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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...

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...

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...

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...

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 with handling a claim was not discoverable...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...