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
- 2007, California
- United States Patent and Trademark Office
Eric D. Chan is a Partner in the litigation department of Hooper, Lundy & Bookman, P.C. He is co-chair of the firm’s Recruiting Committee, as well as co-chair of the firm’s Diversity & Inclusion Committee.
Mr. Chan’s practice is focused on complex business litigation and arbitration on behalf of providers, with an emphasis on managed care litigation and health information technology (HIT). 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.
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.
- Board of Governors, Southern California Chinese Lawyers Association
- 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)
Presentations & Speaking Engagements
- October 22, 2019 – The LA Grand Hotel Downtown, Los Angeles, CA; October 23, 2019 - Hotel Shattuck Plaza, Berkeley, CA
- "Hello From the Other Side / What Healthcare Transactional & Litigation Attorneys Want Each Other to Know"Los Angeles, CA, April 24, 2018
- Sacramento, CA, March 26, 2018
- Los Angeles, CA, May 18, 2017
- Los Angeles, CA, March 15, 2017
- HLB Webinar Recording Now Available: Technology Contracts: From Negotiation to Litigation with Your HIT Vendor (November 18, 2014)November 18, 2014
- Webinar, November 18, 2014
- Los Angeles, California, November 6-7, 2014
- September 10, 2014
- 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).
- September 9, 2019
- August 5, 2019
- CMS Proposes Significant and Far-Reaching Hospital Price Transparency Requirements in CY 2020 OPPS Proposed RuleJuly 31, 2019
- Eric Chan Selected as a Member of the Diversity in the Profession Committee for the Los Angeles County Bar AssociationJune 14, 2019
- June 14, 2019
- May 30, 2019
- Court Orders May 28, 2019 Deadline for Healthcare Providers to Submit Reimbursement Claims Relating to Riverstone Capital LLCMay 16, 2019
- May 10, 2019
- Hooper, Lundy & Bookman Launches Webinar Series with Focused Discussions on Post-Acute Care PartnershipsMay 8, 2019PRNewswire
- May 3, 2019
- Hooper Lundy & Bookman Recognized Among the Top Health Law Firms in the United States by Chambers USAApril 25, 2019
- March 1, 2019
- January 22, 2019
- June 7, 2018
- May 3, 2018
- October 24, 2017
- December 14, 2016
- June 6, 2016
- May 17, 2016
- December 17, 2015
- September 10, 2015
- September 10, 2015
- March 25, 2015
- October 20, 2014
Health Law Perspectives
- BNA's Health Law Reporter, November 6, 2014
- Elite Center: New Case Law Casts Doubt on Health Plans' Favored Recoupment Theory Concerning Waiver of Patient Co-Payments, Health Law Perspectives (March 2017)
- CA Physician Practice Fraud Suit Against HIT Vendor Goes Forward, HLB Healthcare IT Blog, www.hlbhitblog.com, January 31, 2015
- Meaningful Use, Stage 3: Competing Visions for “Interoperability,” and Continuing Criticism, Health Law Perspectives, Volume 16, No. 9, October 2014 and HLB Healthcare IT Blog, www.hlbhitblog.com, October 23, 2014
- Underpaid For Out-of-Network Reimbursements? Keep ERISA Best Practices in Mind, Health Law Perspectives, Volume 16, No. 8, August 2014 (Co-Author)
- ACA’s Medical Device Tax: the Basics, Health Law Perspectives, Volume 15, No. 5, August 2013.
- KohSweeney, Vespremi & Chan, Spoliation In The Electronic Age (Bloomberg BNA 2013, 2011, 2010 eds.).
- "Asserting Foreign Patent Claims in U.S. Federal Courts: What’s Left after Voda v. Cordis?" (Albany Law Journal of Science & Technology, 2008) (selected as "one of the best law review articles related to intellectual property law published within the last year" and reprinted in Thomson Reuters’s 2009 Patent Law Review).
- "The Food and Drug Administration and the Future of the Brain-Computer Interface: Adapting FDA Device Law to the Challenges of Human-Machine Enhancement." (John Marshall Journal of Computer & Information Law, 2007).