Avoiding the Legal Pitfalls of Safety Audits and Investigations

Size: px
Start display at page:

Download "Avoiding the Legal Pitfalls of Safety Audits and Investigations"

Transcription

1 Avoiding the Legal Pitfalls of Safety Audits and Investigations R.J. (Randy) Stevenson Baird Holm LLP (402) Copyright 2015, Baird Holm LLP

2 Safety Compliance Audits Benefits Help assure legal compliance Effective tool to reduce injuries and illnesses Pitfalls If obtained by OSHA, may form basis for a citation - and willful classification If obtained by a plaintiff in litigation, may establish the employer s tort liability

3 OSHA s Position on Self-Audits OSHA s Policy July 28, 2000 Final Policy on Self-Audits Auditing is a worthwhile activity OSHA will not routinely request self-audits OSHA will not use such reports as a means of identifying hazards upon which to focus inspection activity

4 OSHA s Position on Self-Audits (cont.) If audit identifies a hazard and the employer has corrected it, no citation will issue (even if existed within last six months) If audit identifies hazard and employer has not completely corrected it but has taken interim precautions, it is evidence of good faith (i.e., a non-willful citation will be issued) If audit identifies a hazard and the employer has not corrected it, no good faith (i.e., a willful citation will likely be issued)

5 OSHA s Position on Self-Audits (cont.) OSHA s Practice OSHA insists that it is not bound by its own policy OSHA has frequently sought audit results during inspections OSHA has issued subpoenas when results are not voluntarily produced

6 Defenses and Privileges OSHA s own 7/28/2000 Final Policy Creates a reasonable expectation that results won t be sought to identify hazards to inspect Numerous courts have recognized a variety of common law privileges that potentially could attach to voluntary workplace safety self-audits to protect them from disclosure

7 Attorney-Client Privilege Most well-developed protection Designed to protect from disclosure confidential communications between attorney and client where attorney is acting in a legal capacity and legal advice is being sought or provided May be waived if the legal advice is disclosed to third parties

8 Attorney-Client Privilege (cont.) Some courts have considered audits to be in the nature of business management or strategic advice rather than legal advice, regardless of the presence of lawyers If audit results are disclosed to third parties so remedial actions can occur, such disclosure may waive the privilege

9 Work Product Doctrine Shields from disclosure materials prepared by an attorney in anticipation of litigation, and where an opposing litigant has no substantial need for the audit report or will not experience undue hardship by its nondisclosure Need likelihood of litigation

10 Work Product Doctrine (cont.) Routine audits are prepared in the ordinary course of business and not for purposes of anticipated litigation and are not protected by this privilege Disclosure of the audit to a third party will also waive the privilege

11 Self-Critical Evaluation Doctrine Generally requires that the: (1) information must result from a selfcritical analysis undertaken by the party seeking protection; (2) public must have a strong interest in preserving the free flow of the type of information sought; and (3) information must be of the type whose flow would be curtailed if discovery was allowed

12 Solis v. Grinnell Mutual Reins. Federal District Court (N.D. Ill. 2011) OSHA subpoena required insurer to disclose loss control audits Held: OSHA s self-audit policy reflects an internal policy and not a rule that creates legal rights in third parties (like Grinnell)

13 Solis v. Grinnell Mutual Reins. (cont.) Policy is directed at self-audits conducted by employers to assess compliance Grinnell Mutual s audit was not a selfaudit conducted by the employer to assess its OSHA compliance

14 Solis v. Grede Wisconsin Subs. Federal District Court (W.D. Wis. 2013) Employer refused OSHA s request during an inspection for self-audits OSHA issued subpoena, employer resisted

15 Solis v. Grede Wisconsin Subs. (cont.) Held: OSHA deliberately raised employers reasonable privacy expectations to induce businesses to perform self-audits OSHA can ask only for those portions of self-audits for which it has independent evidence (i.e., probable cause) of violation or potential violation

16 Solis v. Milk Specialties Co. Federal District Court (E.D. Wis. 2012) OSHA subpoenaed documents prepared post-litigation by VP of EH&S for in-house counsel re: fire safety compliance efforts Company refused to comply based on attorney-client privilege/work product rule Employer has burden to show the work was performed to produce legal advice

17 Solis v. Milk Specialties Co. (cont.) Meeting burden is difficult in the context of in-house counsel because counsel is often involved in business matters as well as legal matters Held: Privilege inapplicable because the purpose of the communications was to provide business advice and not legal advice plus no anticipated litigation

18 Reich v. Hercules, Inc. Federal District Court (D. N.J. 1994) Self-critical analysis privilege is rooted in hospitals reviews of deaths - requiring disclosure would stifle free flow of information contrary to public s interest Privilege recognized in private litigation, but rejected when government seeks document Public s interest is disclosure to government

19 Secy. of Labor v. Delek Refining OSH Review Commission (2011) Considered application of attorney-client privilege to a document prepared by a third party consultant in connection with a self-audit Held: The privilege may apply if a threepart test is met

20 Secy. of Labor v. Delek Refining (cont.) 1. The client must have provided information to the third party, not viceversa (so no privilege where attorney consults the third party to obtain information the client did not have... or employs the third party to gather data through observations of the physical conditions at a client s site)

