Tara Emory, PMP

November 17, 2014

HIPAA Violations May Result in Private Right of Action under State Law – and why every company should care

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.[1] 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 15, 2014

Litigation Ready, Set, Go! -Creating Your Litigation Readiness Plan

How much will discovery cost your company?  Large cases frequently run into the millions of dollars, especially when companies are not prepared to respond efficiently.  Come and learn how to ensure your company is not caught off guard.  We will discuss how you can decrease discovery costs and the risks of sanctions by analyzing your data sources and structure, creating repeatable discovery processes, and creating protocols to actively manage your discovery costs.
September 10, 2014

The End of the Privilege Log as We Know It?

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 19, 2014

Bad e-Discovery Habit # 5: Failing to Kick the Tires

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.