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Insurance Coverage For Patent Infringement Claims
Courts across the country, and particularly in California, have long been reluctant to construe standard commercial general liability (“CGL”) insurance policies to provide coverage for patent infringement lawsuits. However, the Ninth Circuit's recent decision in Hyundai Motor v. Nat. Union Fire Ins., ___ F.3d ___ , 2010 WL 1268234 (9th Cir. 2010), suggests that, at least when the patented invention is itself a method of advertising, an insurer will owe a duty to defend a patent infringement lawsuit under the “advertising injury” provisions of many standard CGL policies. This development is particularly significant for two reasons. First, the court found that the duty to defend arose out of language that appears in many standard liability insurance policy forms, especially at the excess layers. Second, it interpreted the policy under the law of California, which often serves as the leader in significant developments nationwide in insurance coverage litigation.
Advertising Injury Coverage
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.