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Case Briefs
'Intentional' Conduct Can Constitute a Covered 'Accident'
In Legacy Partners v. Clarendon American Insurance Co., a Southern District of California judge addressed a motion to dismiss filed by Clarendon with respect to Legacy Partners' breach of contract and bad faith claims against Clarendon. The underlying action involved construction defect litigation against Legacy Partners. In that litigation, the underlying plaintiff alleged that Legacy Partners among others “(1) trespassed upon [plaintiff's] property in order to make repairs to a retaining wall; (2) constructed subterranean tie-backs using Wellington's property without permission; (3) failed to exercise reasonable care and skill in performing construction work on [plaintiff's] property; (4) failed to exercise reasonable care and skill in determining the need for repair to the retaining wall; (5) caused damage by placement of heavy construction equipment and materials on the [plaintiff's] property; and (6) negligently removed storm and pollution work that [plaintiff] had completed as part of its development of the property.” Legacy Partners sought coverage from Clarendon for the underlying litigation. Clarendon denied coverage, based in significant part, upon its claim that the lawsuit did not involve any allegations of an “occurrence” as that term was used in its policy issued to Legacy Partners. Thus, Legacy Partners filed suit alleging, in part, breach of contract and bad faith.
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.
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.
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.