Failure to Implement a Proper Legal Hold Leads to Sanctions

In the State of Missouri a case was conducted and shows a clear reason why a Proper Litigation hold needs to be implemented. Fidelity Nat. Ins. Co. v. Captiva Lake Invs., 2015 WL 94560 (E.D. Mo. Jan. 7, 2015). In this insurance case, the defendant sought sanctions after alleging the plaintiff spoliated evidence and caused…

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E-Discovery Healthcare Litigation Readiness

Effective January 1, 2014, federal mandates for healthcare and digital record-keeping was required for public and private healthcare providers.   The American Recovery and Reinvestment Act also includes financial incentives for healthcare providers who provide meaningful use of electronic health records (“EHR”).  EHR is not only a more comprehensive patient history than electronic medical records…

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