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!"
Email exchanges can create binding contracts, even when a formal document (which both parties expected to have prepared) is never signed, and even when all contract terms are not addressed in the emails, according to the judge in Neurovision v Medtronic. Executives Exchanged Emails Neurovision had sued Medtronic for patent infringement. While the suit was […]Read more "So Easy to Make a Contract in the Digital Age"
In Johns v. Eastman Chemical Company, a federal judge in West Virginia recently ruled that a case could go forward against the seller of a chemical to a chemical distribution company, based on alleged failures to disclose all of the hazards associated with the chemical. The ruling is a reminder that chemical sellers should err […]Read more "Chemical Seller Beware – Disclosure Is Mandatory"
In his Executive Order (“EO”) relating to the Clean Power Plan, President Trump rescinded a 2013 directive, EO 13653, along with other Obama era orders.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 […]Read more "President Trump’s Climate Change Action Will Not Lower the Standard of Care Regarding Climate Change Preparedness"
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"
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 […]Read more "Boilerplate Discovery Objections Can Harm Your Case (And Cost Your Client Money)"