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The Limited Scope of the Duty to Cooperate
Historically, liability insurance policies have imposed on policyholders a duty to cooperate with insurers in the defense of actions. More recent policies have expanded this duty to impose upon policyholders an obligation to cooperate in the investigation of claims, as well. Commonly, however, insurers investigate claims or defend actions under reservations of rights to deny indemnity coverage for settlements by or judgments against policyholders, creating an adversarial relationship between policyholder and insurer. In light of this adversarial relationship, courts typically recognize limits on the duty to cooperate, protecting the policyholder's rights both to select and control defense counsel and to have confidential, privileged communications with that defense counsel regarding matters bearing upon the coverage dispute. Case law and ethics rules in various jurisdictions establish and illustrate these principles.
Determining the Existence and Expressed Limits of Any Duty to Cooperate
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.