21 Secy. of Labor v. Delek Refining (cont.) 2. The client must have sought legal advice as opposed to some other kind of advice or information (such as technical or business advice) 3. The attorney must have needed the services of the third party to translate technical information

22 Practical Advice Contact external legal counsel ASAP in the event of a serious accident Legal counsel should direct all serious accident investigations/high-risk audits, and retain third-party consultants Legal counsel s communications should note that the audits are undertaken for the purpose of rendering legal advice and/or are in anticipation of litigation

23 Practical Advice (cont.) All notes and other documentation from the audit should be submitted directly to counsel, not to unnecessary individuals, and never to third parties All notes and other documentation from the audit should be labelled Attorney- Client Privilege/Work Product

24 Practical Advice (cont.) Check existing audit reports Have noted noncompliant items been abated? Have the auditor acknowledge (in writing) any incorrectly noted noncompliant items To be safe, assume that OSHA will eventually review all of your audit reports

25 Questions? Copyright 2015, Baird Holm LLP

An Ounce of Prevention: Effective Use of the Attorney/Client Privilege. Communication of facts to attorney to obtain legal advice and

An Ounce of Prevention: Effective Use of the Attorney/Client Privilege. Communication of facts to attorney to obtain legal advice and An Ounce of Prevention: Effective Use of the Attorney/Client Privilege 1) The Attorney Client Privilege: What is It? Communication of facts to attorney to obtain legal advice and Communication of legal

More information

Texas Environmental, Health and Safety Audit Privilege Act

Texas Environmental, Health and Safety Audit Privilege Act Texas Environmental, Health and Safety Audit Privilege Act SCOTT D. DEATHERAGE PARTNER G A R D ERE WYNNE SEWELL, DALLAS S D EATHERAGE@GARDERE.COM Legislation Texas Environmental, Health and Safety Audit

More information

Can You Keep A Secret? How the Attorney- Client and Self-Evaluative Privileges Can Apply to Your Compliance Practice

Can You Keep A Secret? How the Attorney- Client and Self-Evaluative Privileges Can Apply to Your Compliance Practice Can You Keep A Secret? How the Attorney- Client and Self-Evaluative Privileges Can Apply to Your Compliance Practice Pamela J. Grimm grimmp@msx.upmc.edu Associate Counsel UPMC Health System 200 Lothrop

More information

Workshop L. Self-Audits: How to Conduct a Self-Audit, Manage Self-Disclosures & Avoid Penalties. Tuesday, March 18, 2014 2:00 p.m. to 3:15 p.m.

Workshop L. Self-Audits: How to Conduct a Self-Audit, Manage Self-Disclosures & Avoid Penalties. Tuesday, March 18, 2014 2:00 p.m. to 3:15 p.m. Workshop L Self-Audits: How to Conduct a Self-Audit, Manage Self-Disclosures & Avoid Penalties Tuesday, March 18, 2014 2:00 p.m. to 3:15 p.m. Biographical Information Kim K. Burke, Partner, Taft Stettinius

More information

(2) For production of public records or hospital medical records. Where the subpoena commands any custodian of public records or any custodian of hosp

(2) For production of public records or hospital medical records. Where the subpoena commands any custodian of public records or any custodian of hosp Rule 45. Subpoena. (a) Form; Issuance. (1) Every subpoena shall state all of the following: a. The title of the action, the name of the court in which the action is pending, the number of the civil action,

More information

IT COULDN T HAPPEN HERE: The Business and Legal Aspects of Handling Accident and OSHA Inspections

IT COULDN T HAPPEN HERE: The Business and Legal Aspects of Handling Accident and OSHA Inspections IT COULDN T HAPPEN HERE: The Business and Legal Aspects of Handling Accident and OSHA Inspections Moderator: Tracy L. Moon, Jr. Fisher & Phillips LLP tmoon@laborlawyers.com Direct: (404) 240-4246 Cell:

More information

T H E S T A T E B A R O F T E X A S ATTORNEY-CLIENT RELATIONSHIP

T H E S T A T E B A R O F T E X A S ATTORNEY-CLIENT RELATIONSHIP T H E S T A T E B A R O F T E X A S ATTORNEY-CLIENT RELATIONSHIP A client s relationship with a lawyer is unique. Lawyers and clients must be able to communicate freely for clients to receive the help

More information

SSSHHHHH THERE S AN INSURANCE BROKER IN THE ROOM!

SSSHHHHH THERE S AN INSURANCE BROKER IN THE ROOM! ABA Section of Litigation 2012 Insurance Coverage Litigation Committee CLE Seminar, March 1-3, 2012: Hey! Give Me Back That Document! Privilege Issues in Insurance Coverage Disputes SSSHHHHH THERE S AN

More information

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (OSHA) INSPECTION CHECKLIST

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (OSHA) INSPECTION CHECKLIST OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (OSHA) INSPECTION CHECKLIST LABOR AND EMPLOYMENT PRACTICE Occupational Safety & Health Administration (OSHA) has the authority to conduct inspections of workplaces

More information

Case 2:11-cv-01174-TS-PMW Document 257 Filed 02/03/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

Case 2:11-cv-01174-TS-PMW Document 257 Filed 02/03/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION Case 2:11-cv-01174-TS-PMW Document 257 Filed 02/03/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION SALT LAKE CITY CORPORATION, a Utah municipal corporation;

More information

Rule 26. General Provisions Governing Discovery.

