Legal Update: Evidence Preservation and ESI

The recent case of EPAC Technologies, Inc. v. HarperCollins Christian Publishing, Inc., 2018 WL 1542040 (M.D. Tenn. March 29, 2018) provides a detailed example of the pitfalls of an inadequate litigation hold and the complexities of preserving ESI. The case revolves around a contractual dispute between a book publisher and a printing company, and it provides an interesting case study in the application of the changes to the Federal Rules of Civil Procedure governing spoliation of Electronically Stored Information (“ESI”).  

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Rebecca Adelman
Overview: Sixth annual Litigation Risk and Defense Strategies for Long Term Care & Assisted Living Providers, Insurers, and Brokers Conference

The 2018 Litigation Risk and Defense Strategies for Long-Term Care & Assisted Living Providers, Insurers, and Brokers Conference was a great success and lots of fun! On April 4 and 5, Hagwood Adelman Tipton, co-host firms and a distinguished group of industry experts gathered with our special guests in Houston for the sixth annual conference. More than 100 professionals joined to network, attend education sessions and enjoy Houston, home of the World Champion Houston Astros. There are many stories to tell and we look forward to returning to Memphis, where the conference began, for our seventh anniversary next year. Please mark your calendar for April 3-4, 2019! Stay tuned for details.

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Rebecca Adelman
Dementia Care: Positive Initiatives

This month, Human Rights Watch (HRW) published its 157-page report "'They want docile:' How Nursing Homes in the United States Overmedicate People with Dementia." The report documents, per HRW, nursing facilities’ inappropriate use of antipsychotic drugs in older people, as well as the administration of the drugs without informed consent. While the report uncovered a troubling trend, HRW does not reference the more than 16,000 nursing facilities providing long-term care services and support to meet patients’ needs and respect their rights.

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Rebecca Adelman
Work-Life "Being"

Work-Life Being
Perhaps when considering how to achieve work success and prosperity and a meaningful family life, the direction to go isn’t upward, but inward.

This post originally appeared on Thrive Global, a community group established by Arianna Huffington that focuses on wellness. 

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Rebecca Adelman
What is your Mount Everest?

Last month, I climbed Mount Everest, the world's tallest and most prominent mountain at 29,029 feet (8,850 meters). Well, sort of…I accepted the 29Zero29.com challenge organized by entrepreneur and extreme living specialist Jesse Itzler and his unbounded team. The event was at Mount Stratton, Vermont.

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Rebecca Adelman
EMERGENCIES – ARE YOU PREPARED?

As I’m writing, communities in the Southeast and Texas are braving through the recovery from the devastation of hurricanes Harvey and Irma. Although the full impact of these events is truly unknown, we do know that for millions across the country, life will never be the same. There is a particularly devastating impact on many older adults in long-term care facilities in preparing for and dealing with hurricanes and other disasters.

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Rebecca Adelman