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Case Briefs
OR Court Clarifies Expected or Intended Standards and Burdens of Proof
The Court of Appeals of Oregon, applying Oregon law, has held that: 1) where an “unexpected and unintended” requirement expressly appears in a liability policy as part of the definition of the policy's triggering event, that requirement is part of the policy's general grant of coverage and therefore the policyholder bears the burden of proving that the triggering event was unexpected and unintended; 2) where an “unexpected and unintended” requirement does not expressly appear in a policy, the burden falls on the insurer to prove that the an implied fortuity doctrine excludes coverage; and 3) the burden of proof does not depend on which party brings a declaratory judgment action. ZRZ Realty Co., et al. v. Beneficial Fire & Cas. Insurance Co., et al., Nos. 970806226 & A121145 (Or. Ct. App. Oct. 1, 2008).
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.