The Foreign Corrupt Practices Act
Directors and officers are exposed to personal loss under the FCPA because not only does the FCPA expressly prohibit corporate indemnification, but also there are several D&O policy provisions that may serve to bar coverage for FCPA-assessed fines and penalties.
Features
The Gulf Oil Spill: Considerations for Insurers
A large number of lawsuits already have been filed against the entities associated with the Deepwater Horizon Oil Rig, many of which raise interesting coverage issues, particularly with respect to specialty environmental coverages and first-party business interruption and damage claims. Even more significant insurance exposures may be posed in the future, however, as new parties are joined to the litigation and general liability policies are tested in response to third-party claims for bodily injury and property damage.
The End of the World or a Brave New One?
Firms that succeed will have four distinct and unifying characteristics: a clear strategy; focused leadership; rewards systems aligned with their strategy; and a well-functioning (and efficient) administrative support structure. These are the firms that prospered in 2009 and will continue to prosper.There is
New York Recognizes Parental Status of Woman in Vermont Same-Sex Civil Union
Who qualifies as a parent when one member of a same-sex couple has a child after entering into a same-sex civil union under the laws of another state? This was only one of the questions with far-reaching consequences the Court of Appeals recently answered in <i>Debra H. v. Janice R.</i>
Discovery of Damages in Med Mal Cases
Last month, the author began discussion of the importance of conducting discovery on damages in the early stages of case preparation. The discussion concludes herein.
Evidence of Risk of the Procedure
There is a very important distinction between evidence that a particular complication is a risk of a procedure, and evidence that this complication occurs without negligence. Evidence of the former is not relevant without the latter.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
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- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- Marketing Analytics: More Is Not Always BestIn the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.Read More ›
