Jesse M.Coleman
Partner
Commercial Litigation
jmcoleman@seyfarth.com
PROFILE
EXPERIENCE
NEWS & INSIGHTS
ACCOMPLISHMENTS
Jesse provides his clients advice, counsel, and world-class advocacy to help them resolve their legal disputes.
More About Jesse
Clients throughout the business world face challenges protecting their confidential, proprietary, and trade-secret information, whether these challenges arise from departing employees or third-party threat actors. Health care clients face additional challenges maintaining protected health information, as well as addressing medical staff disputes and government investigations. All clients face breaches of contract, business torts, and other litigation matters. Jesse is the trusted advisor who can resolve his clients' most complex, challenging legal disputes.
Jesse has worked for more than a decade prosecuting and defending trade-secret, data-breach, and restrictive-covenant matters for clients across the business spectrum. He has successfully resolved bet-the-company disputes and managed teams of dozens of lawyers in national and multinational litigation. He assists clients in managing the risks associated with both new and departing employees, which includes counseling his clients on the enforceability of employees’ restrictive covenants in an ever-changing legal landscape. He has also led countless forensic investigations in tracking down and remediating trade-secret theft.
Jesse has also worked for more than a decade in the health care industry, assisting clients with individual physician, medical staff, and medical peer review disputes. He has also led HIPAA and state-privacy data breach responses and defended his clients in data-breach class actions. He has further represented health care entities in antitrust, business torts, and breach-of-contract lawsuits, bringing matters to successful settlement or favorable trial verdicts. His advice and counsel focuses on assisting his clients with navigating the regulatory framework unique to the health care industry.
To enhance and optimize the legal services he and his teams provide to clients, Jesse adopts and customizes innovative technological solutions. These include cutting-edge eDiscovery tools, as well as unique in-house solutions such as Seyfarth Link and Seyfarth at Work, in order to streamline processes and drive down costs for clients.
Jesse enjoys working with a team of dedicated attorneys and staff in meeting client needs. He embraces Seyfarth's culture of collaboration and providing cutting-edge, tech-assisted legal services in the fast-paced, constantly evolving legal landscape that his clients face.
Jesse has worked for more than a decade prosecuting and defending trade-secret, data-breach, and restrictive-covenant matters for clients across the business spectrum. He has successfully resolved bet-the-company disputes and managed teams of dozens of lawyers in national and multinational litigation. He assists clients in managing the risks associated with both new and departing employees, which includes counseling his clients on the enforceability of employees’ restrictive covenants in an ever-changing legal landscape. He has also led countless forensic investigations in tracking down and remediating trade-secret theft.
Jesse has also worked for more than a decade in the health care industry, assisting clients with individual physician, medical staff, and medical peer review disputes. He has also led HIPAA and state-privacy data breach responses and defended his clients in data-breach class actions. He has further represented health care entities in antitrust, business torts, and breach-of-contract lawsuits, bringing matters to successful settlement or favorable trial verdicts. His advice and counsel focuses on assisting his clients with navigating the regulatory framework unique to the health care industry.
To enhance and optimize the legal services he and his teams provide to clients, Jesse adopts and customizes innovative technological solutions. These include cutting-edge eDiscovery tools, as well as unique in-house solutions such as Seyfarth Link and Seyfarth at Work, in order to streamline processes and drive down costs for clients.
Jesse enjoys working with a team of dedicated attorneys and staff in meeting client needs. He embraces Seyfarth's culture of collaboration and providing cutting-edge, tech-assisted legal services in the fast-paced, constantly evolving legal landscape that his clients face.
Education
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Education
- JD, George Mason University School of Law
George Mason Law Review, editor
- BA, Brigham Young University
Magna cum laude
Admissions
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Admissions
- Texas
- Virginia
Courts
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Courts
- US Court of Appeals, Second Circuit
- US Court of Appeals, Fifth Circuit
- US District Court, District of Colorado
- US District Court, District of New Mexico
- US District Court, Eastern District of Texas
- US District Court, Northern District of Texas
- US District Court, Southern District of Texas
- US District Court, Western District of Texas
- US District Court, Eastern District of Wisconsin
- US District Court, Western District of Wisconsin
Jesse M. Coleman on Litigation, Technology, Privacy, and Other Health Care Industry Considerations (Video)
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Jesse M. Coleman on Litigation, Technology, Privacy, and Other Health Care Industry Considerations (Video)
Related Key Industries
Related Key Industries
Blogs
Blogs
EXPERIENCE
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EXPERIENCE
- Successfully litigated numerous trade secret and restrictive covenant disputes, assisting clients in protecting their trade secrets, obtaining injunctive relief, and defending against claims of misappropriation and breach of contract.
- Obtained $40 million public settlement from bankrupt defendant alleged to have misappropriated trade secrets from electric car company client after three years of litigation.
- Represented hospitals and other health care provider entities against physician claims arising out of medical staff peer review proceedings and reports to the National Practitioner Data Bank.
- Defended health care providers in data-breach class actions arising from cyber security data incidents.
- Successfully led and participated in physician due-process hearings on behalf of medical staffs and hospitals, thereby upholding physicians’ summary suspensions, revocation of clinical privileges, denial of reappointment, and removal from hospital medical staff.
- Represented health care providers in HIPAA and state-law privacy data breach notification proceedings, responding to requests from the US Department of Health and Human Services Office of Civil Rights and state attorneys general.
- Evaluated potential privacy, security, and data breaches under state and federal law, and developed and implemented mitigation response protocols.
- Successfully defended hospital in defamation, business disparagement, tortious interference, and antitrust claims, obtaining a take-nothing judgment against the plaintiff at Texas Supreme Court.
- Advised health care entities on medical staff bylaws revisions, legal defense strategies in peer review proceedings, formation of new leadership committees, and drafting additional contract provisions between hospital system and joint ventures.
- Assisted health care clients in reformulating subpoena policies and release-of-information policies as they relate to HIPAA regulations, federal substance-abuse laws, and Texas privacy laws.
- Represented clients in response to Civil Investigative Demands from US Department of Justice.
Related Trends
Related News & Insights
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Webinar
Dec 17, 2024
What Employers Need to Know Regarding Non-Compete Changes in 2024
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Blog Post
Nov 22, 2024
Webinar – What Employers Need to Know Regarding Non-Compete Changes in 2024
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Blog Post
Oct 4, 2024
Pennsylvania Plaintiff Drops Challenge to FTC Non-Compete Rule
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Blog Post
Sep 25, 2024
The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule
Select Recognition
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Select Recognition
- Listed in Best Lawyers in America (Woodward/White Inc.) for Trade Secrets Law (2024-2025)
- Listed in Global Trade Secrets 2024 by World IP Review (WIPR) (2024)
- Recognized as a Recommended Attorney for Trade secrets (litigation and non-contentious matters) by The Legal 500, USA (Legalese Ltd.) (2023-2024)
- Recognized for Healthcare (Texas) by Chambers USA (2024)
- Elected as a Fellow of the Texas Bar Foundation, the premier organization of attorneys in Texas, open to only 1/3 of 1% of all Texas lawyers. (2023)
- Recognized as a Recommended Attorney by The Legal 500, USA (Legalese Ltd.) (2016, 2018-2020)
- Rated by in-house counsel among BTI Consulting Group’s BTI M&A Client Service All-Stars (2021)
- Recognized as a "Rising Star" in Texas Super Lawyers for Health Care Law (Thomson Reuters) (2016-2020)
- Seyfarth Health Care Law practice given a Tier 1 ranking in U.S. News - Best Lawyers "Best Law Firms" (Woodward/White Inc., U.S. News & World Report L.P.) (2019)
Leadership & Professional Affiliations
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Leadership & Professional Affiliations
- American Health Lawyers Association
Publications
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Publications
- Co-Author, "The Government Contract Compliance Handbook, 6th," Federal Publications (2024)
- Co-Author, "The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule," Trading Secrets, Seyfarth Shaw LLP (September 24, 2024)
- Co-Author, “Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes,” Legal Update, Seyfarth Shaw LLP (August 21, 2024)
- Co-Author, "Code Red: AHA and FHA Acknowledge Industry Distortions to Emerge from the Threat to Regulate Nonprofit Hospitals Wherever Possible," Trading Secrets, Seyfarth Shaw LLP (August 16, 2024)
- Co-Author, "Federal Court in Pennsylvania Creates District Split on Enforceability of FTC Non-Compete Ban," Trading Secrets, Seyfarth Shaw LLP (July 24, 2024)
- Co-Author, "UPDATE: Texas Judge Swiftly Denies Plaintiffs’ Request to Expand Scope of Injunction in FTC Non-Compete Ban Case," Trading Secrets, Seyfarth Shaw LLP (July 11, 2024)
- Co-Author, "U.S. Chamber and Ryan Seek to Expand Injunction Halting FTC Non-Compete Ban," Trading Secrets, Seyfarth Shaw LLP (July 10, 2024)
- Co-Author, "Preliminary Analysis on the Ryan Court’s Order Enjoining the FTC’s Ban on Non-Competes," Trading Secrets, Seyfarth Shaw LLP (July 5, 2024)
