Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
A Foreign Experience: Arbitrating Insurance Coverage Disputes in London
Many insurance policies now include arbitration provisions providing that disputes be arbitrated in London under the substantive law of New York. To policyholders, the “deck” in an international insurance arbitration appears to be stacked in favor of the insurance company, if only because the insurance company ' a repeat player in London arbitrations ' knows the results of its past arbitrations and the policyholder (and its counsel) likely does not. However, with careful strategy and preparation, a policyholder can prevail even in a “foreign experience” in international insurance arbitration.
The policy form that began the London arbitration trend is the “Bermuda form” sold by companies like ACE Insurance Company, Ltd., and XL Insurance Company, Ltd. Except for a brief time when some Bermuda insurance policies required arbitration in Bermuda, the Bermuda form, since its inception in the mid-1980s, has included a London arbitration provision. Although, for many years, most disputes arising under the Bermuda form were settled, insurance disputes arising under the Bermuda form increasingly, in my experience, are arbitrated, either because Bermuda insurers, like insurers of yore, decide to litigate disputes or because the policyholder is unable to obtain redress (or even a response) otherwise.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.