Rule 26. General Provisions Governing Discovery. Published on Arkansas Judiciary (https://courts.arkansas.gov) Rule 26. General Provisions Governing Discovery. (a) Discovery Methods. Parties may obtain discovery by one or more of the following methods:

More information

BEWARE: LEGAL PRIVILEGE RULES DIFFER BETWEEN THE U.S. AND THE EU

BEWARE: LEGAL PRIVILEGE RULES DIFFER BETWEEN THE U.S. AND THE EU CLIENT MEMORANDUM BEWARE: LEGAL RULES DIFFER BETWEEN THE U.S. AND THE EU I. Introduction Jurisdictions in the United States and Europe differ significantly in their approach to the privilege afforded to

More information

Corporate Income Tax: Compiling and Maintaining Audit Files Strategies for Preparing an Effective Record for Federal and State Exams

Corporate Income Tax: Compiling and Maintaining Audit Files Strategies for Preparing an Effective Record for Federal and State Exams presents Corporate Income Tax: Compiling and Maintaining Audit Files Strategies for Preparing an Effective Record for Federal and State Exams A Live 110-Minute Teleconference/Webinar with Interactive Q&A

More information

THE CORPORATE COUNSELOR

THE CORPORATE COUNSELOR THE CORPORATE COUNSELOR NOVEMBER 2013 Third-Party Litigation Investing and Attorney-Client Privilege By David A. Prange Civil litigation is potentially expensive, and achieving lucrative outcomes is not

More information

ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT

ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT ETHICAL ISSUES IN THE EMPLOYMENT CONTEXT Mark J. Oberti Oberti Sullivan LLP 723 Main Street, Suite 340 Houston, Texas 77002 (713) 401-3556 mark@osattorneys.com Edwin Sullivan Oberti Sullivan LLP 723 Main

More information

grouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2)

grouped into five different subject areas relating to: 1) planning for discovery and initial disclosures; 2) ESI: Federal Court An introduction to the new federal rules governing discovery of electronically stored information In September 2005, the Judicial Conference of the United States unanimously approved

More information

In this issue: Tax Controversy Services IRS Insights July 2015. IRS Insights Page 1 of 8 Copyright 2015 Deloitte Development LLC

In this issue: Tax Controversy Services IRS Insights July 2015. IRS Insights Page 1 of 8 Copyright 2015 Deloitte Development LLC Tax Controversy Services IRS Insights In this issue: A District Court Holds IRS s Assessment of a Reportable Transaction Penalty was Untimely under Section 6501(c)(10) as IRS Had Been Furnished the Required

More information

ADMINISTRATIVE MANUAL Subject: CORPORATE RESPONSIBILITY 21.49. Directive #: 21.49 Present Date: January 2011

ADMINISTRATIVE MANUAL Subject: CORPORATE RESPONSIBILITY 21.49. Directive #: 21.49 Present Date: January 2011 Page: 1 of 18 Directive #: 21.49 Present Date: January 2011 Original Date: September 2004 Review Date: January 2013 Applicable To: SVHC & Affiliated Companies SVMC SCLM SLH FCPC POLICY In furtherance of

More information

THE IMPACT OF HIPAA ON PERSONAL INJURY PRACTICE

THE IMPACT OF HIPAA ON PERSONAL INJURY PRACTICE THE IMPACT OF HIPAA ON PERSONAL INJURY PRACTICE JEFFREY B. McCLURE Andrews & Kurth L.L.P. Copyright 2003 by Jeffrey B. McClure; Andrews & Kurth State Bar of Texas 19 TH ANNUAL ADVANCED PERSONAL INJURY

More information

UNIVERSITY OF ROCHESTER INFORMATION TECHNOLOGY POLICY

UNIVERSITY OF ROCHESTER INFORMATION TECHNOLOGY POLICY PURPOSE The University of Rochester recognizes the vital role information technology plays in the University s missions and related administrative activities as well as the importance in an academic environment

More information

The Top Ten List (and one) of Changes to the Federal Rules

The Top Ten List (and one) of Changes to the Federal Rules The Top Ten List (and one) of Changes to the Federal Rules The List (1) The rules now refer to electronically stored information, which is on equal footing with paper. Rules 26(a)(1), 26(b)(2), 26(b)(5)(B),

More information

Trends in and Tips for Market Conduct Exams. Agenda

Trends in and Tips for Market Conduct Exams. Agenda Trends in and Tips for Market Conduct Exams Elizabeth Tosaris Partner, San Francisco February 10, 2014 Agenda Introduction and Background Types of Exams Recent Trends Practical Advice 1 Who Has Jurisdiction?

