Insurer Loss of Attorney-Client Privilege With Outside Coverage Counsel: Practitioner Strategies To Limit Fallout
Scope of Waiver, Leveraging Objections to Discovery, Limiting Admissibility, Preparing for Depositions of Outside Counsel
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will offer guidance to insurance practitioners about how to proceed if the insurer's attorney-client privilege or attorney work product immunity with respect to communications with outside coverage counsel is waived or held inapplicable. The panel will review best practices for protecting the communications in the first place, but devote significant attention to how to handle and prepare for discovery and depositions of outside coverage counsel including those who prepared or even ghost-wrote a reservation of rights letter.
Outline
- Protocols for preventing waiver
- Scope of waiver and strategies to limit the waiver
- Post-waiver strategies
Benefits
The panel will discuss these and other key issues:
- What is the scope of the waiver in different situations?
- What are the short and long-term damage of waiver to the specific case and to the category of case?
- What is the effect of loss of privilege or work product status when there are multiple insurers involved in the defense?
- What happens if loss of the privilege/work product reveals facts that result in liability of the policyholder?
Faculty
Jorge A. Maza
Special Counsel
Kennedys Law
Mr. Maza exclusively represents insurers in insurance coverage, bad faith, and commercial litigation matters. He... | Read More
Mr. Maza exclusively represents insurers in insurance coverage, bad faith, and commercial litigation matters. He handles high-exposure insurance disputes involving commercial general liability, errors and omissions, environmental, surety, reinsurance, and commercial property claims. Mr. Maza also counsels clients on claims handling and policy drafting. He frequently lectures on emerging insurance topics and leads seminars for clients on trends in the law, bad faith avoidance, and claims handling protocols.
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Kan M. Nawaday
Partner
Venable
Mr. Nawaday is a seasoned trial, investigations, and criminal defense lawyer. A former Southern District of New York... | Read More
Mr. Nawaday is a seasoned trial, investigations, and criminal defense lawyer. A former Southern District of New York federal prosecutor, he zealously defends clients facing federal and state criminal and civil enforcement actions. Mr. Nawaday draws on his experience of having led more than 100 investigations, involving corruption and financial fraud; campaign finance fraud; bank, tax, and healthcare fraud; and money laundering.
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Jeffrey Shapiro
Partner
Fisher & Phillips
Mr. Shapiro brings a deep understanding of the law with a steadfast commitment to helping employers mitigate risk while... | Read More
Mr. Shapiro brings a deep understanding of the law with a steadfast commitment to helping employers mitigate risk while at the time same fostering safe, diverse and inclusive workforces. He has a demonstrated track record of success over more than 25 years, both in-house and in private practice, counseling and defending employers on a wide range of labor, employment and safety matters, including with respect to Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the National Labor Relations Act, and the Occupational Safety & Health Act. As a seasoned litigator, Mr. Shapiro's unique systems-thinking approach delivers sound, risk-based guidance to employers for more informed choices in furthering their business objectives. Throughout his career, he has been involved in overseeing, conducting and defending serious investigations – both government enforcement investigations and internal workplace investigations. Mr. Shapiro has trained dozens of Human Resources professionals and other business leaders on best practices in conducting fair, impartial and defensible investigations.
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