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Case Briefs
Insurer May Sue Broker for Misrepresentations in Application
In Century Surety Co. v. Crosby Insurance, Inc., 2004 Cal. App. LEXIS 1923 (Cal. Ct. App. Nov. 17, 2004), a California court of appeal addressed an insurer's claim against a broker regarding misrepresentations in an insured's application for coverage. The insurer claimed that the broker knew that the insured was working as a general contractor, but submitted an application for insurance stating that it worked only as a drywall contractor. The insurer claimed that once the insured had been sued, it undertook the insured's defense until it learned that the insured had provided false loss history information in its application. At that point, the insurer withdrew from the defense. It was then sued by the insured for breach of contract and bad faith. At that point, the insurer filed a cross-complaint against the broker, asserting claims for fraud and negligence.
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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.