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With the cost and frequency of product recalls on the rise, many companies are considering purchasing specialty policies to cover certain recall-related losses that are often excluded from general liability and property policies. Specialty coverage first appeared in the late 1980s to fill this niche. Although these policies are also frequently referred to as “product recall” insurance, they provide coverage for recall-related losses only when those losses are caused by specific triggering events, typically accidental contamination and malicious product tampering.
When Lloyd's of London and Chartis (formerly known as AIG) began offering specialty coverage in the late 1980s, as a result of the much-publicized Tylenol' tampering incident, they had little competition or loss experience. Since that time, the market for specialty coverage has grown to $350 million to $550 million in premiums annually.
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.
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 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.
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.
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.