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Professional Malpractice Civil Procedure Electronic Discovery

Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:

The Wells Fargo PII Epic Fail – Chapter II

The law firm that inadvertently produced records containing personally-identifying information (“PII”) relating to 50,000 Wells Fargo customers in response to a third-party subpoena, which we first reported on, went before a...more

Court Sanctions Counsel for Not Disclosing Deleted Client Emails

by Zapproved LLC on

People v. Miller, No. 16PDJ067, 2017 BL 208514 (Colo. June 1, 2017). In a brief order, the Colorado Supreme Court fined and publicly censured attorney Randall Miller for failing to promptly disclose false evidence. During...more

High Noon at the Train Station: Social Media and Modern E-Discovery

by Exterro, Inc. on

Most people take time zones for granted these days, but it was this week in 1883 that railroad companies in both Canada and the United States started using four continental time zones. Until then, time was local, based on...more

Colorado Ethics Committee Issues New Guidance On The Use Of Social Media For Investigative Purposes

The Colorado Bar Association Ethics Committee recently clarified the ethical boundaries associated with attorney use of social media for litigation. Formal Opinion 127 (Opinion), issued in September 2015, addresses certain...more

EHR: Improving Care or Complicating Litigation?

by Sands Anderson PC on

Electronic Health Records (EHR) were generally promised to decrease costs and improve health-care outcomes. Setting aside whether those promises were well founded, EHR have posed new challenges for litigators. What makes...more

Oklahoma Legislature significantly expands peer review privilege

by McAfee & Taft on

Oklahoma’s peer review statute provides that peer review information is private, confidential, and privileged. It encourages health care professionals to police themselves by evaluating their peers. It also promotes the...more

Insurance Recovery Law -- November 2014

Payment of Costs Doesn’t Preclude Unfair Trade Practices Claim Against Insurer - Why it matters: In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair...more

Federal Court Blasts Hospital’s Kitchen Sink Privilege Claim

by Faegre Baker Daniels on

Lawyers for Chicago’s Mercy Hospital found that out Monday when a federal court ruled on their claim of peer review privilege for hundreds of documents sought by the plaintiff in a malpractice case. The court blasted the...more

YOU NEED TO FILE A MOTION FOR PROTECTIVE ORDER!!

by Katherine Gallo, Esq. on

Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each...more

"I Declare, It Is Necessary"

by Katherine Gallo, Esq. on

As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity pursuant to C.C.P. §2030.040 and C.C.P. §2033.040...more

Attorney Client Text Messages or Texting & Depositions Don’t Mix

by Joshua Gilliland on

During a remote video deposition, the defending attorney and the deponent had very busy hands texting each other. Were these text messages required to be produced to the opposing party?...more

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