How rule 30(b)(6) became a Trojan horse: a proposal for a change
Article Abstract:
Rule 30(b)(6) of the Federal Rules of Civil Procedure places an unfair burden on the defense in litigation by undermining both the work product doctrine and attorney-client confidentiality. Organizations can best protect themselves from the dangers of this rule by structuring internal investigations in a manner that makes as much information as possible privileged. The organization's spokesperson should be well prepared, but is not obligated to share with the court the way in which their knowledge was gleaned.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1996
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Mandatory disclosure - panacea or poison?
Article Abstract:
The mandatory disclosure rules contained in or resulting from Rule 26(a)(1) of the Federal Rules of Civil Procedure have been the subject of much controversy but are amenable to new strategies which can improve their operation. Published literature contains arguments on either side of the controversy. However, attorneys must work around any administrative or ethical problems encountered in an attempt to comply with the spirit of the rules while fully representing their clients.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1997
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Diary for federal civil litigation in the wake of the 1993 amendments to the Federal Rules of Civil Procedure
Article Abstract:
The 1993 amendments to the Federal Rules of Civil Procedure are discussed, as they apply to insurance industry defense litigation. Questions raised by the amendments include their scope and date of effect. A checklist and set of forms meant to aid practitioners in preparing a defense under the new rules of procedure are included and discussed in detail.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1995
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