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Case Briefs
Minnesota High Court Tackles Practical Allocation Questions
The Minnesota Supreme Court, applying Minnesota law, has issued an important ruling grappling with practical aspects of allocation in Wooddale Builders, Inc. v. Maryland Casualty Co., et al., Nos. A04-1442, A04-1612 (Minn. Oct. 5, 2006). The court held that: 1) the end date for allocating liability for continuous property damage under the pro rata 'time on the risk' method was the date when the policyholder received notice of the claim for damages, not when damage was remediated; and 2) defense costs were to be allocated equally among the insurers. The court also provided further guidance for insurers and policyholders by adopting a four-factor framework for analyzing allocation issues.
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.