More information

Public Records Act Training. Office of the California Attorney General

Public Records Act Training. Office of the California Attorney General Public Records Act Training Office of the California Attorney General California Constitution, Article 1, Section 3, Subdivision B Constitutional amendment added by Proposition 59 Provides generalized

More information

ACC OF WESTERN PENNSYLVANIA. What In-house Lawyers Need To Know About Internal Workplace Investigations

ACC OF WESTERN PENNSYLVANIA. What In-house Lawyers Need To Know About Internal Workplace Investigations ACC OF WESTERN PENNSYLVANIA What In-house Lawyers Need To Know About Internal Workplace Investigations February 2, 2009 Presented By: Lynn C. Outwater, Esq. Vincent J. Tersigni, Esq. Can be sued if you

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9

Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9 Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9 MARY SOWELL et al., Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION Page 1 of

More information

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS MELISSA XXXXXXXXX, Plaintiff ) ) v. ) CIVIL ACTION NO. 04-xxxxx-MAP ) HXXXXXXX CORPORATION, ) Defendants ) MEMORANDUM IN SUPPORT OF DEFENDANT, XXXXXX

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com

UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE 1 What is ESI? Information that exists in a medium that can only be read through the use of computers Examples E-mail Word Documents Databases Spreadsheets Multimedia

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MEMORANDUM OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MEMORANDUM OPINION AND ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION Kimlyn Cline Plaintiff, v. Advanced Medical Optics, Inc., Defendant. CIVIL ACTION NO. 2:08-CV-62 (TJW) MEMORANDUM

More information

MANAGING THE OSHA INSPECTION Rev (7/2012)

MANAGING THE OSHA INSPECTION Rev (7/2012) MANAGING THE OSHA INSPECTION Rev (7/2012) A. GENERAL PREPARATION BEFORE OSHA KNOCKS 1. Ensure that the official OSHA poster is displayed where notices to employees are customarily posted. 2. Make sure

More information

2016 PA Super 20. Appeal from the Order Entered October 10, 2014 In the Court of Common Pleas of Butler County Civil Division at No: A.D. No.

2016 PA Super 20. Appeal from the Order Entered October 10, 2014 In the Court of Common Pleas of Butler County Civil Division at No: A.D. No. 2016 PA Super 20 TRACY PRICE IN THE SUPERIOR COURT OF PENNSYLVANIA v. SIMAKAS COMPANY, INC., SIMAKAS INC., SIMAKAS CO., SIMAKAS BROTHERS, INC., ALEXANDER SIMAKAS T/D/B/A SIMAKAS BROTHERS, ALL FIELDS ELECTRIC

More information

THE PREROGATIVES OF PRIVILEGES: THE ETHICS OF PROTECTING OUR PLANNING CLIENTS (EVEN FROM THEMSELVES!)

THE PREROGATIVES OF PRIVILEGES: THE ETHICS OF PROTECTING OUR PLANNING CLIENTS (EVEN FROM THEMSELVES!) THE PREROGATIVES OF PRIVILEGES: THE ETHICS OF PROTECTING OUR PLANNING CLIENTS (EVEN FROM THEMSELVES!) 50 TH Annual Heckerling Institute on Estate Planning Orlando, Florida January 12, 2015 STEPHANIE LOOMIS-PRICE

More information

A Shield For Accounting Firm Docs Under PCAOB Inspection

A Shield For Accounting Firm Docs Under PCAOB Inspection Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com A Shield For Accounting Firm Docs Under PCAOB Inspection

More information

Reflections on Ethical Issues In the Tripartite Relationship

Reflections on Ethical Issues In the Tripartite Relationship Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent

More information

Case 5:11-cv-00360-OLG-JES-XR Document 1130 Filed 07/09/14 Page 1 of 5

Case 5:11-cv-00360-OLG-JES-XR Document 1130 Filed 07/09/14 Page 1 of 5 Case 5:11-cv-00360-OLG-JES-XR Document 1130 Filed 07/09/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHANNON PEREZ, ET AL, Plaintiffs, v. RICK

More information

Recommendation 84-7 Administrative Settlement of Tort and Other Monetary Claims Against the Government

Recommendation 84-7 Administrative Settlement of Tort and Other Monetary Claims Against the Government Recommendation 84-7 Administrative Settlement of Tort and Other Monetary Claims Against the Government (Adopted December 7, 1984) In the Federal Tort Claims Act and dozens of other statutes, 1 Congress

More information

Employee Handbooks/ Document Retention Investigations

Employee Handbooks/ Document Retention Investigations Employee Handbooks/ Document Retention Investigations Kate L. Birenbaum Seyfarth Shaw LLP 700 Louisiana, Suite 3700 Houston, Texas 77002-2797 (713) 225-2300 Employee handbooks are important Evidence of

More information

HOUSE BILL 2485 AN ACT AMENDING TITLE 12, CHAPTER 13, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 10; RELATING TO HEALTH AND SAFETY AUDIT PRIVILEGE.

HOUSE BILL 2485 AN ACT AMENDING TITLE 12, CHAPTER 13, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 10; RELATING TO HEALTH AND SAFETY AUDIT PRIVILEGE. House Engrossed State of Arizona House of Representatives Fifty-first Legislature First Regular Session HOUSE BILL AN ACT AMENDING TITLE, CHAPTER, ARIZONA REVISED STATUTES, BY ADDING ARTICLE ; RELATING

More information

Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies. Teleconference Program Wednesday, March 29, 2006

Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies. Teleconference Program Wednesday, March 29, 2006 Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies Teleconference Program Wednesday, March 29, 2006 Topic III A. Who is suing? Does it matter? 1. Whether suit is brought by

More information

Comparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND

Comparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND Comparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND Preamble Scope Rule 1.0 Rule 1.1 Rule 1.2 Rule 1.3 Rule 1.4 Rule 1.5 Rule 1.6 Rule 1.7 Rule 1.8

More information

New E-Discovery Rules: Is Your Company Prepared?

