Hot topics in electronic discovery 
POSTED: Friday, May 3, 2013 at 03:12 PM PTBY: Correy Stephenson
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 use of clawback agreements. Here is a look at how these issues arise in cases [...]
New HIPAA rule means big changes for doctors, hospitals
POSTED: Wednesday, February 13, 2013 at 12:22 PM PTBY: Correy Stephenson
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 Act in the coming months, said Adam H. Greene, a partner in the Washington office [...]
Department of Justice settlement over food allergy sets the table for future actions
POSTED: Monday, February 11, 2013 at 03:27 PM PTBY: Correy Stephenson
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, Mass. discriminated against students suffering from celiac disease, a disorder that requires sufferers to avoid [...]
Computer-assisted review becomes more popular
POSTED: Wednesday, January 30, 2013 at 05:30 PM PTBY: Correy Stephenson
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 Andrew J. Peck was the first to issue a reported opinion in support of the [...]
Poll: Respondents favor individuals over insurers in lawsuits
POSTED: Monday, January 21, 2013 at 11:58 AM PTBY: Correy Stephenson
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 would fare against various demographics. Fifty-nine percent of all respondents said they would side with [...]
Ownership of digital assets is a concern for estate planners
POSTED: Friday, January 4, 2013 at 10:34 AM PTBY: Correy Stephenson
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 in their estate plans, said Gerry W. Beyer, an estate planning professor at Texas Tech [...]
First file-sharing defendant seeks high court reversal
POSTED: Wednesday, December 19, 2012 at 12:34 PM PTBY: Correy Stephenson
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 to trial. The RIAA alleged that Thomas-Rasset used file-sharing site Kazaa to download 24 songs [...]
EEOC seeks to limit social media discovery order
POSTED: Wednesday, December 12, 2012 at 10:25 AM PTBY: Correy Stephenson
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, the agency represents a class of 20 female plaintiffs alleging sexual harassment and retaliation against [...]
FTC releases consumer privacy guidance
POSTED: Monday, November 12, 2012 at 11:33 AM PTBY: Correy Stephenson
With the use of facial recognition technology on the rise, the Federal Trade Commission has released a report with recommendations on how companies can protect consumers’ privacy. “Facing Facts: Best Practices for Common Uses of Facial Recognition Technology” notes that the innovative technology is being used in a broad variety of contexts, from online social [...]
‘Swipe fee’ settlement faces objections from plaintiffs
POSTED: Friday, October 26, 2012 at 01:36 PM PTBY: Correy Stephenson
A proposed settlement between merchants and Visa, MasterCard and banks over “swipe fees” is facing an uphill battle after a majority of the named plaintiffs announced their intent to file objections. A variety of merchants filed suit against the defendants alleging that they violated federal antitrust law in setting “swipe fees” charged when consumers use [...]
