Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
California Supreme Court Enforces Arbitration Clause: No Conflict with 'Service of Suit' Provision
In Boghos v. Certain Underwriters at Lloyd's of London, 30 Cal. Rptr. 3d 787, 115 P.3d 68 (July 18, 2005), the California Supreme Court held that a disability insurance policy's arbitration and service of suit clauses did not conflict and that the arbitration clause was therefore enforceable. The court in Boghos also concluded that the policy's stipulation that the insured share arbitration costs with the insurer did not render the arbitration clause unenforceable. The Supreme Court reversed the judgment of the Court of Appeal and remanded the case to the trial court.
In September 1998, Antone Boghos, the owner of a plumbing business, applied for disability insurance underwritten by certain Lloyd's of London underwriters (“Lloyd's”). The application contained an arbitration provision. The subsequent policy's arbitration clause provided in part:
BINDING ARBITRATION: Not withstanding [sic] any other item set forth [sic] herein, the parties hereby agree that any dispute which arises shall be settled in Binding Arbitration. By agreeing to Binding Arbitration, all parties acknowledge and agree that they waive their right to a trial by jury. …
The policy also set forth that the venue of arbitration would be Los Angeles County unless the parties agreed otherwise. According to the policy, arbitration costs would be equally split among the parties.
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.