Academic journal article Defense Counsel Journal

IADC Amicus Briefs

Academic journal article Defense Counsel Journal

IADC Amicus Briefs

Article excerpt

The last association year has been a busy one for the IADC Amicus Curiae Committee. In addition to implementing new guidelines for evaluation of amicus requests, the Committee filed a number of briefs in a variety of cases throughout the country.

Most recently, the California Supreme Court ruled favorably to the position taken by the IADC in Monster Energy v. Schechter. The Court reinstated a lawsuit by Monster against a plaintiff's attorney who breached a confidentiality agreement in a previous settlement. The plaintiff's lawyer signed the agreement, but later argued that because he was not a party to it, and had just "approved [the agreement] as to form and content," he had no obligation to keep the contents of the agreement confidential. The IADC amicus brief explained the importance of settlement and confidentiality to the ability of parties to resolve their disputes, as well as the need to adhere to the reasonable expectations of the parties in signing the settlement contract. The IADC urged the Court to adopt a rule that creates clear standards on how to draft and implement confidentiality clauses that are truly enforceable.

In February 2019, the IADC received a favorable ruling from the Texas Supreme Court in City of Dickinson v. Texas Windstorm, a case involving attorney-client privilege issues. The Court held that the privilege covers a lawyer's communications with an employee-expert, including the lawyer's revisions to the expert's affidavit. Our amicus brief argued that the need for a lawyer's communications with an employee-expert does not override the public policy behind the privilege - encouraging candid communications so the lawyer can provide optimal legal advice. The Court not only adopted that view, but gave an explicit shout-out to the IADC in the opinion for its brief.

In August 2018, the IADC obtained another positive result in Kim v. …

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