When Healthcare Providers and Privacy Legislation Collide
May15

When Healthcare Providers and Privacy Legislation Collide

In response to the increasing issue of data breaches, a number of proposals for legislation related to breaches and personal privacy have been made at both the federal and state levels.

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Compelling Production of the Audit Trail in Litigation
Apr18

Compelling Production of the Audit Trail in Litigation

When might a plaintiff in a medical malpractice action want a defendant healthcare provider to produce an electronic audit trail, and what proofs might be offered in favor of and against production? A recent case, Vargas v. Lee, suggests some answers.

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Possession, Custody, or Control: When can a party be required to produce ESI held by someone else?
Mar20

Possession, Custody, or Control: When can a party be required to produce ESI held by someone else?

On a daily basis, we read about new apps or devices that may create, store, and transmit electronically stored information (ESI) relevant to the health of an individual. Healthcare providers may be required to reach out to those entities and produce ESI in response to a legal adversary’s discovery requests.

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Illinois Supreme Court Weighs In on Biometric Information
Feb19

Illinois Supreme Court Weighs In on Biometric Information

The Illinois Supreme Court recently ruled on a class action suit alleging the plaintiff’s biometric information collection practices violated the Illinois Biometric Privacy Act. What might this mean for healthcare providers or other entities that collect biometric information?

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When an Employer Fails to Protect Employee Personal Information
Jan16

When an Employer Fails to Protect Employee Personal Information

The first Legal eSoeaking post of 2019 takes a look at a recent decision from the Pennsylvania Supreme Court that addresses the question of “whether an employer has a legal duty to use reasonable care to safeguard its employees’ sensitive personal information that the employer stores on an internet-accessible system.” This decision offers a classic example of how the common law (judge-made law) can be used to establish rights and remedies to economic injuries allegedly caused by new technologies.

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