A Duty to Preserve Mobile Data – YES!

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 […]

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President Trump’s Climate Change Action Will Not Lower the Standard of Care Regarding Climate Change Preparedness

In his Executive Order (“EO”) relating to the Clean Power Plan, President Trump rescinded a 2013 directive, EO 13653, along with other Obama era orders.  EO 13653 directed federal facility managers to consider ongoing effects of climate change as they develop and implement plans to maintain and protect federal assets.  Does this mean that private […]

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Ignore an Audit – Go to Jail

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 […]

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Boilerplate Discovery Objections Can Harm Your Case (And Cost Your Client Money)

In Fischer v. Forrest, Judge Andrew Peck issued “a wake-up call to the Bar.”  This New York federal magistrate judge took lawyers to task for “boilerplate” discovery objections, finding them to violate the 2015 amendments to the Federal Rules of Civil Procedure in multiple ways. Discovery Responses Must Meet Minimum Standards Judge Peck identified certain […]

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