New E-Discovery Rules: Is Your Company Prepared? November 2006 New E-Discovery Rules: Is Your Company Prepared? By Maureen O Neill, Kirby Behre and Anne Nergaard On December 1, 2006, amendments to the Federal Rules of Civil Procedure ( FRCP ) concerning

More information

Ethical and Professional Responsibility Issues in Environmental Law. Ted Bosquez Vinson & Elkins L.L.P.

Ethical and Professional Responsibility Issues in Environmental Law. Ted Bosquez Vinson & Elkins L.L.P. Ethical and Professional Responsibility Issues in Environmental Law Ted Bosquez Vinson & Elkins L.L.P. Overview Voluntary Self-Disclosure Mechanisms Ethical Considerations in Self-Disclosure Scenarios

More information

What to Expect Following a Fatal Accident

What to Expect Following a Fatal Accident What to Expect Following a Fatal Accident Portions of this document have been prepared by Sherman & Howard, L.L.C. Contents Introduction... 3 Frequently asked questions following a fatal accident... 3

More information

Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery

Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery 1 PROFESSIONALS MILLER CANFIELD LAW FIRM B. Jay Yelton III Michigan's New E-Discovery Rules Provide Ways to Reduce the Scope and Burdens of E-Discovery To a large extent Michigan's new e-discovery rules

More information

Knowhow briefs Privilege

Knowhow briefs Privilege Knowhow briefs Privilege Executive summary: A party has an absolute right to withhold a privileged document from production to a third party. It is only necessary to claim privilege in respect of documents

More information

E-Discovery in Practice: A Roadmap for Financial Institutions

E-Discovery in Practice: A Roadmap for Financial Institutions E-Discovery in Practice: A Roadmap for Financial Institutions Martha R. Mora Martha R. Mora, Esq. ARHM&F Avila Rodriguez Hernandez Mena & Ferri LLP 2525 Ponce de Leon Blvd., Suite 1225, Coral Gables, Florida

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. v. * Civil Action No.: RDB 10-1895 MEMORANDUM OPINION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. v. * Civil Action No.: RDB 10-1895 MEMORANDUM OPINION Joel I. Sher, Chapter 11 Trustee, * IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Plaintiff, * v. * Civil Action No.: RDB 10-1895 SAF Financial, Inc., et al., * Defendants. * * * * *

More information

Defendant: PROGRESSIVE CASUALTY INSURANCE COMPANY COURT USE ONLY Counsel for Plaintiff: Marc R. Levy, #11372

Defendant: PROGRESSIVE CASUALTY INSURANCE COMPANY COURT USE ONLY Counsel for Plaintiff: Marc R. Levy, #11372 GRANTED Movant shall serve copies of this ORDER on any pro se parties, pursuant to CRCP 5, and file a certificate of service with the Court within 10 days. Dated: May 27, 2010 DISTRICT COURT, CITY AND

More information

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys

Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys By Ronald S. Allen, Esq. As technology has evolved, the federal courts have

More information

Predictability in E-Discovery

Predictability in E-Discovery Predictability in E-Discovery Presented by: John G. Roman, Jr. National Manager, Practice Group Technology Services Nixon Peabody LLP Tom Barce Assistant Director of Practice Support Fulbright & Jaworski

More information

Employment Rights Under the Americans with Disabilities Act

Employment Rights Under the Americans with Disabilities Act DEVELOPED BY EQUIP FOR EQUALITY UNDER A GRANT PROVIDED BY THE ILLINOIS DEPARTMENT ON AGING DISCRIMINATION Employment Rights Under the Americans with Disabilities Act People with disabilities, including

More information

BUSINESS ASSOCIATE AGREEMENT FOR ATTORNEYS

BUSINESS ASSOCIATE AGREEMENT FOR ATTORNEYS BUSINESS ASSOCIATE AGREEMENT FOR ATTORNEYS This Business Associate Agreement (this Agreement ), is made as of the day of, 20 (the Effective Date ), by and between ( Business Associate ) and ( Covered Entity

More information

NEW RULES FOR ELECTRONICALLY STORED INFORMATION

NEW RULES FOR ELECTRONICALLY STORED INFORMATION April 3, 2007 NEW RULES FOR ELECTRONICALLY STORED INFORMATION SUMMARY: On December 1, 2006, the federal courts enacted new rules to address electronically stored information ( ESI ) such as emails, reports,

More information

Workplace Safety and Catastrophe Management Practice Group

Workplace Safety and Catastrophe Management Practice Group Workplace Safety and Catastrophe Management Practice Group www.laborlawyers.com The Fisher & Phillips LLP Workplace Safety and Catastrophe Management Practice Group provides strategic assistance to employers

More information

HOUSE BILL No. 4917. July 18, 2013, Introduced by Rep. Heise and referred to the Committee on Judiciary.

