Understanding the Nature of Personal Information
Dec11

Understanding the Nature of Personal Information

All good things come to an end. And with this post my monthly column, Legal e-Speaking, comes to its end as the Journal of AHIMA transitions to a new format in January of 2020.

Read More
The Uncertainty of Website “Accessibility”
Nov13

The Uncertainty of Website “Accessibility”

Predictability is good for business entities—including healthcare providers and their business associates—especially when the consequence of unpredictability can be litigation. However, predictability is somewhat uncertain today in the area of electronic information, specifically, about whether a healthcare provider can be sued under the Americans with Disabilities Act (ADA) for having a website deemed to be inaccessible for a person with a disability.

Read More
Dealing with ESI Spoliation in State Court
Oct16

Dealing with ESI Spoliation in State Court

The vast majority of civil litigation in the US takes place in state courts, and approaches to allegations of spoliation vary from one state to the next. While it is important to understand Rule 37(e) as it applies to litigation in federal court, few states have developed comparable standards to spoliation of electronically stored information (ESI) for litigation at the state level. A recent state court decision in New York gives an example of how states handle these motions.

Read More
Vermont Supreme Court Rules on Wrongful Information Disclosure Case
Sep10

Vermont Supreme Court Rules on Wrongful Information Disclosure Case

Another State supreme court has weighed in on whether an individual may sue for damages based on a healthcare provider’s “unjustified disclosure to third persons of information obtained during treatment.”

Read More
“Lost” in Reality: A Real-Life Example of Rule 37(e)
Aug20

“Lost” in Reality: A Real-Life Example of Rule 37(e)

A recent court case regarding loss of electronically stored information (ESI) offers a reminder of the importance of understanding the nature and location of ESI relevant to a particular litigation. In the case, an employment discrimination action, the plaintiffs sought sanctions against the defendant for its failure to preserve a computer one plaintiff had used in the course of her employment which had been supplied by the defendant.

Read More