Elizabeth S. Balfour

Partner
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Elizabeth Balfour

Overview

Elizabeth Balfour advises clients in high-stakes disputes, regulatory challenges and risk management matters across the healthcare, technology and franchise sectors. A versatile litigator and trusted counselor, she represents healthcare and businesses entities in litigation, regulatory investigations and compliance matters and in developing effective information governance strategies.

Healthcare

In her healthcare practice, Elizabeth advises digital health companies on corporate practice of medicine laws, and represents payors and providers, including public hospitals, federally qualified health centers (FQHCs) and Programs of All-Inclusive Care for the Elderly (PACE) on compliance with the Stark Law, the Anti-kickback statute, HIPAA and state regulatory requirements. She also litigates administrative proceedings before state and federal agencies, including the California Department of Public Health, the California Department of Managed Health Care, the U.S. Department of Health and Human Services Office of the Inspector General and Office for Civil Rights, and the Centers for Medicare and Medicaid Services.

Franchise Litigation

Franchisors and franchisees turn to Elizabeth for representation in connection with navigating terminations and transfers of franchises, and franchise agreement disputes.

Commercial Litigation

Technology companies, professional services firms, real estate brokerage firms and other businesses rely on Elizabeth for buy-sell disputes, breach of fiduciary duty cases and securities and commercial disputes, including shareholder derivative claims, class actions and SEC enforcement actions. She also counsels clients on risk management, including insurance coverage, corporate governance and conflict of interest matters.

Information Governance

Elizabeth leads information governance initiatives, developing record retention programs and strategies for protecting data privacy, maintaining role-based access controls and promoting efficient management of data.

Community

Community service is central to Elizabeth’s professional life. She serves on the board of the Center for Employment Opportunities, represents pro bono clients in asylum cases and volunteers for various nonprofit organizations alongside her husband and two children.

Experience

Representative Matters

Franchise and Securities Litigation

  • Represented a former officer of a publicly traded pharmaceutical company in relation to the Board of Directors Special Litigation Committee’s investigation of allegations in a derivative shareholder suit in Delaware Chancery Court.
  • Represented a footwear company in a derivative lawsuit brought by a shareholder alleging breach of fiduciary duty. Obtained a favorable settlement.
  • Represented a national bank in an action brought by franchisees of a tax preparation service in which plaintiffs asserted unfair business practices and sought to certify a nationwide class. Obtained a complete dismissal of the action before any discovery had occurred.
  • Represented a biologics company in a dispute involving indemnification for a third-party claim. Obtained a favorable resolution after litigation was initiated.
  • Represented national franchisor in litigation filed by a franchise group regarding franchise agreement compliance. Obtained complete dismissal of all claims.
  • Won a two-week trial on behalf of a home health and hospice franchisee.
  • Represented a national weight loss franchisor in a class action lawsuit alleging unfair business practices and misrepresentation. Defeated motion for class certification and negotiated a class-wide settlement involving minimal payments to the two named plaintiffs and a coupon offer for company product to any other putative class-members.

Healthcare

  • Represented a healthcare provider in a contractual dispute with its former management services company. Negotiated a resolution that facilitated the sale of the healthcare provider.
  • Represented a medical group in an investigation initiated by the Department of Health and Human Services Office for Civil Rights.
  • Represented a California municipal hospital in the role of outside General Counsel in relation to contracting, governance, joint ventures and strategic alliances, fraud and abuse and Stark compliance, litigation oversight, HIPAA and state privacy law, public bond financing and Brown Act compliance.
  • Representing a California district hospital in relation to state and federal healthcare regulatory matters, HIPAA compliance, and OCR reporting and internal investigations.
Credentials
Clerkships

Served for one year as Law Clerk to the Honorable Marilyn L. Huff, Chief Judge of the U.S. District Court for the Southern District of California

Education

J.D., Harvard University, 1999, cum laude

B.A., Yale University, 1996, magna cum laude

Admissions

California

United States District Court for the Southern District of California

United States District Court for the Central District of California

Honors

2023 Distinguished Pro Bono Attorney of the Year, Casa Cornelia Law Center

2022 Bob Gerber Pro Bono Award, Sheppard Mullin

2021-2026, Recognized for Commercial Litigation, Best Lawyers

2017 Recognized as BTI Client Service All-Star

2016 Recipient of YWCA of San Diego’s TWIN (Tribute to Women in Industry) Award

AV® Rated, Martindale-Hubbell®

2014 Rated one of the Top Lawyers in Healthcare by San Diego Magazine

Memberships

Board of Directors, Center for Employment Opportunities

Advisory Board Member, Genesis International Orphanage Foundation

Advisory Board Member, Girls on the Run San Diego

Served on the Judicial Evaluation Committee of the San Diego County Bar Association (2011-2012)

Vice President and Secretary, Board of Directors of the San Diego County Bar Association (2008 - 2010)

Board Member, Legal Aid Society of San Diego (2008 - 2010)

Co-Chair, Children at Risk Committee of the San Diego County Bar Association (2004 - 2006)

Fundraising Chair, Women's Resource Fair Task Force

Member, American Bar Association

Member, Federal Bar Association

Member, California Women Lawyers

Member, Lawyers Club of San Diego

Thought Leadership

"AI and the Future of Legal Practice: Perspectives from In-House and Outside Counsel," The Harvard Law School Association of San Deigo, February 20, 2025

"Civility in the Legal Profession: Why Civility Makes Good Business Sense,” Lunchtime CLE with the ACC San Diego Chapter, June 6, 2024

Top 5 Priorities for Getting Your Privacy House in Order in 2022,” Association of Corporate Counsel, April 26, 2022

"If Your Clients Don’t Have a Document Retention Policy, They Will Need One Under the CPRA," San Diego County Bar Association, August 23, 2021

"Covid & Our Courts: Responses, Challenges, and Access to Justice," YCSD Alumni Perspectives, Virtual Event, December 2, 2020

"COVID-19 and Commercial Contracts – Can we get out of theirs? Can they get out of ours?" Association of Corporate Counsel, San Diego Chapter, April 9, 2020

"Plugging Into the Internet of Things: Demystifying the Regulatory Landscape," Association of Corporate Counsel, San Diego Chapter, March 19, 2019