Attorney-Client Privilege and Work Product
Jan25

Attorney-Client Privilege and Work Product

There are multiple reasons why otherwise discoverable information could be withheld, but this post will address privilege and work product.

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Cooperate—“Or Else”
Dec19

Cooperate—“Or Else”

The duty of parties in civil actions to “meet-and-confer”—in essence, to cooperate—continues throughout discovery. Unfortunately, cooperation is sometimes lacking.

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What Can Happen if “The Complete Medical Record” Isn’t Produced
Nov30

What Can Happen if “The Complete Medical Record” Isn’t Produced

Two recent appellate decisions from different states address production of medical records and the consequences to defendant healthcare providers that are unable to produce them.

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An Overview of Discovery of Electronic Information
Oct26

An Overview of Discovery of Electronic Information

Organized in a question-and-answer format, this new publication is intended as a guide for federal judges as they address the challenges presented by ESI and actively manage the civil actions that come before them.

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The Continuing Consequences of Social Media
Sep26

The Continuing Consequences of Social Media

A recent court decision illustrates the unintended effects that might result from hasty posts published on social media.

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Obtaining Direct Access to Another Party’s Electronic Health Record
Aug24

Obtaining Direct Access to Another Party’s Electronic Health Record

This month’s Legal eSpeaking post discusses a case in which the plaintiff obtained direct access to inspect a defendant’s EHR as part of discovery.

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