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Author Archives: Correy Stephenson

On HIPAA, government stops collaboration, steps up enforcement

File photo by Patrick Sweeney.

Boxes of medical records left on the curb. A stolen thumb drive. Patient information available on the Internet. What do these actions have in common? Violations of the Health Insurance and Portability Accountability Act (HIPAA)’s Privacy and Security Rules, costing ...

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New IRS rule poses trap for lawyers and their clients

Internal Revenue Service building in Washington, D.C. File Photo.

Taxes remain one of the certainties in life but a new interpretation by the Internal Revenue Service could have clients – and lawyers – paying even more if they aren’t careful. For years, taxpayers have had the luxury of conducting ...

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Hot topics in electronic discovery

Ever-evolving and constantly growing, electronic discovery presents a variety of challenges for litigators. In addition to the rise of computer-assisted review, attorneys are struggling with three other concerns related to electronically stored information, or ESI: defensible deletion, cost-shifting and the ...

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New HIPAA rule means big changes for doctors, hospitals

St. Luke's is accused of trying to create a monopoly in the Treasure Valley that would increase health care prices and drive competitors out of business, according to a federal civil lawsuit from Saint Alphonsus and Treasure Valley Hospital. File Photo.

Doctors, hospitals, other medical providers and companies who do business with them are facing big changes as a result of new HIPAA regulations. The new rule will keep lawyers busy counseling entities covered by the Health Insurance Portability and Accountability ...

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Department of Justice settlement over food allergy sets the table for future actions

Does a food allergy constitute a disability under the Americans with Disabilities Act? According to a recent settlement between Lesley University and the Department of Justice, the answer is: It depends. The DOJ alleges that the private university in Cambridge, ...

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Computer-assisted review becomes more popular

Less than one year after a federal court judge issued a seminal electronic discovery decision blessing the use of computer-assisted review, the technology is already appearing in courts across the country. In late February of last year, U.S. Magistrate Judge ...

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Poll: Respondents favor individuals over insurers in lawsuits

More than half of the respondents in a recent poll said they would favor an individual in a lawsuit against an insurance company, according to the Defense Research Institute. DRI conducted a national telephone survey to assess how insurance companies ...

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Ownership of digital assets is a concern for estate planners

So much of an individual’s life now appears online, including bills, Facebook accounts and photo-sharing websites. But what happens to those assets when a person dies? It should be standard practice for lawyers to advise clients to include digital assets ...

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First file-sharing defendant seeks high court reversal

After three separate verdicts and more than five years of litigation, file-sharing defendant Jammie Thomas-Rasset has appealed to the U.S. Supreme Court. Thomas-Rasset was the first target of the Recording Industry Association of America’s campaign against illegal downloaders to go ...

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EEOC seeks to limit social media discovery order

In another example of courts and litigants struggling with the boundaries of discoverability of social media, the Equal Employment Opportunity Commission has filed a motion seeking to limit a discovery order. In EEOC v. Original Honeybaked Ham Company of Georgia, ...

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