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The Calm Before the Storm Is the Time to Consider Insurance Coverage
There were no major hurricanes in 2013. Although the season was projected to be above average in terms of activity, this was the first Atlantic hurricane season without a major storm event through the month of November in over a decade. See Justin Bachman, In 2013 Hurricane Season, a Remarkable Calm Before the Next Storm, Business Week (Sept. 4, 2013). Even though many of the fiercest storms ' including Superstorm Sandy ' occurred later in the hurricane season and off-season storms can persist until December, at press time, the U.S. made it through an uneventful 2013 season with no Sandy, Irene, Katrina, or similar major storm event.
Regrettably, though, is only a matter of time before the next major storm strikes. And when they strike, these events, like other natural disasters, frequently cause widespread destruction of property, and major business interruption. Moreover, in an increasingly global economy in which virtually all organizations are part of, and dependent upon, product and service supply chains, disruptions caused by major storm events worldwide can and do cause a cascading and adverse impact on organizations throughout the supply chain.
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.