- Co-Author, "The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance," Trading Secrets, Seyfarth Shaw LLP (June 20, 2024)
- Co-Author, "Cutting Off Claims – When Does the FTC Noncompete Ban Allow for Accrued Actions?," Trading Secrets, Seyfarth Shaw LLP (May 17, 2024)
- Co-Author, "Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update," Legal Update, Seyfarth Shaw LLP (May 6, 2024)
- Co-Author, "FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File," Trading Secrets, Seyfarth Shaw LLP (May 3, 2024)
- Co-Author, "Online Portal Helps Fortify Feds' Unfair Health Practices Fight," Law360 (May 1, 2024)
- Co-Author, “FTC Non-Compete Ban: What You Need to Know,” Legal Update, Seyfarth Shaw LLP (April 25, 2024)
- Co-Author, "FTC Non-Compete Ban: What You Need to Know," Trading Secrets Blog (April 24, 2024)
- Co-Author, "All Gas No Brakes – The FTC, DOJ, and HHS Unveil Online Reporting Portal as Latest Effort to Combat Unfair and Anticompetitive Health Care Practices," Legal Update, Seyfarth Shaw LLP (April 24, 2024)
- Co-Author, "FDIC Updates Bank Merger Guidance to Include Non-Compete Ban," Trading Secrets Blog (April 10, 2024)
- Co-Author, "Health Care Litigation," 2024 Commercial Litigation Outlook, Seyfarth Shaw LLP (February 2024)
- Co-Author, "Cyber Strategy: HHS Weighs in on Cybersecurity in the Healthcare Industry," Legal Update, Seyfarth Shaw LLP (January 22, 2024)
- Co-Author, "California's Enhanced Non-Compete Ban: Implications For Employers," HR.com (January 2, 2024)
- Co-Contributor, "50-State Survey of Health Care Information Privacy Laws," Legal Update, Seyfarth Shaw LLP (October 2, 2023)
- Co-Author, "Not All Documents Labeled Confidential Actually Are: Texas Jury Finds $23M Trade Secret Case Was Brought in Bad Faith," Trading Secrets Blog, Seyfarth Shaw LLP (July 11, 2023)
- Co-Author, "Texas Lawmakers Enact New Laws Reforming Texas Medical Board Disciplinary Authority and Increasing Hospital Reporting Obligations," Legal Update, Seyfarth Shaw LLP (June 27, 2023)
- Co-Author, "NLRB joins FTC in taking aim at non-competes," Virgina Lawyers Weekly (June 19, 2023)
- Co-Author, "FTC Extends Public Comment Deadline on Proposed Rule Banning Employment Non-Competes Until April 19th," Trading Secrets Blog, Seyfarth Shaw LLP (March 7, 2023)
- Co-Contributor, 2023 Commercial Litigation Outlook, Seyfarth Shaw LLP (January 2023)
- Co-Author, "Supreme Court to Resolve Whether 'Objectively Reasonable' Interpretation of Legal Obligation Insulates Defendants from False Claims Act Liability," Legal Update, Seyfarth Shaw LLP (January 23, 2023)
- Co-Author, “Texas Court of Appeals Affirms Summary Judgment in Physician Staffing Case Citing Lack of Damages Evidence,” Trading Secrets Blog, Seyfarth Shaw LLP (January 17, 2023)
- Co-Author, “Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional,” Trading Secrets Blog, Seyfarth Shaw LLP (January 12, 2023)
- Co-Author, "2022 Trade Secrets Webinar Series: Takeaways & Recordings," Legal Update, Seyfarth Shaw LLP (December 29, 2022)
- Co-Author, "Colorado Poised to Further Restrict Post-Employment Restrictions," Trading Secrets Blog, Seyfarth Shaw LLP (August 9, 2022)
- Co-Author, "FTC Further Scrutinizes Use of Non-Competes in Merger Transactions," Trading Secrets Blog, Seyfarth Shaw LLP (July 21, 2022)
- Co-Author, "Texas Supreme Court Confirms that HouseCanary Must Fly Toward a $201 Million Judgment or a Retrial," Trading Secrets Blog, Seyfarth Shaw LLP (June 30, 2022)
- Co-Author, "Federal Court Provides Insight on Meaning of ‘Solicitation’ and Plaintiff’s Burden on Motion for Preliminary Injunction," Trading Secrets Blog, Seyfarth Shaw LLP (April 18, 2022)
- Co-Author, "Trade Secret Litigation: DTSA/TUTSA Lawsuit Unraveled by Public Disclosure of Alleged Trade Secret in its Expired Patent," IP Litigator (March/April 2022)
- Co-Contributor, 2022 Commercial Litigation Outlook, Seyfarth Shaw LLP (March 2022)
- Co-Author, "Texas Oil & Gas Manufacturing Company’s DTSA/TUTSA Lawsuit Unraveled by Public Disclosure of Alleged Trade Secret in its Own Expired Patent," Trading Secrets Blog, Seyfarth Shaw LLP (January 19, 2022)
- Co-Editor, 50 State Desktop Reference: What Businesses Need to Know about Non-Competes and Trade Secrets Law, Seyfarth Shaw LLP (2022 Edition)
- Co-Author, "2021 Trade Secrets Webinar Series: Takeaways & Recordings," Legal Update, Seyfarth Shaw LLP (December 21, 2021)
- Co-Author, "The Fifth Circuit Limits Enjoinment Of The CMS Rule To Only The Plaintiff States," Legal Update, Seyfarth Shaw LLP (December 16, 2021)
- Co-Author, "Missouri Federal Court Enjoins CMS Vaccination Rule in Certain States," Legal Update, Seyfarth Shaw LLP (November 29, 2021)
- Co-Author, "CMS Issues Emergency COVID-19 Vaccination Mandate for Millions of Health Care Workers Across the Country," Legal Update, Seyfarth Shaw LLP (November 4, 2021)
- Co-Contributor, The Future of Health Care in the US: What a Post-Pandemic Health Care System Could Look Like, Second Edition, Seyfarth Shaw LLP (September 14, 2021)
- Co-Author, "Jesse Coleman and Erik Weibust Present Webinar on 'Available Remedies in Trade Secret and Restrictive Covenant Cases' for LawPracticeCLE," Trading Secrets Blog, Seyfarth Shaw LLP (July 16, 2021)
- Co-Contributor, "50-State Survey of Health Care Information Privacy Laws," Legal Update, Seyfarth Shaw LLP (July 15, 2021)
- Co-Author, "HHS Has Undertaken an Unprecedented Expansion of the PREP Act Over the Past Year to Combat COVID-19, but Will Litigants, and the Courts, Get the Message?," American Health Law Association; shared during In-House Counsel Program 2021 (July 7, 2021)
- Co-Author, "Webinar Recap! How and Why Texas is Different When it Comes to Trade Secrets and Non-Competes," Trading Secrets Blog, Seyfarth Shaw LLP (June 24, 2021)
- Co-Contributor, "Commercial Litigation Outlook: 2021 Edition," Legal Update, Seyfarth Shaw LLP (March 31, 2021)
- Co-Author, "Texas Federal Jury Awards $152 Million in Trade Secret Misappropriation Case Interrupted by COVID-19," Trading Secrets Blog, Seyfarth Shaw LLP (March 29, 2021)
- Co-Author, "Seventh Amendment to PREP Act Declaration Further Increases the Pool of Authorized COVID-19 Vaccinators," Legal Update, Seyfarth Shaw LLP (March 26, 2021)
- Co-Author, "Ninth Circuit Recognizes Continued Use Doctrine under the DTSA, but Confirms that Patent Publication Precludes Claim," Trading Secrets Blog, Seyfarth Shaw LLP (March 12, 2021)
- Co-Author, "Fifth Amendment to PREP Act Declaration Expands the Ranks of Health Care Providers Authorized to Administer COVID-19 Vaccines," Legal Update, Seyfarth Shaw LLP (February 3, 2021)
- Co-Author, "Takeaways From AHLA Webinar, 'CMS, OIG Insights into Stark and AKS Final Rule Part II: Flexibilities and Clarifications.'," Legal Update, Seyfarth Shaw LLP (January 12, 2021)
- Co-Author, "New HHS Advisory Opinion Confirms Complete Federal Preemption for PREP Act Cases and Applicability of the Act’s Defenses in Non-Use Situations," Legal Update, Seyfarth Shaw LLP (January 11, 2021)
- Co-Author, "Takeaways From AHLA Webinar, 'CMS, OIG Insights into Stark and AKS Final Rules Part I: Supporting Value-Based Care'," Legal Update, Seyfarth Shaw LLP (December 22, 2020)
- Co-Author, "CMS Releases FY2021 Medicare Physician Fee Schedule Final Rule, Permanently Expanding Telehealth, Increasing Rates, and Broadening Scope of Practice for Non-Physicians," Legal Update, Seyfarth Shaw LLP (December 8, 2020)
- Co-Author, "More Than a Game Changer: Fourth Amendment to PREP Act Declaration Establishes Federal Jurisdiction, Bolsters Immunities, and Expands to Telehealth Countermeasures," Legal Update, Seyfarth Shaw LLP (December 7, 2020)
- Co-Author, "CMS and OIG Announce Long-Awaited Changes to the Federal Stark Regulations and Anti-Kickback Laws," Legal Update, Seyfarth Shaw LLP (November 20, 2020)
- Co-Author, "Two New HHS Advisory Opinions Dramatically Illuminate the Wide Scope of PREP Act Immunity," Legal Update, Seyfarth Shaw LLP (October 28, 2020)
- Co-Author, "Jesse Coleman and Erik Weibust Present Webinar on 'Recovering Damages for Breach of Restrictive Covenants' for Strafford," Trading Secrets Blog, Seyfarth Shaw LLP (October 8, 2020)
- Co-Author, "Texas Court of Appeals Reaffirms Key Principles Concerning the Medical Peer Review Privilege," Legal Update, Seyfarth Shaw LLP (September 25, 2020)
- Co-Author, "CMS Announces Extension on Publishing Final Rule Governing Physician Self-Referrals in Stark Law," Legal Update, Seyfarth Shaw LLP (September 9, 2020)
- Co-Author, "HouseCanary Weighs a Bird in Hand… Collect on a $210,000,000 Judgment or Retry the Entire Case," Trading Secrets Blog, Seyfarth Shaw LLP (September 4, 2020)
- Co-Author, "Third Amendment to PREP Act Declaration Further Expands Scope of Liability Immunity for Medical Countermeasures Against COVID-19," Legal Update, Seyfarth Shaw LLP (August 25, 2020)
- Co-Author, "Fifth Circuit Holds that Reformation of Texas Non-Competes Is Authorized, and Perhaps Required, at Preliminary Injunction Stage," Trading Secrets Law Blog, Seyfarth Shaw LLP (August 21, 2020)
- Co-Author, "Louisiana Expands its Non-Compete Statute in Favor of Companies," Trading Secrets Blog, Seyfarth Shaw LLP (August 19, 2020)
- Co-Author, "Courts Across the Country Continue to Address Trade Secrets Issues," Trading Secrets Blog, Seyfarth Shaw LLP (June 11, 2020)
- Co-Author, "HHS Secretary Amends PREP Act Declaration to Clarify Definition of 'Covered Countermeasures'," Legal Update, Seyfarth Shaw LLP (June 5, 2020)
- Co-Author, "OIG Announces Strategic Plan for Oversight of COVID-19 Response and Recovery Efforts," Legal Update, Seyfarth Shaw LLP (June 1, 2020)
- Co-Author, "HHS Advisory Opinion Concludes that the PREP Act Preempts Any State or Local Law that Prohibits Pharmacists from Administering FDA-Approved COVID-19 Tests," Legal Update, Seyfarth Shaw LLP (May 20, 2020)
- Co-Author, "HHS OIG to Accept Inquiries Concerning the AKS and Other Administrative Enforcement Authorities Directly Connected to COVID-19," Legal Update, Seyfarth Shaw LLP (May 11, 2020)
- Co-Author, "Houston First Circuit Court of Appeals Joins the Growing Trend by Holding that the Pre-Amendment TCPA Does Not Protect Certain Competitive Behavior," Trading Secrets Blog, Seyfarth Shaw LLP (May 8, 2020)
- Co-Author, "Supreme Court Rules Government Must Pay $12 Billion to Health Insurers Under ACA Risk Corridor Program," Legal Update, Seyfarth Shaw LLP (April 28, 2020)
- Co-Author, "Managing Health Privacy and Other Legal Risk in the Age of the Coronavirus," Juriste International (April 22, 2020)
- Author, "NPDB Waives Query Fees from March through May 2020," Legal Update, Seyfarth Shaw LLP (April 20, 2020)
- Co-Author, "HHS Issues Advisory Opinion on PREP Act: Immunity May Extend Beyond Actual Covered Persons and Approved Countermeasures," Legal Update, Seyfarth Shaw LLP (April 15, 2020)
