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Case Briefs
Oregon Intermediate Court Takes a Stand on Allocation and Settlements
In Cascade Corp. v. American Home Assurance Co., et al., No. A118185 (Or. Ct. App. May 17, 2006), an Oregon intermediate appellate court, applying Oregon law, reversed a trial court's pro rata allocation of a policyholder's liability for environmental contamination, holding that the lone remaining non-settling excess insurer was jointly and severally liable for all of the policyholder's unreimbursed past and future remediation and defense costs until exhaustion of its policy limits. The court also: 1) ordered the insurer to pay prejudgment interest from the date of the settlement exhausting the primary insurance coverage below the insurer's policies; and 2) reversed the trial court's decision not to award attorneys' fees to the policyholder, remanding the issue to the trial court for further consideration. In its decision, the court did not address the recently enacted Oregon claims statute, ORS 465.480, including whe-ther the statute was constitutional and, if so, whether it mandated the same result.
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.