LESSON TWO: DOES AN SIU REFERRAL TRIGGER A LITIGATION HOLD – WHY IT SHOULD
See Lesson One HERE
I like thunder; I don’t know why so many people fear it. After many hours on weekends, after school, and summer days and evenings lugging golf clubs as a caddy – they had metal shafts and heads back then – I came to appreciate thunder as a celebration. Thunder means the lightning didn’t hit you. I feel the same way about a litigation hold. Litigation holds have an image problem, like thunder, they do no harm, but provide a warning of imminent danger if ignored. They are looked at as a defensive tactic, used to ward off imposing sanctions for negligently or purposefully destroying relevant evidence. Why aren’t they looked at as an offensive tool, utilized to protect and preserve the materials needed to win a case – rather than something employed to avoid losing a case? Much of the work I have done for the State of New Jersey and for the insurance carriers I represent in private practice involves health care claim fraud. These are document heavy cases involving dozens, if not hundreds, of patients. Preserving all of the claim forms submitted, supporting records, and records of claims paid, is an essential task made easier if the records are preserved when the provider is first being investigated. The fraudulent and abusive billing practices play out over several years, and may encompass a period longer than that reflected in your record retention policy. Imposing a litigation hold on these records only means they will not be disposed of, altered, or destroyed in the ordinary course of business – they should be, but don’t have to be, gathered . Coupled with sound data management practices which encourage investigators to segregate the electronic messages about an investigation in a separate folder, rather than in a clutter of unsorted in and out boxes, the information remains available for collection when needed. Imposing a temporary litigation hold while the potential fraud is investigated also avoids any later debate about when the obligation to preserve information, including electronically stored information, was triggered. Because many of these health care claim fraud cases arise out of post-payment audits, any request for documentation directed to a medical provider should include a litigation hold request, imposing an obligation to preserve, and not alter or modify, patient treatment records, billing records and insurance claim submissions upon the provider while the matter proceeds.
Contact CockerillCraigMoore Law
To learn how we can help you protect your rights and interests, contact the results-driven Haddonfield litigation attorneys at CockerillCraigMoore Law at 856-429-1060, or fill out our online intake form.
Municipal Entity Representation: Why They Need Lawyers Too
If you have been elected to a position on a governing body, congratulations and condolences. This may be your first elected position and you may find that the adage, be careful what you wish for, is all too true. Governing a municipality is a challenging undertaking;...
RED FLAG LAWS: WHAT ARE THEY AND DO WE HAVE ONE IN NEW JERSEY?
The national debate about gun control includes the prospect of Congress taking up consideration of expanded background checks and “red flag” laws. You might wonder what a “red flag” law is and how it may apply. New Jersey has a red flag law called the “Extreme Risk...
Contact the Firm of Craig Annin & Baxter for More Info
Boating season is here, and this means good times out on the water. It also brings with it a serious responsibility for your own safety as well as the safety of your family. There are certain precautions that you will need to take in order to stay completely safe out...
WHEN CAN FINANCIAL PENALTIES BE USED TO DETER NON-COMPLIANCE WITH A MARITAL SETTLEMENT AGREEMENT?
20-2-2066 Holtham v. Lucas, N.J. Super. App. Div. (Ostrer, J.) (18 pp.) Plaintiff appealed from the trial court’s order requiring him to pay defendant $150 per day of plaintiff’s non-compliance with a provision of the parties’ marital settlement agreement that...
SPOUSAL SUPPORT IN NEW JERSEY: WHAT ARE THE REQUIREMENTS?
Spousal support, sometime called alimony, may be ordered in New Jersey divorces in certain situations. An order for spousal support is not guaranteed, so you should consider consulting with the Woodbury family lawyers from Craig Annin & Baxter if you believe...
Splitting the Equity in My Home During a Divorce
Are you planning to divorce your spouse? One of the most important things to keep in mind is that you will need to divide up the equity in your home. Equity can be defined as the difference between the value of your home and the amount of money that you still owe on...
How Long Does a Personal Injury Case Usually Take?
Personal injuries lawsuits are unfortunately common. We say unfortunately because we don’t like the fact that there are people out there who are still getting injured through no fault of their own. Our crowded streets make these events more likely to occur. We...
New Jersey Courts Address Parental Liability for Underage Drinking and Going Forward Imposes Liability on Underage Adults Who Host
On June 6, 2019 the New Jersey Superior Court’s Appellate Division, the intermediate appeals court, decided whether homeowners whose children consume alcohol and allow other underage adults to consume alcoholic beverages at their home are liable for resulting...
A New Jersey state court entered a $27.65 million judgment for UFC
A New Jersey state court entered a $27.65 million judgment for UFC middleweight contender Yoel Romero following a damages trial involving a tainted training supplement that led to a suspension and lost professional opportunities, his legal team said today. Entered by...
Common Mistakes to Avoid When Going Through a Divorce
Going through a divorce is an emotionally taxing time. It can be easy to let emotions get the best of you. Avoid making these serious mistakes to keep your divorce as stress-free and cost-effective as possible. Waiting Too Long to Consult with an Experienced Divorce...