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
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