Search results

The purpose of this paper is to explore the challenges confronting organizations in responding to the recent electronic discovery (e‐discovery) amendments to the US federal rules of civil procedure. Failure to comply with these rules, even unintentionally, can have significant adverse legal consequences for parties of the lawsuit. The vast majority of information and data is electronic and stored in numerous files and on a variety of media. Thus, there is a critical need to better manage electronic content and implement a strategic approach to accommodate new rules, legislation, and ever‐changing technology. In response, the authors provide recommendations for enterprise‐wide e‐discovery readiness.

To investigate the legal theory for e‐discovery, the authors examine precedent‐setting legal cases for the purpose of providing managerial recommendations for developing and implementing a comprehensive policy for compliance and litigation purposes.

According to the authors' evaluation of the amendments and applicable case law, the new rules make clear that electronic information and data are discoverable, and that failure to protect and store in a retrievable format may lead to adverse legal consequences.

To better prepare for the duties imposed by the e‐discovery amendments, the authors recommend the formation of an enterprise‐wide multi‐functional electronically stored information Discovery Team to develop, implement, and periodically review a comprehensive electronic records management policy and procedures for compliance and litigation purposes.

The authors take into consideration the dearth of information systems literature addressing the critical need to better manage electronic content and to implement an enterprise‐wide strategic approach to accommodate the requirements of e‐discovery, or face costly consequences.

For over two hundred years, our nation’s legal system has been based on the “American Rule” ‐ with each party bearing its own litigation costs. As the Supreme Court noted in 1975, this distinctly American tradition is “deeply rooted in our history and in congressional policy, and it is not for us to invade the legislature’s province by redistributing litigation costs…” Not surprisingly, the founders of our legal system did not anticipate the extent to which e‐mail would come to dominate our professional and personal lives. Experts estimate that 30 billion e‐mail messages are currently are being sent every day ‐ or an average of five e‐mails per day for every person on the planet.

In light of the current investigations related to possible conflicts of interest involving Wall Street stock analysts, no general counsel at a securities firm needs to be reminded of e‐mail’s growing importance in litigation and regulatory investigations. Merrill Lynch paid a $100 million settlement to the State of New York based, in significant part, on damaging evidence culled from the e‐mail of its analysts, including its renowned Internet stock analyst Henry Blodget. New York State Attorney General Eliot Spitzer issued additional subpoenas to most of the major Wall Street firms, and parallel investigations are underway by the National Association of Securities Dealers (NASD) and the Securities and Exchange Commission (SEC).

The purpose of this paper is to examine the myriad ways record‐keeping can affect the course and outcome of products liability litigation. The examination includes an overview of the civil jury system in the USA, as well as an analysis of the benefits gained from instituting quality concepts and principles regarding the creation, management, storage and protection of quality‐related documents. Frequently the “star witness” in a products liability lawsuit is not a witness at all – it is a document. The written record a company generates plays a critical role in presenting a case to the jury in the event of litigation. With regard to retaining and storing company records, serious legal problems arise when documents are lost, damaged or destroyed without adequate explanation. Accordingly, embracing and implementing quality concepts and principles with regard to record‐keeping provides numerous rewards in the event of litigation.

The purpose of this research project is to identify the legal and security issues, risks and barriers to the uptake of communication and document management technologies by the construction industry. Previous research suggests that the construction industry, especially in Australia, has been reluctant to adopt technology on a broad scale due to a range of legal uncertainties. The purpose of this paper is to explain the relevant legal issues and risks and to suggest possible solutions for legally compliant electronic project administration in the construction industry.

This paper is based on research undertaken for the Australian Cooperative Research Centre for Construction Innovation (CRCCI) Research Project 2005‐025‐A, “Electronic Contract Administration – Legal and Security Issues”. The outcomes from the research to date include a literature review and several case studies. The research project will ultimately produce a set of recommendations for secure and legally compliant electronic project administration.

It is apparent that, if the uncertainties associated with electronic project administration remain unresolved, then the practical consequences for parties using electronic project administration tools may be serious. On a more general level, these uncertainties will contribute to a reduced willingness by the construction industry to take advantage of modern communication technologies.

This research contributes to the need for greater clarity and knowledge of the legal issues and risks of electronic project administration in the construction industry.

THE LOOMING MASS OF BLACK COMBE, and the sky‐line of the central fells that he can see from his window—Scafell, Scafell Pike, Great End, Harter Fell, Bowfell, Crinkle Crags, Coniston Old Man—are among the great shaping influences in the work of Norman Nicholson. The fells, the rocks that make the fells, the becks and the rivers that flow down the fells all speak to him and through him. The other great influence on his writing is his religious belief. As he himself said recently in a radio broadcast: ‘The universe is not just a huge mechanical coffee‐grinder, ticking over and over without aim or purpose. It works to a pattern; it works to a plan. And part of the sheer enjoyment of being among mountains comes from our sometimes feeling swept up in the plan, where every end is a new beginning and every death a new birth.’

This article discusses the perils of electronic communication, the regulators' response to its proliferation, the findings of a recent survey by Orchestria, and the traditional solutions most companies are adopting.

Discusses results of a survey that illustrates the uncontrollable nature of electronic communication; recent financial services regulations concerning document retention, activity supervision, and communication approval; archiving and other costs of electronic communication; the inadequacy of many companies' risk mitigation strategies; and a recommended active policy management approach.

The challenge that management and compliance staff face with unstructured communication is twofold: 1. the speed and informality with which messaging systems are used by employees to make assertions and promises and to transfer data, and 2. the almost total absence of management visibility and control over the content of such communications. In the current regulatory climate, not knowing what employees are communicating to each other, clients, suppliers, and other contacts is a significant risk.

Alerts financial services companies to the risks inherent in employees' unrestricted use of all the different electronic communications media and recommends a proactive approach to manage those risks.

This article aims to highlight the importance of a complete and accurate medical record as it pertains to potential risk exposure in the outpatient physical therapy profession.

Basic charting rules, correction and alteration recommendations, documentation of telephone conversations, informed consent, exculpatory release forms and incident reports are discussed. Basic risk management strategies are reviewed that may reduce outpatient physical therapy practitioners' malpractice exposure.

The authors contend that quality and thorough documentation is as important as the quality of the care that is delivered to patients, since medical records are legal documents and serve as valuable evidence as to what transpired between patients and the healthcare providers.

Practical documentation strategies are described in a manner that will inform physical therapists of their legal obligations relating to patient care.

The October edition of Industrial Management featured the Nader‐style ‘consumerism’ building up in Britain with pressure groups harassing companies over the pollution issue. In November, this was followed by interviews with Environment Secretary Peter Walker, and with senior management men, defending the company role in the environment. Continuing the theme, five leading industrialists have written to Industrial Management, commenting on the articles. Here are their views.