November 17, 2014
The risk of liability just went way up for mishandling sensitive health information, and perhaps also other types of private information protected by federal statutes. On November 11, 2014, the Connecticut Supreme Court determined that HIPAA can created a standard for a private right of action under state law for a victim who had her protected health information wrongfully disclosed to a third party during discovery. Byrne v. Avery Center for Obstetrics and Gynecology, P.C. holds that the state court may look to HIPAA standards to determine the “standard of care” that should be applied in determining a state law negligence claim.
October 21, 2014
The legal services industry has witnessed astonishing growth and development in the past decade. At its heart, technology has reinvented discovery and driven an ever-evolving market for products serving eDiscovery, information governance and big data. However, technology in a vacuum without complementary organizational eDiscovery architecture is like a locked door without a key.
September 10, 2014
Anyone who has ever worked on a privilege log has probably suspected that there must be a better way to deal with privilege. There is … and it is finally gaining traction. Privilege logs may be one of the most wasteful parts of discovery. Costs are often high, as attorneys carefully consider for each privileged document what is the “right” description that is detailed enough to avoid challenge and yet does not betray the privileged information itself.
August 29, 2014
Earlier this month the California Court of Appeals issued an opinion that could weigh heavily on a company’s decision to have BYOD in California. In Cochran v. Schwan’s Home Service, the Court explained that “…when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them.
August 19, 2014
It would be inefficient if inside or outside counsel attempted to do all discovery tasks themselves. Yet, if something goes wrong, all counsel may be held accountable. As described in Bad Habit #4: Not Documenting the Whole Process, the standard for counsel’s own conduct and supervision of others is whether counsel made a reasonable inquiry into circumstances and reasonable efforts to comply with obligations. In other words, you must be able to show that you’ve kicked the tires.