Michal E. Ovadia

What do you focus on?

Investigations

I represent clients through all stages of state and federal government investigations and related litigation. My practice also encompasses internal and regulatory investigations, risk mitigation, and compliance matters in the health care space as well as other industries.

Medical Staff Issues

I assist hospital clients with resolving issues related to medical staff bylaws, physician and resident discipline and reporting, and compliance with Joint Commission standards and applicable law. I also conduct medical staff hearings and appeals.

Graduate Medical Education

I counsel academic medical centers, teaching hospitals, and medical schools with respect to attaining and maintaining Accreditation Counsel for Graduate Medical Education and American Osteopathic Association accreditation of the graduate medical education programs. I assist clients with all aspects of the application process, and I am also equipped to manage appeals and reconsiderations.

What do you see on the horizon?

I anticipate that the Biden-Harris administration will intensify government oversight and prioritize white collar offenses. Regulatory and enforcement agencies are expected to focus their efforts on a number of industries, including the life sciences, environmental, and financial services sectors. I also expect an uptick in False Claims Act enforcement actions in particular. Businesses are encouraged to conduct internal risk assessments and update compliance policies and procedures to ensure best practices.

Publications

• “Proposed Class Action Data Breach Suit Against Health Insurer Quashed for Lack of Sufficient Injury,” Pratt’s Privacy & Cybersecurity Law Report, September 2016
• “Proposed class action data breach suit against health insurer quashed for lack of sufficient injury,” Privacy Alert, June 2, 2016
• “Health care data breach case highlights risk to companies for unauthorized use of data by employees,” Health Care Alert, May 13, 2016
• “Fourth Circuit: insurer has obligation to provide defense under CGL policy to data breach claim,” Health Care Litigation Alert, April 25, 2016
• “California hospital settles data breach case with largest per plaintiff payout in history,” Health Care Alert, March 28, 2016
• “Second Circuit disagrees with Fifth Circuit on who is a whistleblower under Dodd-Frank—bound for the Supreme Court?,” Securities Law Alert, September 14, 2015
• “The New NPDB Guidebook brings changes for hospital and health care entity reporting of adverse clinical privileges actions,“ Health Care Alert, June 19, 2015
• “CMS releases revised 855R Application for Reassignment of Medicare Benefits,” Health Care Alert, December 2, 2014
• “Tax Breaks for Tattle Tales: Legislating to Catch Craigslist Criminals,” Hofstra Law Review, 2013