In today’s complex work of insurance, many insurance risks are “reinsured” by a separate insurance carrier. In those instances, it is not unusual for insurers and reinsurers to have regular communications concerning the insured, and in particular, concerning matters about which they both have an interest. Most of the time, the insurer and reinsurer consider such communications to be confidential, and not subject to discovery. However, whether seemingly confidential communications between insurers and reinsurers is discoverable in litigation involving an underlying insured is not a clear cut question. Outside of Texas, there is a split of authority regarding the issue of discoverability of reinsurance communications. A recent order issued by the Northern District of Texas demonstrates that such communication can be discoverable if an insured can persuade the court that the sought after information is relevant to his or her underlying claims.
A few weeks ago, I discussed whether it was possible to go paperless. I want to pick up where I left off and drop a few more tips for how to go paperless and why it’s important. For me, as a solo practitioner, I have to be efficient. It’s how I keep an edge over other small firms and how I level the playing ground with big firms. But, it’s not all about competing with others. I reduce my paper use because I am just way too busy to spend 3 hours doing something that I could do in 30 minutes.
Also, just to be clear, when I say “paperless,” I really mean “mostly paperless.” It is not possible or practical to go entirely paperless in this current decade, but I think that the less paper we use, the better.
Ed note: This post originally appeared on Peter S. Vogel’s Internet, Information Technology & e-Discovery Blog.
A Judge ruled it was unreasonable to ask Apple “to execute a search warrant” which “could pose problems, as non-government employees, untrained in the details of criminal investigation, likely lack the requisite skills and expertise to determine whether a document is relevant to the investigation” according to a report in Computerworld. On August 7, 2014 Chief Judge Richard W. Roberts (US District Court, District of Columbia) in the case of In the Matter of the Search of Information Associated with [REDACTED]@mac.com that is Stored at the Premises Controlled by Apple, Inc. reversed an earlier decision by a Magistrate Judge which “refused to allow a two-step procedure whereby law enforcement is provided all emails relating to a target account, and is then allowed to examine the emails at a separate location to identify evidence.”
- ACLU, Baseball, Google / Search Engines, Intellectual Property, Job Searches, Laurence Tribe, Non-Sequiturs, Prostitution, Sex, Technology, Trademarks
* Suit filed questioning the parentage of Blue Ivy Carter. Plaintiff claims to be the real… mother? Hm. You’d think that would be pretty easy for everyone to remember. [International Business Times]
* The Washington D.C.-area NFL team has filed suit to get its trademark back. They think the USPTO are Indian Givers. [DCist]
* The ACLU is asking courts to define “freedom of the press” in the wake of Ferguson. I understand their impulse, I just don’t think they’re gonna like the answer. [Fox2Now]
* A 71-year-old lawyer allegedly called two escorts over to his house and they asked for more money. Even for rich lawyers it’s the principle of the thing. [South Florida Lawyers]
* Sad to see Professor Larry Tribe join the “let’s blame the teachers instead of funding public schools” parade. But now that he’s become a high-profile supporter of ending tenure for those teaching the young, perhaps he’ll renounce his own tenure. Or at least fight to revoke it from all his colleagues. [National Law Journal]
* A Colombian lawyer is suing FIFA for $1.3 billion over bad officiating. Of all the things FIFA deserves to get sued over, this isn’t making the list. [Washington Post]
* Congratulations to Rob Manfred, a Harvard Law grad formerly of Morgan Lewis, on his promotion to MLB Commissioner. He will continue the proud tradition of keeping us bored all summer long while we wait for football to come back. [New York Times]
Cell Phones Need A Warrant, But Cell Site Location Info Doesn’t? Appellants Challenge Government’s AssertionsBy Techdirt
The Supreme Court’s recent finding that warrantless cell phone searches are unconstitutional is already generating some pretty interesting arguments in ongoing cases. The government obviously wishes to mitigate the “damage” done by this decision by still doggedly pursuing data through warrantless methods.
