Sanctions for E-Discovery Violations: By the Numbers

This Article reviews our comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010, involving motions for sanctions relating to the discovery of electronically stored information (ESI) We analyzed each case for various factors, including date, court, type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type, sanctions to counsel, if any, and the protections provided from sanctions by Federal Rule of Civil Procedure 37(e) The survey identified 401 sanction cases and 230 sanction awards and showed that sanction motions and awards have increased over time, particularly in the last five years Sanctions against counsel are rare but are also increasing Sanction motions have been filed in all types of cases and in courts across the country Failure to produce ESI is the most common basis for sanctions Courts have used a variety of different rules, statutes, and powers to sanction parties for e-disco very violations, including Rule 37 and the inherent power of the court, and courts impose many different sanction types on e-discovery violators, including the severe sanctions of dismissal, default Judgment, adverse jury instructions, and sizeable monetary awards Rule 37(e) has not provided broad protection from such sanction

Sanctions for E-Discovery Violations: By the Numbers

This Article reviews our comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010, involving motions for sanctions relating to the discovery of electronically stored information (ESI) We analyzed each case for various factors, including date, court, type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type, sanctions to counsel, if any, and the protections provided from sanctions by Federal Rule of Civil Procedure 37(e) The survey identified 401 sanction cases and 230 sanction awards and showed that sanction motions and awards have increased over time, particularly in the last five years Sanctions against counsel are rare but are also increasing Sanction motions have been filed in all types of cases and in courts across the country Failure to produce ESI is the most common basis for sanctions Courts have used a variety of different rules, statutes, and powers to sanction parties for e-disco very violations, including Rule 37 and the inherent power of the court, and courts impose many different sanction types on e-discovery violators, including the severe sanctions of dismissal, default Judgment, adverse jury instructions, and sizeable monetary awards Rule 37(e) has not provided broad protection from such sanction

Physical properties of sediment from the Mount Elbert Gas Hydrate Stratigraphic Test Well, Alaska North Slope

This paper is not subject to U.S. copyright. The definitive version was published in Marine and Petroleum Geology 28 (2011): 361-380, doi:10.1016/j.marpetgeo.2010.01.008.This study characterizes cored and logged sedimentary strata from the February 2007 BP Exploration Alaska, Department of Energy, U.S. Geological Survey (BPXA-DOE-USGS) Mount Elbert Gas Hydrate Stratigraphic Test Well on the Alaska North Slope (ANS). The physical-properties program analyzed core samples recovered from the well, and in conjunction with downhole geophysical logs, produced an extensive dataset including grain size, water content, porosity, grain density, bulk density, permeability, X-ray diffraction (XRD) mineralogy, nuclear magnetic resonance (NMR), and petrography. This study documents the physical property interrelationships in the well and demonstrates their correlation with the occurrence of gas hydrate. Gas hydrate (GH) occurs in three unconsolidated, coarse silt to fine sand intervals within the Paleocene and Eocene beds of the Sagavanirktok Formation: Unit D-GH (614.4 m–627.9 m); unit C-GH1 (649.8 m–660.8 m); and unit C-GH2 (663.2 m–666.3 m). These intervals are overlain by fine to coarse silt intervals with greater clay content. A deeper interval (unit B) is similar lithologically to the gas-hydrate-bearing strata; however, it is water-saturated and contains no hydrate. In this system it appears that high sediment permeability (k) is critical to the formation of concentrated hydrate deposits. Intervals D-GH and C-GH1 have average “plug” intrinsic permeability to nitrogen values of 1700 mD and 675 mD, respectively. These values are in strong contrast with those of the overlying, gas-hydrate-free sediments, which have k values of 5.7 mD and 49 mD, respectively, and thus would have provided effective seals to trap free gas. The relation between permeability and porosity critically influences the occurrence of GH. For example, an average increase of 4% in porosity increases permeability by an order of magnitude, but the presence of a second fluid (e.g., methane from dissociating gas hydrate) in the reservoir reduces permeability by more than an order of magnitude.This work was supported by the Coastal and Marine Geology, and Energy Programs of the U.S. Geological Survey and funding was provided by the Gas Hydrate Program of the U.S. Department of Energy

Evaluating the Impact of a ‘Virtual Clinic’ on Patient Experience, Personal and Provider Costs of Care in Urinary Incontinence: A Randomised Controlled Trial.

