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UPDATE -- Blurred Lines
In the March 2014 issue, in their article titled 'Blurred Lines,”the authors discussed a number of decisions from various jurisdictions concerning the applicability of the attorney-client privilege and work-product doctrine in the context of an insurer's claims investigation. Among those decisions was National Union Fire Ins. Co. of Pittsburgh, Pa. v. TransCanada Energy USA, Inc., No. 650515/2010, 2013 WL 4446915 (N.Y. Sup. Ct., Aug. 15, 2013). '
In that case, a New York trial court concluded that documents relating to various insurers' claim investigation, most of which were created before the insurers' denial of coverage, were discoverable on three grounds: 1) coverage investigations are an “ordinary business activity for an insurance company” and do not constitute legal advice; 2) because the insurers did not produce evidence showing when the coverage decision was actually made, the court determined that the decision was made when the denial letter was issued, such that any documents created prior to the denial letter are not protected work product or trial-preparation materials; and 3) the attorneys freely communicated with all of the insurers, which are independent third parties to each other, and there was no attempt to segregate the communications or keep them confidential; thus, the common interest privilege exemption did not apply and the parties waived any attorney-client privilege that may have otherwise applied.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.