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Healthcare Data Privacy: Regulatory Investigation and Litigation Readiness

SKU: LIT3800
Total Credits
1 - 1.4
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In theory, the advent of electronic files should make the acquisition and organization of information easier. However, it’s important to take into account that the limitless nature of e-files means that files may contain an excess of information. This is especially true of medical files, almost all of which will be in electronic format by 2015 and will then include everything from texts and emails to audit trails and data in imaging systems as well as metadata. Once filed, this information will be demanded by Federal and State regulatory agencies in investigations and by attorneys and the courts for the purposes of litigation.

This CLE course will discuss the challenge of properly preserving, locating and producing health information filed in electronic charts and will also analyze how a properly managed system can reduce costs, improve care and avoid pitfalls.

Lecturer Bios

Kenneth N. Rashbaum, Esq.

Kenneth N. Rashbaum advises multinational corporations and healthcare organizations in the areas of privacy, cyber-security and e-discovery. He counsels multinational corporations on information governance and its compliance with federal, state, and non-U.S. laws; the interface of e-commerce and legal and regulatory liabilities in areas such as cyber-security and breach response. Ken has vast experience in preparation of protocols for compliance with data protection and privacy laws in the U.S. and other countries; conduct of information security and data breach response assessments, investigations and remediation initiatives; and policies for social media legal and regulatory compliance.

Ken serves as special e-discovery counsel for complex litigation and in matters in which electronic evidence from beyond the U.S. is required. He has been recognized internationally as a thought leader in electronic discovery and disclosure, and has served as national e-discovery counsel for multinational pharmaceutical corporations and global e-discovery counsel in products liability and IP litigation. Ken was appointed to the faculty of the Federal Judicial Center for its September, 2010 session and the Georgetown Advanced E-Discovery Institute (November 2009 and December 2012 sessions) to lead sessions on international e-discovery issues and challenges.

In his capacity as a nationally known expert on data privacy, Ken counsels healthcare organizations on compliance with federal, state and judicial standards governing protected health information. He has served as HIPAA and privacy counsel to major hospital systems, health plans, physicians’ groups, cloud computing providers and health information application developers; advised academic hospital systems on protocols for implementation of electronic health records; and provided counsel on risk management issues in access, uses and disclosures of electronic patient information.

Ken is an Adjunct Professor of Law, Maurice A. Deane School of Law at Hofstra University.

Prior to joining Barton, Ken was a senior litigation partner in the New York office of Sedgwick LLP (formerly Sedgwick, Detert, Moran & Arnold) where he was the Co-Chair of the E-Discovery, Compliance and Data Management Practice Group.

Sanjay Manocha, Esq.

Sanjay Manocha is the Director of Discovery Analytics and Review at RVM Enterprises, Inc. He oversees the implementation of advanced analytics and predictive coding technologies in RVM’s eDiscovery practice. An expert consultant in various eDiscovery areas, Mr. Manocha’s primary focus is the advisement and implementation of discovery analytics strategies for Am Law 100 firms and leading corporate legal departments. Formerly a practicing commercial defense attorney, he is especially in tune with the discovery strategy implications of leveraging these technologies.

Sanjay’s advisement on analytics technologies and workflows focuses on client eDiscovery needs and is geared toward cost-savings, enhanced performance and the advancement of discovery practice standards.

Prior to joining RVM, Sanjay was the CEO and co-founder of N-Tier Discovery, a premier analytics-driven consulting and managed review company. At N-Tier he developed Structured Review™. In 2012, RVM acquired N-Tier Discovery and brought Mr. Manocha on board as Director of Discovery Analytics and Review.

From 2006 to 2009 Sanjay was a complex commercial litigation and regulatory associate at a prominent regional law firm. There he also specialized in government investigations and eDiscovery, advising the firm and its clients on the collection, management, analysis and the production of ESI.

Mr. Manocha holds dual degrees in computer science and economics from Rutgers University. He earned his Juris Doctor from Seton Hall University School of Law. He is in high demand as a speaker at industry conferences throughout the nation and has contributed works to notable publications.

Sanjay believes in giving back to the community and joins RVM in its support of diversity issues and in the importance of mentorship and education. He is a strong supporter of Big Brothers, Big Sisters of New York, NJ LEEP, the Streetlaw Program and the City Bar Justice Center’s Consumer Bankruptcy and Foreclose Defense Project in New York.

Salvatore Mancuso

Sal Mancuso is the Director of Client Services at RVM Enterprises, Inc. He maintains and strengthens client relationships through establishing protocols based on best practices. An expert in the industry with more than 25 years of experience providing litigation and practice support services from both the law firm and the service provider side of the industry, Sal’s unique perspective is invaluable.

Mr. Mancuso is a pioneer in the eDiscovery industry and has achieved tremendous success creating and restructuring litigation support departments at Am Law 100 firms. His expertise comes from a deep understanding of both in-sourcing and outsourcing models.

In addition to his expertise in the areas of eDiscovery and practice support, Mr. Mancuso is a recognized leader in strategic and effective project management, data management and record retention. Sal is a Professor and Advisory Board Member of the Litigation eDiscovery Paralegal program at Bryan University. He is a former member of the Georgetown Law eDiscovery Academy faculty and presently serves as a member of the Georgetown Law eDiscovery Practice Support Project – Oversight Committee. In addition to his role as an educator, Sal is the current President of The eDiscovery, Compliance and Litigation Support Management Association, Inc. (ECALSM).

Mr. Mancuso holds a BS in Finance from St. John’s University and an MS in Information Systems from Pace University. He is in demand as a speaker at industry conferences throughout the nation and has contributed works to notable publications.

An avid football fan, Sal enjoys running a youth sports program, sponsored by the NFL, dedicated to teaching the fundamentals of flag football to girls and boys from 9 to 15 years of age. In his spare time, he helps run charity events that have contributed to the Make-A-Wish Foundation, Breast Cancer Awareness and Men’s Health Issues.

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