The Complex Insurance Coverage Action's Case Management Process: From Complaint Until Trial --The Policyholder's Perspective
John E. James of Potter Anderson & Corroon LLP
Policyholders and their counsel often are under the impression that efficient litigation management is a one-sided affair. While the objective for them, as with virtually all plaintiffs, is to obtain recovery as soon as the administration of justice in a particular jurisdiction will permit, insurance companies and their counsel appear in many cases to seek the opposite.
The New World of SEC Enforcement
David B. Bayless of Morrison & Foerster LLP
The Sarbanes-Oxley Act has provided the Enforcement Division of the Securities and Exchange Commission with significant new enforcement tools, including new causes of action, new remedies, and new regulators.
E-Mail and Attorney-Client Privilege
Tew & Associates
In today's business world, e-mail is virtually indispensable. Because e-mail is such an instantaneous, affordable,.
Health Industry Alert--July 15, 1999
Akin Gump Strauss Hauer & Feld LLP
The U.S. Department of Justice's war against health care fraud continues to escalate. Vice President Gore recently announced that the Clinton Administration will propose legislation designed to increase the arsenal of weapons used by federal prosecutors and investigators to combat "waste, fraud and abuse" by providers.
Internal Investigations
Songstad & Randall
It is no secret that employment related lawsuits have increased significantly over the years.
Labor & Employment Update--January 1998
Brobeck Phleger & Harrison LLP
This update contains articles entitled: You Snooze, You LoseÃÂEmployer Loses Right To Arbitrate Because Of Delay; At-Will Employers Have The Right To Unilaterally Change Wage Rate; Workplace Investigations Conducted By Attorneys May Not Be Privileged; EEOC Issues New Guidance for Contingent Workforce; and Cop's Sensitivity To "Noogie" Is Not A Disability.
JCAHO Sentinel Events Policy -- Advantages, Disadvantages of Self Reporting
Waller Lansden Dortch & Davis LLP
The Joint Commission on Accreditation of Healthcare Organizations' (JCAHO) revised Sentinel Events Policy is now in.
Common Issues Facing Corporate Compliance Officers
Thomas E. Boyle of Buchanan Ingersoll & Rooney PC
I. Our organization has uncovered a billing error that has been going on for some time within our organization.
Massachusetts Evidentiary Privileges
Paul E. Nemser of Goodwin Procter LLP
This book describes in detail the Massachusetts law of evidentiary privileges, as well as related disqualifications and protections. It also sketches out the federal law of evidentiary privileges, with emphasis on cases from the First Circuit Court of Appeals and the U.S. District Court for the District of Massachusetts, to point up differences and similarities with Massachusetts law.
Revisiting the Turncoat Employee
Paul D. Williams of Day Pitney LLP
Reprinted from Vol. 40, No. 6, June 1998 issue of DEFENSE , The Magazine for Defense, Insurance and Corporate Cou.
Your Obligations as a Client
Leipold, Donohue & Shipe, L.L.P.
A lawsuit is a cooperative venture between a client and an attorney. If either side fails to fulfill his .
Corporate Tax Litigation in Canada
The most important event in Canadian tax litigation was the decision of the Supreme Court of Canada on June 24, 2004, to hear two tax cases involving the general anti-avoidance rule ("GAAR"). The cases, Kaulius v. The Queen1 and The Queen v. Canada Trustco Mortgage Company,2 will be the first cases heard by the Supreme Court of Canada where GAAR is the central issue.
Will Willful Infringement Now Wilt aWay?
The "willful" infringement of a patent enables the plaintiff to collect treble damages, as well as attorneys' fees. On September 13, 2004, in Knorr-Bremse Systems Fuer Nutzfahrzeuge GmbH v. Dana Corp., the Federal Circuit overturned 18 years of precedent on how to establish willful infringement in patent cases. After reviewing about 24 amicus curiae briefs, the virtually unanimous en banc court held that when the attorney-client privilege and/or work-product privilege is invoked by a defendant in a patent infringement suit who had sought advice on infringement, it is inappropriate for the trier-of-fact to draw an adverse inference with respect to willful infringement when the opinion is withheld.
Unleashing The Marketing Power of Extranets
Laurence Bodine
This article reviews the positive impact a firm's extranet can have on client development.
