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The Common Interest Doctrine and the Investigation of First-Party Claims
It is essential for parties to be able to determine with a high degree of certainty whether or not communication will be protected from disclosure by the attorney-client privilege or the work-product doctrine. As the Supreme Court observed, “an uncertain privilege ' is little better than no privilege at all.” Upjohn Co. v. United States, 449 U.S. 383, 393 (1981).
As we noted in an article earlier this year, a recent case in New York state court, National Union Fire Insurance Co. v. TransCanada Energy, USA, Nos. 650515/2010, 400759/2011, 2013 WL 4446917 (N.Y. Sup. Ct. Aug. 15, 2013), aff'd 981 N.Y.S.2d 68, 69'70 (N.Y. App. Div. 2014), determined that the documents under review were not privileged, and went on to observe in dicta that the common interest doctrine would be inapplicable in a circumstance where there was no pending or reasonably anticipated litigation. That comment in TransCanada has the potential to raise uncertainty regarding the scope of protection in the context of the investigation and adjustment of insurance claims, while blurring the lines between attorney-client privilege, on the one hand, and work-product protection on the other. This article reviews the basic principles underlying each form of protection, addresses application of the common interest doctrine to those underlying protections, and discusses concepts key to the application of these protections and the common interest doctrine during the investigation of first-party insurance claims.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.