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Case Briefs
Fourth Circuit Finds No Coverage for Regulatory CERCLA Cleanup Under Maryland Law
In Industrial Enterprises, Inc. v. Penn America Insurance Co., No. 09-2346 (4th Cir. Mar. 18, 2011), reh'g denied (June 21, 2011), the U.S. Court of Appeals for the Fourth Circuit, applying Maryland law, held that a CGL policy does not cover a policyholder's liability under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” or “Superfund”) for the costs of remediating contamination on its own land because such liability is not “damages because of ' property damage.”
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.
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.