- 2000, California
Zuzana S. Ikels is a litigation partner in the firm's San Francisco Office. The focus of her practice includes handling complex commercial disputes in health care and health care technology.
Ms. Ikels has successfully defended her clients against dozens of consumer class actions involving federal and state consumer-protection statutes and privacy laws, the False Claims Act, and other complex business disputes. She has an in-depth knowledge of IT and Big Data infrastructures, from advising on electronic records and retention programs. privacy and consent policies, devising strategic, e-discovery plans, database discovery and Big Data analytics.
Through her extensive knowledge of federal and state statutes and regulations governing health care privacy and security, Ms. Ikels devises creative and results-oriented legal strategies in high-stakes litigation. She has handled dozens of complex disputes and class actions involving federal and state competition, consumer protection statutes and other privacy-related laws. She frequently counsels, presents on, and writes about privacy, interoperability, transparency, consent, and other cutting edge laws and regulations, which effect the health care and heath care technology providers.
- Obtained a dismissal of a hospital client from a qui tam action in California state court Relaters: 54 insurance carriers asserted violations of California's Insurance Fraud Prevention Act, the False Claims Act and Unfair Competition Law (UCL) related to purported insurance billing fraud and counterfeit implants. A number of defendants were out-of-state individual and corporate defendants including our client. Plaintiffs maintained that all of the defendants -- hospitals. surgeons, distributors, and sales representatives --conspired together, despite their geographic and occupational diversity and the fact that many are direct competitors. We filed a motion challenging the personal jurisdiction. which the Court granted and dismissed the hospital from the action.
- Represented one of the largest. national providers of health care services against a novel, corporate negligence theory in medical malpractice case.
- Represented a Southern California hospital in a qui tam action alleging insurance billing fraud, and related personal injury suits.
- Obtained dismissal with prejudice of a physician's lawsuit regarding a medical staff privileging decision.
- Successfully obtained dismissal of a putative TCPA lawsuit, on the pleadings, in the Southern District of California, on the grounds that the plaintiff was a serial filer who solicited and invited solicitations and telemarketing calls, appeared to consent to the calls, and the calls did not qualify as telemarketing calls. Knutson v. Blue Light Security (U.S. District Court, Southern Dist. of California, March 5, 2018).
- Bar Association of San Francisco, Executive Committee of the Litigation Section. 2016-2019
- Barrister Edward J. McFetridge American Inn of Court, 2011-2014
- American Constitution Society, Bay Area Chapter, 2009-2011
- American Health Lawyers Association
- California Society of Healthcare Attorneys
Honors & Awards
- Selected as one of California's "Top 20 Under 40" in 2012 by the California Daily Journal
- Selected for inclusion in Northern California Super Lawyers, Business Litigation, and Top Northern California Women Attorneys, 2013-present
Presentations & Speaking Engagements
- “Developments in Privacy Law That Induce Insomnia,” Co-Panelist/Moderator with Patricia Kim, Chief of Litigation Chief at Microfocus and Shreya Patel, Privacy Counsel at Salesforce, Women, Influence & Power in Law Conference, Washington D.C., October 11, 2017.
- “Expert Testimony of the Future: Machine Leaning and How it Will Impact Litigation” Co-present with Berkeley Law Professor Justin McCrary, for the San Francisco Bar Association, July 12, 2017.
- “When the Feds Are Away, the States will Play” – Presented on the recent state activity in data privacy, presented before the ACC Northern California Chapter of In-House Counsel, July 11, 2017.
- “Beware Before You Share: Legal Challenges Regarding the Sharing Economy,” Moderator, June 12, 2017.
- “Bias and Lawyering: What Can We Do?”, Moderator, January 20, 2017.
- “Successfully Navigating Arbitration: Perspectives from the Judge and the Arbitrator,” Co-Moderator, Bar Association of San Francisco - Litigation Section, October 7, 2016.
- “Incorporating a Privacy Program into Your Corporate Culture,” at the National Women, Influence & Power in Law Conference, Washington D.C., September 21-23, 2016
- “Trial Tactics from Opening to Closing: Session Three Bar Association of San Francisco,” Moderator, June 21, 2016.
