News & Analysis as of

In Camera Review

Holland & Knight LLP

Providers Negotiating with Doctors Who Have Restrictive Covenants Beware

Holland & Knight LLP on

Providers negotiating with doctors and other medical professionals who are bound by enforceable restrictive covenants is tricky business. By virtue of his/her/their position, these physicians may owe fiduciary duties to the...more

J.S. Held

What Electronic Vehicle Evidence Can Help in a Crash Reconstruction

J.S. Held on

Crash reconstruction is the application of scientific principles to determine what occurred in a collision or other claim. Accident reconstructionists provide their findings to insurance companies or to lawyers eventually...more

Seyfarth Shaw LLP

Texas Court of Appeals Reaffirms Key Principles Concerning the Medical Peer Review Privilege

Seyfarth Shaw LLP on

Introduction - A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more

Farrell Fritz, P.C.

Can The Content Of My Privilege Log Jeopardize My Privilege Claim?

Farrell Fritz, P.C. on

Rule 26(b)(5) of the Federal Rules of Civil Procedure provides that, when a party withholds information otherwise discoverable by claiming the information is privileged or subject to protection as trial-preparation material,...more

Bradley Arant Boult Cummings LLP

Can There Be Implicit Waiver of Attorney-Client Privilege in Insurance Bad Faith Actions? South Carolina Supreme Court Answers...

In June, the South Carolina Supreme Court addressed waiver of the attorney-client privilege in bad faith refusal to provide coverage cases and found that, under South Carolina law, an insurer that asserts its subjective...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - March 2018

The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Proskauer - Minding Your Business

Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged

If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the withheld materials were not privileged, in order get access to those documents?...more

Skadden, Arps, Slate, Meagher & Flom LLP

"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

Adler Pollock & Sheehan P.C.

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

Sheppard Mullin Richter & Hampton LLP

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

Cozen O'Connor

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

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

Miller Starr Regalia

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

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

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide