Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Recent Rulings Expand the Scope of the Employment-Related Exclusionary Clause
In December of last year, the Indiana Court of Appeals expanded the scope of employment-related exclusions when it granted summary judgment in favor of Peerless Indemnity Insurance Company (“Peerless”) in a coverage dispute with Justin Stimson, a named partner in the now defunct law firm of Moshe & Stimson, LLP. Peerless Indem. Ins. Co. v. Moshe & Stimson LLP, 22 N.E.3d 882, 2014 Ind. App. LEXIS 642 (Ind. Ct. App. 2014). The other named partner, Sarah Moshe, is Mr. Stimson's sister. In December 2011, Moshe informed Stimson that she planned to leave the firm. Thereafter, the relationship between the siblings soured, and Stimson allegedly refused to dissolve the partnership and/or pay his sister monies owed to her by the firm, including her regular income. Additionally, Moshe claims Stimson began making accusations about her “personal integrity and professional competency.”
In early 2012, Moshe filed a lawsuit against her brother, claiming defamation and seeking a formal dissolution of Moshe & Stimson and an accounting, injunction and damages. Stimson sought coverage from Peerless, the law firm's insurer. Peerless sought a declaratory judgment that it had no responsibility to defend or indemnify Stimson based upon the employment-related exclusionary clause (the “Employment Exclusion”) in the Moshe & Stimson policy which read as follows:
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.