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Facing a Government Investigation: Common Insurance Issues
After learning there is an investigation, a policyholder's first priority is hiring excellent defense counsel. Whether an investigation is commenced by a state government or the federal government, the defense costs associated with the investigation can be very significant. A top priority should also be accessing your insurance coverage. In many cases, insurance policies will cover the defense costs relating to an investigation. The process of getting an insurer to promptly pay the defense costs, however, can be difficult. A policyholder that is mindful of a few issues that commonly arise in seeking coverage for an investigation is in a much better position to obtain prompt payment of defense costs. This article addresses four common obstacles to obtaining prompt payment of defense costs.
Is There a 'Claim'?
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.
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.
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.