Science, Computers & Technology Health Electronic Discovery

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Hacking Your Health: For Healthcare Providers, Risk Analysis Must Be Ongoing

Healthcare providers would be wise to keep in mind that if a patient is harmed by a hacked medical device, Exhibit A in the negligence suit against them may be that provider’s risk analysis, or lack thereof....more

FDA Issues Unprecedented Alert Over Medical Device Cyber Security Risk

A fictional cyber-terrorist weaponizing a medical device by hacking into it has become a familiar plot premise in recent Hollywood dramas.  Unfortunately, the risk of harm from medical device hacking has now become an...more

Proposed class action case filed against Medical Informatics Engineering

Medical Informatics Engineering, Inc., an electronic medical record service provider, recently disclosed a data breach affecting approximately 4 million individuals. Within days of the disclosure, Medical Informatics was hit...more

NIST releases draft guide for use of mobile devices for medical providers

The National Institute of Standards and Technology (NIST) cybersecurity center released a draft guide last week for health IT professionals to use to bolster security for the use of mobile devices in the health care industry....more

Connecticut Imposes New Data Security Obligations

New law will require consumer breach notice within 90 days, identity theft protection for consumers,“kill switch” for smartphones, and implementation of data security programs for certain health providers, state agencies and...more

Connecticut to Tighten Data Privacy Requirements

On June 1, 2015, the Connecticut Legislature passed S.B. 949, a comprehensive data privacy and security bill that tightens the state’s data breach response requirements and imposes new obligations on state contractors and the...more

Blog: Class Action Following Health Information Data Breach

As we discussed in our previous post, Premera Blue Cross (Premera) recently revealed that it suffered a massive data breach potentially exposing the personal data of 11 million customers. ...more

Audit Trails: Pitfalls of Electronic Medical Records, Part III

I do not profess to be an expert in the complexities of metadata in an electronic medical record (EMR). In simple terms, it is analogous to leaving footprints in the sand; although these do not wash away with high tide. In...more

Two Tips for Inventors Filing Patent Applications [Video]

The intense patent activity in graphene stems from its enormous technological and commercial potential. But because much of the territory underlying the graphene cross-roads has already been claimed, patenting graphene poses...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

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

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

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