Health Electronic Discovery

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Lessons From A Cautionary Tale of Electronic Discovery Pitfalls in Health Care Litigation

E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care...more

Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more

Weekly eDiscovery Top Story Digest - June 26, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

Data Management for Health Care Organizations: Is Your Head in the Sand? The Data Is Not There

It is virtually inevitable that health care companies will be called upon to preserve, collect, review and produce some portion of their electronic records. Health care companies face unique and complex challenges as they...more

Cost-Shifting Mandatory when Non-Party Subpoena Cost of Compliance is “Significant”

In United States v Blue Cross Blue Shield of Michigan, the U.S. Department of Justice (DOJ) filed suit against Blue Cross alleging violations of federal antitrust laws. The DOJ issued non-party subpoenas to two hospitals...more

Pro Te: Solutio

Topics Include: Costs and Burdens of Civil Discovery The Final Rule: FDA's Safety Reporting Requirements for Investigational New Drug Applications Mensing: Preemption or Not? Plantiffs' Creative Ways Around the...more

Costs Versus Quality In Electronic Discovery Document Reviews

Apple Founder Steve Jobs’ ‘s design philosophy was “Simplicity is the ultimate sophistication.” Beginning with interactions at Vanderbilt Law School with law professors and continuing with on campus and off campus interviews...more

Congress Hears Testimony Regarding E-Discovery

On December 13, 2011, Congress held a hearing to discuss the rising costs of civil discovery, labeled, “The Costs and Burdens of Civil Discovery.” The purpose of the hearing was to inform Congress about the progress the...more

E-Discovery Failures Can Eliminate Tennessee Civil Justice Act Damage Limitations

There are two fundamental takeaways from Tennessee’s recently enacted tort reform legislation from an e-discovery perspective. To ensure that the non-economic and punitive damage limits apply, organizations especially health...more

Analysis of Potential Rules Governing Electronic Discovery

On September 9, 2011, The Civil Rules Advisory Committee of the U.S. Judicial Conference met in Dallas to discuss changing the Federal Rules of Civil Procedure related to electronic discovery, preservation of electronic...more

Providing E-Discovery Clients WIth Value

Law firms and legal departments are not harnessing the power of predictive coding and analytical technologies that can create substantial value for their clients in e-discovery. Their economically unsustainable model is based...more

Managing Electronic Discovery Costs and Risks Through Effective Notification and Communication with Vendors and Subcontractors

Marc Jenkins will be presenting “Managing Electronic Discovery Costs and Risks Through Effective Notification and Communication with Vendors and Subcontractors” at the 2011 BlueCross BlueShield Association National Summit at...more

Memo on HHS's NPRM: HIPPA Privacy Rule Accounting of Disclosures and Access Reports

On May 31, 2011, the Department of Health and Human Services (“Department”) issued a Notice of Proposed Rulemaking (“NPRM”) as authorized by the HITECH Act of 2009. Primarily, the proposed changes...more

Elder Law & Long Term Care, Winter 2011

This newsletter covers Part Two of the inside look into the Lavender Trial: Did a Mathematic Fiction Result in $600+ Million Error? The Benefits of 'Inside/Outside' Counsel, E-discovery Hot Topics and a Legal Update....more

eDiscovery: The Light at the End of the Tunnel - And It's Not a Train

eDiscovery firms are now sought by IT for cloud storage, management, and preservation capabilities....more

New Texas Law Lowers Cost of Getting Hospital Records

In what should be good news for those of us who routinely request hospital records, a new Texas law goes into effect September 1, 2009. This amendment to the Health and Safety Code will limit the fee for medical reports...more

Cybersleuthing — Checking Your Company’s “Pulse” in the Land of Blogs/The Voice

This article discusses the benefits of setting up a system that monitors what is being said about your company in the blogosphere. It also discusses the pros and cons of employees blogging about their employers, with a...more

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