HOUSE BILL No. 4917. July 18, 2013, Introduced by Rep. Heise and referred to the Committee on Judiciary. HOUSE BILL No. HOUSE BILL No. July, 0, Introduced by Rep. Heise and referred to the Committee on Judiciary. A bill to amend PA, entitled "Revised judicature act of," (MCL 00.0 to 00.) by adding chapter

More information

Privilege and File Management When Dealing with CRA Audits

Privilege and File Management When Dealing with CRA Audits Privilege and File Management When Dealing with CRA Audits LSUC CLE Taxation Issues for General Practitioners September 22, 2014 Leigh Somerville Taylor Leigh Somerville Taylor PC Mark Tonkovich Baker

More information

Comparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND

Comparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND Comparison of Newly Adopted Rhode Island Rules of Professional Conduct with ABA Model Rules RHODE ISLAND Preamble Scope Rule 1.0 Rule 1.1 Rule 1.2 Rule 1.3 Rule 1.4 Rule 1.5 Rule 1.6 Rule 1.7 Rule 1.8

More information

Litigating the Products Liability Case: Discovery

Litigating the Products Liability Case: Discovery www.goldbergsegalla.com NEW YORK PENNSYLVANIA CONNECTICUT NEW JERSEY UNITED KINGDOM Litigating the Products Liability Case: Discovery New York State Bar Association Buffalo, NY October 22, 2013 Presenter

More information

DISCOVERY IN BAD FAITH CASES

DISCOVERY IN BAD FAITH CASES DISCOVERY IN BAD FAITH CASES Barbara A. O Brien A. The Tort of Bad Faith Bad faith is a separate tort from breach of contract. Anderson v. Continental Ins. Co., 85 Wis.2d 675, 686, 271 N.W.2d 368 (1978).

More information

ANALYSIS OF ORIGINAL BILL

ANALYSIS OF ORIGINAL BILL Franchise Tax Board ANALYSIS OF ORIGINAL BILL Author: Evans Analyst: Deborah Barrett Bill Number: AB 5 See Legislative Related Bills: History Telephone: 845-4301 Introduced Date: December 1, 2008 Attorney:

More information

UTAH. Past medical expenses may be recovered. Plaintiffs must show that they have been injured and,

UTAH. Past medical expenses may be recovered. Plaintiffs must show that they have been injured and, UTAH Rick L. Rose Kristine M. Larsen RAY QUINNEY & NEBEKER P.C. 36 South State Street, Suite 1400 P.O. Box 43585 Salt Lake City, Utah 84111 Telephone: (801) 532-1500 Facsimile: (801) 532-7543 rrose@rqn.com

More information

Opinion #177. Advancing Litigation Costs Through Lines of Credit

Opinion #177. Advancing Litigation Costs Through Lines of Credit Opinion #177. Advancing Litigation Costs Through Lines of Credit Issued by the Professional Ethics Commission Date Issued: December 14, 2001 Facts and Question An attorney has requested an opinion on whether

More information

---------------------------)

---------------------------) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION East Bridge Lofts Property Owners ) Civil Action No. 2: 14-cv-2567-RMG Association, Inc.; Creekstone Builders,

More information

INTERNATIONAL STANDARD ON AUDITING 250 CONSIDERATION OF LAWS AND REGULATIONS IN AN AUDIT OF FINANCIAL STATEMENTS CONTENTS

INTERNATIONAL STANDARD ON AUDITING 250 CONSIDERATION OF LAWS AND REGULATIONS IN AN AUDIT OF FINANCIAL STATEMENTS CONTENTS INTERNATIONAL STANDARD ON AUDITING 250 CONSIDERATION OF LAWS AND REGULATIONS (Effective for audits of financial statements for periods beginning on or after December 15, 2009) CONTENTS Paragraph Introduction

More information

REQUEST FOR PROPOSALS Print/Mail/Postage Services

REQUEST FOR PROPOSALS Print/Mail/Postage Services RFP Print/Mail/Postage REQUEST FOR PROPOSALS Print/Mail/Postage Services For Noridian Healthcare Solutions, LLC 900 42 nd Street South Fargo, ND 58103 RFP Release Date: October 31, 2014 Proposal Due Date:

More information

Assembly Bill No. 5 CHAPTER 5

Assembly Bill No. 5 CHAPTER 5 Assembly Bill No. 5 CHAPTER 5 An act to amend Sections 2016.020, 2031.010, 2031.020, 2031.030, 2031.040, 2031.050, 2031.060, 2031.210, 2031.220, 2031.230, 2031.240, 2031.250, 2031.260, 2031.270, 2031.280,

More information

FACTUAL BACKGROUND. former co-workers of the decedents with whom they worked at common job sites, in common

FACTUAL BACKGROUND. former co-workers of the decedents with whom they worked at common job sites, in common SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION This Document Refers To: WALTER SKY x Index No.: 105281/2000 RECOMMENDATION OF THE SPECIAL MASTER FACTUAL

More information

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods.

