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Coverage Issues Under Homeowners' Insurance Policies in Chinese Drywall Cases
The recent litigation concerning insurance coverage under homeowners' insurance policies for damages related to Chinese drywall has produced a number of decisions at the district court level in various state and federal courts. Recently, a Louisiana Court of Appeal rendered a decision in what is believed to be the first state or federal appellate decision regarding insurance coverage for damages allegedly caused by Chinese drywall under a homeowners' insurance policy. In Ross v. C. Adams Construction & Design, 10-852 (La.App. 5 Cir. 6/14/11), __ So.3d __, 2011 WL 2328271, the Louisiana Fifth Circuit affirmed the granting of a summary judgment in favor of the defendant insurer and held that the claims made by the plaintiff homeowners for damages as a result of Chinese drywall in their home were excluded from coverage. The Ross case will no doubt serve as a guide for insurers in litigating coverage in Chinese drywall claims under a homeowners' policy. In that same light, this article provides a brief sketch of the various coverage considerations that will be important to insurers in Chinese drywall cases. A brief discussion of Ross will be helpful as a guide to the typical claims made in Chinese drywall cases.
The Ross Decision
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.