Kenneth N. Rashbaum

Expertise

In his thirty years of experience as a litigator, trial lawyer and counselor, Kenneth N. Rashbaum has been the trusted advisor to health care providers, health plans and multinational corporations on information governance and its compliance with federal, state, and international law. He has served as partner and Co-Chair of the E-Discovery, Compliance and Data Management Practice Group of AmLaw 100 law firm Sedgwick, Detert, Moran & Arnold, LLP, and Director of Consulting of Fios, Inc., where he founded and supervised the Health Care and Cross-Border divisions.

Ken has vast experience counseling multinational corporations on data protection and privacy laws and regulations in Europe, Asia, Canada, and South America. In his capacity as a nationally known expert on data privacy, he counsels health care providers on compliance with federal, state and judicial standards governing protected health information preservation, use and disclosure.

Accomplishments

• Recognized as a thought leader on international information governance and disclosures
• Recognized as an expert in HIPAA and state privacy compliance, serving as HIPAA and privacy counsel to major hospital systems, health plans and physicians’ groups
• Prepared and implemented electronic information management protocols for multinational petrochemical and specialty chemical companies
• Advised major hospital systems on protocols for implementation of electronic health records, with counsel on risk management issues in access, uses and disclosures of electronic patient information
• Prepared and delivered training sessions on information management for life sciences corporations
• Counseled multinational corporations on preservation and collection of data from eleven countries in Europe and Asia with regard to litigation over trade secret theft
• Prepared protocols for data management for international law firm, drafted training materials, and presented training sessions to implement the protocols
• Served as national e-discovery counsel for multinational pharmaceutical corporations and global e-discovery counsel in IP litigation
• Achieved multiple successes in health care and products liability litigation
• Appointed to faculty of the Federal Judicial Center (September, 2010 session) and Georgetown Advanced E-Discovery Institute (November 2009 session)

Professional Background and Education

• Director of Consulting, Cross-Border Data Transmission Conflicts and Health Care Privacy: Fios, Inc.
• Senior Litigation Partner and Co-Chair of the E-Discovery, Compliance and Data Management Practice Group: Sedgwick, Detert, Moran & Arnold, LLP
• Principal: Koenisgsberg, Norman, Rashbaum & Genova (Health Care, Construction, Employment and Civil Rights Litigation) Litigation Associate: Bower & Gardner (Health Care and Products Liability Trials and Mediation)
• Assistant District Attorney, Kings County, New York: (Prosecution of Homicides and other Violent Felonies)
• J.D., Hofstra University School of Law, 1978
• B.A., summa cum laude, State University of New York, College at New Paltz, 1975

Affiliations

• The Sedona Conference® Working Group 6: Cross-Border Discovery, Disclosure and Privacy Conflicts. Co-Editor-In-Chief, The Sedona Framework For Analysis of Cross-Border Discovery Conflicts: A Practical Guide To Navigating The Competing Currents Of International Data Privacy And Discovery
• The Sedona Conference® Working Group 1: Health Care Group, Preservation of Electronic Documents and Data
• American Bar Association International Law Section (Vice-Chair, International Litigation Committee; Vice-Chair, International Information Services, Technology and Data Protection Committee)
• New York State Bar Association: Health Law Section
• American Health Lawyers Association

Selected Publications

• “Managing the Unmanageable: E-Discovery and Electronic Health Information,” American Bar Association EDDE Journal, Vol. 1, Issue 4 (Autumn, 2010)
• “North vs. South: A Look At Data Discovery and Privacy Conflicts Between the U.S. and South America,” ALSP Update, Spring 2010
• The Sedona Framework For Analysis of Cross-Border Discovery Conflicts: A Practical Guide To Navigating The Competing Currents Of International Data Privacy And Discovery, The Sedona Conference®, Working Group 6 (Co-Editor- In-Chief), August 2008
• “Electronic Service of Process At Home and Abroad: Allowing Domestic Electronic Service of Process in the Federal Courts,” Ronald J. Hedges (former U.S.M.J.), Kenneth N. Rashbaum and Adam C. Losey, Federal Courts Law Review (October, 2009)
• “Scaling the Virtual Tower of Babel: Legal, Historical and Cultural Challenges to Cross-Border Data Flows,” presented at The Sedona Conference® International Programme on Cross-Border eDiscovery, eDisclosure and Privacy Conflicts, Barcelona, Spain, June 9-10, 2009
• “Virtual Jurisdiction: Does International Shoe Fit in the Age of the Internet?” BNA Digital Discovery And Electronic Evidence, February 2009
• “Digital Discovery Across Borders,” Defense Research Institute In-House Quarterly, Fall 2008
• “Flat World” Electronic Discovery: A Cyber-Tower of Babel?”, Privacy and Security Journal, (March 2007) (coauthor)
• “A Single Instant Message Can Land Your Client in a New York Court: The Deutsche Bank Case,” Privacy and Security Law Journal (September, 2006); also published as “U.S. Jurisdiction Over European Nationals,” Data Protection Law and Policy (July 2006) and “U.S. Jurisdiction Over Foreign Nationals,” E- Commerce Law & Policy (June, 2006)

Selected Presentations

• “Cloud Computing and Data Protection: Best Practices,” ABA-Israel Bar Meeting, Eilat, Israel, June 2011
• “A Perfect (Electrical) Storm: The Electronic Health Record in Litigation and Oversight Proceedings,” AHRM-NY, December, 2010
• “U.S. e-Discovery and Data Protection: Between A Rock and a Hard Place?,” ABA-DAV Conference, Frankfurt, Germany, June 2010
• “Information Governance and Global Commerce Disputes: Challenges for Japan,” Japanese Institute of International Business, Tokyo, Japan March 2010
• “Clash of Cultures: Cross-Border E-Discovery and Data Management,” Georgetown Advanced E-Discovery Institute, November, 2009
• “Navigating European Data Protection Laws in U.S. Litigation: Best Practices and Practical Solutions,” New York City Bar Association September, 2009
• “Key Legal and Cultural Challenges to Cross-Border eDiscovery, eDisclosure and Data Transfers,” The Sedona Conference® International Programme on Cross-Border eDiscovery, eDisclosure and Privacy Conflicts, Barcelona, June 2009
• Speaker, American Bar Association International Law Section Annual Meetings, 2007-2010
• “The Latest Tools and Techniques Used to Simplify and Streamline the Enormous Burdens Imposed by E-Discovery Obligations,” Rutgers Business Law Journal E- Discovery Symposium, Rutgers Law School, March 2009
• “Protecting the Privilege in the Era of Electronic Evidence,” American Corporate Counsel, New Jersey Chapter, June 2008
• “Do You Really Want to ‘Delete’ or ‘Send’?,” Hospital Insurance Forum, March 2008
• “The Virtual Border Is Mined: Risks and Challenges in Cross Border Data Collection and Discovery,” Bermuda Insurance Institute, March, 2008
• “Navigating Data Privacy Issues for Multinational Data Collection and Review,” LegalTechTM New York, February 2008
• “Medical Privacy v. Public Safety: Law Enforcement Access to Medical Information Under HIPAA,” New York Prosecutors Training Institute, September, 2006