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New Jersey Law Journal

Has 'Inherent Authority' Survived Amended Rule 37(e)?

A look at where the Third Circuit stands on spoliation of electronic evidence
9 minute read

New Jersey Law Journal

Discovering the Digital Wallet

Conventional currency, credit cards and bank accounts no longer provide a complete financial picture.
9 minute read

New Jersey Law Journal

Retaining Control over use of Technology-Assisted Review

A look at "Winfield v. City of New York" in view of three significant TAR cases authored by S.D.N.Y. Magistrate Judge Peck, and other illustrative cases, as well as suggestions for best practices.
9 minute read

New Jersey Law Journal

Ethical Considerations in E-Discovery: Avoiding Malpractice Claims

Electronic discovery, even more so than traditional paper-based discovery, can present treacherous ethical and malpractice pitfalls for all attorneys, even those who practice at the requisite level of technological competence.
9 minute read

New York Law Journal

Appellate Practice

In this Special Report: "Don't Wait for the Appeal to Bring in Appellate Counsel," "For Disability Appeals, the Devil Is in the Details," "The Supreme Court's Continuing War Over Legislative History," "Practicing Before the Federal Circuit Court of Appeals" and "The Respondent's Role in the Appellate Process."
2 minute read

The Legal Intelligencer

Medical Malpractice

In the Legal's Medical Malpractice supplement, read about attorney privilege in med mal cases, an EMR audit trail and arbitration agreements in nursing home cases.
2 minute read

The Legal Intelligencer

Attorney Privilege in Medical Malpractice Cases: How Far Can It Reach?

Throughout the course of medical malpractice cases, depositions are a key component of the process of discovery. In these cases, it is common practice for defense counsel to seek the depositions of family members of named plaintiffs.
6 minute read

The Legal Intelligencer

Narrowing the Scope of Medical Malpractice E-Discovery Requests

I remember it like it was yesterday. I was at trial, sitting at the defense table and the plaintiff's electronic medical records (EMR) expert was testifying before the jury
8 minute read

The Legal Intelligencer

Patient Safety Protections Require Hospitals to Strictly Comply With Mandated Protocols

The Medical Care Availability and Reduction of Error (MCARE) Act, 40 Pa. C.S. Section 1303.101, et. seq., contains provisions which create an institutional “patient safety” process, and provides protections—contained in Section 1303.311— that afford to health care institutions the ability to report and investigate “serious events or incidents,” and develop and implement solutions to systemic patient safety problems that may lead to future “serious events or incidents” discovered thereby, free from concern about exposure during litigation discovery.
7 minute read

The Legal Intelligencer

Arbitration Agreements in Nursing Home Cases

A recurring issue in cases involving injuries to patients or residents of nursing and rehabilitation facilities is the existence of and the importance to the case of agreements to arbitrate any disputes that arise from the admission.
8 minute read

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