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Electronic Discovery

Today’s high-tech computerized world places additional and unforeseen burdens on businesses with regard to managing the content of their electronically-stored information and maintaining its privacy. The ubiquitous e-mail has replaced much formal correspondence and allows for the easy transfer and forwarding of such information. The informal nature of these communications, combined with the ease of distribution, yields a host of problems in terms of content and accessing.

Compounding this problem in the healthcare field is that most hospitals and healthcare systems are moving towards an Electronic Health Record (EHR). While there are tremendous benefits to EHRs, there are some potential pitfalls. Post & Schell, P.C.'s attorneys have a breadth of knowledge with regard to EHRs and can assist you in spotting potential problems.

The Post & Schell's Electronic-Discovery practice has dedicated attorneys with extensive knowledge in the area of electronic discovery. Building on the firm’s strong litigation and healthcare experience, attorneys in the Electronic Discovery and Technology practice work with your existing IT structures to provide comprehensive solutions to your legal technology issues. These attorneys can assist you in complying with electronic discovery requests, and auditing current systems for compliance purposes.

The Electronic Discovery practice can provide the following services:

  • Review existing information systems to assess electronic discovery readiness;
  • Audit information systems to create a data-map for use in identifying electronic information;
  • Draft a comprehensive e-discovery compliance plan consisting of entity-appropriate policies regarding retention, destruction, back-up and storage of information;
  • Create a step-by-step litigation hold procedure to assist your organization in complying with its electronic discovery obligations;
  • Review compliance with federal regulations regarding privacy and access to electronic health records under HIPAA;
  • Investigate claims of improper access to electronic records;
  • Provide, with the aid of appropriate forensic support, analysis of claims of misappropriation of trade secret and other confidential information through use of electronic means.