- Co-Author, "Texas Announces Drive-Thru Pharmacy Coronavirus Testing," Legal Update, Seyfarth Shaw LLP (April 9, 2020)
- Co-Author, "OASH Authorizes Licensed Pharmacists to Order and Administer COVID-19 Testing, Granting Federal Immunity under the PREP Act," Legal Update, Seyfarth Shaw LLP (April 8, 2020)
- Co-Author, "Texas Governor Allows Qualified, but not Certified, EMS Workers to Perform EMS Services During Pandemic," Legal Update, Seyfarth Shaw LLP (April 4, 2020)
- Co-Author, "Texas Supreme Court Tolls Statutes of Limitations For Civil Cases," Legal Update, Seyfarth Shaw LLP (April 2, 2020)
- Co-Author, "Texas Update: Governor Abbott Issues Social Distancing Guidelines; Stops Short of Issuing a Statewide Shelter In Place Order," Legal Update, Seyfarth Shaw LLP (April 2, 2020)
- Co-Author, "A Herculean Task: Proving a Competitor’s Knowledge and Participation in an Unfair Competition Case," Trading Secrets Blog, Seyfarth Shaw LLP (April 1, 2020)
- Co-Author, "Part II: Emergency Childcare: State-Specific Measures," Legal Update, Seyfarth Shaw LLP (March 24, 2020)
- Co-Author, "Texas Update: Governor Abbott Issues Executive Order to Increase Hospital Capacity. Various Counties Issue or Consider 'Stay Home Stay Safe' and Related Orders," Legal Update, Seyfarth Shaw LLP (March 23, 2020)
- Co-Author, "Emergency Childcare: A Guide For Health Care Providers," Legal Update, Seyfarth Shaw LLP (March 22, 2020)
- Co-Author, "Managing HIPAA and Other Legal Risk in the Age of the Coronavirus," Legal Update, Seyfarth Shaw LLP (March 21, 2020)
- Author, "INSIGHT: Texas Doctors Get New Cause of Action for Malicious Peer Review," Bloomberg Law (March 6, 2020)
- Co-Author, "Supreme Court Takes Up 5th Circuit Challenge to Affordable Care Act," Legal Update, Seyfarth Shaw LLP (March 2, 2020)
- Co-Author, "Trade Secret Litigation," IP Litigator (January/February 2020)
- Co-Author, "The Dallas Court of Appeals Further Expands Goldberg and Holds that Communications Between a Competitor and Customers and Suppliers Do Not Involve Matters of Public Concern," Trading Secrets Blog, Seyfarth Shaw LLP (February 5, 2020)
- Author, "Recent Legal Developments That Are Going to Make Medical Peer Review in Texas Harder (But More Important Than Ever)," Law.com (January 15, 2020)
- Co-Author, "Fifth Circuit Affirms Striking Down Individual Mandate of Affordable Care Act and Remands on Issue of Severability," Legal Update, Seyfarth Shaw LLP (December 19, 2019)
- Co-Author, "In Case You Missed It: Guidance on Health Care Fraud Enforcement and Compliance," Legal Update, Seyfarth Shaw LLP (December 13, 2019)
- Co-Author, "The Halcyon Days Are Over: Texas Courts of Appeals Narrow the Application of the TCPA's 'Commercial Speech' Exception Even as the Legislature Narrows Its Definitions," Trading Secrets Blog, Seyfarth Shaw LLP (December 13, 2019)
- Co-Author, "A Little Knowledge Is a Dangerous Thing: Beware the Statute of Limitations in Trade Secrets Misappropriation Cases," Trading Secrets Blog, Seyfarth Shaw LLP (December 3, 2019)
- Author, "New Safe Harbors In A Storm of Risk and Regulations: A Review of the OIG’s Proposed Changes to the Federal Anti-Kickback Laws," Legal Update, Seyfarth Shaw LLP (November 21, 2019)
- Author, "Klocke’s Ongoing Viability: Whether the TCPA’s Statutory Changes Have Resurrected Its Applicability in Federal Court," Trading Secrets Blog, Seyfarth Shaw LLP (November 19, 2019)
- Author, "CMS’ Proposed Stark Rule Change and Guidance on 'The Big Three': Fair Market Value, Commercial Reasonableness, and Taking Into Account Volume or Value Referrals," Legal Update, Seyfarth Shaw LLP (November 14, 2019)
- Co-Author, "Strong Economy Leads to Increased Union Strength in the Healthcare Industry," Future Enterprise Blog, Seyfarth Shaw LLP (October 8, 2019)
- "Louisiana Federal Court Rules Information in Patent Application Remains Actionable Trade Secret Under DTSA," Trading Secrets Blog, Seyfarth Shaw LLP (September 25, 2019)
- Co-Author, "Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases," Trading Secrets Blog, Seyfarth Shaw LLP (September 4, 2019)
- Co-Editor, "50 State Trade Secret and Non-Compete Desktop Reference," 2019-2020 Edition, Seyfarth Shaw LLP (2019)
- Co-Author, "#MeToo Confronts Health Care," Future Enterprise Blog, Seyfarth Shaw LLP (February 22, 2019)
- Co-Author, "The Limits of 'Taking the Lead Early': A Dismissal Without Prejudice Will Not Support Defend Trade Secrets Act Attorney’s Fees," Trading Secrets, Seyfarth Shaw LLP (December 3, 2018)
- Quoted, "How to Comply with the HIPAA Breach Notification Rule," Health IT Security (November 9, 2018)
- Co-Author, "Can the Health Care Industry Protect Itself from Cyberattacks?," Future Enterprise Blog, Seyfarth Shaw LLP (October 22, 2018)
- Co-Editor, "50 State Desktop Reference: What Businesses Need to Know About Non-Compete and Trade Secrets Law," 2018-2019 Edition, Seyfarth Shaw LLP (2018)
- Co-Author, "The Texas Court of Appeals for the Third District Holds that the Texas Anti-SLAPP Statute Applies to a Conspiracy to Misappropriate Trade Secrets Claim," ITechLaw (July 31, 2018)
- Co-Author, "How Texas' Anti-SLAPP Law Applies To Medical Peer Review," Law360 (July 23, 2018)
- Co-Author, "The Texas Court of Appeals for the Third District Holds that the Texas Anti-SLAPP Statute Applies to a Conspiracy to Misappropriate Trade Secrets Claim," Trading Secrets Blog, Seyfarth Shaw LLP (July 11, 2018)
- Co-Author, "Employer Onsite Clinics: A Trending Solution to Rising Costs and Competition for Talent," Future Employer Blog, Seyfarth Shaw LLP (June 25, 2018)
- Co-Author, "In Trade Secret Misappropriation Case, Texas Court of Appeals Affirms Attorney’s Fees Award Approaching $220,000 where Actual Damages Were $4,000," Trading Secrets Blog, Seyfarth Shaw LLP (June 22, 2018)
- Co-Author, "Texas Supreme Court Declines to Take Up Case Requesting that a Plaintiff Describe the Elements of Any Trade Secret Process That It Claims Was Misappropriated," Trade Secrets Blog, Seyfarth Shaw LLP (April 6, 2018)
- Co-Author, "Telemedicine: Risk and Reward," Future Employer Blog, Seyfarth Shaw LLP (February 23, 2018)
- "Chipping Employees: The 'Wave' of the Future?," Future Employer Blog, Seyfarth Shaw LLP (October 5, 2017)
- Co-Author, "Texas Legislature Clarifies and Expands the Texas Uniform Trade Secrets Act," Legal Update, Seyfarth Shaw LLP (June 22, 2017)
- Co-Author, "Texas Court Holds Mere Possession and Opportunity to Use Trade Secrets is Sufficient for Misappropriation," Trading Secrets Blog, Seyfarth Shaw LLP (March 22, 2017)
- Co-Author, "Texas Supreme Court Tosses Former Employee’s Defamation Suit Based on Matters of Public Concern Under the TCPA," One Minute Memo, Seyfarth Shaw LLP (March 1, 2017)
- Co-Author, "Texas Appellate Court Holds Condition Subsequent in Noncompete Agreement Excused Former Employee’s Competitive Activities," Trading Secrets Blog, Seyfarth Shaw LLP (December 27, 2016)
- Co-Author, "Trade Secrets in Texas: Is Adoption of the 'Inevitable Disclosure' Doctrine…Inevitable?," Texas Lawbook (July 12, 2016)
- "Texas Supreme Court: Company Representative May Be Excluded from Trade Secret Hearing," Trading Secrets Blog, Seyfarth Shaw LLP (May 31, 2016)
- "Oil-And-Gas Services Companies Argue Over Trial Court’s Authority to Exclude Corporate Representatives Under New Texas Trade Secret Law," Trading Secrets Blog, (January 19, 2016)
- "Texas Federal Court Rules 'Anti-Competitive' Employment Covenants Do Not Raise Federal Antitrust Question," Trading Secrets Blog , Seyfarth Shaw LLP (November 30, 2015)
- Co-Author, "Health Reform, the Personal-Injury Lawyer's Friend," National Law Journal (March 9, 2015)
- Co-Author, "How to Approach Aberrant Physician Behavior," Law360 (September 26, 2012)
Presentations
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Presentations
- Guest Lecturer, "Remedies for Trade Secret Misappropriations ," University of Houston Law Center (October 30, 2024)
- Guest Lecturer, "Restrictive Covenants and Recent Federal Regulations," University of Houston Law Center (October 16, 2024)
- Co-Presenter, "Navigating the FTC's Non-Compete Ban: Implications and Strategies for Businesses and Organizations," Webinar, Seyfarth Shaw LLP (July 26, 2024)
- Co-Presenter, "Navigating the FTC's Non-Compete Ban: Implications and Strategies for Businesses and Organizations," Webinar, Association of Corporate Counsel (ACC) and Seyfarth Shaw LLP (July 16, 2024)
- Co-Presenter, "FTC Non-Compete Ban Impact on Financial Services and Status of Legal Challenges," Webinar, Seyfarth Shaw LLP (June 6, 2024)
- Co-Speaker, “Data Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age,” Webinar, Seyfarth Shaw LLP (May 28, 2024)
- Co-Speaker, "Election Year Hot Topics! Religious Accommodations Political Speech in the Workplace and More!," Webnar, Seyfarth Shaw LLP (May 22, 2024)
- Co-Speaker, “Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2024,” Webinar, Seyfarth Shaw LLP (May 2, 2024)
- Keynote Speaker, "Medical Staff Peer Review and Credentialing: Privileges, Immunities, OPPE/FPPE, and NPDB Reporting," Greater Houston Society of Medical Staff Specialists (GHSMSS) (November 10, 2023)
- Guest Lecturer, "Trade Secret Injunctions," University of Houston School of Law Trade Secrets Class (November 9, 2023)
- Moderator, "The Risks and Benefits of Artificial Intelligence/Machine Learning to In-House Counsel in Health Care and L&E Compliance," Webinar, Seyfarth Shaw LLP (July 26, 2023)
- Moderator, "Working with Experts and Recent Developments In Trade Secrets Damages," American Intellectual Property Law Association (May 17, 2023)
- Co-Presenter, "Fair Market Value in Hospital and Physician Transactions: Complying With Anti-Kickback and Self-Referral Laws," Strafford (March 28, 2023)
- Co-Presenter, "Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023, Part 3: Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023," Webinar Series, Seyfarth Shaw LLP (March 8, 2023)
- Co-Presenter, "Webinar Series - Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023," Webinar, Seyfarth Shaw LLP (February 7, 2023)
- Guest Lecturer, "Trade Secret Remedies," University of Houston School of Law Trade Secrets Class (November 2, 2022)
- Co-Presenter, "Health Care Beat Episode 31: Privacy and Cybersecurity Risks for Health Care Organizations – Part 2: Regulatory and Legislative Considerations," Podcast, Seyfarth Shaw LLP (October 27, 2022)
- Moderator, "False Claims Act Litigation, Compliance, and Internal Investigations Issues in the Health Care Industry," ACC Houston Healthcare Law Practice Group CLE Webinar (October 4, 2022)
- Speaker, "How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes," Webinar, Seyfarth Shaw LLP (September 27, 2022)
- Guest Lecturer, "Successfully Entering the Practice of Law as a Health Care Lawyer," University of Houston School of Law Health Law Class (April 27, 2021)
