Kenneth Rashbaum's Publications and Presentations
Mr. Rashbaum's publications include:
“Document Your Electronic Medical Records,” New Jersey Law Journal (Health Care Supplement) (December 12, 2005);
“Beyond HIPAA: Data Security Breach Laws Mandate Security and Written Electronic Health Data Management Policies,” Sedgwick’s Healthcare Law Newsletter (Fall 2005);
“State Law Challenges in Managed Care,” Chapter 4 of Managed Care Litigation (September 2005), published by the Bureau of National Affairs, Inc. (coauthored with members of Sedgwick’s Healthcare Practice Group);
“Medical Information Discovery in the Digital Age,” ABA Health eSource (June 2005), published by the American Bar Association Health Law Section;
“A Call for Federal Immunity to Protect Health Care Employers – and Patients,” Journal of Healthcare Risk Management (Spring 2005), published by ASHRM (American Society for Healthcare Risk Management) (coauthored with members of the ASHRM 2004 Advocacy Task Force);
“Can Offshore Outsourcing Be a Source of Privacy Claims?”, Healthcare Resource & Materials Management News (November/December 2004), published by AHRMM (the Association for Healthcare Resource & Materials Management of the American Hospital Association);
“Shadow in the Courtroom: Confronting the Death in a Wrongful Death Trial,” Trials & Tribulations (Fall 2004), published by the Defense Research Institute’s Trial Tactics Committee;
“Offshore Outsourcing of Health Data Services,” The Health Lawyer (August 2004), published by the American Bar Association Health Law Section;
"Use of Medical Information for Adverse Employment Decisions: A New Cause of Action," The Job Description (Winter 2004), published by DRI;
"Reviewing Discovery Under HIPAA Privacy Rules," New York Law Journal (August 17, 2001); and
"The Patient Health Information and Quality Improvement Act of 2000: Health Care Consumer Beware — or Befuddled?", Mealey’s Managed Care Liability Report (December 8, 2000). [To download the article in pdf format click here.]
Mr. Rashbaum has written and lectured extensively on preservation of confidential electronic data. He has also provided in-service seminars to various hospitals on topics such as the HIPAA privacy and security standards, confidentiality of psychiatric clinic records, advance directives, informed consent and the reporting and documentation requirements of the New York Patient Health Information and Quality Improvement Act of 2000. He also lectures on risk management issues to physicians, nurses and other healthcare professionals.
Mr. Rashbaum’s presentations include:
“Codifying the Trend: Proposed E-Discovery Amendments to the Federal Rules of Civil Procedure,” presented as part of Electronic Records Management & Discovery seminar cosponsored by Sedgwick and Kroll Ontrack in Los Angeles and San Francisco (November 2005);
“The Digital Maelstrom: Confidentiality, Preservation and Disclosure of Electronic Health Data,” presented at Columbia University’s Mailman School of Public Health (November 2005);
“Forensic Risk Management: Monitoring and Reporting Employee Misconduct,” ASHRM (American Society for Healthcare Risk Management) Annual Conference & Exhibition (October 2005);
“Fasten Your Seatbelts! Electronic Health Information, Document Management and Discovery,” presented at the American Bar Association (ABA) Health Law Section’s Managed Care & Insurance Interest Group meeting during the ABA’s 2005 Washington Healthcare Summit (October 2005);
“Fasten Your Seatbelts! Electronic Health Information, Document Management and Discovery,” presented during 2005 Managed Care Seminar in Hartford, CT (September 2005);
“Personal Asset Vulnerability: Do You Still Want to Be a Director – Despite Increased Responsibility, Static Compensation and Heightened Regulatory Scrutiny?”, presentation before in-house counsel, cosponsored with WESFACCA (Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel) (September 2005);
“Electronic Medical Records and Risk Management,” presented at the Weiler Hospital, Albert Einstein College of Medicine (July 2005);