In this particular case, the government is arguing that it has every right to access cell site location information (CSLI) without a warrant, claiming that the Riley decision solely pertains to the contents of cell phones. Obtaining CSLI without a warrant is still Constitutionally-dubious, however. One state court and a federal court have held that this information should only be obtained with a warrant. In the prior case, it was found that the state’s Constitution provided more protection than the US Constitution and in the latter, the finding was very narrowly tailoredto the case at hand, making it very difficult to apply to others cases, even under the same jurisdiction.
* A murder suspect grabbed his phone and asked Siri to help him dispose of a dead body. I’ll bet Siri gave him s**tty directions on doing that, too. [USA Today] UPDATE 8/14/14 5:16 p.m.: Hey what do you know, USA Today is overselling the story a tad! Still, someone performed this search and he seemed to approve enough to have the photo.
* Congratulations to Brooklyn Law School’s BLIP clinic for successfully fighting off a patent troll. How’s that for practical law school experience! [Medium]
* “As long as there is demonstrated interest and commitment by sufficiently financed local owners and a dedicated, passionate local fan base, leagues prefer not to move teams.” So says Buffalo Law professor Nellie Drew. Shhh. Don’t tell her about where the Baltimore Ravens came from, it would break her heart. [University of Buffalo]
* We get more worked up about law students charged with crimes. Like murder and arson. I mean, obviously Above the Law does because that’s part of our beat, but I mean “we” as in everybody. Why is that? [Law and More]
* Avvo just released a new iPhone app for lawyers. Among the new features is an opportunity to be alerted as soon as a question in your practice area is asked. [Avvo]
* Ha. This cartoon. [Twitter]
* After a two-year absence, we welcome VC Deal Lawyer back to blogging! [VC Deal Lawyer]
Sanctions, like shipwrecks . . .
Most of the iceberg unseen,
is what drowns Leo
For much of eDiscovery’s short history, the primary sales and marketing model has been to push FUD—hard. What’s FUD? It’s Fear Uncertainty and Doubt, and it was allegedly invented by IBM but later made famous by Microsoft, back when it was the most feared company in the technology world (yes, really).
How does FUD work? Something pretty much like this: Start with an uncomfortable and invasive procedure and add a scary giant-head guy (or maybe we substitute a scary judge) to pop up when you least expect it. How to make the FUD go away? Hand over your cash, and lots of it, to the eDiscovery vendors.
- 4th Circuit, Biglaw, Cars, Crime, Gay Marriage, Law Schools, Morning Docket, Murder, SCOTUS, Supreme Court, Technology
* Cleary Gottlieb lost some historic cases during the first half of 2014, including one for $50 billion, but not to worry, “the firm is proud of the work Cleary lawyers do every day.” [Am Law Daily]
* The Fourth Circuit is refusing to issue a stay in Virginia’s gay marriage case, so the state will be for all lovers starting next week unless SCOTUS decides to step in. [National Law Journal]
* Thomas M. Cooley Law School has now officially become the Western Michigan University Thomas M. Cooley Law School. If only a new name could clear its reputation. [MLive.com]
* It’s not every day that a law student with a criminal history is arrested on murder charges, but Tuesday was that day for one student. We’ll have more on this later. [San Antonio Express-News]
* “Glass is built to connect you more with the world around you, not distract you from it.” Google sure is optimistic about Glass, but several states aren’t, and have already proposed driving bans. [WSJ Law Blog]
Stop what you’re doing! Take a journey with us to the alternative side of the legal profession for the next few minutes (and through our ongoing column). There is a revolution happening in the practice of law. And you should join it. Or, at the very least, break out the fanny packs and the binoculars and watch. For now, stop your SmartTimer and get off the clock… because as it turns out, reading this is NOT billable. Maybe try your favorite non-billable code, like “professional development.”
Here’s the newsflash: entrepreneurs and innovators are changing the legal profession for the better, having fun, and making real money in the process. The unstoppable forces of modern business — technology, globalization, the need for sleep/food/conjugal visits — are at the gates and climbing the highly defensible ivory tower….