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William H. Berglund

Counsel
Cleveland, OH | D 216.696.2698 | F 216.592.5009
overview

Bill Berglund spearheads health care and other business-related litigation, compliance, and risk management matters.

An experienced litigator and advisor, Bill achieves diverse solutions to complex legal problems for pharmaceutical, medical device, and other product manufacturers in federal and state court litigation nationwide.

In his role as a Certified Information Privacy Professional (CIPP/US), Bill counsels and guides clients in health care, financial services, manufacturing, and other industries regarding privacy and data security issues, including breach and incident response, and compliance with federal, state, and international laws and regulations. As co-chair of the Cleveland Metropolitan Bar Association’s Cybersecurity, Privacy, and Emerging Technologies Section, Bill frequently speaks at bar seminars and other legal conferences, often partnering with IT/information security, cyber insurance, and compliance experts, as well as government regulators.

Bill defends a wide variety of class actions, including consumer, product liability, and privacy claims. He also has considerable experience managing client matters through federal multidistrict litigation (MDL), including the Judicial Panel on Multidistrict Litigation. He has led teams of lawyers and support staff drafting complex legal briefs, taking and defending depositions, and developing expert witnesses covering medicine, science, FDA/regulatory, product design, and manufacturing issues.

Before becoming a lawyer, Bill was a Teach For America corps member and special education teacher at a high school near New Orleans, and he remains passionate about helping children gain access to better education. Following law school, Bill was Law Clerk to the Honorable Carl J. Barbier, United States District Court, Eastern District of Louisiana.

Bill and his wife Ellen reside in Shaker Heights. In his spare time, Bill enjoys running, baseball, and chasing after his four sons.

education & admissions

education

  • Tulane University School of Law (J.D., magna cum laude, 2002); Order of the Coif; Tulane Law Review, Articles Editor
  • Syracuse University (B.S., 1996)

state admissions

  • Louisiana, 2002
  • Ohio, 2006

federal admissions

  • United States Court of Appeals, Sixth Circuit
  • United States District Court, Northern District of Ohio
  • United States District Court, Southern District of Ohio

certifications

  • Certified Information Privacy Professional/US (CIPP/US)
services & industries

service areas

industries represented

  • Banks
  • Financial Investment Companies
  • Hospitals
  • Insurance Carriers
  • Medical Devices
  • Medical Professionals (Doctors & Nurses)
  • Oil & Gas
  • Pharmaceutical & Medicine
  • Private Households & Individuals
  • Waste Management
experience

Representative Matters

medical devices

  • Manages a legal analysis and briefing team for supply-chain defendants in federal MDL and state court talcum powder litigation nationwide, including direction of personal jurisdiction defense that has successfully led to the dismissal of several cases
  • Member of a national counsel team defending a metal hip implant manufacturer in federal MDL and coordinated and individual cases in state courts nationwide; involvement includes: legal strategy and briefing on MDL transfer, jurisdiction, Daubert/expert admissibility, and dispositive motions; fact and expert depositions; management of litigation in state jurisdictions; and trial team counsel; developed and implemented strategies in state court litigation leading to numerous cases transferred for federal MDL consolidation, as well as early resolution and dismissals
  • Member of a virtual law firm network of attorneys defending claims in pelvic mesh litigation nationwide, including in MDL and state court cases; involvement includes managing and overall defense strategy for MDL cases; depositions of treating physicians and other healthcare providers; oversight of legal briefing on dispositive motions; and briefing and trial support for cases in various state courts

pharmaceuticals

  • Obtained affirmance of summary judgment in wrongful death action in which plaintiff alleged that a prescription fentanyl transdermal patch was defective and caused the decedent’s death
  • Wrote briefs and presented oral argument resulting in judgment on the pleadings in federal court on the grounds that the case against an international pharmaceutical company was time-barred under Minnesota’s wrongful death statute
  • Successfully protected a client’s desire to proceed in federal court by defending against plaintiff’s fraudulent joinder of co-defendant pharmacy 

