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Case Notes
Late Notice Under 'Claims Made' Policy
According to a recent decision by the Supreme Court of New Jersey, an insurer denying coverage based upon an insured's failure to provide timely notice of a claim under a “claims made” directors and officers policy is not required to show appreciable prejudice ' provided such “claims made” policy was agreed to by sophisticated parties. In Templo Fuente De Vida Corp. et al. v. Nat ' l Union Fire Ins. Co. of Pittsburgh, P.A., 2016 WL 529602 (N.J. Feb. 11, 2016), the plaintiffs, Templo Fuente De Vida Corp. and Fuente Properties, Inc. (collectively, “Fuente”), entered into a purchase agreement to buy property conditioned upon securing mortgage financing by a certain date.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.