- “Class Actions: What's New, What's Hot, and What's Not,” Polsinelli Business Law Institute; Chicago, June 14, 2016.
- “2016 CSHA Compliance Update: Issues You Need to Prepare for NOW,” Co-Presenter with Judy Waltz, 2016 CSHA Annual Meeting & Spring Seminar, April 8, 2016.
- “Emerging Tech-Enabled Solutions,” California Society of Healthcare Association, 2015 Fall Seminar, November 6, 2015.
- A Reversal of Fortune: Living with FERA and the 60-Day Refund Rule, Presentation at the HCCA’s Healthcare Enforcement Compliance Institute, Washington DC, October 25, 2015.
- Litigation and Statistics “Practical Skills for Lawyers”, Guest Lecture, University of California Berkeley Law School, September 29, 2015.
- Fraud and Abuse - Year in Review, HCCA Web Conference re: significant false claim and health care fraud court decisions of 2014, January 2015.
- Presented "Fashion Rules! (and Laws)" to SFMade, June 26, 2014.
- Moderated and Co-Organized, with the Innovative Fashion Council of San Francisco, a Panel Discussion about the Pending Design Piracy and Prohibition Act, August 2009.
- Co-panelist on Developing a Document Retention Policy in Light of the Amendments to the Federal Rules of Civil Procedure, California Bankers Association Conference, Dana Point, CA, March 29, 2007.
- Speaker on Electronic Discovery at the Northern California General Counsel Roundtable, San Francisco, CA, May 3, 2005.
- Co-panelist on Electronic Discovery at the California Bankers Association Conference, Newport Beach, CA, April 8, 2005.
Health Law Perspectives
- June 2018
- “Congressional Task Force Issues Report on Cybersecurity in the Health Care Industry,” published in Houston Medical Times, and Polsinelli on Privacy Blog, August/July 2017.
- “CNN Video Data Win Leaves Spokeo Door Open For App Users,” Featured in Law360, April 27, 2017.
- “Senate Votes to Repeal FCC Privacy Rule Governing ISP Providers,” PolsinelliOnPrivacy.com Blog, March 27, 2017.
- “Ninth Circuit Broadens Whistleblower Protections, Circuits Split,” The Recorder, March 14, 2017.
- “New Guidance This Week from FTC on Best Practices Against Phishing,” PolsinelliOnPrivacy.com Blog, March 8, 2017.
- Privacy & Data Security: 2017 Year in Preview, Polsinelli White Paper, January 2017.
- “Who decides: arbitrator or judge?” California Daily Journal, Vol. 129, No. 156, August 12, 2016.
- “FDA Isn’t Moving to Regulate Devices that Track Your Fitness Regimes,” Polsinelli Health Tech Blog, August 4, 2016.
- “Google's 3rd Circ. Win Keeps Door Ajar For Video Privacy Suits,” Law360, June 28, 2016.
- “App Users Get Privacy Lifeline in First Circuit VPPA Ruling,” Law360, May 3, 2016.
- “FTC Issues Warning to Application Developers,”PolsinelliOnPrivacy.com Blog, March 21, 2016.
- “How Can Mobile Apps Avoid The Complex Web Of Privacy Statutes? Don’t Let A ‘Consumer’ Become Your ‘Subscriber’,” Law360, November 24, 2015.
- Privacy Takeaways From The Neiman Marcus Breach Case, Law360, August 3, 2015.
- Reverse Payment Settlements as Basis for False Claims Act Liability, FCA Polsinelli Blog, July 23, 2015.
- Highlights Of The Class Cert. Ruling In Yahoo Privacy Case, Law360, June 4, 2015.
- Authored, “E-Discovery as a Weapon,” The Recorder, No. 89, May 10, 2010.
- Co-authored with Judge Barbara Caulfield (Ret.), "Electronic Discovery Issues For 2002: Requiring the Losing Party to Pay for the Costs of Digital Discovery," Sedona Conference.