chronology

Second CMP Assessed for HIPAA Violations: Do You Know Where Your Data Is?

Second CMP Assessed for HIPAA Violations: Do You Know Where Your Data Is?

For only the second time in its history, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) has imposed a civil money penalty (CMP) on a covered entity for allegedly violating the HIPAA Privacy Rule.


Achieving a Digital State of Mind

Achieving a Digital State of Mind

Companies that successfully adopt digital technology don’t view it as an extra; digitization becomes central to what they are because they transform their value propositions and evolve every level of the organization so that it becomes data driven, customer-obsessed, and highly agile.


Understanding Gain Curves in Predictive Coding

Understanding Gain Curves in Predictive Coding

The gain curve shows how the recall achieved depends on the number of documents reviewed. Recall is the percentage of all relevant documents that have been found. High recall is important for defensibility.


IG and Digital Debris Edition: The Week’s Five Great Reads on Information Governance and eDiscovery

IG and Digital Debris Edition: The Week's Five Great Reads on Information Governance and eDiscovery

This week’s newsletter highlights five key posts on information governance and electronic discovery that are presented to inform and update legal and information technology professionals.


Automation, SaaS, and Self-Service: Quick Thoughts on LegalTech® 2016

Automation, SaaS, and Self-Service: Quick Thoughts on LegalTech® 2016

The annual LegalTech® gathering in New York continues to be an important ‘validation’ opportunity for participants to both hear and see how others feel about the latest trends and tools in the discipline of discovery.


Defendants Find Relief from Burdensome Discovery Requests

Defendants Find Relief from Burdensome Discovery Requests

Litigation often involves lengthy battles over the proper scope of discovery. Defendants with substantial resources frequently find themselves on the receiving end of unreasonable discovery requests in an attempt to overwhelm the party and stall litigation. A recent district court decision in In re Xarelto, along with the latest amendments to the Federal Rules of Civil Procedure, may help to curb this practice in the future.


The Unstructured Data, Embedded Litigation Readiness and a Place for Information Governance

The Unstructured Data, Embedded Litigation Readiness and a Place for Information Governance

One of the more recent activities among the eDiscovery solutions market has been the development of solutions, guidance, and messaging related to the concept of Information Governance—the enterprise governance of information.


New Guidelines on Collecting Biometric Data Help Businesses Stay Ahead of the Game

New Guidelines on Collecting Biometric Data Help Businesses Stay Ahead of the Game

The amount of data collected worldwide is rapidly proliferating, and one international organization wants to make sure it’s clear how to protect what is arguably the most sensitive category of that data: biometrics.


Latest OCR Enforcement Action: Underbed Storage is Not Appropriate for PHI

Latest OCR Enforcement Action: Underbed Storage is Not Appropriate for PHI

The Lincare action highlights the importance of having robust policies and procedures to protect PHI, particularly for providers whose employees perform services offsite and must transport PHI as part of their job functions.


Ghomeshi Emails Reveal Growing Importance of ‘Digital Debris’ to Trials, Experts Say

Ghomeshi Emails Reveal Growing Importance of 'Digital Debris' to Trials, Experts Say

The unearthing of 13-year-old emails in an attempt to discredit a woman accusing Jian Ghomeshi of sexual assault underscores the growing importance of “digital debris” in criminal and civil trials, experts say.


Changes in Federal Rules Result in Reversal of Adverse Inference Sanction

Changes in Federal Rules Result in Reversal of Adverse Inference Sanction

In Nuvasive, Inc. v. Madsen Med. Inc., No. 13cv2077 BTM(RBB) (S.D. Cal. Jan. 26, 2016), California Chief District Judge Barry Ted Moskowitz, considering new standards imposed under recently amended Federal Rule of Civil Procedure 37(e), granted the plaintiff’s motion for an order vacating the Court’s previous order granting (in part) the defendants’ Motion for Sanctions for Spoliation of Evidence.


Six Strategies to Consider When Implementing Information Governance

Six Strategies to Consider When Implementing Information Governance

The principles of IG matter because information is health care’s most valuable asset. Information that is accurate, complete and timely supports patient safety, quality of care, population health, positive outcomes and accurate reimbursement. Effective IG drives profit and growth.