Objective: To evaluate the impact of using a ‘virtual clinic’ on patient experience and cost in the care of women with urinary incontinence. Materials and Methods: Women, aged > 18 years referred to a urogynaecology unit were randomised to either (1) A Standard Clinic or (2) A Virtual Clinic. Both groups completed a validated, web-based interactive, patient-reported outome measure (ePAQ-Pelvic Floor), in advance of their appointment followed by either a telephone consultation (Virtual Clinic) or face-to-face consultation (Standard Care). The primary outcome was the mean ‘short-term outcome scale’ score on the Patient Experience Questionnaire (PEQ). Secondary Outcome Measures included the other domains of the PEQ (Communications, Emotions and Barriers), Client Satisfaction Questionnaire (CSQ), Short-Form 12 (SF-12), personal, societal and NHS costs. Results: 195 women were randomised: 98 received the intervention and 97 received standard care. The primary outcome showed a non-significant difference between the two study arms. No significant differences were also observed on the CSQ and SF-12. However, the intervention group showed significantly higher PEQ domain scores for Communications, Emotions and Barriers (including following adjustment for age and parity). Whilst standard care was overall more cost-effective, this was minimal (£38.04). The virtual clinic also significantly reduced consultation time (10.94 minutes, compared with a mean duration of 25.9 minutes respectively) and consultation costs compared to usual care (£31.75 versus £72.17 respectively), thus presenting potential cost-savings in out-patient management. Conclusions: The virtual clinical had no impact on the short-term dimension of the PEQ and overall was not as cost-effective as standard care, due to greater clinic re-attendances in this group. In the virtual clinic group, consultation times were briefer, communication experience was enhanced and personal costs lower. For medical conditions of a sensitive or intimate nature, a virtual clinic has potential to support patients to communicate with health professionals about their condition

Response to Emerging Infection Leading to Outbreak of Linezolid-Resistant Enterococci

These bacteria have emerged as a hospital problem that appears to be caused by both linezolid exposure and patient-to-patient transmission

Occupational health and safety disclosures in sustainability reports: An overview of trends among corporate leaders

The purpose of this study is to assess the comprehensiveness of voluntary occupational health and safety (OHS) disclosures of large business entities. We devise a composite disclosure index, relying on well‐established performance indicators, and focus on the information found in the sustainability reports of corporations pertaining to the oil and gas, chemical, airline, and construction industries, in an attempt to shed light on the current status and emerging trends in OHS reporting from a diverse group of business entities. The findings indicate that companies tend to place emphasis on their overall management approach to OHS, but fall short in reporting quantitative and qualitative information beyond the ‘conventional’ metrics of occupational injury rates. OHS issues within the supply chain and relevant monitoring systems/mechanisms in place are topics that are underreported, while OHS training programmes are an aspect that is inadequately analyzed in quantitative terms, being the least reported indicator in the sample reports. In contrast, companies from all four industries seek assurance for the OHS information that they report and place emphasis on the externally developed management standards/initiatives that they subscribe to, support, or have adopted

Understanding Intracellular Biology to Improve mRNA Delivery by Lipid Nanoparticles

Poor understanding of intracellular delivery and targeting hinders development of nucleic acid‐based therapeutics transported by nanoparticles. Utilizing a siRNA‐targeting and small molecule profiling approach with advanced imaging and machine learning biological insights is generated into the mechanism of lipid nanoparticle (MC3‐LNP) delivery of mRNA. This workflow is termed Advanced Cellular and Endocytic profiling for Intracellular Delivery (ACE‐ID). A cell‐based imaging assay and perturbation of 178 targets relevant to intracellular trafficking is used to identify corresponding effects on functional mRNA delivery. Targets improving delivery are analyzed by extracting data‐rich phenotypic fingerprints from images using advanced image analysis algorithms. Machine learning is used to determine key features correlating with enhanced delivery, identifying fluid‐phase endocytosis as a productive cellular entry route. With this new knowledge, MC3‐LNP is re‐engineered to target macropinocytosis, and this significantly improves mRNA delivery in vitro and in vivo. The ACE‐ID approach can be broadly applicable for optimizing nanomedicine‐based intracellular delivery systems and has the potential to accelerate the development of delivery systems for nucleic acid‐based therapeutics

The impact of personalisation on people from Chinese backgrounds: accounts of social care experience

The limited research that considers people from black and minority ethnic communities experiences of personalisation tends to focus on personal budgets rather than personalisation per se. This article provides an opportunity to hear the voices of people from Chinese backgrounds and their experiences of personalisation. The study used individual semi-structured interviews and focus groups to collect data from people from Chinese backgrounds who lived in England, were aged between 18 and 70 and received social care for a physical disability. Data were analysed using an iterative and thematic approach, with early analysis informing the subsequent analytical rounds. The findings reveal that personalisation has the potential to transform the lives of people from Chinese backgrounds, especially when tailored support is available for people to understand and access personal budgets and put them to creative use. However, the impact of personalisation is barely evident because few eligible individuals access personal budgets or participate in co-production. This is related to a lack of encouragement for service users to become genuine partners in understanding, designing, commissioning and accessing a diverse range of social care services to meet their cultural and social care needs

Social Class

Discussion of class structure in fifth-century Athens, historical constitution of theater audiences, and the changes in the comic representation of class antagonism from Aristophanes to Menander