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The Alvord Decision: Why Periodic Review of Insurance Policies Is a Must for Franchisors
Franchisors, like other businesses, should periodically review their insurance policies to make certain that they understand the scope of their existing coverage and to identify (and remedy) any significant gaps in that coverage. Given that franchisors are more frequently finding themselves in the cross-hairs of their franchisees, franchisors should pay particular attention to whether they have coverage for franchisee claims and, if so, the extent of that coverage. Franchisors should not wait until they have become a target to determine whether they have insurance protection.
A federal judge recently held that a franchisor did not have coverage for claims by a former franchisee under a Directors and Officers policy that excluded claims “based upon, arising from, or in any way related to any Claim made by or on behalf of any franchisee of the Company in any capacity.” (Emphasis added.) The court determined that an endorsement to the D&O policy excluded coverage regardless of whether the claim was made by a current or former franchisee. Alvord Investments, LLC v. The Hartford Financial Services Group, Inc. et al., 660 F. Supp. 2d 850 (W.D. Tenn. 2009).
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.