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Case Briefs
New Jersey Supreme Court Rules Shooting Injuries Are Covered Under Homeowner's Policy
The New Jersey Supreme Court, in an evenly split decision, ruled that a homeowner's insurance policy did not exclude coverage for personal injury caused by a teen's firing of a BB gun. In Cumberland Mutual Fire Insurance Company v. Murphy, the policyholders' son shot BBs at passing cars from a raised wooden platform approximately 25 yards from the road. Not only was visibility poor on that dark and moonless night, but it also was sleeting. One of the BBs pierced the plastic window of a soft-top jeep, blinding the driver. Id. at 344-46, 873 A.2d at 534-36. The teen admitted he was trying to “ding” cars, which he knew was wrong. But, he claimed that he never intended to hurt anyone or thought that he could shoot into a car. He said that he was just “hav[ing] fun with [his] friends.” 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.