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Our Attorneys » James K. McClendon
James K. McClendon
Partner
Legal Experience
Mr. McClendon's practice emphasizes business, commercial and healthcare related litigation, including administrative matters and arbitrations. He regularly represents physicians, dentists and other healthcare professionals in disputes before their licensing boards. Mr. McClendon has extensive experience in healthcare related litigation involving business issues and disputes in the practice of medicine.
Specific Matters of Representation
- Representing healthcare professionals (physicians, dentists, physician assistants, nurses, psychologists, and licensed professional counselors, etc.) in licensing board matters and peer review matters, with an emphasis on chemically dependent professionals.
- Representing healthcare professionals in Medicaid and Medicare fraud investigations.
- Representing physician groups in disputes with management companies and insurance providers.
- Representing physician groups and physician management companies in disputes with TPAs.
- Representing hospitals in business and contractual disputes.
- Assisting businesses and individuals in resolving contractual disputes.
Representative Cases
- Mr. McClendon was the lead trial and appellate counsel in Board of Medical Examiners vs. Dunn, a case involving a doctor's attempt to restore his medical license. Mr. McClendon was successful through years of litigation in getting the doctor's license reinstated despite persistent efforts to the contrary by the Medical Board. The Texas Court of Appeals ruled that the Medical Board must follow the recommendations of the Administrative Law Judge in a contested case unless the Board can "establish a reasonable evidentiary basis" for rejecting the ALJ's determination. Since the Board did not meet this standard, the Austin Court of Appeals ruled in the doctor's favor, paving the way for the reinstatement of his license.
- Mr. McClendon recently defended a hospital, and its purchaser, in an arbitration brought by the seller seeking additional compensation under the transaction agreements. At issue were six disputed items arising from a working capital reconciliation applying Generally Accepted Accounting Principles. Seller sought over $4.5 million in additional proceeds. Arbitrator ruled in favor of purchaser, with a net recovery of $430,000, after an award of professional fees to Mr. McClendon’s client as the prevailing party.
- Since 1990, Mr. McClendon has represented in the neighborhood of 400 physicians and 50 dentists in contested matters before their respective licensing boards. He has consistently obtained superior results for his clients, both at the Informal Settlement Conference level, and through administrative appeals to the State Office of Administrative Hearings.
Education
- Doctor of Jurisprudence, The University of Texas School of Law, 1983
- Bachelor of Business Administration, with high honors, The University of Texas at Austin, 1980
Professional Licenses
- Attorney at Law, Texas, 1983
Prior Professional Experience
- Hilgers & Watkins, P.C., Director, 1983-2003
Speeches and Publications
- The Texas Medical Board: A View from the Inside, Brown McCarroll's 9th Annual Health Law Conference, October 2011, November 2011, Speech
- 2011 Legislative Changes to the Texas Medical Board, Advocate MD, September 2011
- Texas Medical Board Procedures, Advocate, M.D., 2008, Speech
- Avoiding and Dealing with a Psychology Board Complaint, Houston Neurological Society, December 2004, Speech
- How to Handle a Medicaid Investigation, McAllen Medical Society, 2003, Speech
- Fiduciary Duty Litigation, State Bar of Texas Advanced Litigation Seminar, 2000, Speech
- Dental Board Update, Gulf States Dental Association Annual Meeting, 1992-1999, Speech
- Litigation of the Save our Springs Ordinance, Travis County Bar Association, 1996, Speech
Professional Memberships and Activities
- State Bar of Texas
- Texas Bar Foundation, Fellow
- Travis County IOLTA Committee, Past Chairman
- Texas Medical Disclosure Panel, Department of State Health Services, Member
Community Involvement
- Past- President, The Creek at Riverbend Homeowner’s Association
- President, Westlake Pop Warner
Honors
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AV® Preeminent ™ Peer Review Rated
- AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.