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Case Briefs
Iowa High Court Upholds Plain Language of Pollution Exclusion
The Supreme Court of Iowa has answered a certified question of Iowa law that asked whether the pollution exclusions in certain primary and umbrella liability policies barred coverage for damages arising out of a death caused by the accumulation of carbon monoxide inside a washroom. Bituminous Casualty Corp. v. Sand Livestock Systems, Inc., et al., No. 135/05-1063 (Iowa Feb. 23, 2007). In concluding that the pollution exclusions at issue did bar coverage, the court held that the release of carbon monoxide gas unambiguously fell within the 'broad language' of the exclusions, which made no distinction between ”traditional environmental pollution' and injuries arising from normal business operations.' The court did not address whether applying the exclusions would violate the doctrine of 'reasonable expectations,' finding that this was an issue of fact for the certifying court to decide.
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.