“Codifying the Trend: Proposed E-Discovery Amendments to the Federal Rules of Civil Procedure,” presented as part of the Directors Roundtable seminar, Electronic Records Management & Discovery (June 2005 & February 2005);
“Still Want to Be a Director? Outside Directors' Liabilities and Company Risk in the Sarbanes-Oxley Era,” presented before the Santa Clara County Bar Association (June 2005);
“Medical Evidence vs. Medical Confidentiality in Child Abuse Investigation and Prosecution,” presented before the New York City Mayor's Child Abuse Task Force (April 2005);
Panelist, “Managing Consultant and Vendor Relationships in the Era of Electronic Health Information,” a 90-minute teleconference and live audio Webcast sponsored by the American Bar Association (ABA) Health Law Section and the ABA Center for Continuing Legal Education (February 2005);
“Labor and Employment Law Legal Research,” presentation at Legal Research: The Practical Ins and Outs of Research for Employment & Labor Law, Products Liability, Commercial Litigation, Antitrust and Bankruptcy, cosponsored with WESFACCA (Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel) (November 2004);
“Monitoring the Use of Office Technology,” seminar on electronic discovery and employer practices regarding employee use of office technology; cosponsored with WESFACCA (Westchester/ Southern Connecticut Chapter of the Association of Corporate Counsel) (October 2004); and
“The New Juggling Act: Reporting and Presenting Audit Results While Keeping Up With Mergers, Acquisitions and Offshore Outsourcing,” presented at the Auditing Roundtable's 2004 Fall Meeting and Exposition: The Role and Practice of EHS Auditing in a New Era of Corporate Governance and Management Systems (September 2004).
Scott Greenspan's Biography
Scott Greenspan is a seasoned commercial, insurance coverage and products liability litigator. Throughout his career, he has represented a host of large corporations in contractual disputes, franchise disputes, electronic discovery disputes, employment disputes, real estate litigation, intellectual property disputes, defamation disputes, bankruptcy disputes, lending disputes, and advertising industry disputes.
As a member of the firm’s Insurance Industry Team, Mr. Greenspan represents insurers in a host of coverage matters involving many different types of insurance policies and claims.
Scott Greenspan served for over two years as National Litigation Coordinating Counsel to a publicly traded specialty financial company which is the nation’s largest provider of financing and advertising in the taxicab industry. In that capacity, he served as the company’s chief advisor and primary outside litigator in commercial litigation and lending cases all over the country.
Mr. Greenspan also has experience in International Arbitration and recently successfully represented a Latin American restaurant franchisee in an arbitration against the world’s largest restaurant franchisor, garnering an award from the three-arbitrator panel that the franchisor had acted in bad faith toward the franchisee.
Mr. Greenspan also is experienced in First Amendment litigation and was part of a team that overturned a tax imposed by a southern state on certain types of controversial programming. He has also represented several tobacco and medical device manufacturers in product liability litigation and a number of real estate builders and developers in toxic mold litigation.
Litigation Matters:
Mr. Greenspan’s experience includes:
Successfully defending The Walt Disney Company and its subsidiaries that own the Walt Disney World Resort in several actions brought in New York federal court, winning motions to dismiss in both cases which held that the Disney entities that own The Walt Disney World Resort cannot be sued in any court in the State of New York because New York lacks personal jurisdiction over them, including the published decision of Intermor v. Walt Disney Co., 250 F. Supp. 2d 116 (E.D.N.Y. 2003).
Representing Medallion Financial Corp., Medallion Funding Corp. and Medallion Taxi Media, Inc. in a number of commercial litigation and lending actions in states around the country, earning Medallion substantial victories in those matters.
