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The claims over the last few years by numerous individuals who allege sexual misconduct by comedian Bill Cosby have also led to disputes about the obligation of Cosby's insurers to pay for his defense attorneys and any eventual settlements or judgments. A decision by a federal district court in Massachusetts, where Cosby lives, addresses these disputes.
The specific provision at issue in AIG Property Casualty v. Green, No. 15-30111 (D. Mass. 2016), barred insurance coverage for liability “arising out of” sexual misconduct. In fact, the “arising out of” policy language appears in provisions relating to all manner of subjects, from cyberattacks to alleged breaches of contract.
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.
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.
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.
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.
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.