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Case Briefs
Extrinsic Evidence of Custom and Usage Properly Admitted to Assist in Interpreting 'Asbestosis Exclusion'
Recently, the U.S. Court of Appeals for the Third Circuit ruled on two significant issues that are likely to have important implications in future coverage cases in AstenJohnson, Inc. v. Columbia Casualty Co. et al., No. 07-2305 (3d Cir. Apr. 2, 2009). The dispute in AstenJohnson, which was tried in Pennsylvania federal court, arose out of primary and excess liability policies issued by Columbia Casualty Company and American Insurance Company to AstenJohnson's predecessor, a manufacturer of asbestos-containing dryer felts. After a non-jury trial, the trial judge found, in addition to ruling on other issues, that: 1) the asbestosis exclusion in Columbia's policy applied to all asbestos-related diseases, and 2) American had no obligation under its upper-level excess policies to defend AstenJohnson or to reimburse AstenJohnson for defense costs it may incur. AstenJohnson appealed.
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.