Internet of Things and Smart Homes -
With about two billion do-this, do-that and do-the-other gadgets gaining space in big-box stores and online shopping carts – and another seven billion expected to flood the market by...more
Gadgets with Bluetooth technology, USB ports and wireless capabilities flood the market. Such specialized products adjust air-conditioners, play music and turn on lights. They also can tell whether a particular room in the...more
Herding Warrior Cats -
Federal Rules were last updated in 2016 and the changes were thought to be significant. Welcomed by some and scorned by others, those changes are still being evaluated and applied by judges across...more
Who protects the elderly citizen?
A recent article in Law360 suggested that nursing home claims may rise in the wake of Hurricane Irma and the Hollywood Hills Nursing Home tragedy.
The article seemed to downplay the...more
10/10/2017
/ Bodily Injury ,
Elder Care ,
Elder Issues ,
Florida ,
Health Care Providers ,
Hurricane Irma ,
Long Term Care Facilities ,
Long-Term Care ,
Negligence ,
Nursing Homes ,
Patient Rights ,
Skilled Nursing Facility
We are all tired of hearing about Hurricane Irma, but I am afraid we have only just begun.
I worked for the insurance industry, adjusting a variety of claims, for over 16 years and handled thousands of property damage...more
“But, your honor, we conducted a search and collection from all sources we deemed appropriate and where we believed responsive and relevant information was located…I mean, honest judge.”...more
Who is to blame for a “document dump” – a “snow storm” – an obfuscation of information? Sometimes its intentional and sometimes it is not.
Everyone – both plaintiff and defendant; both teams of lawyers. Requesters are...more
When you read what I just read, you will have to ask yourself: why is my legislator in favor of House Resolution 1215 (HR 1215)?...more
The House of Representatives is trying once again to get HR 1215 out and into the Senate to make it the law of the land.
This is a really bad law that takes away rights of Americans....more
Children and the elderly are most often hurt in avoidable accidents in and around the home.
The US Consumer Product Safety Commission (CPSC) reports that about 1.4 million Americans age 65 years and older are treated in...more
Do you remember the good ol’ days of flying when there was a semblance of regulation over the airline industry?
Customer service back then was a reality. Seating space fit for humans actually existed on planes. There...more
According to a bill pending in the House of representatives, class actions are bad for you and multi-district litigation is not your friend. HR 985 is an example of our legislators acting out of complete ignorance or an...more
As a part of the recent speed racing bills through Congress, they have put up HR 1215. Quite erroneously, they have titled it: “Protecting Access to Care Act of 2017”.
A read of the act’s text quickly tells any objective...more
What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day?
What is the third leading cause of death in America?
Isn’t it one of the responsibilities of the US Congress to...more
Industry Uses Old Strategies on New Products -
Electronic cigarettes have boomed into a $5-billion-a-year business expected to expand by nearly 25 percent in 2018. Not surprisingly, Big Tobacco is clamoring to corner the...more
It seems when Congress tries to pass a law taking away peoples’ rights they tack on a title that sounds like they are just trying to “tidy up” or do us a favor.
Such is the result of House bill H.R. 985, which they have...more
Coca-Cola has been called out in California for deceptively advertising is sugar-saturated sodas so it can sell more of them.
A 39-page lawsuit filed in San Francisco makes 13 claims against the iconic beverage brand...more
I still remember typewriters.
Heck, I still remember carbon paper, mimeographs and bag phones.
Would a company, “back in the day”, have ever asked an employee, “hey, we need you to bring your own typewriter, desk,...more
1/6/2017
/ Bring Your Own Device (BYOD) ,
Cell Phones ,
Cloud Computing ,
Confidential Information ,
Confidentiality Agreements ,
Data Security ,
Discovery ,
Duty to Preserve ,
Electronically Stored Information ,
FRCP 26 ,
FRCP 37(e) ,
Information Governance ,
Laptop Computers ,
Privacy Concerns ,
Risk Management
The Sedona Conference has a slogan: “Moving the law forward in a reasoned and just way”. That slogan is exactly the way I have described this impressive organization and what do....more
12/8/2016
/ Discovery ,
Discovery Disputes ,
Electronically Stored Information ,
Federal Rules of Civil Procedure ,
FRCP 26 ,
Legal Project Management ,
Policies and Procedures ,
Privilege Logs ,
Proportionality ,
Technology-Assisted Review ,
Verification Requirements
American banks maintain many levels of protection against fraud. Institutions accurately and quickly can detect suspicious account activity, credit-card charges and funds transfers. But it seems the sophisticated software...more
What’s in a name? According to a trio of plaintiffs who in June 2016 sued cereal maker Post, a lot more than Shakespeare’s Juliet would have Romeo believe....more
I want “all natural” in everything I consume. Why? Because it is better for you. Right?
What does natural mean to us? “Unaffected”, “genuine”, “native” “natural”. All clean feeling words that provide the impression that...more
Report calls for a stop to death and injuries — 11 deaths and over 100 injuries -
The “largest and most complex safety recall in U.S. history,” according to the National Highway Traffic Safety Administration, took...more
NHTSA Calls Controversy ‘Largest and Most Complex Safety Recall in U.S. History’ -
The consumer-safety threat posed by defective airbags in millions of vehicles worldwide has escalated again....more
Bicycling is a breeze. Wind in your hair, sun on your shoulders, therapy for your mind and exercise for your body. Whether you pedal along the beach, around a lake or in a park, your summertime ritual surely will be fun....more