Attorney Liability for Aiding and Abetting a Client's Wrongdoing: Law and Ethics
An expert in the field, and seasoned litigator, explains the risks to attorneys of aiding and abetting liability arising from misconduct by their clients. Topics include: (1) assessing the exposure to your practice; (2) how aiding and abetting liability differs from, and complements, conspiracy liability; (3) in-depth analysis of the three required elements of the cause of action; (4) factual matrices exposing attorneys to liability; (5) relevant rules of professional conduct; (6) the "qualified privilege" for attorneys to aid or abet a client's wrongdoing: (7) ethical prohibitions on assisting criminal or fraudulent behavior, (8) ethical requirement to investigate client; (9) ethical requirement to withdraw from certain engagements. The narrative is augmented by graphic diagrams of the crucial cases that enable attendees to truly understand the dynamics in key cases and learn how aiding and abetting law intersects with rules of professional conduct.
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The Insurer's Right and Duty to Settle Claims
Veteran insurance litigator shares analysis, insights, and practice tips for policyholders and insurers on the crucial issue of the "duty to settle." The program will illustrate problems via graphic illustrations and through study problems.
Program topics include:
> financial significance of insurer's duty to settle;
> relationship of duty to defend and duty to settle;
> insurer's duties when demand is in excess of policy limit;
> impact on duty of limits, number of "occurrences," and self-insured retentions;
> importance of evaluation of strengths and weaknesses of underlying action;
> collaboration with insured in addressing demands in excess of the policy limit;
> impact of number of occurrences and prior paid claims on whether a demand is "within the policy limit;"
> impact of coverage dispute upon duty to settle;
> insurer's right to settle without insured's consent.
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Privilege Logs: Law and Practice
Veteran big-case litigator explains the law, rules, and practice governing privilege logs. In the course of the program, he shares the insights and tips he has accumulated over a thirty-year career litigating complex commercial lawsuits. Topics addressed include: 1) Bases for asserting attorney-client and work product privileges; 2) Rationale and purpose of the privilege log requirement; 3) How courts determine untimeliness (and why they find waivers of privilege); 4) Required content of the log; 5) Importance of the "name legend;" 6) How to correctly articulate privilege claims in the privilege log; 7) How to log attachments to emails; 7) How to log "email strings;" 8) Increasing acceptance of "categorical" privilege logs; 9) Using privilege logs in deposition to undermine privilege claims; 10) effective motions practice: challenging their log and defending yours.
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