The 2015 ABA TechReport: Cloud Computing

The 2015 ABA TechReport: Cloud Computing

The 2015 Survey indicates that, for a significant number of lawyers and firms, cloud services are part of the IT equation, but we are seeing a pause or a plateau. The continuing lack of actual attention to confidentiality, security, and due diligence issues is a significant concern, especially with the growth in mobile apps running on cloud services.


Big Law and Big Data: On What’s Legal and What’s Creepy

Big Law and Big Data: On What’s Legal and What’s Creepy

When it comes to Big Data — combing large datasets to unearth previously undiscoverable patterns in consumer behavior — the line between what’s permissible and what’s proper can be a fine one.


Questions Corporate Counsel Should Ask to Get Maximum Value from E-Discovery

Questions Corporate Counsel Should Ask to Get Maximum Value from E-Discovery

To maximize the value of the e-discovery process, corporate counsel should ask how outside counsel plans to efficiently analyze ESI and reduce the expenses associated with e-discovery.


Litigation Alert: From a Safe Harbor to a Privacy Shield

Litigation Alert: From a Safe Harbor to a Privacy Shield

Details and the actual text of the Privacy Shield agreement between the EU and U.S. were not immediately available, but regulators on both sides have confirmed that the parties have reached an agreement in principle that will allow for the continuation of an important mechanism for transatlantic data transfers outside of binding corporate rules and model contractual clause arrangements.


Is Legal Tech Going Through an Identity Crisis?

Is Legal Tech Going Through an Identity Crisis?

As a term of art, e-Discovery has been evolving so that it now applies to situations unrelated to the classic definition. Now, it is not uncommon to hear about e-discovery in the context of an internal investigation or that takes place during the due diligence process before a merger, and people are even discussing e-Discovery tools that corporate counsel will want to use just to find information within their own company’s records.


Legal Applications of KM Trend Toward Flexibility, Simplicity

Legal Applications of KM Trend Toward Flexibility, Simplicity

Knowledge management software solutions tailored to the legal profession are becoming more common and lawyers more receptive to them. In addition, e-discovery capabilities are moving out of the IT department and into the user domain, as they become simpler to use and more collaborative.


LegalTech 2016 Preshow Series: The eDiscovery Cloud

LegalTech 2016 Preshow Series: The eDiscovery Cloud

Cloud or SaaS aren’t monolithic options; they are models under which a variety of configurations of services and computing options are provided. The articulation and configuration of those options within the profession is still being determined. There is no standard for a “legal cloud” the way we might see from our peers in healthcare or financial services.


#LTNY16 Edition: The Week’s Five Great Reads on Information Governance and eDiscovery

#LTNY16 Edition: The Week's Five Great Reads on Information Governance and eDiscovery

This week’s newsletter highlights five key posts on information governance and electronic discovery that are presented to inform and update legal and information technology professionals.


Here’s How to Cure Information Overload

Here's How to Cure Information Overload

The cure for information overload is to shift our efforts away from the action needed to learn a fact and toward the skill of storing and retrieving information.


EU-US Privacy Shield: New Framework for Transatlantic Data Flows

EU-US Privacy Shield: New Framework for Transatlantic Data Flows

The European Commission and the United States have agreed on a new framework for transatlantic data flows: the EU-US Privacy Shield.


LegalTech 2016 Preshow Series: The State of eDiscovery

LegalTech 2016 Preshow Series: The State of eDiscovery

From increased acceptance in courts and users of TAR to changes in the federal rules to expansions to IG and other corporate, to the maturation of suites and platforms, to increased intelligent review (as opposed to linear), to consolidation and new platform launches, and expansions in platforms and SaaS models … the eDiscovery market is in flux. All of these trends will impact how the solutions are used, bought, and sold.


The FRCP Amendments Are Already Having an Effect

The FRCP Amendments Are Already Having an Effect

While many lawyers assume that the rule changes will slowly work their way into case law, a quick review of recent e-discovery cases shows that not only have the courts integrated the rules into law, but some decisions had accounted for these changes even before they went into effect.