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Standards for Determination of Causation in Appraisal
An appraisal provision is a common feature of first-party property insurance policies, designed principally to efficiently resolve disputes over the amount of loss or replacement cost for a covered claim. However, disputes over what constitutes an appropriate topic for appraisal can negate the efficiencies that might otherwise be gained.
Most jurisdictions have tried to settle the appropriate boundaries of appraisal by developing law to distinguish between issues of damages (or quantum), which are appropriate for appraisal, and issues of liability (or coverage), which are reserved for resolution by the courts. Disputes remain, however, with respect to certain issues that straddle the line between these two categories. Chief among these is the issue of causation.
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.