Kenneth N. Rashbaum

Partner at Barton, LLP

Expertise

As a litigator, trial lawyer and counselor, Kenneth N. Rashbaum has been the trusted advisor to multiple health care providers, health plans and multinational corporations on information governance and its compliance with federal, state, and international law, the interface of electronic information of legal and regulatory liabilities, and international judicial assistance.  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 founded the Firm’s HIPAA Practice Group.

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 corporations
  • 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 and F.D.A. compliance 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 procedures, procedures and training materials in privacy and security, consistent with HIPAA and other federal and state laws, for healthcare law firms and other Business Associates
  • Served as national e-discovery counsel for multinational pharmaceutical corporations and global e-discovery counsel in IP litigation
  • Multiple successes in health care and products liability litigation
  • Appointed to faculty of the Federal Judicial Center (September, 2010 session) and the Georgetown Advanced E-Discovery Institute (November 2009 and December 2012 sessions)
  • Ken is an Adjunct Professor of Law at Fordham University School of Law and had been a member of the Adjunct Faculty at the Maurice A. Deane School of Law at Hofstra University from 2013 – 2015.
  • Tried multiple cases in products liability, commercial litigation, professional liability and criminal law to successful conclusions

Professional Background and Education

  • Senior Litigation Partner, Chair of the HIPAA Practice Group 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
    • B.A., summa cum laude, State University of New York, College at New Paltz,

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
  • American Bar Association International Law Section (Co-Chair, International Litigation Committee; Vice-Chair, International Information Services, Technology and Data Protection Committee)
  • New York State Bar Association: Health Law Section and International Law Section

Selected Publications

  • “Admissibility of Non-U.S. Electronic Evidence” (Knouff, Matthew F. and Murray, Dominique, co-authors), Richmond Journal of Law and Technology, VXIII Rich. J. L. & Tech 10 (2012), http://jolt.richmond.edu/v18i3/article9.pdf
  • “U.S. Legal Holds Across Borders: A Legal Conundrum?”(Knouff, Matthew F. and Albert, Melinda C., co-authors), North Carolina Journal of Law and Technology, Volume 13, Issue 1: Fall 2011
  • “EHR Templates: Time Savers Or Patient Safety Risk?” Medical Economics October 2011
  • “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

Selected Presentations

  • “Cyber-Security: Legal Obligations, Precautions and Best Practices,” ABA Section of International Law-Israel Bar Association Joint Conference, Eilat, Israel, May 2013
  • “First Do No Harm: Preserving and Admitting Foreign ESI,” Georgetown Advanced e-Discovery Institute, December, 2012
  • “Where Are Your Data Tonight? Social Media and Economic Espionage,” American Bar Association Section of International Law Spring Meeting, April, 2012
  • “Privilege In Electronic Communications,” New York City Bar Association February, 2012
  • “Customs Stations On The Life Sciences Information Highway: Trans-Border Privacy and Data Protection,” New York State Bar Association-Ontario Bar Association Meeting, Toronto, Ontario March 2012
  • “The Crossroads of Incident Response Planning and Data Breach Notification Obligations,” Master’s Conference, Washington, D.C., October, 2011
  • “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
  •  “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, 2007-2011
  • “The Virtual Border Is Mined: Risks and Challenges in Cross Border Data Collection and Discovery,” Bermuda Insurance Institute, March, 2008