SNR Denton on In re County of Erie: Second Circuit Adopts Narrow Rule on At-Issue Waiver of Attorney-Client Privilege

Attorney-client privilege plays a particularly important role in insurance bad faith cases. Those with bad faith claims against insurers commonly view the insurer’s communications with its lawyers and the lawyers’ work product as valuable evidence for proving bad faith. Indeed, when trying...

SNR Denton on In re Professionals Direct Insurance Co.: The Sixth Circuit Interprets Boone v. Vanliner

In re Professionals Direct Insurance Co., 578 F.3d 432 (6 th Cir. 2009), passed on the scope of Ohio’s uniquely constricted attorney-client privilege for insurance companies in bad faith cases, as well as on the scope of federal work product protection, finding no clear error in the magistrate’s...

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...

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...

Deloitte Decision Protects Work Product Disclosed to Independent Auditor

D.C. Circuit Court's decision in United States v. Deloitte LLP, et. al. questions Textron and rejects government motion to compel work product disclosed to an independent auditor. On June 29, 2010, the U.S. Court of Appeals for the District of Columbia rejected the Internal Revenue Service's...

Frank Aquila and Melissa Sawyer Speed Reading Series: Top 10 Considerations for Organizing M&A Due Diligence

Excerpt: Planning a significant due diligence process can be daunting, even for experienced deal makers. Some foresight and a little preparation can make the process go smoothly. Spending a few hours at the outset thinking through the process carefully can also save a client a tremendous amount 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 Cedell v. Farmers Insurance: Bad Faith Is Not Enough to Destroy Attorney-Client Privilege on a First-Party Claim in Washington

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Cedell v. Farmers Insurance Co. 1 has clarified Washington law on discoverability of an insurer’s attorney-client privileged material in insurance bad faith litigation. Under Cedell, the “insurer has a right to the attorney...

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...

SNR Denton on Haley v. Allstate Insurance Co.: Does an Insurer's Duty of Good Faith Require It to Assist the Insured in Uninsured Motorist Litigation?

By Jennifer Yu Sacro and William T. Barker, Attorneys, SNR Denton In Haley v. Allstate Insurance Co. , a Washington federal court held that an insurer may incur bad faith liability in the course of defending an uninsured motorist action filed by its insured if the insurer fails to present at trial...

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...

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...

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...

Landmark Decision for Attorney-Client Privilege: Internal Investigations No Longer Protected?

The federal district court in the District of Columbia has issued a groundbreaking decision that held that documents created during a government contractor’s own internal investigation—conducted under the oversight but not direct supervision of the company’s legal department—are...