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The Duty to Defend and Indemnify the Ghosts of Mississippi
The U.S. District Court for the Southern District of Mississippi recently addressed whether an insurer's duty to defend and indemnify its insured under a claims-made policy for law enforcement wrongful actions covers allegations arising from the murder of two teenagers during civil rights unrest in 1964; the primary issues involved coverage in the presence of both covered and uncovered claims and the application of the known-loss exclusion. See National Casualty Company v. Franklin County, Mississippi, 2010 WL 1780197 (S.D. Miss., Apr. 29, 2010).
The County sought coverage for an action brought against it more than 40 years after two Franklin County, MS teenagers, Charles Moore and Henry Dee, were “kidnapped, beaten and murdered by members of the White Knights of the Ku Klux Klan.” 2010 WL 1780197 (S.D. Miss., Apr. 29, 2010). In 1964, two men were arrested and charged in connection with the crimes, but the charges were dismissed because of a “lack of evidence.” Id. For more than 40 years no one was prosecuted and convicted. In 2007, a federal grand jury indicted one of the two men originally accused of the abduction and murders. The other man charged in 1964 cooperated with the federal prosecutors, leading to a conviction and sentencing of the indicted man on all counts. Id. at *2.
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.
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.
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.