance, Strafford, (January 2022)

Corporate Practice of Medicine and the Dos and Don’ts of MSOs, presented by Withum, (November 2021)

COVID-19: Cybersecurity, Telehealth and E-Commerce, Rutgers Law Record Virtual Symposium (April 2021)

A Healthcare Revolution: Telehealth Becomes the New Normal, Commerce & Industry Association of New Jersey (CIANJ) (March 2021)

Grab a Seat at the Table: Strategic Planning and Tools for Physicians and Group Practices at the American Bar Association Health Law Conference, Physicians Legal Issues: Healthcare Delivery & Innovation Virtual Conference (PLI) (September 2020)

Deconstructing the Physician Employment Agreement, webinar sponsored by The Fortis Agency, LLC (April 2020)

Payor Audits at the Ambulatory Surgery Center Boot Camp, sponsored by Riker Danzig and Sasso Consulting, LLC (February 2020)

Federal and State Regulatory and Litigation Update at the Ambulatory Surgery Center Boot Camp, sponsored by Riker Danzig and Sasso Consulting, LLC (February 2020)

The Path to Successful Utilization of Alternative Payment Models at the American Bar Association’s 17th Annual Washington DC Health Law Summit (December 2019)

Physician Fatigue and Finding Your Path to Resilience, sponsored by AON and B.I.G. (November 2019)

A Guide to Legal Research, sponsored by Riker Danzig (2015, 2017, 2019, and 2021)

Enforceability and Drafting of Restrictive Covenants, sponsored by Johnson & Johnson (January 2014)

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