Sarbanes-Oxley and "Whistleblowing" by Corporate Lawyers ÃÂ The Untold Story
Thomas E. Spahn of McGuireWoods LLP
By now, every general counsel in America undoubtedly has received courtesy packets from their outside counsel summarizing the SEC's proposed regulations under Sarbanes-Oxley Section 307. However, no summary of the proposed regulations themselves can tell a complete story about the real issue at stake, how that issue has rocked the American Bar Association for decades, and how corporate lawyers (both inside and outside) must already wrestle with the ethics of "whistleblowing."
Federal Antikickback Convictions Chill Hospital-Physician Contractual Relationships
Broad and Cassel
IN United States v. Anderson, No. 98-20030 (D. Kan. transcript filed Mar. 9, 1999) ("Anderson"), a federal jury con.
Work Product Privilege Applies To Reinsurance Documents In Illinois
David W. Kenna of Mound Cotton Wollan & Greengrass
The Federal District Court for the Northern District of Illinois, Eastern Division, recently decided that correspon.
Environmental Issues in Real Estate Transactions
Barry Needleman of McLane, Graf, Raulerson & Middleton, P.A.
Environmental issues routinely arise in all types of real estate transactions, from the sale individual residences to the transfer of large commercial and industrial facilities. Managing the associated risks is almost always possible. The bigger challenge tends be initially spotting environmental issues. Failure to identify and address such issues may result in parties unknowingly assuming substantial liabilities.
Insurance Company Claim Files: Are They Discoverable?
Rick L. Hammond
TABLE OF CONTENTS BACKGROUND SUPREME COURT RULE 201 SUPREME COURT RULE 214 REQUEST FOR PRODUCTION OF CLAIMS.
Year 2000: Factors to Consider in Selecting Outside Counsel
Paul Finigan and Larry Engel of Brobeck Phleger & Harrison LLP
The Year 2000 computing problem has become, or should have become, a high priority item for business leaders worldwide.
Del. Court Rules on Privilege Issues Posed By Lawyer's Multiple Roles in Corporation
Cadwalader, Wickersham & Taft LLP
The Delaware Chancery Court recently provided guidance on analyzing claims of attorney-client privilege in the cont.
Court Finds Attorney-Client Privilege Waived by Failure toPreserve Evidence When IP Enforcement WasContemplated
Nixon Peabody LLP
A recent decision in the long-running battle between Rambus and Infineon Technologies over the enforcement of Rambus's patents and Rambus's role in a standard-setting organization spells dire consequences for failure to preserve evidence when litigation to enforce intellectual property rights is contemplated. The decision also articulated a duty to preserve evidence in connection with anticipated intellectual property enforcement that has potentially sweeping breadth.
Attorney-Client Privilege
Edward M. Andries and Chu, Harold of Carr Maloney P.C.
In a landmark decision, the United States Supreme Court today clarified the scope and duration of the .
Lawsuit or Life? A wrongful termination case demonstrates how both the utility and the limitations on legal advice operate in the real world of lawyering.
Jeff Kichaven of Jeff G. Kichaven
A classic bit of business of the Jack Benny Program involved a masked hoodlum accosting the comic and his friends .
Attorney Client Privilege And Lawyer's Role As Investigator
Hughes Watters Askanase, L.L.P.
In recent years, attorneys have taken a more active role in investigating subrogation potential. One purpose of hav.
Inadvertent Disclosure of Privileged Information
Jonathan B. Cole of Nemecek & Cole, A Professional Corporation
It is every lawyer's worst nightmare. "The" memo - the one directed to the client analyzing in detail the strength.
Federal Circuit Abolishes Negative Inference from Willful Patent
James M. Smith and Daniel B. Pollack of Squire, Sanders & Dempsey L.L.P.
In a landmark decision, the Court of Appeals for the Federal Circuit overruled a long-standing precedent relating to willful patent infringement. In Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmBH v. Dana Corp., 383 F.3d 1337, 1341 (Fed. Cir. 2004) ("Knorr-Bremse"), the Federal Circuit abolished the negative inference that an opinion of counsel was or would have been unfavorable if an alleged infringer fails to produce or obtain an exculpatory opinion of counsel in response to a charge of willful patent infringement.
Screening a Medical Malpractice Case: A Practical Approach
Andy M. Custer of Law Offices of Andy M. Custer
It has been reported in the literature that most cases of medical malpractice do not result in legal intervention.
The Attorney-Client Privilege: Slicing The Lines of Distinction More Thinly
Wendelynne J. Newton of Buchanan Ingersoll & Rooney PC
The significant cases decided in the attorney-client privilege area in the last year or so clearly reflect an evolu.
Does the Attorney-Client Privilege Protect Information Shared with Investment Bankers?
