Claire O’Brien

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161 appearances 1 recordings 1 series first heard Aug 2026 last heard 7 Aug

Claire O’Brien’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 1 in all, peaking in Aug 2026 with 1.

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AHLA's Speaking of Health Law · What Health Care Providers Should Know When Responding to Subpoenas or Other Legal Demands · 7 Aug 2026 podcast

I think I think there's at least one court uh that yes, um, kind of sided with the Department of Justice on that.

But then as, you know, shown by this order yesterday, some judges are going the other way.

So this remains a very um sort of hot topic from a litigation perspective.

Yeah.

Um well moving into we have a little bit of time left.

Maybe we can talk about practical insights.

So um

Yeah.

One protective order that I saw recently I thought had a surprising number of material omissions.

Uh, you know, it purported to be a HIPAA compliant protective order and had that language in there, but then from a practical perspective it didn't make a lot of sense.

So it

They'll define what information was subject to the order, uh, who the information could be disclosed to, or the timeline for return and destruction of the information at the end of the action.

Um so typically when I'm looking at a protective order, I'd like it to say something along the lines of within thirty or forty-five days of the end of this action, uh the receiving party will return or destroy the information that is the subject of this protective order.

Uh and this one that I was giving as an example also

fail to address how to handle inadvertent disclosure or how to handle disputes over confidentiality designations.

Um and those are things that are not explicitly required by the HIPAA rules, but are common sense provisions that you'll want to make sure are they in the protective order so that it's meaningful and workable in practice.

It's just a good example of how it changes in every single context.

You know, so you're gonna have to think about what, you know, is it just a subpoena and you're working with the other party to draft a protective order that you're gonna submit to the court, or has the court dictated something and you're in a little bit of a different situation?

See, I use another hearing another perspective, which is you get the subpoena, it doesn't come with a protective order and then you say, Hey, we're gonna need one, send one over.

They send it over and then you say it's missing all of these things that would make a lot of sense.

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