Supreme Court Rule 201. General Discovery Provisions. (a) Discovery Methods. Supreme Court Rule 201. General Discovery Provisions (a) Discovery Methods. Information is obtainable as provided in these rules through any of the following discovery methods: depositions upon oral examination

More information

Accounting and Related Services Arbitration Rules and Mediation Procedures

Accounting and Related Services Arbitration Rules and Mediation Procedures Accounting and Related Services Arbitration Rules and Mediation Procedures Rules Amended and Effective February 1, 2015 Available online at adr.org/accounting Table of Contents Introduction.... 6 Standard

More information

Expert Witness Disclosure and Privilege (Federal & New York)

Expert Witness Disclosure and Privilege (Federal & New York) George Sacco, Esq. Purcell & Ingrao GSaccolaw@aol.com September 2, 2011 Expert Witness Disclosure and Privilege (Federal & New York) FEDERAL Federal Rules of Civil Procedure (FRCP) Rule 26(A)(2) governs

More information

DC BAR Non-profit Insurance Webinars

DC BAR Non-profit Insurance Webinars PRESENTATION TITLE DC BAR Non-profit Insurance Webinars Webinar 3 Filing An Insurance Claim Date: January 12, 2011 Presented by: Erica Dominitz and Carl Salisbury, Kilpatrick Townsend LLP Tecla Pinto,

More information

WORKPLACE INVESTIGATIONS: CONSIDERATIONS REGARDING

WORKPLACE INVESTIGATIONS: CONSIDERATIONS REGARDING WORKPLACE INVESTIGATIONS: CONSIDERATIONS REGARDING THE ATTORNEY-CLIENT PRIVILEGE AND THE ATTORNEY WORK PRODUCT DOCTRINE IN USING OUTSIDE COUNSEL TO INVESTIGATE ALLEGED VIOLATIONS OF EMPLOYMENT LAWS IN

More information

Terms and Conditions for Tax Services

Terms and Conditions for Tax Services Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we

More information

Case 2:06-cv-04290-RSWL-JWJ Document 65 Filed 01/31/2008 Page 1 of 11

Case 2:06-cv-04290-RSWL-JWJ Document 65 Filed 01/31/2008 Page 1 of 11 Case :0-cv-00-RSWL-JWJ Document Filed 0//00 Page of 0 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION WALTERS WHOLESALE ) ELECTRIC COMPANY, ) ) Plaintiff, ) ) v. ) ) NATIONAL

More information

Terms and Conditions. 3012436v2 12285.01010

Terms and Conditions. 3012436v2 12285.01010 Terms and Conditions ACCEPTANCE. Except as otherwise agreed in a written agreement signed by both parties, these Terms and Conditions will govern Buyer s purchase order. BI Technologies acceptance of Buyer

More information

DATA USE AGREEMENT RECITALS

DATA USE AGREEMENT RECITALS DATA USE AGREEMENT This Data Use Agreement (the Agreement ), effective as of the day of, 20, is by and between ( Covered Entity ) and ( Limited Data Set Recipient or Recipient ) (collectively, the Parties

More information

Friday 31st October, 2008.

Friday 31st October, 2008. Friday 31st October, 2008. It is ordered that the Rules heretofore adopted and promulgated by this Court and now in effect be and they hereby are amended to become effective January 1, 2009. Amend Rules

More information

MEXICO. Fernando PEREZ CORREA CAMARENA

MEXICO. Fernando PEREZ CORREA CAMARENA MEXICO Fernando PEREZ CORREA CAMARENA SCGPC Abogados Mexico City : Torre Mural, Av. Insurgentes sur # 1605 Piso Suite 3 Col. San José Insurgentes. C.P. 03900 MEXICO D.F. Phone: + (52) (55) 5062-0050 Fax

More information

NO. 5-09-0460 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

NO. 5-09-0460 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 02/09/11. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. NO. 5-09-0460 IN THE APPELLATE COURT

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Case No. 12-CV-1210

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Case No. 12-CV-1210 First American Title Insurance Company v. Westbury Bank Doc. 49 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN FIRST AMERICAN TITLE INSURANCE COMPANY, Plaintiff, v. Case No. 12-CV-1210 WESTBURY

More information

The 2010 Amendments to the Expert Discovery Provisions of Rule 26 of the Federal Rules of Civil Procedure: A Brief Reminder

The 2010 Amendments to the Expert Discovery Provisions of Rule 26 of the Federal Rules of Civil Procedure: A Brief Reminder ABA Section of Litigation 2012 Section Annual Conference April 18 20, 2012: Deposition Practice in Complex Cases: The Good, The Bad, and The Ugly The to the Expert Discovery Provisions of Rule 26 of the

More information

Case 3:12-cv-00165-LRH-VPC Document 50 Filed 06/07/13 Page 1 of 6 UNITED STATES DISTRICT COURT

Case 3:12-cv-00165-LRH-VPC Document 50 Filed 06/07/13 Page 1 of 6 UNITED STATES DISTRICT COURT Case :-cv-00-lrh-vpc Document 0 Filed 0/0/ Page of UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 0 GINA NELSON, Plaintiff, vs. NAV-RENO-GS, LLC, et al., Defendants. :-CV-0-LRH (VPC ORDER 0 This discovery

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) STIPULATION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) STIPULATION 1 1 1 1 1 BOURNE INTERNATIONAL, INC., v. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON Plaintiff, CHET STOLER; SOUTH SEAS TRADING CO., Defendants. STIPULATION NO. C0-0RJB PROTECTIVE ORDER

More information

OSHA s General Duty Clause: A Guide to Enforcement & Legal Defenses

OSHA s General Duty Clause: A Guide to Enforcement & Legal Defenses OSHA s General Duty Clause: A Guide to Enforcement & Legal Defenses Adele L. Abrams, Esq., CMSP Law Office of Adele L. Abrams P.C. www.safety-law.com 301-595-3520 Eastern Office 303-228-2170 Western Office

