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The Duty to Defend in New Jersey
It is often noted that the best defense is a good offense. This is as true in litigation as it is in sports, since the most vigorous defense is one that is proactive, not reactive; one that does not sit back on its heels, but rather takes the accusations and arguments against it head-on. From a policyholder's perspective, however, it can be argued that the best defense is one that the insurer is required to pay for.
In that regard, the question of whether and to what extent an insurer is obligated to undertake the defense of a lawsuit is not always easily answered. In particular, while it is well-established insurance law that the duty to defend is generally broader than the duty to indemnify, it is also axiomatic that an insurer has no obligation to defend a claim for which there is no possible indemnification obligation under the applicable policy. This begs the question, of course, regarding how to handle the situation ' as so often happens ' when a complaint against a policyholder alleges multiple causes of action: some that are indemnifiable and some that plainly are not.
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.
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.
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.