106 Iowa L. Rev. 1363 (2021)

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Abstract

This Note addresses the current landscape of Employment Practices Liability Insurance (“EPLI”). EPLI provides liability coverage for employers at risk of employment-practices lawsuits alleged by individuals within an organization—for claims such as discrimination, retaliation, or harassment. This Note focuses on the ethical pitfalls facing in-house counsel during the pre-litigation EPLI audit of the insured employer. Following the introduction in Part I, Part II of this Note provides some of the contextual and historical background to the EPLI insurance discussion. Part III of this Note addresses the ethical concerns facing in-house counsel during the prelitigation audit, including confidentiality, attorney–client privilege, work-product doctrine, and conflicts of interest. Part IV of this Note concludes with some proposed solutions to help in-house counsel manage the ethical dilemmas present during the EPLI process.