Best practices for e-discovery

Businesses involved in civil litigation or government investigations face a difficult task when it comes to e-discovery, the period during litigation when the two opposing parties are required to provide each other with information and other evidence related to the case. According to Rule 26 (“Duty to Disclose”) of the U.S. Federal Rule of Civil Procedure, parties are required to provide opposing counsel with electronically stored information (ESI) , including Word documents, spreadsheets, email and audio and visual records. The data is subject to local rules and is often reviewed for privilege and relevancy prior to being handed over. Digging through thousands of electronic records and data, however, can be frustrating, expensive and complex, especially if legal counsel lacks knowledge and experience handling the process. Furthermore, complying with e-discovery requests can become especially time-consuming, due to the large volume of information created and stored on network drives and personal computers.

Policyholders and charities hit hard by falling rates on universal life policies

Millions of Americans, including families, retirees and small business owners, who took out universal life insurance policies back in the 1980’s and 1990’s are facing significant losses as policy values have fallen sharply over the past two decades. Years of low-interest rates have strapped many policies of their cash value, forcing policyholders to either add additional funds to the policy to maintain the existing face value, or reduce the amount of the death benefit. When individuals name charitable groups as beneficiaries of the policies, the impact is twofold; policyholders end up losing money and so do the organizations they had intended to support. Some families have had to cut their policies by over $1 million, leaving the charities set to receive those funds at a major loss. Financial advisors say that many people are unaware of how big the problem has become, especially if they do not fully understand how the contracts work.

Medical marijuana legalized in MA presents health insurance coverage complications

The legalization of medical marijuana in the state of Massachusetts was indeed a triumph for many, in particular those with adverse health conditions. Currently, 20 states and the District of Colombia have legalized medical marijuana use. The medicinal properties of marijuana are said to be effective. In small, controlled doses, medical marijuana has been known to alleviate symptoms associated with severe and chronic disease such as cancer, AIDS, multiple sclerosis, pain, glaucoma, and epilepsy, among others. Marijuana can stimulate appetite and reduce anxiety associated with aggressive medical treatments. The overwhelming irony is that while individual states can vote on whether or not to legalize medical use of the drug, federal laws prohibit its use resulting in persistent access and affordability issues. 

Managing your company’s opportunities and risks through ERM

In today’s challenging global economy, business opportunities and risks are constantly changing. Accordingly, there is a need for virtually every organization to identify, quantify, manage and monitor its business opportunities and risks. But the question for most organizations is – “What practical steps can we take to link opportunities and risks when managing the business?”

For some companies, the answer will be to implement Enterprise Risk Management (“ERM”). For others, it may be an approach in which they focus on just a few critical risks/ opportunities each year. Another option, particularly for publicly held companies, is to review their Risk Factors and assess how well each one is being managed. While there is no right answer, it’s safe to say that taking

Computer simulators mean heightened standards for clinical drug trials

Recent reports in the Wall Street Journal outline important developments in safety and efficacy standards for human clinical trials of drugs and devices. Drug companies are now using computer simulations in order to determine key clinical trial design features. Previously, issues like the length of trial were based on judgment and experience of the trial sponsor. With this new United Stated Food and Drug Administration and European Medicines Agency endorsed design protocol simulators, the bar has been raised for human testing.

Every time that regulators approve and endorse new technologies, they increase the standards for trial sponsors. In a case where a participant alleges harm from the trial, the absence of this capability may weaken the defense of any claims. So, drug and device

Independent Contractors and Workers Comp – watch out for audits

Earlier in the year, one of my WGA colleagues wrote a blog about the growing challenge employers face trying to place Workers Compensation. While many companies have been able to navigate these difficult renewals, there may be more to be concerned about. Employers must avoid becoming complacent, especially when it comes to renewal prices and policy reviews. It’s important to remember that the estimated exposures used in the development of the annual renewal premium are subject to an end of policy year audit. While most facts discovered during an audit are the result of normal business actions and are not surprises, regulations surrounding independent contractors may catch some employers off guard. Specific employment practices will determine whether a worker is considered an employee or independent contractor and whether or not the employer is responsible to insure them. Therefore, employers should review the differentiating factors to ensure they have complied

Not only is PPACA ignorance no excuse, it’s unbelievably expensive…

Make no mistake: PPACA regulations include penalties for provisions that employers have probably never even heard of. Employers know that there are many new taxes and costs associated with sponsoring a group health plan under the new health care reform regulations, for example, most employers understand the exposure under the employer mandate or “play-or-pay” penalty. However, these penalty amounts can pale in comparison to the potential $100 per day, per affected-person penalty that exist on some of the least-publicized aspects of the law. And these penalties can be assessed for a variety of reasons.

Let’s take an example: An employer fails to realize that the new regulations prohibit him from continuing to offer a “non-integrated” Health Reimbursement Account (HRA),