In this video, “Legal Issues in Coordinating Multijurisdictional Defenses,” Tashia Rasul, partner at Lois Law Firm, discusses how counsel representing the employer in regard to the civil or worker’s compensation proceeding must consider whether the transfer of information, documents, medical records, surveillance materials, etc., creates a disclosure or privilege issue in the other case. In order to do this, counsel must be cognizant of the relevant disclosure requirements in each jurisdiction. Further, counsel must be familiar with the relevant discovery tools available in each jurisdiction.
Some of the topics Tashia discusses include:
- Which side of the house takes the lead on investigation?
- Which parts of the investigation are revealed to which counsel,
- and when?
- What are the applicable privileges, and how could they be abrogated?