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Do Actions Speak Louder than Words?
“I have noticed that nothing I never said ever did me any harm.” Calvin Coolidge
'Insurance coverage litigation frequently requires coverage lawyers to take on the role of archeologist and historian. Particularly in cases involving long-tail claims, multiple triggered policy periods and the resurrection and scrutiny of decades-old policies, we look for evidence tending to show that the opposing party has interpreted certain policy provisions differently from the interpretation it now advances for the very same provisions. Extrinsic evidence of past policy interpretation may take many forms, and one form is evidence of the parties' own course of performance with regard to the insurance policies at issue.
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.