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Once upon a time, the relationship between insurer and insured was one of contract and was governed by the terms and conditions of the policy. Even after common law modifications of this common law relationship and legislative regulation of the parties' consensual relationship, it still is fundamentally based on agreement of the parties.
Justice J. Dale Wainwright, concurring, in the 2005 decision of the Texas Supreme Court in Excess Underwriters at Lloyds v. Frank's Casing Crew & Rental Tools, Inc., 2005 WL 1252321 (decided May 27, 2005) (citations omitted).
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 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.
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.