More information

LEGAL BRIEFS NEWSLETTER CASES & COMMENTS ON WORKERS COMPENSATION March 2011 www.mcdermott-clawson.com March 2011

LEGAL BRIEFS NEWSLETTER CASES & COMMENTS ON WORKERS COMPENSATION March 2011 www.mcdermott-clawson.com March 2011 LEGAL BRIEFS NEWSLETTER CASES & COMMENTS ON WORKERS COMPENSATION March 2011 www.mcdermott-clawson.com March 2011 Privilege Issues In Workers Compensation Cases Your Protections Generally speaking there

More information

In-House Solutions to the E-Discovery Conundrum

In-House Solutions to the E-Discovery Conundrum 125 In-House Solutions to the E-Discovery Conundrum Retta A. Miller Carl C. Butzer Jackson Walker L.L.P. April 21, 2007 www.pointmm.com I. OVERVIEW OF THE RULES GOVERNING ELECTRONICALLY- STORED INFORMATION

More information

COMING: NEW FEDERAL RULES ON E-DISCOVERY

COMING: NEW FEDERAL RULES ON E-DISCOVERY COMING: NEW FEDERAL RULES ON E-DISCOVERY By: M. Sean Fosmire Garan Lucow Miller, P.C. Executive Summary Now that e-filing is up and running, the federal courts have moved on to e-discovery and have adopted

More information

Addressing Abusive Lawyer Conduct in Relation to Litigation Proceedings

Addressing Abusive Lawyer Conduct in Relation to Litigation Proceedings Author: Attorney Dan A. Riegleman N63 W23965 Main Street Sussex, Wisconsin 53089 Prepared: 06/01/10 WHITE PAPER: DR2504 Addressing Abusive Lawyer Conduct in Relation to Litigation Proceedings There are

More information

LSSA Guidelines on the Use of Internet-Based Technologies in Legal Practice

LSSA Guidelines on the Use of Internet-Based Technologies in Legal Practice LSSA Guidelines on the Use of Internet-Based Technologies in Legal Practice LSSA 2014 1 Use of Internet-Based Technologies in Legal Practice LSSA Guidelines Version 1.0 November 2014 2 Foreword Please

More information

Thoughtful Use of the Attorney-Client Privilege and Work Product Doctrine

Thoughtful Use of the Attorney-Client Privilege and Work Product Doctrine Thoughtful Use of the Attorney-Client Privilege and Work Product Doctrine June 19, 2015 Erin R. McClernon Partner Kutak Rock LLP Erin.McClernon@KutakRock.com 1 The Basics: What information does the privilege

More information

STATE OF NEW YORK PUBLIC SERVICE COMMISSION

STATE OF NEW YORK PUBLIC SERVICE COMMISSION COMMISSIONERS PRESENT: Patricia L. Acampora, Chairwoman Maureen F. Harris Robert E. Curry, Jr. Cheryl A. Buley STATE OF NEW YORK PUBLIC SERVICE COMMISSION At a session of the Public Service Commission

More information

INDEPENDENT VIRTUAL ASSISTANT AGREEMENT (Company)

INDEPENDENT VIRTUAL ASSISTANT AGREEMENT (Company) INDEPENDENT VIRTUAL ASSISTANT AGREEMENT (Company) This Independent Virtual Assistant Agreement ( Agreement ) is entered into as of,, by and between, with a principal place of business at ( Company ), and,

More information

The Journey from Legal Technician to Trusted Advisor: Pick up Your Road Map Here

The Journey from Legal Technician to Trusted Advisor: Pick up Your Road Map Here The Journey from Legal Technician to Trusted Advisor: Pick up Your Road Map Here Thursday, April 25, 2013 2013 NATIONAL EMPLOYMENT LAW CONFERENCE APRIL 25 Panel Presentation The Journey from Legal Technician

More information

Arizona s Open Meeting Law. Lynne C. Adams, Lewis and Roca LLP

Arizona s Open Meeting Law. Lynne C. Adams, Lewis and Roca LLP Arizona s Open Meeting Law Lynne C. Adams, Lewis and Roca LLP Intent of the Law The Open Meeting Law is intended to open the conduct of government business to public scrutiny and prevent public bodies

More information

WHITE PAPER. Compliance Challenges: The Best Defense Is A Good Offense

WHITE PAPER. Compliance Challenges: The Best Defense Is A Good Offense WHITE PAPER Compliance Challenges: The Best Defense Is A Good Offense 1 2 3 WHITE PAPER Compliance Challenges: The Best Defense is a Good Offense Heightened scrutiny from federal regulators is increasing

More information

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND Introduction The purpose of this paper is to alert the reader to concepts used in the defense of construction related lawsuits and to suggest how

More information

Public Information Program

Public Information Program Public Information Program Public Records Policy Purpose This policy is adopted pursuant to the Government Records Access and Management Act Utah Code Ann. 63G-2-701 ( GRAMA ) and applies to District records

More information

Office of Chief Counsel

Office of Chief Counsel Department of the Treasury Internal Revenue Service Office of Chief Counsel CC-2004-034 September 10, 2004 Subject: Effect of the Health Insurance Portability and Accountability Act of 1996 Privacy Regulations,

More information

CHAPTER 121 STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS

CHAPTER 121 STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS 18 U.S.C. United States Code, 2010 Edition Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS CHAPTER 121

More information