Robert A. Stern

Robert is a partner in the New York office of Morrison Mahoney and the lead of our health care insurance fraud practice group. He has concentrated in insurance fraud law for over 25 years, helping create new law and theories of recovery for our clients.  Robert assists and advises insurers in detecting, deterring, preventing and prosecuting medical mills formed to exploit NY State and other state No-Fault laws, having successfully represented insurers in scores of affirmative recovery actions (including under RICO), filed in federal and state courts, to recoup money paid to medical clinics and healthcare providers that allegedly operated under illegal corporate structures, were fraudulently incorporated, engaged in illegal self-referral and kickback schemes, billed for medical services that were not provided as billed and the performance of unnecessary diagnostic testing and treatment. In addition, Robert provides advisory services with respect to insurance fraud related issues; assists in the development of insurance fraud programs that comply with applicable laws and regulations; provides clients with coverage opinions and prepares responses to regulatory inquiries and administrative actions. He has also author and co-authored numerous articles on insurance fraud; spoken on a variety of insurance fraud issues at international, national and regional insurance fraud conferences; participated in insurance fraud workshops; trained federal and state law enforcement agencies, insurance claims and investigative personnel and has been invited to speak before a number of insurance focus groups, roundtable gatherings, blue-ribbon panels and executive meetings. Robert has been counsel to the New York Alliance Against Insurance Fraud since its formation. Additionally, Robert represents the firm’s clients in connection with first-party and third-party fraudulent bodily injury claims, auto theft, arson, life and health insurance fraud, staged accidents and staged theft loses, insurance coverage litigation, first- and third-party bad faith litigation and complex litigation.

Robert is also a member of the firm’s Cybersecurity, Data Protection and Privacy Team. His practices focuses on cybersecurity, privacy and data protection, providing advisory services relating to compliance with federal, state and International laws (e.g., HIPAA, HITECH, GLBA, COPPA, FTCA, GDPR, CCPA, NY State SHIELD ACT and DFS Cybersecurity Regulation); development of best practices, policies and standards to help ensure compliance with applicable federal and state laws and regulations; creation of written information security programs, data breach incident response plans, data security policies, third-party vendor agreements and employee and senior executive level cybersecurity and data protection training;  navigation of applicable federal and state breach notification laws; corporate governance and integrity policies relating to the development and implementation of cybersecurity and data protection programs, as well as services relating to cyber incident prevention, detection, mitigation, remediation and responses to administrative enforcement inquiries and actions resulting from cyber-events.

REPRESENTATIVE EXPERIENCE

• Representation of a large medical professional liability insurer in the drafting of HIPAA compliant business associate and downstream agreements between relating to the safeguarding of PHI.
• Representation of New York State’s largest commercial auto insurer in the development of NY DFS cybersecurity regulation complaint standards, policies, procedures and guidelines.
• Representation of the largest not-for-profit anti-insurance fraud association in New York State in connection with cybersecurity issues, including compliance with the New York SHEILD Act and creation of privacy policies.
• Represented and advised business client of legal defenses and remedies available after being defrauded of six-figures in telephone charges by a hacker over a VOIP network.
• Representation of numerous clients in connection with due diligence review of corporate governance issues relating to C-Suite executives and board of directors, drafting of third-party vendor agreements, and conducting of regulatory compliant cybersecurity employee training for P&C and life insurers.