- Co-Presenter, "Seeking Recovery for Breach of Restrictive Covenants: Damages, Injunctive Relief, and Beyond," Strafford Webinar (April 7, 2022)
- Co-Presenter, "Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally," Webinar, Seyfarth Shaw LLP (March 17, 2022)
- Keynote Speaker, "Medical Staff Peer Review and Credentialing: Privileges, Immunities, OPPE/FPPE, and NPDB Reporting," Medical Executive Committee Retreat (February 26, 2022)
- Speaker, Health Care Beat Podcast: Episode 21: Future of Health Care in the US Series — PREP Act and Anticipated Impact on COVID-Related Tort and Contracts Litigation, Seyfarth Shaw LLP (January 6, 2022)
- Faculty Lecturer, "Medical Staff and Credentialing: Privileges and Immunities," CLE Webinar, Health Care Institute, Seyfarth Shaw LLP (November 30, 2021)
- Co-Presenter, "Don’t Mess with Texas Trade Secrets: Primer on Texas trade secrets and noncompete law, plus protecting trade secrets in the oil, gas, and energy industries," AIPLA Trade Secret Summit, Austin, TX (November 8, 2021)
- Moderator, "COVID-19 Vaccination Mandates - Special Issues for the Health Care Industry," ACC Houston Healthcare Law Practice Group CLE Webinar (October 26, 2021)
- Speaker, Health Care Beat Podcast: Episode 17: Future of Health Care in the US Series — A Turning Point for Hospitals and Other Facilities, Seyfarth Shaw LLP (October 14, 2021)
- Speaker, Health Care Beat Podcast: Episode 11: Beyond HIPAA – Health Care Privacy Laws in the 50 States, Seyfarth Shaw LLP (July 22, 2021)
- Co-Presenter, "Available Remedies in Trade Secret and Restrictive Covenant Cases," LawPracticeCLE Webinar (July 19, 2021)
- Co-Presenter, "How and Why Texas is Different When it Comes to Trade Secrets and Non-Competes," Webinar, Seyfarth Shaw LLP (June 22, 2021)
- Speaker, "Commercial Litigation Outlook: Post-Pandemic Trends and Emerging Challenges in 2021," Webinar, Seyfarth Shaw LLP (May 4, 2021)
- Faculty and Guest Lecturer for Seyfarth Health Care Institute Session, "Health Care Fraud | False Claims Act, Stark/Anti-Kickback Rules | Private Insurance Fraud" (April 21, 2021)
- Panelist, "The PREP Act Asserting Immunity and Understanding Its Application For Health Care Providers," ACC Houston Healthcare Law Practice Group CLE Webinar (April 20, 2021)
-
Speaker, Health Care Beat Podcast: Episode 3: Biden Administration Series — False Claims Forecast, Seyfarth Shaw LLP (April 15, 2021)
- Co-Presenter, "Personal Injury Immunity and the PREP Act: Asserting Immunity and Understanding Its Limitations," Strafford Webinar (February 24, 2021)
- Co-Presenter, "Available Remedies for Trade Secret and Restrictive Covenant Cases," Webinar, presented by Seyfarth Shaw LLP for the Federal Bar Association and myLawCLE (November 17, 2020)
- Moderator, "Health Care Fraud, Enforcement, and Immunity in the Pandemic and Post-Pandemic World," presented by ACC Houston and Seyfarth Shaw LLP (October 22, 2020)
- Co-Presenter, "Recovering Damages for Breach of Restrictive Covenants: Non-Competition, Non-Solicitation, and Non-Disclosure," Strafford Webinar (October 6, 2020)
- Co-Presenter, "New Era, New Litigation: Lawsuits You Can Expect in the Post-Pandemic Environment," virtual meeting of the North Shore General Counsel Association (August 19, 2020)
- Co-Presenter, "New Era, New Litigation: Lawsuits You Can Expect in the Post-Pandemic Environment," Webinar, Seyfarth Shaw LLP (July 22, 2020)
- Co-Presenter, "Part 2: Global Movements and Trade: Dubai as a Worldwide Logistics Conduit," The Dubai Advantage—Dubai Delegation Goes Virtual: Navigating the US-Dubai Network in Health Care and Logistics (July 22, 2020)
- Co-Presenter, "Part 1: Navigating the US and Dubai Health Care Complex in a Post-COVID World," The Dubai Advantage—Dubai Delegation Goes Virtual: Navigating the US-Dubai Network in Health Care and Logistics (July 14, 2020)
- Co-Presenter, "Coronavirus & Remote Work Force: Best Practices for Protecting Trade Secrets and Intellectual Capital," Webinar, Seyfarth Shaw LLP (March 27, 2020)
- Keynote Speaker, "Putting Together the Medical Peer Review Puzzle: Privileges, Immunities, NPDB Reporting, and OPPE/FPPE," Medical Executive Leadership Conference, Houston, TX (March 7, 2020)
- Speaker, "Fair Market Value in Hospital and Physician Transactions: Complying With Anti-Kickback and Self-Referral Laws," Webinar, Strafford Publications, Inc. (March 3, 2020)
- Keynote Speaker, "Legal Protections for Medical Staff Leadership: How to Conduct Medical Staff and Peer Review while Maintaining Due Process," Medical Staff Leadership Conference, Houston, TX (February 29, 2020)
- Co-Speaker, "2019 Year in Review: What You Need to Know About the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud for 2020," Webinar, Seyfarth Shaw LLP (January 28, 2020)
- Speaker, “Guidance on Health Care Fraud Enforcement and Compliance,” A Conversation with HHS Counsel and Other Experts, Houston, Texas (December 10, 2019)
- Panelist, “Recent Trends in Protecting and Exploiting Trade Secrets,” LES Houston Chapter, Houston, Texas (August 28, 2019)
- Panelist and Presenter, "Health Law Check-Up: How Well do You Know How Healthcare Affects You?," Seyfarth Shaw LLP in conjunction with the Association of Corporate Counsel, Houston (July 16, 2019)
- Presenter, “The Privileges and Immunities of Peer Review: How to Properly Conduct Medical Staff Credentialing While Maintaining Physician Due Process,” Medical Executive Leadership Conference, Houston, Texas (April 5, 2019)
- Presenter, “Avoiding and Overcoming Allegations of ‘Sham Peer Review’,” Medical Executive Leadership Conference, Houston, Texas (April 5, 2019)
- Keynote Speaker, “Age Cognitive Loss and Performance: Addressing the Impaired Physician’,” Physician Group Leadership Meeting (February 25, 2019)
- Presented to Texas Medical Center General Counsel, “What's New? 2018 Health Care Law Year in Review" (January 2019)
- Co-Presenter, "2018 - Healthcare Year in Review," CLE session for a not-for-profit Healthcare Provider, Presented by Seyfarth Shaw, Houston, TX (January 15, 2019)
- Keynote Speaker, “Avoiding and Overcoming Allegations of ‘Sham Peer Review’,” Physician Group Leadership Meeting (October 31, 2018)
- Co-Presenter, "Drafting Winning Post-Trial Briefs," Webinar, presented by Seyfarth Shaw LLP (April 5, 2018)
- Presenter, “Discussion of Confidential and Privileged Communications in Hospitals” update for not-for-profit hospital Chiefs and Medical Directors (August 2018)
- Co-Presenter, “Workplace Communications: a Discussion of Legal Issues,” CLE Course, presented to Memorial Hermann Health System Executive Leadership (October 19, 2017)
- Keynote Speaker, “Health Care Litigation Update,” The University of Texas Health Science Center at Houston, Office of Legal Affairs (September 19, 2017)
- Keynote Speaker, “How to Properly Conduct a Medical Peer Review Investigation,” Memorial Hermann Southwest Hospital Medical Staff Conference (November 12, 2016)
- Keynote Speaker, “Aging, Cognitive Decline, and Substance Abuse: Addressing the Impaired Physician,” Memorial Hermann Southwest Hospital Medical Staff Conference (November 12, 2016)
- Co-Host and Presenter, “2015 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secret, Non-Compete, and Computer Fraud Law,” Webinar, presented by Seyfarth Shaw LLP (January 29, 2016)
- Keynote Speaker, “Obtaining Medical Records in Criminal Defense Cases,” Montgomery County Bar Association CLE (Nov. 19, 2015)
- Faculty Member, Legal Aspects of Physician Practice and How to Best Prevent, Prepare for, and Ultimately Address Professional Liability Litigation, 2015 American Congress of Gynecology and Texas Association of Obstetricians and Gynecologists Annual Conference (October 3, 2015)
- Keynote Speaker, "The Privileges and Immunities of Peer Review: How to Properly Conduct Medical Staff Credentialing While Maintaining Physician Due Process," Texas Society of Medical Staff Specialists (April 22, 2014)
- Keynote Speaker, "Age, Cognitive Loss, and Sobriety: Addressing the Impaired Physician," Texas Society of Medical Staff Specialists Annual Conference (April 16, 2015)
- Co-Presenter, “Obtaining Medical Records in Family Law Cases," Houston Bar Association Family Law Section (April 1, 2015)
- Co-Presenter, "The Privileges and Immunities of Peer Review: How to Properly Conduct Medical Staff Credentialing While Maintaining Physician Due Process," Houston Bar Association Health Law Section (March 5, 2014)
- Keynote Speaker, "Addressing the Impaired Physician," before the Valley Regional Medical Center Medical Staff (February 20, 2014)
- Keynote Speaker, "Legal Protections for Medical Staff Leadership," Memorial Hermann Memorial City Medical Center Medical Executive Leadership Retreat (February 1, 2014)
- Keynote Speaker, "New Healthcare Laws, The Fair Hearing Process, and The Legal Ramifications of Negligent Credentialing," Greater Houston Society of Medical Staff Specialists (August 2, 2013)
- Course Speaker, “Life, Death & Some Things In Between: Medical Jurisprudence” Baylor College of Medicine - Medical Jurisprudence Course (December 14, 2012)
- Co-Presenter, "Impairment, Cognitive Loss, Sobriety," Texas Hospital Association Hospital Physician Executives Constituency Meeting (September 7, 2012)
- Co-Presenter, "Medicare: The Payer of Last Resort," Waco Risk Management Conference (June 20, 2012)
- Keynote Speaker, "Privileges and Immunities In Medical Peer Review," Trustees, Board of Directors and Medical Executive Leadership Conference, Valley Regional Medical Center, Brownsville Texas (June 11, 2012)
- Keynote Speaker, “Legal Aspects of Peer Review and Credentialing,” Texas Society for Medical Services Specialists (April 20, 2012)
Media Mentions
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Media Mentions
- Quoted, "FTC noncompete ban blocked: What businesses should know," TechTarget (August 21, 2024)
- Quoted, "Businesses left in legal limbo with FTC noncompete ban," TechTarget (July 12, 2024)
- Quoted, "Judge delays ban on noncompete agreements for small number of employers," CNN (July 3, 2024)
- Featured, "Health Law Disruption: Cybersecurity & Emerging Data Risks," American Health Law Association (July 14, 2022)
- Trading Secrets Blog post from June 22, 2018 Referenced in Law 360 article, "Texas Verdict Could Be Bellwether For Trade Secrets Litigation" (January 31, 2020)
Kudos
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Kudos
Jesse has been recognized by in-house counsel as a BTI M&A Client Service All-Star for being a lawyer who "consistently delivers outstanding service" and for "looking ahead and anticipating any upcoming issues or needs we may have." —BTI Consulting Group
Jesse provides his clients advice, counsel, and world-class advocacy to help them resolve their legal disputes.
