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In the News Press Release

Anthem Class Suit Highlights Data Breach Risks

Publisher: Bloomberg BNA's Privacy Law Watch
June 27, 2017

Eric Fader was quoted in an article, "Anthem Class Suit Highlights Data Breach Risks," published in Bloomberg BNA's Privacy Law Watch. As the article reports, Anthem Inc.'s recent $115 million settlement to resolve a 2015 data breach shows that healthcare companies that experience data breaches need to prepare for more than just federal government penalties. Fader told Bloomberg BNA that healthcare providers and insurers hit by data breaches now have to worry about not only investigations and enforcement actions by the Department of Health and Human Services' Office for Civil Rights, but also state attorneys general and plaintiffs' lawyers. "I have no doubt that we'll be seeing more of these class-action suits and settlements as data breaches continue to proliferate," Fader said. He also expressed surprise that there haven't been more private lawsuits in the nearly three years since the Connecticut Supreme Court ruled that HIPAA does not preempt negligence and breach of confidentiality claims in state courts.

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