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Bowman on Representing the Entity Client: A matter governed by Hawaii Rules of Professional Conduct 1.13

Hawaii Rule of Professional Conduct 1.13, Organization as client, guides lawyers whose rendition of professional legal services to organizational clients. In this commentary Addison M. Bowman addresses the identity of the client, the question of joint representation, the rule of client-lawyer privilege...

Laskin on Textron: Accrual Work Papers and Attorney Work Product Doctrine

The United States Court of Appeals for the First Circuit, sitting en banc, has ruled that tax accrual work papers, prepared by a publicly-traded corporation to produce financial statements which are certified by an independent auditor pursuant to federal securities requirements, are not protected from...

Vespole on Employee E-Mails through Personal Email Account Protected by Attorney-Client Privilege

What should an attorney do if, in the course of forensic preservation of electronic discovery for a pending lawsuit, communications between a former employee and his attorney regarding the very same lawsuit are discovered? According to Stengart , regardless of the existence or specific text of a published...

Company Social Media Policies Impacted by NJ Decision

A few days ago (on March 30, 2010) the New Jersey Supreme Court handed down a decision that is certain to have significant implications in social media policy circles. In Stengart v Loving Care Agency (2010 N.J. LEXIS 241), Plaintiff Stengart, in anticipation of a lawsuit against her employer, Loving...

Lauer on Hotlines and the Role of Privileged Communications

Read Steve Lauer's analysis on how the confidentiality that often attaches to reports received over a corporate whistleblowing hotline, on account of legal requirements or by virtue of a corporate policy or practice, does not equate with either the Attorney-Client Privilege or the Attorney Work Product...

Rabiej on Why Lawyers Should Routineline Request 502d Confidentiality Order

A court order under FRE 502(d) protects a party from the threat of waiving the attorney-client privilege or work-product protection when privileged or protected information is disclosed. Few requests for the court order have been reported, because the bench and bar are unfamiliar with the new rule (enacted...

Gholz on When Does Reliance on Attorney Diligence Waive the Attorney-Client Privilege

In July 2005, an article entitled "Does Reliance on Attorney Diligence Waive the Attorney-Client Privilege?" discussed a decision in Ginter v. Benson , Int. Nos. 105,142 and 105,193. The panel of the trial section acknowledged the importance of the question but ultimately declined to answer...

Determining When There Is a Joint Attorney Client Relation

The question of who is the client and thus the holder of the attorney client privilege in the corporate context can raise difficult questions. Corporations, as artificial creatures, can only speak with counsel through individual employees and agents. This can present questions about the holder of...

Five Recent Cases You Should Know About (9/24/2010)

Larson's Spotlight on Exclusive Remedy, Privileged Communication, Mileage Costs, Fraud, Hernia as Consequential Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

SNR Denton on Genovese v. Provident Life & Accident Insurance Co.: Florida Upholds Insurer’s Attorney-Client Privilege in Bad Faith Cases

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Florida law on attorney-client privilege in bad faith cases has been in doubt, after the Florida Supreme Court made a false start and a change of direction. Other courts have disagreed whether the change of direction effectively abrogated...

Goldberg Segalla’s Professional Liability Monthly – October, 2011

Lexis.com subscribers may access the enhanced versions of the cases below. Non-subscribers may access the free, unenhanced versions on lexisONE , if available. In this month's edition: DIRECTORS AND OFFICERS Questions of Fact Preclude Dismissal of Suit Based Upon Business Judgment Rule...

Communications Between DOJ Attorneys Representing Separate Agencies Ordered Disclosed

By Steven M. Siros, Partner, Jenner & Block DOJ attorneys representing the United States Army Corps of Engineers (the "Corps") and the United States Environmental Protection Agency ("EPA") found themselves unable to rely on the attorney work product, attorney-client, or deliberative...