More About Jesse
Clients throughout the business world face challenges protecting their confidential, proprietary, and trade-secret information, whether these challenges arise from departing employees or third-party threat actors. Health care clients face additional challenges maintaining protected health information, as well as addressing medical staff disputes and government investigations. All clients face breaches of contract, business torts, and other litigation matters. Jesse is the trusted advisor who can resolve his clients' most complex, challenging legal disputes.
Jesse has worked for more than a decade prosecuting and defending trade-secret, data-breach, and restrictive-covenant matters for clients across the business spectrum. He has successfully resolved bet-the-company disputes and managed teams of dozens of lawyers in national and multinational litigation. He assists clients in managing the risks associated with both new and departing employees, which includes counseling his clients on the enforceability of employees’ restrictive covenants in an ever-changing legal landscape. He has also led countless forensic investigations in tracking down and remediating trade-secret theft.
Jesse has also worked for more than a decade in the health care industry, assisting clients with individual physician, medical staff, and medical peer review disputes. He has also led HIPAA and state-privacy data breach responses and defended his clients in data-breach class actions. He has further represented health care entities in antitrust, business torts, and breach-of-contract lawsuits, bringing matters to successful settlement or favorable trial verdicts. His advice and counsel focuses on assisting his clients with navigating the regulatory framework unique to the health care industry.
To enhance and optimize the legal services he and his teams provide to clients, Jesse adopts and customizes innovative technological solutions. These include cutting-edge eDiscovery tools, as well as unique in-house solutions such as Seyfarth Link and Seyfarth at Work, in order to streamline processes and drive down costs for clients.
Jesse enjoys working with a team of dedicated attorneys and staff in meeting client needs. He embraces Seyfarth's culture of collaboration and providing cutting-edge, tech-assisted legal services in the fast-paced, constantly evolving legal landscape that his clients face.
Jesse has worked for more than a decade prosecuting and defending trade-secret, data-breach, and restrictive-covenant matters for clients across the business spectrum. He has successfully resolved bet-the-company disputes and managed teams of dozens of lawyers in national and multinational litigation. He assists clients in managing the risks associated with both new and departing employees, which includes counseling his clients on the enforceability of employees’ restrictive covenants in an ever-changing legal landscape. He has also led countless forensic investigations in tracking down and remediating trade-secret theft.
Jesse has also worked for more than a decade in the health care industry, assisting clients with individual physician, medical staff, and medical peer review disputes. He has also led HIPAA and state-privacy data breach responses and defended his clients in data-breach class actions. He has further represented health care entities in antitrust, business torts, and breach-of-contract lawsuits, bringing matters to successful settlement or favorable trial verdicts. His advice and counsel focuses on assisting his clients with navigating the regulatory framework unique to the health care industry.
To enhance and optimize the legal services he and his teams provide to clients, Jesse adopts and customizes innovative technological solutions. These include cutting-edge eDiscovery tools, as well as unique in-house solutions such as Seyfarth Link and Seyfarth at Work, in order to streamline processes and drive down costs for clients.
Jesse enjoys working with a team of dedicated attorneys and staff in meeting client needs. He embraces Seyfarth's culture of collaboration and providing cutting-edge, tech-assisted legal services in the fast-paced, constantly evolving legal landscape that his clients face.
Education
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Education
- JD, George Mason University School of Law
George Mason Law Review, editor
- BA, Brigham Young University
Magna cum laude
Admissions
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Admissions
- Texas
- Virginia
Courts
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Courts
- US Court of Appeals, Second Circuit
- US Court of Appeals, Fifth Circuit
- US District Court, District of Colorado
- US District Court, District of New Mexico
- US District Court, Eastern District of Texas
- US District Court, Northern District of Texas
- US District Court, Southern District of Texas
- US District Court, Western District of Texas
- US District Court, Eastern District of Wisconsin
- US District Court, Western District of Wisconsin
Jesse M. Coleman on Litigation, Technology, Privacy, and Other Health Care Industry Considerations (Video)
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Jesse M. Coleman on Litigation, Technology, Privacy, and Other Health Care Industry Considerations (Video)
Related Key Industries
Related Key Industries
Blogs
Blogs
EXPERIENCE
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EXPERIENCE
- Successfully litigated numerous trade secret and restrictive covenant disputes, assisting clients in protecting their trade secrets, obtaining injunctive relief, and defending against claims of misappropriation and breach of contract.
- Obtained $40 million public settlement from bankrupt defendant alleged to have misappropriated trade secrets from electric car company client after three years of litigation.
- Represented hospitals and other health care provider entities against physician claims arising out of medical staff peer review proceedings and reports to the National Practitioner Data Bank.
- Defended health care providers in data-breach class actions arising from cyber security data incidents.
- Successfully led and participated in physician due-process hearings on behalf of medical staffs and hospitals, thereby upholding physicians’ summary suspensions, revocation of clinical privileges, denial of reappointment, and removal from hospital medical staff.
- Represented health care providers in HIPAA and state-law privacy data breach notification proceedings, responding to requests from the US Department of Health and Human Services Office of Civil Rights and state attorneys general.
- Evaluated potential privacy, security, and data breaches under state and federal law, and developed and implemented mitigation response protocols.
- Successfully defended hospital in defamation, business disparagement, tortious interference, and antitrust claims, obtaining a take-nothing judgment against the plaintiff at Texas Supreme Court.
- Advised health care entities on medical staff bylaws revisions, legal defense strategies in peer review proceedings, formation of new leadership committees, and drafting additional contract provisions between hospital system and joint ventures.
- Assisted health care clients in reformulating subpoena policies and release-of-information policies as they relate to HIPAA regulations, federal substance-abuse laws, and Texas privacy laws.
- Represented clients in response to Civil Investigative Demands from US Department of Justice.
Related Trends
Related News & Insights
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Webinar
Dec 17, 2024
What Employers Need to Know Regarding Non-Compete Changes in 2024
-
Blog Post
Nov 22, 2024
Webinar – What Employers Need to Know Regarding Non-Compete Changes in 2024
-
Blog Post
Oct 4, 2024
Pennsylvania Plaintiff Drops Challenge to FTC Non-Compete Rule
-
Blog Post
Sep 25, 2024
The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule
Select Recognition
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Select Recognition
- Listed in Best Lawyers in America (Woodward/White Inc.) for Trade Secrets Law (2024-2025)
- Listed in Global Trade Secrets 2024 by World IP Review (WIPR) (2024)
- Recognized as a Recommended Attorney for Trade secrets (litigation and non-contentious matters) by The Legal 500, USA (Legalese Ltd.) (2023-2024)
- Recognized for Healthcare (Texas) by Chambers USA (2024)
- Elected as a Fellow of the Texas Bar Foundation, the premier organization of attorneys in Texas, open to only 1/3 of 1% of all Texas lawyers. (2023)
- Recognized as a Recommended Attorney by The Legal 500, USA (Legalese Ltd.) (2016, 2018-2020)
- Rated by in-house counsel among BTI Consulting Group’s BTI M&A Client Service All-Stars (2021)
- Recognized as a "Rising Star" in Texas Super Lawyers for Health Care Law (Thomson Reuters) (2016-2020)
- Seyfarth Health Care Law practice given a Tier 1 ranking in U.S. News - Best Lawyers "Best Law Firms" (Woodward/White Inc., U.S. News & World Report L.P.) (2019)
Leadership & Professional Affiliations
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Leadership & Professional Affiliations
- American Health Lawyers Association
Publications
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Publications
- Co-Author, "The Government Contract Compliance Handbook, 6th," Federal Publications (2024)
- Co-Author, "The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule," Trading Secrets, Seyfarth Shaw LLP (September 24, 2024)
- Co-Author, “Federal Texas Court Sets Aside with “Nationwide Effect” the FTC Rule Banning Non-Competes,” Legal Update, Seyfarth Shaw LLP (August 21, 2024)
- Co-Author, "Code Red: AHA and FHA Acknowledge Industry Distortions to Emerge from the Threat to Regulate Nonprofit Hospitals Wherever Possible," Trading Secrets, Seyfarth Shaw LLP (August 16, 2024)
- Co-Author, "Federal Court in Pennsylvania Creates District Split on Enforceability of FTC Non-Compete Ban," Trading Secrets, Seyfarth Shaw LLP (July 24, 2024)
- Co-Author, "UPDATE: Texas Judge Swiftly Denies Plaintiffs’ Request to Expand Scope of Injunction in FTC Non-Compete Ban Case," Trading Secrets, Seyfarth Shaw LLP (July 11, 2024)
- Co-Author, "U.S. Chamber and Ryan Seek to Expand Injunction Halting FTC Non-Compete Ban," Trading Secrets, Seyfarth Shaw LLP (July 10, 2024)
- Co-Author, "Preliminary Analysis on the Ryan Court’s Order Enjoining the FTC’s Ban on Non-Competes," Trading Secrets, Seyfarth Shaw LLP (July 5, 2024)
- Co-Author, "The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance," Trading Secrets, Seyfarth Shaw LLP (June 20, 2024)
- Co-Author, "Cutting Off Claims – When Does the FTC Noncompete Ban Allow for Accrued Actions?," Trading Secrets, Seyfarth Shaw LLP (May 17, 2024)
