Overview
Michael D. Sutton is an associate in the Corporate Practice Group in the firm's Dallas office. He is a member of the Digital Health Team and the lead associate for the Health-e Law podcast.
Healthcare Privacy, Digital Health, & Data Usage
Michael takes on the most cutting edge and disruptive areas of practice, blending healthcare, technology, and legal compliance into his daily workload. In particular, Michael focuses on HIPAA and privacy related regulations and their interplay with technological developments both inside and outside of the healthcare and consumer spaces. Similarly, Michael is well versed in negotiations centered on data usage and derivative ownership rights. He maintains significant experience in guiding clients seeking to market or integrate technological innovations, such as ordering and support platforms, remote patient monitoring tools, electronic medical record systems, artificial intelligence, and other offerings centered on collecting, storing, and transmitting patient data to support care, reimbursement, and related activities.
Michael supports clients as they navigate a complex web of emerging regulations in the digital healthcare space, tackling artificial intelligence, webtracking, information blocking, offshoring, de-identification, and other next-gen workstreams. He has managed investigations, worked to resolve active breach incidents, and advised clients regarding a range of healthcare privacy and technology oriented matters. Michael also supports clients in developing compliant and innovative approaches to navigating HIPAA and other healthcare privacy laws to ensure client objectives are achieved in alignment with all legal and regulatory requirements.
Healthcare Regulatory Compliance & Operations
Michael provides comprehensive healthcare regulatory services in support of a range of healthcare industry participants, such as investors, managed care organizations, health plans, medical groups, hospitals, long-term care facilities and operators, medical device retailers, among others. In particular, Michael has tackled operational and contractual negotiations, licensing and compliance, fraud and abuse considerations, and numerous other healthcare regulatory matters. He also enjoys significant drafting and negotiating experience specific to provider and payor contracts, including arrangements with risk-based, performance-based, and value-based components. Michael also assists with regulatory due diligence in transactions, covering everything from mergers and acquisitions to service relationships.
Transactions & Negotiations
Beyond the operational space, Michael supports a range of transactions, including acquisitions of or investments in tech companies, healthcare providers, and related systems. Michael also guides negotiations related to software and service relationships, particularly within the healthcare space. He also works to identify areas of vulnerability in targets and to establish creative solutions to address them.
Education & Background
Michael earned his J.D. from the University of Arkansas School of Law, where he graduated first in his class. He served as articles editor for the Arkansas Law Review, was a Charles Thomas Pearson Fellow, and was a member of the Board of Advocates, Military Law Society and Business Law Society. He received a B.A. in History from Ouachita Baptist University.
Before attending law school, Michael served as a military police officer in the U.S. Air Force Reserve, performing installation security activities, law enforcement, and weapons training. He also supported Operation Key Resolve in South Korea.
Honors
Honors
Texas Rising Star, Super Lawyers, 2023-2024
Insights
Articles
Healthcare Law Blog Posts
- "The State of Reproductive Healthcare Privacy," June 30, 2025
- "Takeaways from the America’s Physician Groups’ Spring Conference: Turbulent Times Call for Change and Innovation," May 28, 2025
- "Healthy AI: 2024 Year in Review," January 8, 2025
- "New York Adopts Comprehensive Hospital Cybersecurity Requirements," January 6, 2025
- "HHS’ Last-Minute Holiday Gift: Proposed Changes to the HIPAA Security Rule," January 6, 2025
- "Texas Considers Comprehensive AI Bill," December 30, 2024
- "Navigating Gainsharing Pitfalls in Value-Based Models," December 26, 2024
- "Texas AG Targets Data Use Under New Privacy Law," December 23, 2024
- "California Limits Health Plan Use of AI in Utilization Management," November 7, 2024
- "Healthcare Needs More Hackers: A Discussion with Ilona Cohen," October 2, 2024
- "CMS Releases First Annual Evaluation Report for Kidney Care Choices Model," September 30, 2024
- "Do You Catch Our Drift? Navigating the Waters of Offshoring and Patient Data," August 8, 2024
- "Assessing Data Assets in Healthcare: A Discussion with Arti Bedi Pullins," July 16, 2024
- "Remote Patient Monitoring Innovating Health Tech: A Discussion with Dr. Vipul Kella," June 3, 2024
- "FemTech Meets DiagnosTech: A Discussion with Deirdre O’Neill," April 29, 2024
- "Gamification – Playing for Health: A Discussion with Craig Lund," April 23, 2024
- "CMS Issues CY2025 Medicare Advantage and Part D Final Rule," April 15, 2024
- "HHS Announces 42 Part 2 Final Rule to Align with HIPAA," March 14, 2024
- "District Court Elucidates the Meaning of “to Induce” Under the Federal Health Care Program Anti-Kickback Statute," February 28, 2024
- "Digital Health to the Rescue – Improving Access to Specialized Care: A Discussion with Viveka Rydell-Anderson," January 16, 2024
- "AI as an Aid – Emerging Uses in Healthcare: A Discussion with Jim Gatto," January 8, 2024
- "In Tech We Trust? The Case for Transparency: A Discussion with Dr. Laura Tully," December 21, 2023
- "Health-e Law Launches: New Podcast Covers Health-Tech and Law," December 8, 2023
- "CMS Promotes Competition, Transparency, Health Equity and More in the CY2025 Medicare Advantage and Part D Proposed Rule," November 13, 2023
- "At a Glance: Legal Efforts to Limit Discrimination Through AI," October 20, 2023
- "California Moves to Protect Medical Information Collected Through Reproductive and Sexual Health Applications," October 3, 2023
- "Texas Joins States Limiting Use and Disclosure of Genetic Data," July 31, 2023
- "FTC Proposes Changes to Health Breach Notification Rule Clarifying Application to Health and Wellness Apps," June 29, 2023
- "State Attorneys General Pen Letter to OCR Advocating for Greater Privacy Protection of Reproductive Health Care Information," June 27, 2023
- "Florida Bans Offshoring of Certain Patient Information," May 25, 2023
- "Texas is Making Moves on a Comprehensive Consumer Privacy Law," May 25, 2023
- "CMS’s Administrative Simplification Rule Aims to Increase Efficiency and Standardization for Health Care Attachments," March 7, 2023
- "Telehealth in a Post-PHE World," March 3, 2023
- "ICYMI: HIPAA and Social Media IRL," February 8, 2023
- "Key Healthcare Provisions of the Consolidated Appropriations Act, 2023," January 6, 2023
- "Proposal to Overhaul Privacy Law Governing Substance Use Disorder Treatment Records," December 2, 2022
- "Office of Civil Rights Publishes Guidance on Use of Audio-Only Telehealth Services," June 20, 2022
Privacy & Cybersecurity: Eye on Privacy Blog Posts
- "Out in the Open: HHS’s New AI Transparency Rule," March 21, 2024
- "Don’t Forget Deception: FTC and Biometrics," June 13, 2023
Media Mentions
Memberships
Memberships
American Bar Association
Arkansas Bar Association
Dallas Bar Association - Health Law Section
Dallas Association of Young Lawyers
Texas Bar Association - Health Law Section
American Health Law Association
Health Care Compliance Association
International Association of Privacy Professionals
Digital Media
Digital Media
Industries
Education
J.D., University of Arkansas School of Law, 2015, summa cum laude
B.A., Ouachita Baptist University, 2012, magna cum laude
Admissions
- Arkansas
- Texas