News & Analysis as of

In Camera Review

"Third-Party Litigation Financing: Mandatory Disclosure on the Horizon?"

The use of third-party litigation financing — generally defined as the funding of litigation activities by entities other than the parties themselves, their insurers or their counsel — continues to increase in the United...more

Court Denies Defendant’s Motion for Production of Documents for In Camera Review: eDiscovery Case Law

by CloudNine on

In Portland Pipe Line Corp. et. al. v. City of South Portland et. al., No. 15-00054 (D. Maine, Sept. 8, 2016), Maine Magistrate Judge John H. Rich, III denied the defendants’ motion to compel the production of documents...more

Guest Post -- It’s No Crime: Ninth Circuit Gets Crime-Fraud Exception Case Mostly Right

by Reed Smith on

2016 is well underway and some of us have already abandoned our well-intentioned New Year’s resolutions. But for those who might be thinking about weight loss, here’s a cautionary tale with a pretty happy ending from our...more

Rhode Island Supreme Court Closes Door To In Camera Review In Certain Circumstances

In addressing an issue of first impression under Rhode Island law, the Rhode Island Supreme Court has held that a trial justice may not make decisions on the merits based on documents submitted in camera....more

Everyone Gets To See The Evidence: The California Court Of Appeal Rejects an Attorneys’ Fee Award Based On The Trial Court’s In...

In Concepcion v. Amscan Holdings, Inc. et al., — Cal.Rptr.3d —-, 2014 WL 595822 (Cal.App. 2 Dist. Feb. 18, 2014) the California Court of Appeal rejected class counsel’s fee award where class counsel’s billing records were...more

The Washington Supreme Court Holds That in First-Party Bad Faith Litigation There Is a Presumption of No Attorney-Client Privilege

by Cozen O'Connor on

When an insured sues an insurer for bad faith, how much of the claims file maintained by the insurer is discoverable? In a 5-4 decision, the Washington Supreme Court recently weakened insurers’ ability to protect confidential...more

California Court Holds That A Tripartite Attorney-Client Relationship Exists Between A Title Insurer, Its Insured And Counsel...

by Miller Starr Regalia on

Ten years ago, a California Court of Appeal took a relatively narrow view of the attorney-client privilege in conjunction with claims investigation and analysis conducted by a title insurer’s in-house counsel....more

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