Nonprofit Basics: Document Retention Policies and Subpoenas, and a Conversation With Aviva Gilbert on Why Good Policies Matter
A judge just dismissed a safety claim being prosecuted by North Carolina workplace safety officials after it was revealed at trial that NC OSHA inspectors had been shredding handwritten notes and other documents from their...more
In December 2019, the UK Information Commissioner’s Office (ICO) imposed a fine of £275,000 on Doorstep Dispensaree Limited (DDL) for multiple contraventions of the GDPR. On December 9 2024, five years on and three judgments...more
Ready for more case law discussion? You’ll be thankful for the cases we’re discussing in our November 2024 monthly webinar of cases covered by the eDiscovery Today blog! During the webinar we will discuss disputes related to...more
I have never heard of a “destruction/unavailable” log; however, in the comprehensive – indeed, exhaustive – decision of Leprino Foods Co. v. Avani Outpatient Surgical Center, Inc., 2024 WL 4488711 (C.D. Ca. Sep. 30, 2024),...more
On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more
On June 13, 2024, the Justice Department announced arrests in what it called the nation’s first criminal case against digital health company executives over allegations that those executives caused illegal prescriptions for...more
In a recently published opinion, Hacker v. Fabe, 92 Cal. App. 5th1267 (2023), the California Court of Appeal found that an LLC owner’s destruction of the company’s records was a substantial factor that subjected him to...more
If a law requires you to do something, it's a good idea to assume that you don't have an unlimited amount of time to do it—after all, an obligation without a time limit isn't really an obligation. A well-written law will...more
Providers oftentimes ask how long they need to retain certain types of medical information. While there are some general rules regarding the timeframes for retaining medical information, the specific answer varies depending...more
Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this Nonprofit Basics episode, Cynthia Rowland and Aviva Gilbert cover record retention policies, document destruction schedules, and why they matter. You may have...more
It’s a cold, hard fact that hackers don’t really care about their victims or their victims’ data or business. They are greedy, evil human beings that just want the money....more
Ephemeral messaging applications are considered solutions for data protection and privacy concerns (Blink, And I’m Gone: E-Discovery Challenges and Considerations With Ephemeral Messaging). However, courts are wary of...more
On November 5, 2021, Cook County’s HIPAA Qualified Protective Order (“QPO”) was considerably reconstructed in light of the Illinois Supreme Court’s decision in Haage v. Zavala, 2021 IL 125918. Illinois litigators were...more
USCIS announced that on May 14, 2021, it will dispose of 10 years of records dated on or before December 31, 2010, from its Historic Records Report. Employers that use E-Verify have until May 14, 2021, to download case...more
In the first prosecution of its kind brought by the Financial Conduct Authority (FCA), Konstantin Vishnyak has been acquitted by a jury at Southwark Crown Court of one count of destruction of documents under the Financial...more
In a decision applauded by citizens of the City of Chicago and its leadership, the Illinois Supreme Court found that a provision in the collective bargaining agreement between the Fraternal Order of Police, Chicago Lodge No....more
The following are intended to be helpful tips to assist you in clearing some clutter while we have some time at home....more
What can be done when a document or instrument has been lost or destroyed? California Civil Code Section 3415 provides an answer...more
In Part 2 of our series on health care investigations, Mark Rush and John Lawrence continue the discussion on internal investigations. Specifically, the episode walks through how to conduct an internal investigation,...more
On Thursday, August 30, 2018, the Jacksonville Chapter of ACEDS held a panel discussion on “Data Destruction Minefields and Defensibility” at GuideWell Source. The panel, moderated by ACEDS Jax Board Member, Serena Selzer,...more
On July 17, 2018, the Securities and Exchange Commission (“SEC”) announced a settlement with a New York-based broker-dealer over allegations that the broker-dealer failed to preserve records requested by the SEC and...more
The SEC staff issued an April 12 letter addressing broker-dealer contracts with third-party recordkeeping service providers under which the service provider can delete or discard records of a broker-dealer who fails to pay...more
Every minute of every workday, multinational employers rely on sophisticated HR information technologies to manage their global workforces. Laws worldwide regulate information technology, and so multinationals must comply,...more
Yesterday, DHHS’s Office for Civil Rights (OCR) announced a $100,000 settlement with a dissolved medical records moving and storage company in Illinois. This is another example of OCR bringing enforcement actions against a...more
In Gomez v. Cabatic, the New York Appellate Division, Second Department, affirmed the imposition of punitive damages in a medical malpractice case based on the defendant’s destruction of documents in an effort to avoid...more