TIPS 75th Anniversary


The Brief

Brief Spring 03
The Brief Spring 2003, Vol. 32, No. 3

Past Issues


Index to Volumes 24 through 30

Each issue of The Brief, the Section's quarterly magazine, includes an array of practical articles of interest to plaintiffs' and defense lawyers who practice tort or insurance law.  In addition, the popular "Practice TIPS" section provides practical, how-to advice on practice and litigation matters.

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The Brief
Spring 2003, Vol. 32, No. 3
Article Abstracts

"Elements of the Attorney-Client Privilege"
By John H. Kane and Diane Bucci
This article examines different versions of the privilege enunciated in various courts; discusses communication requirements; reviews who is the client, the legal representative, and an agent; reviews requirements for a communication made for the purpose of seeking legal advice; and discusses confidentiality guidelines.

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"The Crime-Fraud Exception to the Attorney-Client Privilege Outside the Insurance Context"
By Edward R. Batten, Jr.
The crime-fraud exception to the attorney-client privilege can be either a blessing or a curse depending on your client's position in a case. With a thorough understanding of both, you can take all possible proactive steps to prevent disaster and promote success for your client.

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"The Inadvertent Disclosure of Privileged Documents: Current State of the Law"
By Heidi McNeil Staudenmaier and Sara Vrotos
Typically, courts addressing the issue of inadvertent disclosure of privileged documents have adopted one of three main approaches to determining whether the disclosure constitutes a waiver of privilege. Should you face a situation where an inadvertent disclosure of a privileged document occurs, you must be familiar with the approach employed by your jurisdiction.

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"Insurance Bad Faith and the Attorney-Client Privilege"
By Michael Sean Quinn
One of the major legal developments of the last third of the 20th century was the development of a law of first-party insurance bad faith. It has evolved in two forms.

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"The Necessary Disclosures"
By Stephen J. Trichka and Manik K. Rath
Counsel should identify and address the statutory, regulatory, evidentiary, and risk management issues that inform the decision whether, to whom, when, and to what degree to disclose results of an investigation. A company confronted with this decision must carefully balance its competing interests in concealing investigation results from some while disclosing them to others

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"Practical Strategies for Digital Discovery"
By Eric Van Buskirk
Most business documents are now produced in digital form. Consequently, when disputes arise, litigators often require the discovery of digital documents. To mitigate the risks, litigators can benefit from understanding the legal, technological, and practical issues involved in discovering digital data.

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"When Is a Claim Not a "Claim"? What Risk and Insurance Professionals Need to Know"
By Thomas M. Bower
This article reviews case law discussing what constitutes a "claim" under claims-made insurance policies. The defining feature of "claims-made," as opposed to "occurrence," policies is their trigger of coverage. For a variety of reasons, claims-made coverage may often make sense for both policyholders and insurers


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Last Modified on Thursday, May 28, 2009 10:58 AM

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