Wyatt Employment Law Report


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Selecting Counsel Under EPLI Policies

By Michael D. Hornback

hands helping 7175094MediumLitigation is stressful.  The anxiety normally first sets in with the service of the Complaint, even if you anticipated it was coming.  You scurry to talk with your employees who may be witnesses, you amass relevant documents from the personnel file, and you send out a litigation hold requesting that folks preserve all their emails related to the plaintiff.  Fingers crossed, right?

Normally, in conjunction with taking all of the steps noted above, you start thinking about which lawyer and/or firm you want to hire to represent the company.  You have relationships with several different lawyers who have worked with you in the past, some on corporate issues, some on non-employment corporate litigation, and then one or two that have helped you with those thorny day-to-day employee issues.  Your prior employer also had a good lawyer that might fit this case.  Which lawyers have experience dealing with these specific types of claims?  Do any of the lawyers have a good relationship with plaintiff’s counsel?  How well do they know the judge?  All important considerations when you are trying to decide on counsel.

You recently purchased Employment Practices Liability Insurance (“EPLI”), so you make a claim only to learn that you have no ability to select your own counsel.  Under the terms of the policy, the insurance company makes that Continue reading