• Corporate
  • Electronic Discovery and Document Retention
  • Health Care
  • Mergers and Acquisitions
• Internet, eCommerce and Technology Team

Patrick Kinder works with clients to solve corporate and business matters, specifically in the areas of health care and technology transactions. His broad range of experience includes establishing and structuring new businesses and restructuring existing businesses; client investment opportunities; mergers and acquisitions; contract drafting and negotiation; regulatory advice; and general legal advice and counsel. Patrick is a trusted part of the client team and serves as an advisor to other business advisors, such as brokers and accountants.

Patrick provides counsel on a variety of legal and regulatory matters to all types of health care businesses, including ambulatory surgery centers, single and multiprovider physician practices, cancer treatment centers, home health care and hospice groups, and ancillary service providers. His experience includes negotiating health information exchanges (or HIEs), mergers and acquisitions of physician practices and physician practice management companies, including those involving hospital-affiliated certified health organizations, also known as “5.01(a) organizations”; drafting and negotiating the full range of business contracts; managing private equity investments, including advising on private offerings and governing agreements for LLCs and partnerships; providing counsel under the Medicare/Medicaid Fraud and Abuse Statute, Stark Act, and HIPAA; reviewing leasing contracts; reviewing antitrust issues; drafting and implementing compliance plans; and advising on labor and employment and day-to-day matters, including those involving business “divorce” scenarios, such as physician departures from physician practice groups.

Patrick’s technology experience extends to virtually all aspects of the computer industry, including outsourcing; drafting and negotiating software license and maintenance agreements, including those for electronic medical records and health information exchanges (or HIEs) and those for downloading and installing applications for mobile devices, such as smartphones; drafting “terms of use” and “privacy policies” for Internet websites; drafting and negotiating distribution, reseller, VAR and OEM agreements for computer products; addressing independent contractors and other software development issues; handling acquisition and installation of client-wide computer systems; advising on copyright and other intellectual property issues governing the use and ownership of software; advising on immigration matters; and negotiating software acquisitions and dispositions.

Mr. Kinder’s technology- and computer-related practice includes such matters as:

• Contracts for software and hardware agreements.
• Mergers and acquisitions of technology companies.
• Negotiation of website development agreements and “terms of use” and “privacy policies” for client websites.
• Software licensing and distribution agreements.
• Acquisition and installation of client-wide computer systems.
• Copyright and other intellectual property issues governing the use and ownership of software.
• Negotiation of software acquisitions and dispositions.

• J.D., St. Mary's University School of Law, magna cum laude (1994)
• B.S., University of Oklahoma (1991)
  • Computer Science

Publications

• Co-Author, Physicians and Hospital-Based Home Health Agencies, Perspective, Tex. Ass'n for Home Care and Hospice Newsl. (May 22, 1996).
• Co-Author, Overtime Compensation and Its Impact on Home Health Aides and Personal Assistants, Perspective, Tex. Ass'n for Home Care and Hospice Newsl. (Nov. 30, 1995).

Speeches

• Presenter, Address at Texas Ass'n for Home Care and Hospice, HCSSA Administrator Program: Fraud and Abuse, Irving, Texas (June 26-28, 2012).
• Presenter, Address at Texas Ass'n for Home Care and Hospice, Executive Leadership Forum: Fraud and Abuse - The Realities, The Implications, Strategic Options, Dallas, Texas (June 6, 2012).
• Speaker, Address at Texas Ass'n for Home Care and Hospice, Capital Issues in Home Care Seminar: The Legal Labyrinth of Physician Payment and Referral (April 10-13, 1995).

• Member, State Bar of Texas

• Recognized, Texas Rising Stars, Law & Politics Media Inc. as published in Texas Monthly (2005)
  • Health Care
  • Intellectual Property