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Asbestos-Related Injury Is Not a 'Bodily Injury By Accident'
In its recent decision in Riverwood International Corp. v. Employers Insurance of Wausau, No. 04-30608, 2005 WL 1840057 (5th Cir. Aug. 4, 2005), the Fifth Circuit affirmed an award of summary judgment in favor of an insurer, holding that asbestos-related injury is not a “bodily injury by accident.”
Riverwood involved a coverage dispute between Graphic Packaging International, Inc., formerly known as Riverwood International Corp. (“Riverwood”), and its insurer, Employers Insurance of Wausau (“Wausau”), which provided workers' compensation and employers' liability insurance to Riverwood from May 1974 to January 1984. The policies provided coverage for claims involving both “bodily injury by accident” and “bodily injury by disease,” and stated that “[t]he contraction of disease is not an accident within the meaning of the word 'accident' in the term 'bodily injury by accident' and only such disease as results directly from a bodily injury by accident is included within the term 'bodily injury by accident.'” Riverwood, 2005 WL 1840057, at *3. The policies further provided that “the term 'bodily injury by disease' includes only such disease as is not included within the term 'bodily injury by accident.'” Id.
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.