HIPAA / medical privacy / cybersecurity

  • Achieved successful resolutions of U.S. Department of Health and Human Services Office for Civil Rights (OCR) investigations into alleged breach of patient protected health information (PHI) for various HIPAA-covered entities (physician, chiropractor, and dental practices)
  • Managed incident response matters for HIPAA-regulated entities and manufacturing companies, including engaging and overseeing IT/technology and forensics experts
  • Represents healthcare practices in OCR data breach and HIPAA compliance investigations, including breach factual investigations and risk assessments and oversee communications and responses with government investigators
  • Prepares HIPAA written policies, procedures, and business associate agreements on behalf of covered entity and business associate clients in the healthcare industry
  • Represents covered entities and their business associates in medical privacy and data breach litigation; developed legal strategy and conducted discovery and motion practice in Ohio state court resulting in summary judgment on grounds that disclosure of medical records complied with federal and state laws and regulations
  • Assists clients in financial services, manufacturing, marketing, and other industries with privacy and cybersecurity compliance and risk management strategies, including drafting data processing agreements and managing third-party vendor risk

class actions

  • Defended a manufacturer of an over-the-counter (OTC) medical product in a federal court consumer class action alleging unfair and deceptive advertisting and misrepresentations resulting in favorable resolution
  • Obtained voluntary dismissal of a federal court class action against the seller and private-label manufacturer of a flushable wipe product alleging violations of consumer statutes, unjust enrichment, and negligent misrepresentation claims
  • Defending a major health care network in a class action asserting Consumer Sales Practices Act (CSPA), fraud, and breach of contract claims related to rates charged for copies of medical and billing records
  • Represents a leading manufacturer of flushable wipes in class actions brought by consumers and municipalities alleging violations of various consumer protection laws and common-law claims and seeking national injunctive relief
  • Member of a team defending clients in a federal court consumer class action litigation involving product marketing and labeling claims; involvement includes all aspects of written and deposition discovery; retention and coordination of expert on relevant science issues; and legal strategy related to dispositive motion and class certification issues
publications & events

Speaking Engagements

  • "Crypto-Medicine: Assessing Blockchain Opportunities and Challenges in Health Care," Ohio Hospital Association’s 104th Annual Meeting and Education Summit, Columbus, Ohio (June 2019)
  • "Health Care Sector Deep Dive," Cybersecurity & Privacy Protection Conference 2019, Cleveland, Ohio (May 2019)
  • "What Ohio Businesses Should Know About CyberOhio and the Ohio Data Protection Act," Cleveland Metropolitan Bar Association, Cleveland, Ohio (April 2019)
  • "Privacy & Data Protection Overview," John Carroll University IIA Symposium, The Institute of Internal Auditors - Northeast Ohio Chapter, Cleveland, Ohio (March 2019)
  • "Table Top Exercise," A Different and Better Data Security Guide: Counseling Clients and Managing Crises, Tucker Ellis LLP, Cleveland, Ohio (July 2017)
  • "Healthcare Cybersecurity and Privacy Litigation," Health Care Law Update & Medical/Legal Summit 2017, Cleveland Metropolitan Bar Association/Academy of Medicine Education Foundation/The Academy of Medicine of Cleveland & Northern Ohio, Cleveland, Ohio (March 2017)
  • "How to Deal with the Special Challenges of Medical and Health Information," Practical Tips and Tools to Deal with Cybersecurity Challenges,” Tucker Ellis LLP, Cleveland, Ohio (July 2016)
  • "HIPAA Update and Implications of the Use of Electronic Medical Records," 2016 Medical/Legal Summit, Cleveland Metropolitan Bar Association (March 2016)
  • "Objectives versus Means: The Lawyer-Client Relationship & Settlement Negotiations," Tucker Ellis Ohio Professional Conduct Program, Cleveland, Ohio (December 2015)

Publications

Media Quotes

honors
affiliations
in the community

Civic & Professional Involvement

  • Open Doors Academy, Board of Directors, Vice-President and Governance Committee Chair
  • American Health Lawyers Association, Health Information and Technology Practice Group
  • Health Care Compliance Association
  • Cleveland Metropolitan Bar Association
    • Cybersecurity, Data Privacy & Emerging Technologies Section, Co-Chair
    • 3Rs Volunteer, John Hay Campus, Early College High School
  • Ohio State Bar Association
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