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Diagnosing and Treating Legal Ailments of the Electronic Health Record: Previously Unpublished Postscripts

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In the final edits of to the titular article, which can be found here , the authors and editors decided to separate these postscripts and post them separately. They were intended to capture important themes that became highlighted in the article proper over the course of the editing process. Postscript 1: An Aspirational Outline At the outset of this project, the authors set out a range of objectives with the understanding that not all could be accomplished but that certain key areas would address foundational fundamentals going forward. Reflecting that fundamentals approach, this paper focuses on the Release of Information Production interests of legal process, represented in our system of jurisprudence by support for the duty of lawyers to zealously represent their clients’ interests. Since interests in such primary principles as “authenticity” and “integrity” are shared by other end-users, our view is that a digital record that aligns, at a minimum, with legal process re...
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The Fundamental Importance of Medical Records to Achieving Justice

by Hon. Ralph Artigliere This blog is the first in a series, which will hopefully initiate and sustain a dialogue towards solutions to the many problems that plague the keeping, storing, and efficient access to patient Electronic Health Records (EHR). Blogs appearing here will be generated by the authors of the article,  Diagnosing and Treating Legal Ailments of the Electronic Health Record: Toward an Efficient and Trustworthy Process for Information Discovery and Release , published in the Sedona Conference Journal, Volume 18 (2017)* as well as guest authors and experts with a special knowledge or interest in EHR systems. These include law and medical practitioners, EHR and eDiscovery consultants, and judges with specific perspectives and information pertinent to this rapidly evolving subject area. Readers are encouraged to weigh in on the content of this blog and the aforementioned article as well as other issues encountered with EHR in the medical and legal fields by ...
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Insurer rejects insurance claim for NotPetya ransomware attack as "Act of War"

2019-01-11 Welcome to 2019. In 2017, U.S. snack food manufacturer Mondelez was attacked by the NotPetya ransomware, losing 1700 servers and 24,000 laptops. NotPetya's attack mode is to encrypt a drive's file system table and prevent the system from booting - essentially bricking the device. While events like this are not surprising, what is surprising is that Zurich reinsurance refused to cover the event (clean up, etc.), claiming that Mondelez's cyberinsurance coverage was considered an "act of war" and excluded by the terms of the insurance policy. Although acts of war and force majeur events are routine insurance policy exclusions, this is the first reported (but not unexpected) cyberinsurance claim rejection based on an "act of war." Security experts (and reportedly the U.K.) believe Russia is responsible for the ransomware's development and dissemination. NotPetya is believe to be The upshot: Mondelez is suing its Zurich for 100 million dollars...
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