- Co-Author, "Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update," Legal Update, Seyfarth Shaw LLP (May 6, 2024)
- Co-Author, "FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File," Trading Secrets, Seyfarth Shaw LLP (May 3, 2024)
- Co-Author, "Online Portal Helps Fortify Feds' Unfair Health Practices Fight," Law360 (May 1, 2024)
- Co-Author, “FTC Non-Compete Ban: What You Need to Know,” Legal Update, Seyfarth Shaw LLP (April 25, 2024)
- Co-Author, "FTC Non-Compete Ban: What You Need to Know," Trading Secrets Blog (April 24, 2024)
- Co-Author, "All Gas No Brakes – The FTC, DOJ, and HHS Unveil Online Reporting Portal as Latest Effort to Combat Unfair and Anticompetitive Health Care Practices," Legal Update, Seyfarth Shaw LLP (April 24, 2024)
- Co-Author, "FDIC Updates Bank Merger Guidance to Include Non-Compete Ban," Trading Secrets Blog (April 10, 2024)
- Co-Author, "Health Care Litigation," 2024 Commercial Litigation Outlook, Seyfarth Shaw LLP (February 2024)
- Co-Author, "Cyber Strategy: HHS Weighs in on Cybersecurity in the Healthcare Industry," Legal Update, Seyfarth Shaw LLP (January 22, 2024)
- Co-Author, "California's Enhanced Non-Compete Ban: Implications For Employers," HR.com (January 2, 2024)
- Co-Contributor, "50-State Survey of Health Care Information Privacy Laws," Legal Update, Seyfarth Shaw LLP (October 2, 2023)
- Co-Author, "Not All Documents Labeled Confidential Actually Are: Texas Jury Finds $23M Trade Secret Case Was Brought in Bad Faith," Trading Secrets Blog, Seyfarth Shaw LLP (July 11, 2023)
- Co-Author, "Texas Lawmakers Enact New Laws Reforming Texas Medical Board Disciplinary Authority and Increasing Hospital Reporting Obligations," Legal Update, Seyfarth Shaw LLP (June 27, 2023)
- Co-Author, "NLRB joins FTC in taking aim at non-competes," Virgina Lawyers Weekly (June 19, 2023)
- Co-Author, "FTC Extends Public Comment Deadline on Proposed Rule Banning Employment Non-Competes Until April 19th," Trading Secrets Blog, Seyfarth Shaw LLP (March 7, 2023)
- Co-Contributor, 2023 Commercial Litigation Outlook, Seyfarth Shaw LLP (January 2023)
- Co-Author, "Supreme Court to Resolve Whether 'Objectively Reasonable' Interpretation of Legal Obligation Insulates Defendants from False Claims Act Liability," Legal Update, Seyfarth Shaw LLP (January 23, 2023)
- Co-Author, “Texas Court of Appeals Affirms Summary Judgment in Physician Staffing Case Citing Lack of Damages Evidence,” Trading Secrets Blog, Seyfarth Shaw LLP (January 17, 2023)
- Co-Author, “Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional,” Trading Secrets Blog, Seyfarth Shaw LLP (January 12, 2023)
- Co-Author, "2022 Trade Secrets Webinar Series: Takeaways & Recordings," Legal Update, Seyfarth Shaw LLP (December 29, 2022)
- Co-Author, "Colorado Poised to Further Restrict Post-Employment Restrictions," Trading Secrets Blog, Seyfarth Shaw LLP (August 9, 2022)
- Co-Author, "FTC Further Scrutinizes Use of Non-Competes in Merger Transactions," Trading Secrets Blog, Seyfarth Shaw LLP (July 21, 2022)
- Co-Author, "Texas Supreme Court Confirms that HouseCanary Must Fly Toward a $201 Million Judgment or a Retrial," Trading Secrets Blog, Seyfarth Shaw LLP (June 30, 2022)
- Co-Author, "Federal Court Provides Insight on Meaning of ‘Solicitation’ and Plaintiff’s Burden on Motion for Preliminary Injunction," Trading Secrets Blog, Seyfarth Shaw LLP (April 18, 2022)
- Co-Author, "Trade Secret Litigation: DTSA/TUTSA Lawsuit Unraveled by Public Disclosure of Alleged Trade Secret in its Expired Patent," IP Litigator (March/April 2022)
- Co-Contributor, 2022 Commercial Litigation Outlook, Seyfarth Shaw LLP (March 2022)
- Co-Author, "Texas Oil & Gas Manufacturing Company’s DTSA/TUTSA Lawsuit Unraveled by Public Disclosure of Alleged Trade Secret in its Own Expired Patent," Trading Secrets Blog, Seyfarth Shaw LLP (January 19, 2022)
- Co-Editor, 50 State Desktop Reference: What Businesses Need to Know about Non-Competes and Trade Secrets Law, Seyfarth Shaw LLP (2022 Edition)
- Co-Author, "2021 Trade Secrets Webinar Series: Takeaways & Recordings," Legal Update, Seyfarth Shaw LLP (December 21, 2021)
- Co-Author, "The Fifth Circuit Limits Enjoinment Of The CMS Rule To Only The Plaintiff States," Legal Update, Seyfarth Shaw LLP (December 16, 2021)
- Co-Author, "Missouri Federal Court Enjoins CMS Vaccination Rule in Certain States," Legal Update, Seyfarth Shaw LLP (November 29, 2021)
- Co-Author, "CMS Issues Emergency COVID-19 Vaccination Mandate for Millions of Health Care Workers Across the Country," Legal Update, Seyfarth Shaw LLP (November 4, 2021)
- Co-Contributor, The Future of Health Care in the US: What a Post-Pandemic Health Care System Could Look Like, Second Edition, Seyfarth Shaw LLP (September 14, 2021)
- Co-Author, "Jesse Coleman and Erik Weibust Present Webinar on 'Available Remedies in Trade Secret and Restrictive Covenant Cases' for LawPracticeCLE," Trading Secrets Blog, Seyfarth Shaw LLP (July 16, 2021)
- Co-Contributor, "50-State Survey of Health Care Information Privacy Laws," Legal Update, Seyfarth Shaw LLP (July 15, 2021)
- Co-Author, "HHS Has Undertaken an Unprecedented Expansion of the PREP Act Over the Past Year to Combat COVID-19, but Will Litigants, and the Courts, Get the Message?," American Health Law Association; shared during In-House Counsel Program 2021 (July 7, 2021)
- Co-Author, "Webinar Recap! How and Why Texas is Different When it Comes to Trade Secrets and Non-Competes," Trading Secrets Blog, Seyfarth Shaw LLP (June 24, 2021)
- Co-Contributor, "Commercial Litigation Outlook: 2021 Edition," Legal Update, Seyfarth Shaw LLP (March 31, 2021)
- Co-Author, "Texas Federal Jury Awards $152 Million in Trade Secret Misappropriation Case Interrupted by COVID-19," Trading Secrets Blog, Seyfarth Shaw LLP (March 29, 2021)
- Co-Author, "Seventh Amendment to PREP Act Declaration Further Increases the Pool of Authorized COVID-19 Vaccinators," Legal Update, Seyfarth Shaw LLP (March 26, 2021)
- Co-Author, "Ninth Circuit Recognizes Continued Use Doctrine under the DTSA, but Confirms that Patent Publication Precludes Claim," Trading Secrets Blog, Seyfarth Shaw LLP (March 12, 2021)
- Co-Author, "Fifth Amendment to PREP Act Declaration Expands the Ranks of Health Care Providers Authorized to Administer COVID-19 Vaccines," Legal Update, Seyfarth Shaw LLP (February 3, 2021)
- Co-Author, "Takeaways From AHLA Webinar, 'CMS, OIG Insights into Stark and AKS Final Rule Part II: Flexibilities and Clarifications.'," Legal Update, Seyfarth Shaw LLP (January 12, 2021)
- Co-Author, "New HHS Advisory Opinion Confirms Complete Federal Preemption for PREP Act Cases and Applicability of the Act’s Defenses in Non-Use Situations," Legal Update, Seyfarth Shaw LLP (January 11, 2021)
- Co-Author, "Takeaways From AHLA Webinar, 'CMS, OIG Insights into Stark and AKS Final Rules Part I: Supporting Value-Based Care'," Legal Update, Seyfarth Shaw LLP (December 22, 2020)
- Co-Author, "CMS Releases FY2021 Medicare Physician Fee Schedule Final Rule, Permanently Expanding Telehealth, Increasing Rates, and Broadening Scope of Practice for Non-Physicians," Legal Update, Seyfarth Shaw LLP (December 8, 2020)
- Co-Author, "More Than a Game Changer: Fourth Amendment to PREP Act Declaration Establishes Federal Jurisdiction, Bolsters Immunities, and Expands to Telehealth Countermeasures," Legal Update, Seyfarth Shaw LLP (December 7, 2020)
- Co-Author, "CMS and OIG Announce Long-Awaited Changes to the Federal Stark Regulations and Anti-Kickback Laws," Legal Update, Seyfarth Shaw LLP (November 20, 2020)
- Co-Author, "Two New HHS Advisory Opinions Dramatically Illuminate the Wide Scope of PREP Act Immunity," Legal Update, Seyfarth Shaw LLP (October 28, 2020)
- Co-Author, "Jesse Coleman and Erik Weibust Present Webinar on 'Recovering Damages for Breach of Restrictive Covenants' for Strafford," Trading Secrets Blog, Seyfarth Shaw LLP (October 8, 2020)
- Co-Author, "Texas Court of Appeals Reaffirms Key Principles Concerning the Medical Peer Review Privilege," Legal Update, Seyfarth Shaw LLP (September 25, 2020)
- Co-Author, "CMS Announces Extension on Publishing Final Rule Governing Physician Self-Referrals in Stark Law," Legal Update, Seyfarth Shaw LLP (September 9, 2020)
- Co-Author, "HouseCanary Weighs a Bird in Hand… Collect on a $210,000,000 Judgment or Retry the Entire Case," Trading Secrets Blog, Seyfarth Shaw LLP (September 4, 2020)
- Co-Author, "Third Amendment to PREP Act Declaration Further Expands Scope of Liability Immunity for Medical Countermeasures Against COVID-19," Legal Update, Seyfarth Shaw LLP (August 25, 2020)
- Co-Author, "Fifth Circuit Holds that Reformation of Texas Non-Competes Is Authorized, and Perhaps Required, at Preliminary Injunction Stage," Trading Secrets Law Blog, Seyfarth Shaw LLP (August 21, 2020)
- Co-Author, "Louisiana Expands its Non-Compete Statute in Favor of Companies," Trading Secrets Blog, Seyfarth Shaw LLP (August 19, 2020)
- Co-Author, "Courts Across the Country Continue to Address Trade Secrets Issues," Trading Secrets Blog, Seyfarth Shaw LLP (June 11, 2020)
- Co-Author, "HHS Secretary Amends PREP Act Declaration to Clarify Definition of 'Covered Countermeasures'," Legal Update, Seyfarth Shaw LLP (June 5, 2020)
- Co-Author, "OIG Announces Strategic Plan for Oversight of COVID-19 Response and Recovery Efforts," Legal Update, Seyfarth Shaw LLP (June 1, 2020)
- Co-Author, "HHS Advisory Opinion Concludes that the PREP Act Preempts Any State or Local Law that Prohibits Pharmacists from Administering FDA-Approved COVID-19 Tests," Legal Update, Seyfarth Shaw LLP (May 20, 2020)
- Co-Author, "HHS OIG to Accept Inquiries Concerning the AKS and Other Administrative Enforcement Authorities Directly Connected to COVID-19," Legal Update, Seyfarth Shaw LLP (May 11, 2020)
- Co-Author, "Houston First Circuit Court of Appeals Joins the Growing Trend by Holding that the Pre-Amendment TCPA Does Not Protect Certain Competitive Behavior," Trading Secrets Blog, Seyfarth Shaw LLP (May 8, 2020)
- Co-Author, "Supreme Court Rules Government Must Pay $12 Billion to Health Insurers Under ACA Risk Corridor Program," Legal Update, Seyfarth Shaw LLP (April 28, 2020)
- Co-Author, "Managing Health Privacy and Other Legal Risk in the Age of the Coronavirus," Juriste International (April 22, 2020)
- Author, "NPDB Waives Query Fees from March through May 2020," Legal Update, Seyfarth Shaw LLP (April 20, 2020)
- Co-Author, "HHS Issues Advisory Opinion on PREP Act: Immunity May Extend Beyond Actual Covered Persons and Approved Countermeasures," Legal Update, Seyfarth Shaw LLP (April 15, 2020)
- Co-Author, "Texas Announces Drive-Thru Pharmacy Coronavirus Testing," Legal Update, Seyfarth Shaw LLP (April 9, 2020)
