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Case Briefs
Buss Stop: Illinois Refuses Insurers' Recovery of Defense Costs
On March 24, 2005, the Illinois Supreme Court reversed the decisions of the lower courts and held that an insurer cannot recoup defense costs after a court finds there is no coverage for the claim. General Agents Ins. Co. of Am., Inc. v. Midwest Sporting Goods Co., __ N.E.2d __, No. 98814, 2005 WL 674685 (Ill. Mar. 24, 2005). The court acknowledged its opinion followed the “minority view,” also adopted by Wyoming, Hawaii, Texas, Pennsylvania and Missouri. California, in the seminal case of Buss v. Superior Court, 16 Cal.4th 35, 939 P.2d 766, 65 Cal. Rptr. 366 (1997), along with Florida, Colorado, Minnesota, Louisiana and Ohio, follow the “majority” position. The stated majority holds that insurers can recoup defense costs when the insurer did not have a duty to defend, the insurer timely and expressly reserved its rights to recover defense costs, and the policyholder has not objected thereto or has accepted the payment for defense costs. Id. at *11.
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.