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2026-03-25 13:00:00

2 Credits

Master healthcare M&A data risk. Structure compliant record transfers, conduct targeted privacy diligence, and allocate successor liability confidently.

2026-03-25 13:00:00

Master healthcare M&A data risk. Structure compliant record transfers, conduct targeted privacy diligence, and allocate successor liability confidently.

2026-03-25 13:00:00

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Trusted by Legal Professionals

Key topics that will be covered

What will you learn

How medical records are transferred, how HIPAA and consumer health data statutes apply transactionally, and how privacy risks affect valuation, deal structure, and successor liability.

What will you gain

A practical framework for structuring compliant record transfers, conducting privacy diligence, allocating risk in transaction documents, and managing regulatory exposure throughout a healthcare transaction.

Record Transfers
Regulatory requirements governing transfer, custody, retention, and valuation of medical records in transactions.
Privacy Laws
Federal and state privacy regimes applied transactionally, including compliance obligations, patient rights, and enforcement.
Cybersecurity Diligence
Assessment of breach history, ransomware exposure, vendor ecosystems, AI tools, and data flows.
Risk Allocation
Representations, warranties, indemnification provisions, and insurance mechanisms allocating privacy and cybersecurity risk.
Enforcement Trends
Federal and state oversight of healthcare data practices and implications for deal timing.
Successor Liability
Managing compliance obligations, transition services arrangements, and legacy data risks following closing.

What will you learn

How medical records are transferred, how HIPAA and consumer health data statutes apply transactionally, and how privacy risks affect valuation, deal structure, and successor liability.

What will you gain

A practical framework for structuring compliant record transfers, conducting privacy diligence, allocating risk in transaction documents, and managing regulatory exposure throughout a healthcare transaction.

Agenda

Session 1

Transfer and Treatment of Medical Records in Healthcare Transactions

Session 2

Data Risk and Regulatory Scrutiny in Healthcare M&A: Diligence, Deal Structure, and Successor Liability

clock 1:00 pm - 2:00 pm EST

Transfer and Treatment of Medical Records in Healthcare Transactions

Monica R. Chmielewski

Foley & Lardner

Melissa K. Bianchi

Hogan Lovells

Khaled Mowad

Hogan Lovells

Examine legal and regulatory frameworks governing medical record transfers across mergers, affiliations, and asset sales. Explore HIPAA compliance, state privacy laws, data ownership, custodianship models, and practical strategies for managing ongoing obligations after closing.

Monica R. Chmielewski

Foley & Lardner

Melissa K. Bianchi

Hogan Lovells

Khaled Mowad

Hogan Lovells

clock 2:10 pm - 3:10 pm EST

Data Risk and Regulatory Scrutiny in Healthcare M&A: Diligence, Deal Structure, and Successor Liability

Monica R. Chmielewski

Foley & Lardner

Melissa K. Bianchi

Hogan Lovells

Khaled Mowad

Hogan Lovells

Analyze how patient data flows, breach history, and AI-enabled tools affect deal valuation and structure. Gain practical guidance on privacy diligence, risk allocation, consumer health data laws, and avoiding successor liability post-closing.

Monica R. Chmielewski

Foley & Lardner

Melissa K. Bianchi

Hogan Lovells

Khaled Mowad

Hogan Lovells

01 02
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Monica R. Chmielewski

Foley & Lardner

Melissa K. Bianchi

Hogan Lovells

Khaled Mowad

Hogan Lovells

Monica R. Chmielewski

Foley & Lardner

Monica R. Chmielewski is a partner at Foley & Lardner LLP and vice chair of the firm’s Health Care Practice Group. She concentrates her practice exclusively on health care and life sciences matters, representing health systems, hospitals, academic medical centers, pharmaceutical, biotech, and medical device companies, as well as pharmacies. Monica advises clients across the full life cycle of medical research, development, and commercialization, including regulatory compliance, clinical trials (including decentralized trials), FDA submissions, manufacturing, supply chain matters, and complex health care transactions.

Education & Credentials

Monica earned her Juris Doctor, cum laude, from Wayne State University, where she was inducted into the Order of the Coif. She received her undergraduate degree in Government and Ancient History and Archaeology from Franklin and Marshall College. She is admitted to practice law in Illinois and Michigan.

