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When Does a 'Claim' Arise for Purposes of an Employment Practices Liability Insurance Policy?
Many times a policyholder-employer can predict the potential for an employment-related claim long before that claim materializes into formal litigation. An employee, for example, may complain to a supervisor about an unlawful employment practice. She then may submit a written complaint to human resources. If that complaint does not get resolved to her satisfaction, the employee may file a complaint with an administrative agency, such as the Equal Employment Opportunity Commission (“EEOC”), or have her attorney send a letter to the policyholder-employer. After exhausting her administrative remedies, the employee may file a lawsuit.
Employers insure against losses arising from certain employment-related claims by obtaining employment practices liability insurance (“EPLI”) policies. Critical to those policyholder-employers is the question of at what stage of the process, described above, must the insurers be placed on notice. The failure to give timely and proper notice, under certain circumstances, could result in the forfeiture of coverage. As will be explained below, the answer to this question often is controlled by the policy's definition of a “claim.” The definition, however, varies among different EPLI policies. In addition, the specific content of an employee's complaint can affect the answer. This article analyzes different trends in the law concerning what constitutes a “claim” for purposes of an EPLI policy.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.