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Insurance Coverage for Silica Claims
Faced with increasing exposure, corporate policyholders that have or may receive silica-related claims should consider the potential for insurance coverage that may be available to respond and should realize and maximize the full benefit of their insurance policies.
Silica-related claims present many of the same insurance coverage issues as asbestos claims (and other so-called “long-tail” insurance claims). Such issues arising under commercial or comprehensive general liability (“CGL”) policies include the “trigger of coverage,” allocation, the number of occurrences, insurers' efforts to apply pollution exclusions, and timeliness of notice issues. As policyholders and their insurers have long been embroiled in heated disputes over the availability of insurance coverage for the defense costs and liabilities associated with asbestos claims, there is a frame of reference for consideration of these issues. Here, we'll briefly outlines the insurance coverage issues presented by silica claims.
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.
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.
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.