Tackling the Latest Discovery Issues in Disability Claim Actions from Both the Plaintiff and Defense Perspectives – Conflict of Interest Discovery, the Scope of the Administrative Record, E-Discovery, Proportionality Arguments, and Beyond

January 21, 2016 1:45pm

Ashley B. Abel

Jackson Lewis P.C.

Matthew R. Davis

Gallagher Davis, LLP

Ronald K. Alberts

Gordon & Rees LLP

The Latest Treatment of Conflict of Interest Discovery

  • How have the lower courts been continuing to interpret the scope of discovery in the aftermath of MetLife v. Glenn?
  • The effect of insurer/plan administrator conflicts of interest on the scope of discovery
  • Access to information outside of the administrator’s claim file; requests for evidence outside of the record in “conflicts situations”
    – What are the courts allowing now?

The Scope of the Administrative Record

  • Determining the contents of the administrative record and assessing claims of privilege
  • Best practices for limiting discovery to the administrative record
  • Determining which documents must be disclosed Discovery Requests/Responses in both ID and LTD Claim Cases
  • Identifying the key issues of discovery at the beginning stages of litigation
  • What should the plaintiff request and how can the insurer properly respond to requests?
  • Identifying the appropriate discovery motions to file
  • Avoiding ERISA penalties when responding to document requests

E-Discovery & Proportionality

  • The latest trends, issues and strategies surrounding e-discovery in disability claims
  • Ethical and evidentiary considerations when seeking/exchanging e-discovery
  • What types of discovery is exchangeable; how to make proportionality arguments from the defense side; and perspectives from the plaintiff side