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The catastrophic losses resulting from the terrorist attacks of 9/11 and Hurricane Katrina highlighted many of the issues that face policyholders in the wake of a disaster. Many companies have taken lessons from those events and developed business-continuity plans to protect their people and assets and to restore operations as quickly as possible.
While these plans are instrumental in restoring a company's operations, many miss an important aspect of any continuity plan ' the programs and protocols that must be in place to prove losses related to the incident and recover funds from an insurance company.
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.
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.
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.
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.
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.