- Co-Author, "OASH Authorizes Licensed Pharmacists to Order and Administer COVID-19 Testing, Granting Federal Immunity under the PREP Act," Legal Update, Seyfarth Shaw LLP (April 8, 2020)
- Co-Author, "Texas Governor Allows Qualified, but not Certified, EMS Workers to Perform EMS Services During Pandemic," Legal Update, Seyfarth Shaw LLP (April 4, 2020)
- Co-Author, "Texas Supreme Court Tolls Statutes of Limitations For Civil Cases," Legal Update, Seyfarth Shaw LLP (April 2, 2020)
- Co-Author, "Texas Update: Governor Abbott Issues Social Distancing Guidelines; Stops Short of Issuing a Statewide Shelter In Place Order," Legal Update, Seyfarth Shaw LLP (April 2, 2020)
- Co-Author, "A Herculean Task: Proving a Competitor’s Knowledge and Participation in an Unfair Competition Case," Trading Secrets Blog, Seyfarth Shaw LLP (April 1, 2020)
- Co-Author, "Part II: Emergency Childcare: State-Specific Measures," Legal Update, Seyfarth Shaw LLP (March 24, 2020)
- Co-Author, "Texas Update: Governor Abbott Issues Executive Order to Increase Hospital Capacity. Various Counties Issue or Consider 'Stay Home Stay Safe' and Related Orders," Legal Update, Seyfarth Shaw LLP (March 23, 2020)
- Co-Author, "Emergency Childcare: A Guide For Health Care Providers," Legal Update, Seyfarth Shaw LLP (March 22, 2020)
- Co-Author, "Managing HIPAA and Other Legal Risk in the Age of the Coronavirus," Legal Update, Seyfarth Shaw LLP (March 21, 2020)
- Author, "INSIGHT: Texas Doctors Get New Cause of Action for Malicious Peer Review," Bloomberg Law (March 6, 2020)
- Co-Author, "Supreme Court Takes Up 5th Circuit Challenge to Affordable Care Act," Legal Update, Seyfarth Shaw LLP (March 2, 2020)
- Co-Author, "Trade Secret Litigation," IP Litigator (January/February 2020)
- Co-Author, "The Dallas Court of Appeals Further Expands Goldberg and Holds that Communications Between a Competitor and Customers and Suppliers Do Not Involve Matters of Public Concern," Trading Secrets Blog, Seyfarth Shaw LLP (February 5, 2020)
- Author, "Recent Legal Developments That Are Going to Make Medical Peer Review in Texas Harder (But More Important Than Ever)," Law.com (January 15, 2020)
- Co-Author, "Fifth Circuit Affirms Striking Down Individual Mandate of Affordable Care Act and Remands on Issue of Severability," Legal Update, Seyfarth Shaw LLP (December 19, 2019)
- Co-Author, "In Case You Missed It: Guidance on Health Care Fraud Enforcement and Compliance," Legal Update, Seyfarth Shaw LLP (December 13, 2019)
- Co-Author, "The Halcyon Days Are Over: Texas Courts of Appeals Narrow the Application of the TCPA's 'Commercial Speech' Exception Even as the Legislature Narrows Its Definitions," Trading Secrets Blog, Seyfarth Shaw LLP (December 13, 2019)
- Co-Author, "A Little Knowledge Is a Dangerous Thing: Beware the Statute of Limitations in Trade Secrets Misappropriation Cases," Trading Secrets Blog, Seyfarth Shaw LLP (December 3, 2019)
- Author, "New Safe Harbors In A Storm of Risk and Regulations: A Review of the OIG’s Proposed Changes to the Federal Anti-Kickback Laws," Legal Update, Seyfarth Shaw LLP (November 21, 2019)
- Author, "Klocke’s Ongoing Viability: Whether the TCPA’s Statutory Changes Have Resurrected Its Applicability in Federal Court," Trading Secrets Blog, Seyfarth Shaw LLP (November 19, 2019)
- Author, "CMS’ Proposed Stark Rule Change and Guidance on 'The Big Three': Fair Market Value, Commercial Reasonableness, and Taking Into Account Volume or Value Referrals," Legal Update, Seyfarth Shaw LLP (November 14, 2019)
- Co-Author, "Strong Economy Leads to Increased Union Strength in the Healthcare Industry," Future Enterprise Blog, Seyfarth Shaw LLP (October 8, 2019)
- "Louisiana Federal Court Rules Information in Patent Application Remains Actionable Trade Secret Under DTSA," Trading Secrets Blog, Seyfarth Shaw LLP (September 25, 2019)
- Co-Author, "Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases," Trading Secrets Blog, Seyfarth Shaw LLP (September 4, 2019)
- Co-Editor, "50 State Trade Secret and Non-Compete Desktop Reference," 2019-2020 Edition, Seyfarth Shaw LLP (2019)
- Co-Author, "#MeToo Confronts Health Care," Future Enterprise Blog, Seyfarth Shaw LLP (February 22, 2019)
- Co-Author, "The Limits of 'Taking the Lead Early': A Dismissal Without Prejudice Will Not Support Defend Trade Secrets Act Attorney’s Fees," Trading Secrets, Seyfarth Shaw LLP (December 3, 2018)
- Quoted, "How to Comply with the HIPAA Breach Notification Rule," Health IT Security (November 9, 2018)
- Co-Author, "Can the Health Care Industry Protect Itself from Cyberattacks?," Future Enterprise Blog, Seyfarth Shaw LLP (October 22, 2018)
- Co-Editor, "50 State Desktop Reference: What Businesses Need to Know About Non-Compete and Trade Secrets Law," 2018-2019 Edition, Seyfarth Shaw LLP (2018)
- Co-Author, "The Texas Court of Appeals for the Third District Holds that the Texas Anti-SLAPP Statute Applies to a Conspiracy to Misappropriate Trade Secrets Claim," ITechLaw (July 31, 2018)
- Co-Author, "How Texas' Anti-SLAPP Law Applies To Medical Peer Review," Law360 (July 23, 2018)
- Co-Author, "The Texas Court of Appeals for the Third District Holds that the Texas Anti-SLAPP Statute Applies to a Conspiracy to Misappropriate Trade Secrets Claim," Trading Secrets Blog, Seyfarth Shaw LLP (July 11, 2018)
- Co-Author, "Employer Onsite Clinics: A Trending Solution to Rising Costs and Competition for Talent," Future Employer Blog, Seyfarth Shaw LLP (June 25, 2018)
- Co-Author, "In Trade Secret Misappropriation Case, Texas Court of Appeals Affirms Attorney’s Fees Award Approaching $220,000 where Actual Damages Were $4,000," Trading Secrets Blog, Seyfarth Shaw LLP (June 22, 2018)
- Co-Author, "Texas Supreme Court Declines to Take Up Case Requesting that a Plaintiff Describe the Elements of Any Trade Secret Process That It Claims Was Misappropriated," Trade Secrets Blog, Seyfarth Shaw LLP (April 6, 2018)
- Co-Author, "Telemedicine: Risk and Reward," Future Employer Blog, Seyfarth Shaw LLP (February 23, 2018)
- "Chipping Employees: The 'Wave' of the Future?," Future Employer Blog, Seyfarth Shaw LLP (October 5, 2017)
- Co-Author, "Texas Legislature Clarifies and Expands the Texas Uniform Trade Secrets Act," Legal Update, Seyfarth Shaw LLP (June 22, 2017)
- Co-Author, "Texas Court Holds Mere Possession and Opportunity to Use Trade Secrets is Sufficient for Misappropriation," Trading Secrets Blog, Seyfarth Shaw LLP (March 22, 2017)
- Co-Author, "Texas Supreme Court Tosses Former Employee’s Defamation Suit Based on Matters of Public Concern Under the TCPA," One Minute Memo, Seyfarth Shaw LLP (March 1, 2017)
- Co-Author, "Texas Appellate Court Holds Condition Subsequent in Noncompete Agreement Excused Former Employee’s Competitive Activities," Trading Secrets Blog, Seyfarth Shaw LLP (December 27, 2016)
- Co-Author, "Trade Secrets in Texas: Is Adoption of the 'Inevitable Disclosure' Doctrine…Inevitable?," Texas Lawbook (July 12, 2016)
- "Texas Supreme Court: Company Representative May Be Excluded from Trade Secret Hearing," Trading Secrets Blog, Seyfarth Shaw LLP (May 31, 2016)
- "Oil-And-Gas Services Companies Argue Over Trial Court’s Authority to Exclude Corporate Representatives Under New Texas Trade Secret Law," Trading Secrets Blog, (January 19, 2016)
- "Texas Federal Court Rules 'Anti-Competitive' Employment Covenants Do Not Raise Federal Antitrust Question," Trading Secrets Blog , Seyfarth Shaw LLP (November 30, 2015)
- Co-Author, "Health Reform, the Personal-Injury Lawyer's Friend," National Law Journal (March 9, 2015)
- Co-Author, "How to Approach Aberrant Physician Behavior," Law360 (September 26, 2012)
Presentations
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Presentations
- Guest Lecturer, "Remedies for Trade Secret Misappropriations ," University of Houston Law Center (October 30, 2024)
- Guest Lecturer, "Restrictive Covenants and Recent Federal Regulations," University of Houston Law Center (October 16, 2024)
- Co-Presenter, "Navigating the FTC's Non-Compete Ban: Implications and Strategies for Businesses and Organizations," Webinar, Seyfarth Shaw LLP (July 26, 2024)
- Co-Presenter, "Navigating the FTC's Non-Compete Ban: Implications and Strategies for Businesses and Organizations," Webinar, Association of Corporate Counsel (ACC) and Seyfarth Shaw LLP (July 16, 2024)
- Co-Presenter, "FTC Non-Compete Ban Impact on Financial Services and Status of Legal Challenges," Webinar, Seyfarth Shaw LLP (June 6, 2024)
- Co-Speaker, “Data Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age,” Webinar, Seyfarth Shaw LLP (May 28, 2024)
- Co-Speaker, "Election Year Hot Topics! Religious Accommodations Political Speech in the Workplace and More!," Webnar, Seyfarth Shaw LLP (May 22, 2024)
- Co-Speaker, “Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2024,” Webinar, Seyfarth Shaw LLP (May 2, 2024)
- Keynote Speaker, "Medical Staff Peer Review and Credentialing: Privileges, Immunities, OPPE/FPPE, and NPDB Reporting," Greater Houston Society of Medical Staff Specialists (GHSMSS) (November 10, 2023)
- Guest Lecturer, "Trade Secret Injunctions," University of Houston School of Law Trade Secrets Class (November 9, 2023)
- Moderator, "The Risks and Benefits of Artificial Intelligence/Machine Learning to In-House Counsel in Health Care and L&E Compliance," Webinar, Seyfarth Shaw LLP (July 26, 2023)
- Moderator, "Working with Experts and Recent Developments In Trade Secrets Damages," American Intellectual Property Law Association (May 17, 2023)
- Co-Presenter, "Fair Market Value in Hospital and Physician Transactions: Complying With Anti-Kickback and Self-Referral Laws," Strafford (March 28, 2023)
- Co-Presenter, "Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023, Part 3: Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023," Webinar Series, Seyfarth Shaw LLP (March 8, 2023)
- Co-Presenter, "Webinar Series - Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2023," Webinar, Seyfarth Shaw LLP (February 7, 2023)
- Guest Lecturer, "Trade Secret Remedies," University of Houston School of Law Trade Secrets Class (November 2, 2022)
- Co-Presenter, "Health Care Beat Episode 31: Privacy and Cybersecurity Risks for Health Care Organizations – Part 2: Regulatory and Legislative Considerations," Podcast, Seyfarth Shaw LLP (October 27, 2022)
- Moderator, "False Claims Act Litigation, Compliance, and Internal Investigations Issues in the Health Care Industry," ACC Houston Healthcare Law Practice Group CLE Webinar (October 4, 2022)
- Speaker, "How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes," Webinar, Seyfarth Shaw LLP (September 27, 2022)
- Guest Lecturer, "Successfully Entering the Practice of Law as a Health Care Lawyer," University of Houston School of Law Health Law Class (April 27, 2021)
