Photo of Eric D. Chan

Eric D. Chan



University of California, Los Angeles, B.S., 2003, summa cum laude

Stanford Law School, J.D., 2007

  • Co-editor-in-chief, Stanford Technology Law Review
  • Student Fellow, Stanford Cyberlaw Clinic

Bar Admissions

  • 2007, California
  • United States Patent and Trademark Office
Presentations & Speaking Engagements

Eric D. Chan is a Partner in the litigation department and co-chair of the firm’s Recruiting Committee, as well as its Diversity & Inclusion Committee.

Mr. Chan is a technology enthusiast and trial lawyer who advises clients on complex business litigation and arbitration on behalf of providers, with an emphasis on managed care litigation and disputes involving health information technology (HIT) and patent infringement. Mr. Chan’s health care and litigation experience encompasses a broad range. He has first-chaired jury trials and administrative proceedings to verdict, and has obtained favorable outcomes for his clients in arbitration and on summary judgment. He has also litigated patent infringement matters before federal district courts throughout the country. Mr. Chan regularly writes and speaks on a variety of issues relating to ERISA and the Affordable Care Act. He is also a member of the firm’s Fraud & Abuse Practice Group.

Mr. Chan’s practice also reflects a high degree of proficiency with technology. He has expertise in the areas of electronic health records (EHR), large scale electronic discovery, social media, and cloud computing. He also has experience litigating issues relating to EHR technology on behalf of health systems and other providers.

Mr. Chan appears regularly in federal and state courts, and in arbitration, on behalf of both plaintiffs and defendants.

Mr. Chan received his B.S. degree in Cybernetics, summa cum laude, from University of California at Los Angeles. He received his J.D. degree from Stanford University, where he was Co-Editor-In-Chief of Stanford Technology Law Review and a Student Fellow in the Stanford Cyberlaw Clinic. After graduation, he clerked for the Hon. Mariana R. Pfaelzer of the Central District of California.

Representative Matters

Hospital v. Blue Cross of California, et al. (federal lawsuit, 2018) – obtained summary judgment on behalf of Los Angeles-area hospital against Anthem Blue Cross.  A federal district held that Anthem and a self-funded benefit plan had violated ERISA by directing benefit checks to the patient following emergency care rendered by the hospital, which was out-of-network with Anthem.  The court ordered the defendants to pay the hospital even though hundreds of thousands of dollars’ worth of checks had already been deposited by the patients.

Applied General Agency v. Chinese Community Health Plan (Orange County Superior Court, 2017) – successfully defended provider-owned community health plan in three-week jury trial against breach of contract claims brought by health insurance broker.  The jury awarded just one-sixth of the damages sought by the plaintiff and its verdict effectively cut off plaintiff’s right to seek future commissions. 

Applied General Agency v. Chinese Community Health Plan (California Court of Appeal, Fourth District, 2019) – obtained favorable ruling denying request for millions of dollars in attorney’s fees sought by plaintiff.

Downey Surgical Center, Inc. v. Ingenix, Inc. et al. (class action, settled 2016) - Represented class of ambulatory surgery centers (ASCs) against United Healthcare, Ingenix (now Optum), and numerous self-funded ERISA health benefit plans regarding out-of-network payments.  Reached class settlement for $9.5 million for the benefit of California ASCs affected by defendants' low-payment practices.

Successfully defended health system against $50 million arbitration demand brought by national EHR vendor for breach of contract relating to software licensing and managed IT services.  (AAA Arbitration, 2015.)

Successfully represented client hospitals in a number of disputes with payors relating to out-of-network claims.

Successfully obtained hardship exceptions from the Center for Medicare and Medicaid Services (CMS) for both Eligible Hospitals (EHs) and Eligible Professionals (EPs), enabling them to avoid millions of dollars in "payment adjustments" under the Promoting Interoperability (formerly Meaningful Use) program.

Advised health systems and physician practices regarding efforts to comply with CMS’s Stage 1 and Stage 2 Promoting Interoperability regulations for EHR.

Advised clients on issues relating to enterprise-wide information technology systems, cloud computing, and issues relating to the preservation and spoliation of evidence.

Advise both acute and post-acute healthcare provider associations regarding allegations of patent and copyright infringement.

Defended California-based smartphone manufacturer and Korea-based smartphone manufacturer in patent infringement litigation relating to shared memory graphics semiconductor technology.

Defended international manufacturer of network equipment in patent infringement litigation brought by Ericsson, Inc. relating to communications patents purportedly essential to Wi-Fi technology.

Defended international manufacturer of office equipment and nationwide office supplies chain in patent infringement relating to gel wristpad technology.

Advised internet search giant on copyright licensing issues.

Professional Affiliations

  • Co-chair, Health Law Committee for the National Asian Pacific American Bar Association (NAPABA)
  • Member, California Society for Healthcare Attorneys
  • Member, Los Angeles County Bar Association, Healthcare Section and Diversity in the Profession Committee
  • Member, American Healthcare Lawyers Association
  • Member, HIMSS (Health Information and Management Systems Society)
  • Member, Judge Paul R. Michel Intellectual Property American Inn of Court (2007-2013)

Honors & Awards

  • Super Lawyers® Southern California Rising Star (2014-2019)
  • Law360 Rising Star (2019)
  • Significant Changes to the Federal Rules of Civil Procedure (firm-wide MCLE presentation, January 2016)
  • Panelist, Los Angeles Intellectual Property Law Association, "Nuts & Bolts: Perspectives and Insider Tips from Current and Former Federal Court Clerks" (March 2013)
  • Webinar, Asian Healthcare Leaders Association, The Electronic Health Records Incentives Program: The Good, The Bad, and The Ugly (with Felicia Sze) (February 2013).
  • The Judge Paul R. Michel Intellectual Property American Inn of Court, "Sex, Lies, and Mediation" (author and presenter) (CLE presentation) (January 2013).
  • The Judge Paul R. Michel Intellectual Property American Inn of Court, "Unregistered Famous Foreign Trademarks" (team leader and author) (CLE presentation) (May 2012).
  • Panelist, LegalTech West Coast 2012, "Exploring Hot E-Discovery Trends: FRCP Amendments, Social Media, and Emerging Case Law" (May 2012).
  • Social Media and Ephemeral Data, Pepperdine Law School (guest lecturer) (November 15, 2011).


Health Law Perspectives


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