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What Remains of CE-Style Insurance Neutrality After GIT?
Among the most hard-fought battles involving insurers, policyholders, and asbestos claimants are those that have played out in bankruptcy courts, district courts and courts of appeals called upon to review orders confirming plans of reorganization in asbestos bankruptcies. In several instances, appellate courts have overturned such orders. See, e.g., In re Global Indus.Techs., Inc., 645 F.3d 201 (3d Cir. 2011) (“GIT“); In the Matter of Thorpe Insulation Co., 677 F.3d 869 (9th Cir. 2012); In re Combustion Eng'g, Inc , 391 F.3d 190 (3d Cir. 2005) (“CE“).
A characteristic feature of these asbestos bankruptcies is the creation of asbestos personal injury trusts to pay the claims previously brought against the bankrupt asbestos defendant. As of May 2011, there were 56 asbestos trusts in operation, with several more in process. In re Fed.-Mogul Global Inc., 684 F.3d 355, 360 (3d Cir. 2012). A major source of the funding for these trusts has been insurance settlements. Id. Because of the importance of insurance assets to asbestos bankruptcies, the objections of insurers ' as well as question of whether insurers even have standing to object ' have become central issues in these bankruptcies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
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.
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.