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Case Briefs
Umbrella Policy and Automobile Policy Both Held to Constitute Primary Insurance
In Mercury Insurance Co. v. Allstate Insurance Co., 123 Cal. App. 4th 1392 (2004), an insured was involved in an automobile accident. At the time of the accident, the insured had both an automobile insurance policy and a personal umbrella policy. The automobile insurer defended the resulting lawsuit against the insured through its settlement. Thereafter, it brought an action for contribution against the umbrella insurer. It contended that pursuant to California Insurance Code section 11580.9, the umbrella insurer had to pay part of the defense costs. This section provides that when two or more personal policies provide liability insurance applicable to a motor vehicle involved in an accident, “and one policy is primary, and one or more of their personal policies is excess,” then each insurer “shall pay its share of the defense costs.” The umbrella insurer argued that the section applies only to automobile liability policies, but not to a personal umbrella policy.
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.
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.