Are data breaches covered under insurance policies?

April 14, 2016

In defending against a class action case where patient information was found online for months without being secured, the insurance company was found to have a duty to defend the defendant, who held an insurance policy that covered the publication of patient information. The case, Travelers Indemnity vs. Portal Healthcare, is important because it’s one of the first decisions to rule on whether data breach litigation is covered under commercial insurance policies.


Health care data breaches – inevitable, but you can minimize the damage

December 1, 2015

Data breaches in health care can be the most devastating, both to the consumers whose personally identifiable information was exposed, but also to the institutions that possessed this sensitive data. In this podcast Jay and Christina Hultsch review the various issues surrounding such data breaches, including when to review data security policies, how to prepare for a potential breach and how to deal with third-party vendor access.


Merger of St. Luke’s Health System and Saltzer Medical Group blocked

February 10, 2015

Today, the Ninth Circuit upheld a ruling by an Idaho Federal District Court that ordered St. Luke’s Health System Ltd. to divest its acquisition of Saltzer Medical Group. Jay discusses the importance of this ruling in today’s podcast.


The importance of the state action exemption on state licensing boards

November 26, 2014

This podcast discussed the background and potential legal implications, particularly on state licensing boards, of North Carolina Board of Dental examiners v. Federal Trade Commission, argued before the U.S. Supreme Court last month and previously summarized here. Jay Levine and Darcy Jalandoni, members of Porter Wright's Antitrust Group, provide an overview of the state action doctrine at issue in the case, analyze possible outcomes and assess the potential repercussions of the Court's decision. In particular, Jay and Darcy discuss how the Courts decision may affect how states will choose to license and oversee professionals (including medical professionals) in the future.