Discussing a recent ruling that information obtained by an outside auditor is open to discovery, Jonathan Handler tells Massachusetts Lawyers Weekly, "If you use an outside expert, or something someone in your company does, in order to make a claim, assume all of that is going to come out." He went on to say that in cases such as this, "The issue is whether the client is engaged in the regular course of business or something in anticipation of litigation. That’s a difficult line." The judge in Columbia Data Products, Inc. v. Autonomy Corporation Limited, et al. ruled that even though the plaintiff's intent at the time of the audit was only to obtain information for business purposes, and as such the information is not immune to discovery. The article, "Auditor's report discoverable," appeared in the December 27 edition.
The full article is available here; subscription required.
Day Pitney Alert
Steven A. Cash, Benjamin H. Nissim and David Forscey, policy analyst for the Homeland Security & Public Safety Division of the National Governors Association, co-authored an article, "Cybersecurity Is The Next Frontier Of State Regulation," for Law360.
On January 12, in its Stamford office, Day Pitney held a 2-part, complimentary CLE program on cybersecurity issues facing the insurance industry.
Day Pitney Alert
On November 17 – 18, Michael Mullins will speak at the ARIAS U.S. Fall Conference and Annual Meeting at the New York Marriott Marquis.
Day Pitney Press Release
On January 5, Day Pitney hosted a speech by Robert L. Capers, the U.S. Attorney for the Eastern District of New York, to the White Collar Crime Committee of the American Bar Association's Business Law Section (WCCC) at the firm's New York City office.
Eric Fader was quoted in an article, "Unknown Future of ACA Puts Blues Plans In an Uncomfortable Spot Heading Into '17," published in The AIS Report on Blue Cross and Blue Shield Plans.
Bill Goddard was quoted in an article, "4 Key Battles To Watch Over NAIC's Cyber Model Law," in Law360. The article is about the National Association of Insurance Commissioners draft of a model law outlining how insurers must safeguard consumers' information and respond in the event of a data breach.
John McLafferty was quoted in an article,"New pay equity law offers fertile ground for litigation," in Massachusetts Lawyers Weekly.