Representing policyholders in insurance coverage litigation matters for over seven years and recovering over $100 million for those clients. Those matters involved virtually every type of liability or property policy and concerned, among other things claims for environmental liability, property damage, business interruption, toxic tort injury, products liability, asbestos, Builder’s Risk, September 11th-related claims, collapse claims, employment practices liability, school system liability, Directors and Officers and Errors and Omissions. Insureds represented by Mr. Greenspan in those high-stakes insurance coverage matters includes two of the nation’s largest airlines, two of the nation’s largest airports, several of the nation’s largest drug and medical device manufacturers, a number of the nation’s largest real estate developers and property management companies, one of Arizona’s largest school districts and one of the most expensive cooperative apartment buildings in Manhattan. Mr. Greenspan’s substantial prior insured-side coverage experience gives him an invaluable perspective which he now applies to his insurer-side coverage practice at Sedgwick.
Representing a large family of advertising and marketing companies, which included one of the nation’s largest advertising agencies. Mr. Greenspan represented these advertising and marketing clients in broken mergers, employment disputes and national tobacco litigation involving advertising campaigns conducted by these clients. He successfully represented these companies in fending off burdensome requests for electronic discovery materials, including a request for all of the companies' e-mails stored on backup tapes.
Representing the nation’s leading cable news network in a number of complex commercial litigation actions in New York courts arising from disputes between the network and some of the cable systems that carried it. Mr. Greenspan successfully resolved all of those cases for the cable network, resulting in substantial settlements.
Defending two of the nation’s major tobacco manufacturers in product liability litigation in states around the country as well as a leading manufacturer of breast implants.
Affiliations & Accomplishments:
Scott Greenspan is admitted to practice law in the State of New York (1996) and the District of Columbia (1998). He is also admitted to the United States District Courts for the Southern and Eastern District of New York (1996) and to the bar of the United States District Court for the District of Columbia (1999)
Mr. Greenspan currently is a member of the American Bar Association and its sections on: (1) Tort and Insurance Practice; and (2) Litigation. Mr. Greenspan is also a member of the Insurance Coverage Committee of the ABA’s Section on Litigation. Mr. Greenspan is active in the ABA and has served as a Judge to the ABA’s National Moot Court Competition, which simulates United States Supreme Court arguments on constitutional issues. Mr. Greenspan is also a member of the District of Columbia Bar Association.
Mr. Greenspan serves as the President and Chairman of the Board of Directors and Board of Managers of Hawthorne Owners Corp. and the 211 East 53rd St. Condominium, which collectively constitute a large coop building on Manhattan’s East Side.
Presentations & Publications:
“Emerging Caselaw Governing the Preservation and Production of Electronic Documents – and the Consequences for Those Who Do Not Preserve and Produce Electronic Documents,” presented as part of Electronic Records Management & Discovery seminar cosponsored by Sedgwick and Kroll Ontrack Inc., November 2005 (Los Angeles, CA & San Francisco, CA);
“Compliance Standards for Retention and Production of Electronic Documents – Knowing the Do’s and Don’ts,” presentation as part of “Corporate Compliance: Do's & Don’ts” panel featured during Corporate Counsel Community Forum conference, organized by the Greater New York Chapter of the Association of Corporate Counsel and the ABA Section of Business Law’s Committee on Corporate Counsel, November 2005;
“Seventeen Secrets for Survival as a First-Year Associate at a Large Law Firm,” New York Law Journal Magazine (“First-Year Associates” issue), September 2005;
Directors Roundtable, "Emerging Caselaw Governing the Preservation and Production of Electronic Documents – and the Consequences for Those Who Do Not Preserve and Produce Electronic Documents,” Spring 2005 (Silicon Valley, CA) & Winter 2005 (New York, NY);
"Cost Effective Legal Research Strategies for Commercial Litigation," WESFACCA (Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel) seminar, Fall 2004; and
"Is Toxic Mold the Next Asbestos?", seminar for major New York commercial property owners, managers and insurers, Fall 2002.
Education:
Mr. Greenspan received his B.A. (1992), Magna Cum Laude, from The American University where he majored in Political Science and was a member of Pi Sigma Alpha National Political Science Honor Society. His J.D. (1995) is from New York University School of Law.