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ABA - E-Discovery in Government Investigations and Criminal Litigation

Event | 04.13.12, 12:00 AM UTC - 12:00 AM UTC

Dealing with electronically stored information (ESI), for clients, prosecutors and defense attorneys, over the years has steadily grown in cost and complexity – with little guidance provided by courts and none from the rules. Tracking the evolution of a case – from the outset of a government investigation to the trial – five panels will discuss the evolving world of e-discovery relating to government investigations and criminal matters, focusing on subpoena compliance; Fourth Amendment issues; post-indictment discovery and trial evidence; social media and cyber ethics; and cost effective approaches to dealing with ESI.

Janet Levine, who is the Chair of the ABA Criminal Justice Section, will provide the welcoming remarks; Steve Byers is the Moderator on the panel entitled, "Investigations and Subpoena Compliance"; Justin Murphy is the Co-Chair of this event and is also the Moderator on the panel entitled, "ESI and the Fourth Amendment"; and Jeane Thomas is one of the panelists on "Cost Effective Approaches to Dealing with ESI."

For more information, please visit these areas: E-Discovery and Information Management

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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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