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Case Briefs
Scope of Coverage Available to Asbestos Installer: 'Aggregate Limits'
The U.S. Court of Appeals for the Fourth Circuit, applying Maryland law, issued a major ruling on Oct. 6, 2004 addressing the scope of available asbestos-related insurance coverage. In re Wallace & Gale Co., No. 02-2389 (4th Cir. Oct. 6, 2004). The court ruled that the aggregate limits for products-completed operations hazards apply to limit the coverage available for bodily injury claims against an asbestos installer. It also ruled that liabilities must be allocated over all periods during which bodily injury occurred, including “periods for which there is no insurance in force or for which there is no coverage by an insurance policy which is in force.”
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.