A duty to use reasonable efforts to preserve potentially relevant information, including electronic data, arises when litigation has commenced or is reasonably anticipated. Today, mobile devices often contain unique, relevant data. Moreover, due to available technology, preserving mobile data is now generally easy and relatively inexpensive. Quite simply, the combination of unique, relevant data with […]Read more "A Duty to Preserve Mobile Data – YES!"
In August 2016, a jury convicted Pacific Gas & Electric (“PG&E”) of five counts of record keeping violations, and one count of obstructing an agency investigation. The judge has now sentenced PG&E, assessing the maximum fine of $3 million and setting some severe probation terms. Complying with those terms will more than double the economic […]Read more "Probation Terms Increase the Pain to Convicted PG&E"
A physician did nothing to change billing practices, even after Medicare denied some of the physician’s remittance claims as a result of an audit. This and other evidence helped convict the physician of Medicare fraud. In U.S. v. Uzoaga, the government asserted that the physician knowingly allowed a third party to submit fraudulent bills on […]Read more "Ignore an Audit – Go to Jail"
Bob and Lisa Parr did not prove that Aruba Petroleum knew that it was interfering with their property. As a result, they do not get the almost $3 million in damages awarded by a jury. Instead, they get nothing, according to the Dallas Court of Appeals, a mid-level Texas appellate court, in Aruba Petroleum v. […]Read more "No Liability Because Company Did Not Know It Was Creating a Nuisance"
Prosecutors often tell a company that it must cooperate with a criminal investigation in order to avoid being charged with a crime. The company is obligated to cooperate, even if the investigation may incriminate the company’s own senior management. A Company Is Separate from its Managers A key legal concept is that companies (such as […]Read more "Company Had to Help Put the Boss in Jail"