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As the Waves of Superstorms Recede, States Seek to Amend Insurance Laws
From an October 2011 blizzard, to Hurricane Irene, and most recently, Superstorm Sandy, states along the East Coast have endured an unprecedented torrent of intense storms in recent years. The storms have caused tremendous property damage and, as citizens continue to rebuild, legislatures in the affected areas are responding. Indeed, many state legislatures began the 2013 legislative session several months early, with a majority convening in January.
Significantly, legislatures in three Eastern Seaboard states ' New York, New Jersey and Florida ' have already proposed new bills, which if enacted, would change their state's insurance laws with respect to insurer bad faith. As explained in more detail below, bills proposed in New York and New Jersey emerged in the wake of Superstorm Sandy and, if passed, will amend and strengthen existing bad faith law in favor of policyholders. In contrast, the legislation proposed in Florida, which died in the House Judiciary Committee, sought to clarify existing law and implement legislation favorable to insurers.
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.
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.
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.