Recognition & Leadership

Monica has been recognized by Chambers USA: America’s Leading Business Lawyers in Healthcare: Pharmaceutical/Medical Products Regulatory from 2020 through 2025. She has also been named a Thomson Reuters Stand-out Lawyer for 2023–2024 and has been recognized in The Legal 500 for her work in Life Sciences.

Professional Involvement

Monica is a frequent author and contributor to Health Care Law Today, where she writes on emerging FDA guidance, clinical trial considerations, digital health technologies, and life sciences regulatory developments. She is also an experienced speaker, presenting topics such as research misconduct proceedings, FDA regulatory updates, and digital health compliance issues.

Experience

Monica provides ongoing counsel to health care providers and life sciences companies on regulatory compliance matters governing clinical research, including Institutional Review Board issues, investigations of research misconduct, and adherence to good clinical practice standards. She advises clients on FDA submissions, 510(k) applications, pharmaceutical product promotion — including off-label considerations — and the regulation of software and mobile applications as medical devices. Her practice also includes advising on drug and device supply chain regulation, pharmacy and PBM contracting, group purchasing organization negotiations, and federal and state compliance obligations. Monica represents clients in government investigations and audits and counsels on compliance matters involving the False Claims Act, Stark Law, Anti-Kickback Statute, HIPAA, and related laws. In addition, she serves as transactional counsel in mergers, acquisitions, joint ventures, and other complex health care and life sciences transactions, and advises clients on structuring and regulatory issues related to telemedicine and telehealth services.

Monica R. Chmielewski

Foley & Lardner

Monica R. Chmielewski is a partner at Foley & Lardner LLP and vice chair of the firm’s Health Care Practice Group. She concentrates her practice exclusively on health care and life sciences matters, representing health systems, hospitals, academic medical centers, pharmaceutical, biotech, and medical device companies, as well as pharmacies. Monica advises clients across the full life cycle of medical research, development, and commercialization, including regulatory compliance, clinical trials (including decentralized trials), FDA submissions, manufacturing, supply chain matters, and complex health care transactions.

Education & Credentials

Monica earned her Juris Doctor, cum laude, from Wayne State University, where she was inducted into the Order of the Coif. She received her undergraduate degree in Government and Ancient History and Archaeology from Franklin and Marshall College. She is admitted to practice law in Illinois and Michigan.

Recognition & Leadership

Monica has been recognized by Chambers USA: America’s Leading Business Lawyers in Healthcare: Pharmaceutical/Medical Products Regulatory from 2020 through 2025. She has also been named a Thomson Reuters Stand-out Lawyer for 2023–2024 and has been recognized in The Legal 500 for her work in Life Sciences.

Professional Involvement

Monica is a frequent author and contributor to Health Care Law Today, where she writes on emerging FDA guidance, clinical trial considerations, digital health technologies, and life sciences regulatory developments. She is also an experienced speaker, presenting topics such as research misconduct proceedings, FDA regulatory updates, and digital health compliance issues.

Experience

Monica provides ongoing counsel to health care providers and life sciences companies on regulatory compliance matters governing clinical research, including Institutional Review Board issues, investigations of research misconduct, and adherence to good clinical practice standards. She advises clients on FDA submissions, 510(k) applications, pharmaceutical product promotion — including off-label considerations — and the regulation of software and mobile applications as medical devices. Her practice also includes advising on drug and device supply chain regulation, pharmacy and PBM contracting, group purchasing organization negotiations, and federal and state compliance obligations. Monica represents clients in government investigations and audits and counsels on compliance matters involving the False Claims Act, Stark Law, Anti-Kickback Statute, HIPAA, and related laws. In addition, she serves as transactional counsel in mergers, acquisitions, joint ventures, and other complex health care and life sciences transactions, and advises clients on structuring and regulatory issues related to telemedicine and telehealth services.

Melissa K. Bianchi

Hogan Lovells

Melissa K. Bianchi is a partner in the Washington, D.C. office of Hogan Lovells and leads the firm’s digital health initiative. She brings a cross-disciplinary approach to digital health products, including mobile applications, wearable technologies, and other health IT solutions. Well versed in health privacy law, she advises pharmaceutical and biotechnology companies, health plans, hospitals, and academic medical centers on complex health data issues arising under the Health Insurance Portability and Accountability Act (HIPAA) and other U.S. privacy and regulatory frameworks. Her practice spans digital health innovation, clinical research compliance, health information exchange, and prescription drug coverage issues under Medicare Part D, Medicaid expansion, and broader health reform initiatives.

