Vendor
Selection Worksheet by
Dale Drury and George Wagner
This worksheet is a companion to
the white paper entitled
"Selecting
an Electronic Discovery Vendor:
Effective Screening Strategies," which is available on the AlphaLit website at www.alphalit.com. The following sections provide specific advice and questions to ask potential business partners, and is generally in an outline format. This information will assist the reader in making an informed decision when choosing an electronic discovery vendor to process their electronically stored information (ESI).
Click here to receive a full copy of the White Paper in pdf format
EMR and E-Discovery
by Brett
Griffith
Traditionally, legal proceedings required hospitals to pull together all the photocopies, printouts and other paper-based documents necessary during the pretrial or discovery phase when information exchange between parties is required.
With the growing use of electronic health records (EHRs), litigators will be seeking an increased amount of information that can be obtained from e-mail messages, databases, software applications, computer logs, and metadata. The advent of electronic discovery (e-discovery) is here and will become increasingly important - complementing traditional, paper-based methods. Alpha Systems has assisted hospital's counsel with their electronic data, specifically in matters involving Medicare outliers and other legal proceedings. An effective strategy for reviewing e-discovery is the use of technology that makes the review of electronic data efficient and accurate. Using Alpha Systems' data review tool, E-Direct, attorneys can review electronically stored information (as well as paper) in a format that ensures compliance with all federal, state and local discovery guidelines.
Reflecting this trend, the Supreme Court approved amendments to the Federal Rules of Civil Procedure, which took effect December 1, 2006. While this applies currently to Federal cases, many expect it will also set standards for e-discovery in state and local jurisdictions. It's not a matter of if, but when for healthcare.
HIM professionals will have to implement new processes for the management, retention and disclosure of health information and how electronic records are managed within healthcare organizations.
Click here to receive a full copy of the White Paper in pdf format
Effective Screening Strategies by Dale Drury and George Wagner
Electronic Discovery can be an arduous task, fraught with unexpected complications, the constant pressure of deadlines and the consequences of change – often at the last minute. The amendments to the Federal Rules of Civil Procedure (FRCP) impose new requirements and standards related to electronic records and production of electronically stored information (ESI) which will affect all corporations involved in federal court proceedings. Now, more than ever, in-house counsel and law firms must become proficient in an evolving world of e-discovery in order to serve their client's needs. This document will provide advice on how to carry out your vendor search from start to finish. In addition, there are guidelines set out in AlphaLit's companion whitepaper,
"Vendor
Selection Worksheet," located on our website at www.alphalit.com, where we also provide suggestions and detailed questions to ask candidate vendors. This information will help you match your project needs with the right vendor.
Electronic Discovery (ED) must be managed properly, or it may negatively impact your case with sanctions, missed evidence, or evidence inadvertently provided to the other side. Recent case law has clearly established that mishandling of ESI can have serious consequences, up to and including the disposal of a case, not necessarily on its merits.
Coleman
(Parent) Holdings, Inc. v. Morgan Stanley & Co. Inc., 2005 WL 679071 (Fla. Cir. Ct. Mar.1, 2005).
Click here to receive a full copy of the White Paper in pdf format
