Paul Hastings fights breach of privacy action

Paul Hastings Janofsky & Walker is being sued in the US by a former employee of one of its clients after revealing her medical records while litigating a workplace discrimination suit.

Caron Rakich has filed for breach-of-privacy against Paul Hastings claiming the firm humiliated her by attaching an insurance form to one of its court filings during a discovery dispute.

The claim, which is being vigorously defended by the law firm, does not elaborate on the medical information contained in the insurance document, but does name Paul Hastings and Rakich’s former employer, information storage company EMC Corp.

The complaint relates to an insurance document entered into court during a discovery argument over Rakich’s medical information during her original claim for emotional distress damages against EMC Corp.

Paul Hastings agreed to seal the document within days of its filing, following a request from Rakich’s lawyer San Francisco solo attorney Alden Knisbacher. But Rakich claims that even the document’s brief disclosure caused her embarrassment and humiliation.

Paul Hastings maintains that the “claim has no merit”.

In a statement the firm said that it, “at all times acted properly in its representation of EMC in that litigation. We expect the claim to be dismissed by the court in short order.”