Erica Holzer, an attorney in Maslon's Litigation Group, was quoted in a September 13, 2018, Fox Business article titled, "Could Apple's new FDA-approved watch spark litigation?" The article discusses the new Series 4 smartwatch Apple unveiled on Wednesday, September 12 and some attorneys' predictions that the watch's FDA approval would result in a flood of privacy and product liability litigation.
For instance, one attorney stated he thought the watch's FDA approval would put Apple in “crossfire” with the Health Insurance Portability and Accountability Act (HIPAA). But Erica stated she did not necessarily subscribe to the doom-and-gloom predictions about the flood of potential litigation involving HIPAA. In the article, Erica states, “The fact that the technology is approved by the FDA, without more, doesn't necessarily change Apple's obligations under laws like HIPAA.” Erica explained, “What matters is how and to whom protected health information is transmitted. Apple is a sophisticated company that understands how to treat protected health information.” Erica stated her “bigger concern would be smaller app developers looking to break into this space, but who may not have laws like HIPAA on their radar.”
To read the full article, go to: Fox Business, "Could Apple's new FDA-approved watch spark litigation?"
Erica represents clients in complex commercial disputes primarily in the areas of tort and product liability, consumer fraud, business torts, and breach of contract actions. Her product liability defense work spans many industries, with particular experience in FDA-approved medical devices, representing a major medical device manufacturer in federal and state courts throughout the country. Erica has also developed specialized experience providing advice and compliance support to government contractors and companies on public law issues, particularly state and federal open records laws, including the Minnesota Government Data Practices Act and the federal Freedom of Information Act. In addition, she is an experienced appellate attorney and has authored, co-authored, and edited dozens of appellate briefs—and is frequently sought out to provide advice on appeals in the Eighth Circuit and the appellate courts of Minnesota. Erica was selected as the 2017-2018 outstanding new lawyer of the year by the Minnesota State Bar Association New Lawyer's Section.