Category: Computer/Internet, e-Discovery 6 Practical Search Lessons Learned from I-Med Pharma, Inc. TASA ID: 4285 Within the last year, there have been many decisions from the bench providing guidance on the handling of electronically stored information (ESI). One particular case that stands out is I-Med Pharma, Inc. v. Biomatrix, Inc., No. 03-3677 (DRD), 2011 WL 6140658 (D.N.J. Dec. 9, 2011) which will be referred to here as simply the I-Med Pharma case. In this specific case, the United States District Court for the District of New Jersey reached a decision affirming a prior judgment by Magistrate Judge Michael Shipp. The defendant appealed the original decision by Judge Shipp not to force the plaintiff to search and review an estimated 95 million pages of records found in the unallocated space on its computer systems using keyword search terms previously agreed upon by both parties. Read more
Category: Computer/Internet, e-Discovery The Three Things You MUST Do Before Starting Your ESI Review TASA ID: 4285 Even the seemingly simplest document reviews can get derailed without proper preparation. It is important to keep in mind that although e-Discovery can be intimidating, it still has a basis in the standard practices of the discovery itself. The potential difficulties that can arise when adding ESI to the mix can be prevented through the application of a systematic process. Read more
Category: Chemicals / Toxic Substances Scientific Evidence and Causation of Toxicity TASA ID: 1111 Establishing causation is a critical - if not the most important - task when allegations of harm are made. This is particularly true for adverse consequence arising from illicit drugs, pharmaceuticals, dietary supplements, and other chemicals. Causation of adverse health effects and even wrongful death requires more than demonstrating an association or connection. Knowing whether or not there is a causal link between a toxicant and a claimed adverse health effect is important for both plaintiffs and defendants. Read more
Category: Accident Analysis / Reconstruction, Chemicals / Toxic Substances, Construction, Personal Injury, Safety Hidden Hazards of Confined Space TASA ID: 3404 Frequent headlines in breaking news stories convey the tragic results of yet another confined space fatality accident. With fatality statistics indicating that more than 60 percent of rescues in confined spaces result in a workplace fatality. Since most of these cases are fully preventable, sadly they involve local firefighters responding to trapped workers injured on the job. A common misunderstanding many people share is that local firefighters respond to emergencies fully equipped as technical rescuers. Having experience in structural fire control or vehicle emergency response doesn’t necessarily qualify one as a technical rescuer. Comprehensive training, practical experience, and a working knowledge can adequately prepare responders to engage as rescue professionals, not before. Read more
Category: Business & Commerce A Simple Test to Determine your Firm's Competitive Advantage TASA ID: 4374 Defining a firm’s competitive advantage is difficult. Both my students and friends in the business world struggle with this often. Many students and practitioners of business strategy fail to understand whether a firm has the ability to do something better than the competition. There can’t be a more important question in business strategy, can there? Unless we understand what our company does better than the competition, then we can’t understand how we should compete. It’s similar to a boxer going into a match without knowing his best punch; he won’t have a very good strategy for defeating his opponent. Read more
