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The commercial property insurance industry is undergoing a dramatic shift. Gone are the days when property owners and operators could simply provide a building appraisal or portfolio valuation to an insurance broker, who would then reach out to a handful of insurance companies to obtain quotes. In the past, the process was relatively straightforward — there was a clear, well-defined formula for insuring property assets.
Today, however, insurance companies have adopted a much more holistic approach to underwriting. No longer are properties assessed purely based on tangible factors like age, valuation or size. Insurers are expanding their scope to consider the “intangibles” such as the risk management practices of the property owner or operator, the quality of the property management team, and even the way in which the owner or operator runs the business. In fact, in some cases, owners and operators may find themselves having to meet with insurance companies face-to-face, engaging in relationship-building conversations (and perhaps even a bit of wining and dining) to ensure their assets are properly insured.
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 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.
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.