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New York Law Journal

Discovery of Medical Records in the Age of HIPAA Protections

Brian C. Mardon and Stephen A. Iannacone discuss the contentious issue of disclosure of privileged, or unrelated medical records and conclude: "the ongoing struggle between liberal disclosure and protection of privacy rights will continue to cause new and unusual problems for the personal injury litigator into the foreseeable future."
10 minute read

The Legal Intelligencer

Scranton Cultural Ctr. at Masonic Temple v. Phila. Indem. Ins. Co., PICS Case No. 15-0803 (C.P. Lackawanna April 13, 2015) Minora, J. (15 pages).

A case conference sheet inadvertently produced by plaintiffs in discovery was not privileged as it was not a communication between plaintiff and its attorney for the purpose of providing legal services or advice. Defendant's appeal of order denying its motion to compel denied.
4 minute read

New York Law Journal

Suffolk DA Ordered to Turn Over Notes in Civil Rights Suit

Suffolk County prosecutors must turn over investigator notes to a man who claims his civil rights were violated after being beaten by off-duty Nassau County officers and charged by police with bogus criminal offenses in a coverup.
6 minute read

New York Law Journal

Hearings Begin Over Claims of Altered Sandy Insurance Reports

Hearings into allegations of improperly altered engineering reports in Hurricane Sandy insurance cases began Wednesday in Brooklyn federal court, despite defense concerns about the proceedings turning into "mini-trials" on the merits of denials or perceived underpayments.
6 minute read

Corporate Counsel

Is the Debate on Predictive Coding Ending?

The once-controversial method for finding a digital needle in a haystack is finally achieving a level of respectability.
8 minute read

The Recorder

Williams v. Superior Court (Marshalls of CA, LLC)

3 minute read

The Legal Intelligencer

How Extracting a Text Message Could Change Your Case

The scene opens with three teenagers in a car. The driver is shifting her eyes back and forth between the roadway and her smartphone as she approaches an intersection. As the driver taps out a text message, a pickup truck comes into view headed toward the same crossroads. The driver runs the stop sign and the rest is left to the viewer's imagination.
4 minute read

Corporate Counsel

You Can't E-Discover What You Can't Find

According to data gathered by Exterro Inc., the biggest e-discovery challenge is the problem of locating potentially responsive data in the first place.
3 minute read

Daily Report Online

Know the Differences in Forms of Production for E-Discovery

When it comes to e-discovery, dry topics are unavoidable. But you'll just have to trust me for however many inches this column ends up being that the differences between the forms of production for e-discovery is important and worth knowing.
6 minute read

The Recorder

Grewal Slams Investors, Lawyers Over Email Erasure in Trade Secrets Case

The judge sanctioned four early backers of San Jose-based Clear View Technologies for evidence spoliation and scolded lawyers for disregarding “obvious red flags.”
5 minute read

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