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Case Briefs
State Farm and Katrina
Shocking the insurance industry, a federal judge in Mississippi took matters into his own hands when he rendered a judgment as a matter of law in favor of a Mississippi policyholder concerning Hurricane Katrina damage. On oral cross-motions for directed verdict, Judge LT Senter of the U.S. District Court for the Southern District of Mississippi found that State Farm erroneously denied Norman and Genevieve Broussard's insurance claims arising out of Hurricane Katrina because State Farm failed to carry its burden in proving the application of the water damage exclusion. Prior to trial, State Farm had paid the Broussards no money for their home that was reduced to a slab during the hurricane.
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.