Bullivant Houser Bailey: Washington Supreme Court Announces New Presumption of No Attorney-Client Privilege for First-Party Insurers

By Daniel R. Bentson and Matthew J. Sekits In Washington bad faith actions, first-party insurers now face a presumption that the attorney-client privilege does not apply. In Cedell v. Farmers Ins. Co. of Wash., 2013 Wash. LEXIS 149 (Wash. Feb. 21, 2013) [ enhanced version available to lexis.com subscribers...

SNR Denton on Cedell v. Farmers Insurance Co.: Washington Limits Attorney-Client Privilege in First-Party Bad Faith Cases

By William T. Barker & Ronald D. Kent, Partners, SNR Denton In Cedell v. Farmers Insurance Co., the Washington Supreme Court held that, in a first-party bad faith claim (other than regarding a uninsured or underinsured motorist claim), the insurer's quasi-fiduciary duty of good faith and fair...

Court Rules Insurance Companies Must Produce Documents in Coverage Fight With TransCanada

By Pamela D. Hans , managing shareholder of Anderson Kill's Philadelphia Office On August 15, 2013, the Supreme Court of the State of New York, New York County, rejected arguments by Factory Mutual Insurance Company, AIG, ACE, and Arch, that the work done by their coverage counsel in connection...

Tobacco Whistleblower Merrell Williams Jr. Is Dead, at 72

A paralegal who worked for a law firm in Kentucky that represented Brown & Williamson Tobacco Corporation and who leaked thousands of pages of internal industry memoranda and studies on the addictiveness of cigarettes and the connection between cigarette smoking and health risks, has died. Merrell...

Insurers Ordered to Produce Attorney Reports Evaluating Whether to Deny Coverage

By Seth Lamden The court in National Union Fire Ins. Co. of Pittsburgh, Pa. v TransCanada Energy USA , Inc. , No. 650515/2010, 2013 N.Y. Misc. LEXIS 3735 (N.Y. Sup. Ct., August 15, 2013) [ enhanced version available to lexis.com subscribers ], held that neither the attorney-client privilege...

What Do Clients Want From Their Coverage Attorneys? The Policyholder Coverage Attorney's Perspective

Insurance Policyholder Chair Jill B. Berkeley presented a paper at the ABA Women in Insurance Conference as part of the panel "What Do Clients Want From Their Coverage Lawyers?" In the paper, Jill spells out her perspective on what exactly clients seek in their counsel. Today it extends well...

New York Appellate Court Upholds Finding that Insurance Companies Must Produce Documents in Coverage Dispute

The Appellate Division of the Supreme Court of New York, First Department [ enhanced version available to lexis.com subscribers ] has upheld an August 19, 2013 ruling rejecting arguments by Factory Mutual Insurance Company, AIG, ACE, and Arch, that the work done by their coverage counsel in connection...

New York Appellate Court Rejects Privilege Claim on Insurer Outside Counsel Materials

By Charles A. Jones , and David F. Cutter The First Department of the New York Supreme Court, Appellate Division, has affirmed [ enhanced version available to lexis.com subscribers ] a trial court ruling [ enhanced version available to lexis.com subscribers ] that materials generated by outside...

West Virginia Reviews Attorney-Client Privilege in Insurer/Coverage Counsel Extra-Contractual Claims

By Mark G. Jeffries, Associate On April 10, 2014, the West Virginia Supreme Court of Appeals held in State ex rel. Montpelier U.S. Ins. Co. and Charleston, Revich & Wollitz LLP that the attorney-client privilege protects confidential communications between an insurer and its coverage counsel...

California: Privilege Rules Clarified by Court of Appeal; Update on Stevens v. W.C.A.B.

The Court of Appeal has ordered publication of a decision which confirms the application of Evidence Code 915 to discovery and privilege issues before the W.C.A.B. The Court had initially ordered the decision, Regents v W.C.A.B. (Lappi) , to not be published, but with multiple requests for publication...

California: Limitation on Use of In Camera Review

I. Intent of the Discovery Process Attention: Citations below link to Lexis Advance. The discovery process is intended to be liberally construed in favor of the person seeking information. Of course, that information must be “relevant to the subject matter involved” or appear to be...