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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.
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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.