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Insurers' Response to Nanotech Suits
Insurers, policyholders, and the plaintiffs' tort bar anticipate that nanotechnology claims may soon be a serious source of potential liability even though no lawsuits have yet been filed and great uncertainty exists about the adverse effects, if any, of exposure to nanomaterials. See Connie Germano, Managing the Emerging Risks of Nanotechnology, John Liner Rev., Summer 2008, at 30; Linda K. Breggin & Leslie Carothers, Governing Uncertainty: The Nanotechnology Environmental, Health, and Safety Challenge, 31 Colum. J. Envtl. L. 285 (2006); Ronald C. Wernette, The Dawn of the Age of Nanotorts, Prod. Safety & Liab. Rep., Apr. 2009; Stephen Goldberg, Nanotechnology May Be Tiny, But Exposures Could Be Huge, P&C Nat'l Underwriter, Dec. 7, 2009. Many commentators have encouraged policyholders and insurers to take steps now to assess exposures and implement risk management controls. See, e.g., Kristine L. Roberts, Nanotechnology and the Future of Litigation, Litig. News, Winter 2010, at 6, 7-8; Lloyd's, Risks: Lloyd's Emerging Risk Team Report (2007).
The vacuum of information concerning risks posed by nanotechnology and nanomaterials makes risk management planning difficult, if not impossible. See Robin Fretwell Wilson, Symposium: How Do We Develop Regulatory Policy in the Context of Limited Knowledge About the Risks, 34 J.L. Med. & Ethics 704 (2006); Breggin, supra. This article addresses that gap and explores the insurance implications of the likely “first wave” of lawsuits ' suits arising out of exposure to nanomaterials in the absence of evidence of actual physical injury or harm. It explores three scenarios where plaintiffs are likely to be exposed to nanomaterials in the near future. Nanotech suits are likely to raise many of the same coverage questions that apply to more traditional and well-known liabilities, but the uncertainty regarding nanotechnology's potential for harm and its unique nature mean that past experiences (and judicial decisions) provide only limited guidance.
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.