Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Bifurcation of Bad-Faith Claims
Recently, federal courts across the country have ruled on insurers' motions to bifurcate bad-faith litigation; i.e., motions to separate and stay discovery and/or the trial of the bad-faith claims from the insured's claim for coverage. The most recent rulings in cases where insureds opposed bifurcation are mixed, but the majority appear to favor insureds and deny the carriers' motions to bifurcate. For examples of cases denying bifurcation motions, see Wagner v. Allstate Ins. Co., 2016 U.S. Dist. LEXIS 6364 (Jan. 19, 2016); Bitpay, Inc. v. Mass. Bay Ins. Co., ___ F.Supp. 3d ___, 2016 WL 1105263 (March 17, 2016); Brown v. Allstate Prop. & Cas. Ins. Co., 2015 WL 6739143 (M.D. Ala. Nov. 3, 2015). For examples of cases granting bifurcation motions, see Kermeen v. State Farm Ins. Co., 2015 WL 4727646 (D. Neb. Aug. 10, 2015); Holloway v. Ohio Sec. Ins. Co., 2015 WL 6870141 (W.D. Ky. Nov. 4, 2015).
Bifurcation
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.