Education & Credentials

Melissa earned her Juris Doctor from Stanford Law School and her A.B., magna cum laude, from Harvard University. She is admitted to practice in the District of Columbia and in California.

Recognition & Leadership

Melissa has been recognized by The Legal 500 US for her work in Healthcare: Health Insurers and Technology: Data Protection and Privacy. She was also named one of Nightingale’s Outstanding Young Healthcare Lawyers.

Professional Involvement

Melissa is a frequent speaker and thought leader on digital health, prescription drug coverage, and health reform developments. She regularly advises trade associations, pharmaceutical companies, and health plans on evolving Medicare Part D and Medicaid prescription drug coverage issues and broader regulatory changes affecting the life sciences industry.

Experience

Melissa advises pharmaceutical, biotechnology, digital health, and health information technology companies, as well as hospitals and academic medical centers, on privacy, data governance, and clinical research compliance. She counsels clients on structuring research activities under HIPAA, managing health information exchange and meaningful use requirements, and addressing genetic information and data repository issues. Her experience includes serving as outside privacy counsel on clinical trial recruitment initiatives, advising on the use of mobile technologies in clinical trials and patient support programs, conducting privacy assessments, and guiding clients through data breach response and compliance obligations. She also represents pharmaceutical companies and health plans in matters involving Medicare prescription drug coverage and health reform implementation.

Khaled Mowad

Hogan Lovells

Khaled Mowad is counsel in the New York office of Hogan Lovells, where he advises clients across industries — including technology, health care, sports, media, and financial services — on the legal, regulatory, and commercial issues surrounding data, innovation, and risk. Drawing on deep experience with U.S. federal and state privacy and consumer protection laws, including HIPAA, the California Consumer Privacy Act (CCPA), the FTC Act, the General Data Protection Regulation (GDPR), and the Gramm-Leach-Bliley Act (GLBA), he helps organizations navigate complex compliance obligations, structure data-sharing arrangements, and negotiate commercial agreements involving sensitive information and emerging technologies. His practice frequently involves high-stakes business partnerships, mergers and acquisitions, strategic procurement, and large-scale data transactions, particularly in highly regulated sectors such as health care.

Education & Credentials

Khaled earned his J.D. from Harvard Law School and his B.A. from Rutgers, The State University of New Jersey. He is admitted to practice in New York and New Jersey.

Recognition & Leadership

Khaled has advised clients on complex, high-value transactions and strategic collaborations across regulated industries, including matters involving multinational organizations and data-driven business models.

Professional Involvement

Khaled regularly contributes to client advisories and thought leadership addressing emerging developments in data protection, AI, and regulatory risk management.

Experience

Khaled draws on deep experience with U.S. federal and state privacy and consumer protection laws, including HIPAA, the California Consumer Privacy Act (CCPA), the FTC Act, the General Data Protection Regulation (GDPR), and the Gramm-Leach-Bliley Act (GLBA). He regularly counsels clients — from start-ups and emerging companies to established multinational organizations and investors — on structuring data-sharing arrangements, negotiating commercial agreements involving sensitive information and emerging technologies, and mitigating regulatory and transactional risks. With a particular focus on health care and other highly regulated industries, Khaled supports clients as they deploy digital solutions, leverage data as a strategic business asset, and navigate compliance considerations in complex transactions and innovation-driven initiatives.

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of Bias, etc.)
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Why Attend

Why this 
program matters

Healthcare M&A counsel must command data privacy law, record transfer obligations, and successor liability frameworks to protect clients from escalating regulatory and financial exposure.
$5.7B
in healthcare-related False Claims Act settlements were recovered by federal prosecutors in FY 2025, the highest single-year total ever, signaling intensifying enforcement exposure for healthcare transaction counsel.
76%
of all federal HIPAA enforcement actions in 2025 included a risk analysis failure penalty, making it the most cited violation and a direct liability flashpoint in healthcare transactions.
$7.42M
was the average cost per healthcare data breach in 2025, the costliest industry for 14 consecutive years, creating significant post-closing liability exposure in M&A transactions.
910+
health services M&A deals closed in 2025 with deal value surging 56% in H1, each carrying data risk, successor liability, and regulatory compliance obligations.

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