Federal Court in Washington Denies Motion to Compel Restoration of Backup Tapes

A federal court in Washington recently denied a motion to compel the production of archived emails stored on backup tapes, rejecting the plaintiffs argument that the defendants culpability in failing to preserve the emails in a more accessible format outweighed the burden and cost to the defendant of restoration.

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HIPAA Penalty of $5.5 Million Seems Like a Lot, but It’s Only $1.375 Per Patient!

HIPAA Penalty of $5.5 Million Seems Like a Lot, but It’s Only $1.375 Per Patient!

With 4 million patient records exposed, this was the largest fine to date for breach of ePHI (electronic Protected Health Information) which included “demographic information, clinical information, health insurance information, patient names, addresses, credit card numbers and their expiration dates, and dates of birth.”

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Unsupported and Exaggerated Assertions Regarding the Burden of Production Will Not Persuade the Court

By now we’re all familiar with the language recently implemented in the Federal Rules of Civil Procedure, providing employers with some protection against unreasonable demands related to ESI: “A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost.”

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Federal Court in Virginia Rejects Defendant’s Proportionality Argument

A federal court in Virginia recently granted a plaintiff’s motion to compel the defendant to search its computer systems for electronically stored information, rejecting the defendant’s argument that the requested ESI was “inaccessible” due to burden and cost and that the requested discovery was not proportional to the needs of the case. 

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