Insights & News

Firm Data Breach Practice in the News

December 14, 2013- Legal newspaper The Daily Journal ran an article describing our role for health care providers in obtaining writ relief in defense of pending class actions with multi-million dollar exposure following lost or stolen patient medical data. View pdf copy of article. The team of Rob Bunzel, Michael Abraham, Simon Goodfellow and Zaneta Butscher have contributed in multiple cases to the firm’s success in this highly topical field.

BartkoZankel appeared in the first hearing related to 11 coordinated class actions

BartkoZankel appeared in the first hearing related to 11 coordinated class actions brought against the firm’s health care provider client for alleged penalties following the theft of a password protected computer in October 2011. The cases raise novel issues regarding what is a release under the Confidentiality of Medical Records Act (CMIA) and the propriety of class treatment for CMIA claims. Robert Bunzel, Michael Abraham and Simon Goodfellow lead the BartkoZankel team. In re Sutter Medical Information Cases, Judicial Council Coordination No. 4698, Sacramento Superior Court.

Michael Abraham Continues Role as Update Editor for CEB’s “Alternative Dispute Resolution” Chapter

Michael Abraham continues in his role as the update editor for the chapter titled “Alternative Dispute Resolution” in CEB’s California Real Estate Brokers: Law and Litigation. Updates were provided in April and will be included in CEB’s published supplement.

Michael Abraham is Appointed Update Editor for CEB’s “Class Actions, Data Breach Litigation, and Privacy Concerns Before and During Trial” Chapter

Michael Abraham is a recognized expert in class action privacy litigation.  He has been appointed as the update editor for the chapter titled “Class Actions, Data Breach Litigation, and Privacy Concerns Before and During Trial” in CEB’s Privacy Compliance and Litigation in California.  The updates will be included in CEB’s published supplement.

Restoring CMIA’s Intended Balance

California’s Confidentiality of Medical Information Act (CMIA), Civil Code section 56 et seq., carefully balances obligations to handle and dispose of medical information in a manner preserving confidentiality with patients’ CMIA rights of action for nominal or actual damages. Disruption of this balance has recently been threatened by multiple class action lawsuits seeking to dictate privacy procedures and recover millions or, in one case, billions, of dollars from health care providers in response to the theft or loss of electronic databases. View a PDF of the article.

Michael D. Abraham Publishes Article in California Health Law News on Restoring California’s CMIA Balance

The Winter 2015 edition of California Health Law News (a Publication of the California Society for Healthcare Attorneys), Volume XXXIII, Issue 1, features an article by Michael D. Abraham on “Restoring CMIA’s Intended Balance.” View a PDF of the article.

Michael Abraham Authors CMIA Article Published in Winter 2015 Issue of California Health Law News

March 1, 2015 Michael D. Abraham authored an article concerning California’s Confidentiality of Medical Information Act’s (“CMIA”) intended balance having been restored through three key Court of Appeals decisions.  Each of the Court of Appeal’s decisions cites to briefs filed by this firm and adopts the CMIA statutory interpretation presented by this firm.  The article was published in the Winter 2015 issue of the California Health Law News.  The article concludes that many CMIA actions will be dismissed at the pleading stage or eliminated by summary judgment based on these important decisions. View a PDF copy of the article.