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Case Notes
California Clarifies Coverage B
In Hartford Casualty Insurance Co. v. Swift Distribution, Inc., et al., No. S07172 (Cal. June 12, 2014), the California Supreme Court, applying California law, held that the personal and advertising injury section of an insurance policy did not afford coverage for various infringement and unfair trade claims asserted against a policyholder because the advertisements upon which the claims were based did not disparage the claimant or its products and thus did not support a claim for product disparagement. In so ruling, the court disagreed with the theory of disparagement accepted by an intermediate appellate court in Travelers Property Casualty Co. of America v. Charlotte Russe Holding, Inc., 207 Cal. App. 4th 969 (Cal. Ct. App. 2012).
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.
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.
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.