On this episode of In the Trenches, McDermott partner and program host Brian Stimson sits down with Michael Kimberly, co-chair of McDermott’s Supreme Court appellate practice, and Bill Dombi, President of the National Association for Homecare and Hospice, to discuss their thoughts on the relationship between litigation and healthcare policy, including:

• Insights from Michael’s and Bill’s careers on the APA litigation side of health law

• How to engage with agencies to increase the likelihood of obtaining good policy outcomes without resorting to litigation

• Similarities between the rulemaking process and trial court proceedings, and the importance of appellate strategy to both

• Engagement with the Hill to help drive the outcome of the rulemaking process

• The challenges of litigation and parallel rulemaking

• Key cases to follow in 2022