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Application of the Abuse Exclusion
Claims of sexual abuse and molestation are devastating to business owners and disconcerting to insurers because they often are made by or on behalf of minors, with whom jurors will sympathize and against whom statutes of limitations often do not apply. Moreover, they frequently contain high-dollar demands. It has been reported that insurers already have paid more than $59 million to defend and settle sexual abuse claims against Penn State University stemming from the abuse perpetrated by Jerry Sandusky. Based upon the complexity and risk, many sexual abuse claims result in coverage disputes.
Most commercial general liability, business owner's and homeowner's policies exclude coverage for the actual abuser under either an intentional acts exclusion or an abuse exclusion. While certain types of physical injury may be argued to be unintentional, sexual abuse or molestation is always considered an intentional wrongdoing. Coverage disputes arising from abuse claims frequently involve claims against persons or organizations other than the alleged abuser and analysis of either or both of the following: 1) applicable policy language separating insureds for purposes of coverage; and/or 2) the scope and wording of the abuse exclusion.
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.
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.
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.
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.