- Co-Presenter, "Seeking Recovery for Breach of Restrictive Covenants: Damages, Injunctive Relief, and Beyond," Strafford Webinar (April 7, 2022)
- Co-Presenter, "Protecting Trade Secrets and Enforcing Restrictive Covenants Internationally," Webinar, Seyfarth Shaw LLP (March 17, 2022)
- Keynote Speaker, "Medical Staff Peer Review and Credentialing: Privileges, Immunities, OPPE/FPPE, and NPDB Reporting," Medical Executive Committee Retreat (February 26, 2022)
- Speaker, Health Care Beat Podcast: Episode 21: Future of Health Care in the US Series — PREP Act and Anticipated Impact on COVID-Related Tort and Contracts Litigation, Seyfarth Shaw LLP (January 6, 2022)
- Faculty Lecturer, "Medical Staff and Credentialing: Privileges and Immunities," CLE Webinar, Health Care Institute, Seyfarth Shaw LLP (November 30, 2021)
- Co-Presenter, "Don’t Mess with Texas Trade Secrets: Primer on Texas trade secrets and noncompete law, plus protecting trade secrets in the oil, gas, and energy industries," AIPLA Trade Secret Summit, Austin, TX (November 8, 2021)
- Moderator, "COVID-19 Vaccination Mandates - Special Issues for the Health Care Industry," ACC Houston Healthcare Law Practice Group CLE Webinar (October 26, 2021)
- Speaker, Health Care Beat Podcast: Episode 17: Future of Health Care in the US Series — A Turning Point for Hospitals and Other Facilities, Seyfarth Shaw LLP (October 14, 2021)
- Speaker, Health Care Beat Podcast: Episode 11: Beyond HIPAA – Health Care Privacy Laws in the 50 States, Seyfarth Shaw LLP (July 22, 2021)
- Co-Presenter, "Available Remedies in Trade Secret and Restrictive Covenant Cases," LawPracticeCLE Webinar (July 19, 2021)
- Co-Presenter, "How and Why Texas is Different When it Comes to Trade Secrets and Non-Competes," Webinar, Seyfarth Shaw LLP (June 22, 2021)
- Speaker, "Commercial Litigation Outlook: Post-Pandemic Trends and Emerging Challenges in 2021," Webinar, Seyfarth Shaw LLP (May 4, 2021)
- Faculty and Guest Lecturer for Seyfarth Health Care Institute Session, "Health Care Fraud | False Claims Act, Stark/Anti-Kickback Rules | Private Insurance Fraud" (April 21, 2021)
- Panelist, "The PREP Act Asserting Immunity and Understanding Its Application For Health Care Providers," ACC Houston Healthcare Law Practice Group CLE Webinar (April 20, 2021)
-
Speaker, Health Care Beat Podcast: Episode 3: Biden Administration Series — False Claims Forecast, Seyfarth Shaw LLP (April 15, 2021)
- Co-Presenter, "Personal Injury Immunity and the PREP Act: Asserting Immunity and Understanding Its Limitations," Strafford Webinar (February 24, 2021)
- Co-Presenter, "Available Remedies for Trade Secret and Restrictive Covenant Cases," Webinar, presented by Seyfarth Shaw LLP for the Federal Bar Association and myLawCLE (November 17, 2020)
- Moderator, "Health Care Fraud, Enforcement, and Immunity in the Pandemic and Post-Pandemic World," presented by ACC Houston and Seyfarth Shaw LLP (October 22, 2020)
- Co-Presenter, "Recovering Damages for Breach of Restrictive Covenants: Non-Competition, Non-Solicitation, and Non-Disclosure," Strafford Webinar (October 6, 2020)
- Co-Presenter, "New Era, New Litigation: Lawsuits You Can Expect in the Post-Pandemic Environment," virtual meeting of the North Shore General Counsel Association (August 19, 2020)
- Co-Presenter, "New Era, New Litigation: Lawsuits You Can Expect in the Post-Pandemic Environment," Webinar, Seyfarth Shaw LLP (July 22, 2020)
- Co-Presenter, "Part 2: Global Movements and Trade: Dubai as a Worldwide Logistics Conduit," The Dubai Advantage—Dubai Delegation Goes Virtual: Navigating the US-Dubai Network in Health Care and Logistics (July 22, 2020)
- Co-Presenter, "Part 1: Navigating the US and Dubai Health Care Complex in a Post-COVID World," The Dubai Advantage—Dubai Delegation Goes Virtual: Navigating the US-Dubai Network in Health Care and Logistics (July 14, 2020)
- Co-Presenter, "Coronavirus & Remote Work Force: Best Practices for Protecting Trade Secrets and Intellectual Capital," Webinar, Seyfarth Shaw LLP (March 27, 2020)
- Keynote Speaker, "Putting Together the Medical Peer Review Puzzle: Privileges, Immunities, NPDB Reporting, and OPPE/FPPE," Medical Executive Leadership Conference, Houston, TX (March 7, 2020)
- Speaker, "Fair Market Value in Hospital and Physician Transactions: Complying With Anti-Kickback and Self-Referral Laws," Webinar, Strafford Publications, Inc. (March 3, 2020)
- Keynote Speaker, "Legal Protections for Medical Staff Leadership: How to Conduct Medical Staff and Peer Review while Maintaining Due Process," Medical Staff Leadership Conference, Houston, TX (February 29, 2020)
- Co-Speaker, "2019 Year in Review: What You Need to Know About the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud for 2020," Webinar, Seyfarth Shaw LLP (January 28, 2020)
- Speaker, “Guidance on Health Care Fraud Enforcement and Compliance,” A Conversation with HHS Counsel and Other Experts, Houston, Texas (December 10, 2019)
- Panelist, “Recent Trends in Protecting and Exploiting Trade Secrets,” LES Houston Chapter, Houston, Texas (August 28, 2019)
- Panelist and Presenter, "Health Law Check-Up: How Well do You Know How Healthcare Affects You?," Seyfarth Shaw LLP in conjunction with the Association of Corporate Counsel, Houston (July 16, 2019)
- Presenter, “The Privileges and Immunities of Peer Review: How to Properly Conduct Medical Staff Credentialing While Maintaining Physician Due Process,” Medical Executive Leadership Conference, Houston, Texas (April 5, 2019)
- Presenter, “Avoiding and Overcoming Allegations of ‘Sham Peer Review’,” Medical Executive Leadership Conference, Houston, Texas (April 5, 2019)
- Keynote Speaker, “Age Cognitive Loss and Performance: Addressing the Impaired Physician’,” Physician Group Leadership Meeting (February 25, 2019)
- Presented to Texas Medical Center General Counsel, “What's New? 2018 Health Care Law Year in Review" (January 2019)
- Co-Presenter, "2018 - Healthcare Year in Review," CLE session for a not-for-profit Healthcare Provider, Presented by Seyfarth Shaw, Houston, TX (January 15, 2019)
- Keynote Speaker, “Avoiding and Overcoming Allegations of ‘Sham Peer Review’,” Physician Group Leadership Meeting (October 31, 2018)
- Co-Presenter, "Drafting Winning Post-Trial Briefs," Webinar, presented by Seyfarth Shaw LLP (April 5, 2018)
- Presenter, “Discussion of Confidential and Privileged Communications in Hospitals” update for not-for-profit hospital Chiefs and Medical Directors (August 2018)
- Co-Presenter, “Workplace Communications: a Discussion of Legal Issues,” CLE Course, presented to Memorial Hermann Health System Executive Leadership (October 19, 2017)
- Keynote Speaker, “Health Care Litigation Update,” The University of Texas Health Science Center at Houston, Office of Legal Affairs (September 19, 2017)
- Keynote Speaker, “How to Properly Conduct a Medical Peer Review Investigation,” Memorial Hermann Southwest Hospital Medical Staff Conference (November 12, 2016)
- Keynote Speaker, “Aging, Cognitive Decline, and Substance Abuse: Addressing the Impaired Physician,” Memorial Hermann Southwest Hospital Medical Staff Conference (November 12, 2016)
- Co-Host and Presenter, “2015 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secret, Non-Compete, and Computer Fraud Law,” Webinar, presented by Seyfarth Shaw LLP (January 29, 2016)
- Keynote Speaker, “Obtaining Medical Records in Criminal Defense Cases,” Montgomery County Bar Association CLE (Nov. 19, 2015)
- Faculty Member, Legal Aspects of Physician Practice and How to Best Prevent, Prepare for, and Ultimately Address Professional Liability Litigation, 2015 American Congress of Gynecology and Texas Association of Obstetricians and Gynecologists Annual Conference (October 3, 2015)
- Keynote Speaker, "The Privileges and Immunities of Peer Review: How to Properly Conduct Medical Staff Credentialing While Maintaining Physician Due Process," Texas Society of Medical Staff Specialists (April 22, 2014)
- Keynote Speaker, "Age, Cognitive Loss, and Sobriety: Addressing the Impaired Physician," Texas Society of Medical Staff Specialists Annual Conference (April 16, 2015)
- Co-Presenter, “Obtaining Medical Records in Family Law Cases," Houston Bar Association Family Law Section (April 1, 2015)
- Co-Presenter, "The Privileges and Immunities of Peer Review: How to Properly Conduct Medical Staff Credentialing While Maintaining Physician Due Process," Houston Bar Association Health Law Section (March 5, 2014)
- Keynote Speaker, "Addressing the Impaired Physician," before the Valley Regional Medical Center Medical Staff (February 20, 2014)
- Keynote Speaker, "Legal Protections for Medical Staff Leadership," Memorial Hermann Memorial City Medical Center Medical Executive Leadership Retreat (February 1, 2014)
- Keynote Speaker, "New Healthcare Laws, The Fair Hearing Process, and The Legal Ramifications of Negligent Credentialing," Greater Houston Society of Medical Staff Specialists (August 2, 2013)
- Course Speaker, “Life, Death & Some Things In Between: Medical Jurisprudence” Baylor College of Medicine - Medical Jurisprudence Course (December 14, 2012)
- Co-Presenter, "Impairment, Cognitive Loss, Sobriety," Texas Hospital Association Hospital Physician Executives Constituency Meeting (September 7, 2012)
- Co-Presenter, "Medicare: The Payer of Last Resort," Waco Risk Management Conference (June 20, 2012)
- Keynote Speaker, "Privileges and Immunities In Medical Peer Review," Trustees, Board of Directors and Medical Executive Leadership Conference, Valley Regional Medical Center, Brownsville Texas (June 11, 2012)
- Keynote Speaker, “Legal Aspects of Peer Review and Credentialing,” Texas Society for Medical Services Specialists (April 20, 2012)
Media Mentions
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Media Mentions
- Quoted, "FTC noncompete ban blocked: What businesses should know," TechTarget (August 21, 2024)
- Quoted, "Businesses left in legal limbo with FTC noncompete ban," TechTarget (July 12, 2024)
- Quoted, "Judge delays ban on noncompete agreements for small number of employers," CNN (July 3, 2024)
- Featured, "Health Law Disruption: Cybersecurity & Emerging Data Risks," American Health Law Association (July 14, 2022)
- Trading Secrets Blog post from June 22, 2018 Referenced in Law 360 article, "Texas Verdict Could Be Bellwether For Trade Secrets Litigation" (January 31, 2020)
Kudos
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Kudos
Jesse has been recognized by in-house counsel as a BTI M&A Client Service All-Star for being a lawyer who "consistently delivers outstanding service" and for "looking ahead and anticipating any upcoming issues or needs we may have." —BTI Consulting Group