Elinor R. Hoffmann of Coudert Brothers LLP
Imagine yourself in the midst of a major international deal. A European-based corporation and your client, a U.S.
Labor & Employment Update--January 1999
Brobeck Phleger & Harrison LLP
This report contains articles entitled: Court Stays Enforcement of Domestic Partner Benefits Ordinance; Employer's Affirmative Defense That Investigation of Claimed Harassment Does Not Waive Privilege; Tester Posing as Job Seeker Does Not Have Standing to File Lawsuit for Hiring Discrimination; Employment Arbitration Agreements Survive Recent California Legislative and Judicial Challenges; and U.S. Supreme Court Agrees to Decide if a Plaintiff's Social Security Statements Bar ADA Claims.
Corporate Audit Committee Responsibilities: Special Investigations
Michael J. Halloran and David A. Anderson of Pillsbury Winthrop Shaw Pittman LLP
When dealing with special investigations, a key area of concern for general counsel is whether to bring in outside law firms to assist the audit committee, or whether the investigation can be handled in-house. In most cases, the advice of outside counsel working directly for the audit committee, completely independent from any prior dealings with the company, is invaluable. Similarly, the advice of an independent forensic auditor with no prior involvement in the company's financials is crucial.
Corporate Governance Seminar. Seminar Summary of Speaker Michael J. Halloran of Pillsbury Winthrop LLP.
Michael J. Halloran of Pillsbury Winthrop Shaw Pittman LLP
Michael J. Halloran, Senior Partner of the corporate securities group at Pillsbury Winthrop LLP, and former General Counsel and Executive Vice President of Bank of America, was the Chair for the Corporate Governance program. He served as the moderator for the program and posed many hypothetical scenarios to the panelists to facilitate further discussion.
Missouri Paralegal's
Missouri Bar Center
The purpose of this brochure is to help you understand what a paralegal is and the role he or she may play in your case.
Wake Forest Establishes a New Clinic:The Legal Clinic for the Elderly
Law Office of Toni L. Sessoms
Law Kate Mewhinney, managing attorney of Wake Forest's new Legal Clinic for the Elderly, makes a con.
The Legal Checkup - Preventative Medicine for Good Corporate Health
Tillinghast Licht LLP
Health-care providers generally encourage their patients to have regular checkups to spot potential problems before they develop into irreversible, or untreatable conditions. Periodic "legal checkups," or audits, which draw on preventive law techniques, can help corporations (such as hospitals, nursing homes, clinics, laboratories, physician groups, and therapists) anticipate, and guard against, potential legal problems, liabilities, and excessive costs.
Pennsylvania Considers New Confidentiality Privilege for Insurers
Saul Ewing LLP
The Commonwealth becomes the 23rd state to consider industry-sponsored legislation to create a so-called "self-crit.
Environmental, Health & Safety Audits and the Self-Evaluative Privilege
Buchanan Ingersoll & Rooney PC
The proliferation of environmental laws and regulations by federal, state and local governments beginning in the ea.
Effective Case Management: How to Control Litigation Outcomes and Costs
Theodore M. Becker of Marcus, Perres & Campanale
This is the first in a series of three newsletters discussing how to control litigation costs through effect.
Setting Transfer Prices Wisely
Stephen M. Hudspeth of Coudert Brothers LLP
For companies with operations in the United States, there are new developments in the area of US taxation that you.
Corporate-Attorney Client Priviledge
Sidney L. Ravkind of The Ravkind Firm
At a recent seminar conducted by the Association of Corporate Counsel of America (ACCA), the lesson being taught wa.
In House Counsel and the Attorney Client Privilege
Michael A. Lampert of Saul Ewing LLP
When it comes to the successful assertion of the attorney-client privilege, any litigator currently active can tel.
Sarbanes-Oxley "Hotline" Procedures: Who Should Be Doing the Listening?
Gavin B. Grover and Larry M. Spirgel of Morrison & Foerster LLP
Among the many obligations created by the Sarbanes-Oxley Act, there has recently been increased attention to the requirement to implement a "hotline" for confidential and anonymous complaints to the audit committee from whistleblower employees. Although these procedures are not required until at least 2004, many companies are moving for early adoption to show good corporate governance.
High Court Rules on Discovery Application
O'Neal, Webster, O'Neal, Myers, Fletcher & Gordon
On July 8, 1998 Mr. Justice Stanley A. Moore, judge of the BVI High Court of Justice, handed down a written decisio.