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Case Briefs
Highlights of the latest insurance cases from around the country.
Post-Confirmation Settlement Agreements: The Implications on Insurance Proceeds
It is a common enough scenario ' a company purchases a directors and officers liability policy (a 'D&O Policy') ' to protect against any claims that may be brought against its directors and officers. The D&O Policy also may contain what is termed 'entity coverage' meaning that the policy may cover claims made both against the directors and officers, as well as the company itself. While the D&O Policy may be relatively straightforward in providing for the rights and obligations of the respective parties, if the company files for bankruptcy a whole host of issues arise. In this scenario, the laws governing bankruptcy and insurance may collide and, in some instances, are not easily reconcilable.
Liability for Measures to Prevent Further Harm
General liability policies are frequently ' and incorrectly ' described as covering 'bodily injury' and 'property damage.' More accurately, the policies promise to 'pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily injury' or 'property damage' to which this insurance applies.' ISO CG 0001 12 04 (2003) ('CGL'), at 1.
Insurance Survival in an M&A World: The Impact of Corporate Transactions on the Availability of Insurance for Environmental and Other Long Tail Claims
Several recent cases in Ohio, following in the wake of the 2003 California decision in <i>Henkel Corp. v. Hartford Accident & Indemnity Co.</i>, 29 Cal. 4th 934 (Feb. 3, 2003), provide new insights into the problems companies with complex corporate histories face when seeking coverage for long tail liabilities.
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New Career Paths for Lawyers
Many lawyers today seek unconventional career paths. Instead of career ladders that envision uninterrupted, full-time, upward movement toward partnership, lawyers now think in terms of career lattices that include lateral moves, flexible work schedules, and occasional periods away from practice altogether. This highly mobile 'free agent' lawyer population creates a dilemma for law firms. Firms need a stable group of lawyers to serve their clients and become the firm's future partners and leaders. Rather than risk losing lawyers, many firms are trying inventive approaches to create more flexible career paths. Here are five current trends.
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Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firms' Employees?
Recently, several prominent partners have left their law firms to set up shop with a competing establishment. As was the case in each of these instances, a partner seldom leaves the firm alone — often staff, associates, and even other partners join the new endeavor. May a departing partner solicit others to join him or her without violating fiduciary duty to the original firm? At what point must the departing partner notify the partnership of his or her efforts to recruit firm employees? This article suggests that partners may solicit attorneys and staff of their original partnership without violating their fiduciary duty, as long as the manner of their solicitation conforms to their fiduciary duty.
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Subordinate Bias Liability: The 'Cat's Paw' Doctrine
Everyone knows that a manager who expresses discriminatory views and then fires or disciplines an employee belonging to the disfavored group may create a claim against the employer. But what happens when an unbiased manager relies on the recommendation of another supervisor who, unbeknownst to the decision maker, is a raging bigot?
Lost in the Clamor: Final Code '415 Regulations
Times have certainly changed. The U.S. Department of the Treasury ('Treasury') issued two sets of regulations in early April that impact employee benefits. The first set was final regulations addressing the benefit and contribution limits for qualified pension plans under Internal Revenue Code ('Code') §415. The second set, issued a week later, was final regulations governing nonqualified deferred compensation under Code §409A.
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Where Does All That Associate Money Go?
Kathryn Cole, a 25-year-old who earned her J.D. last year from the University of Michigan Law School, accepted a position at Quinn Emanuel Urquhart Oliver & Hedges, LLP in Silicon Valley. Her starting pay was $135,000, but before she even began working she got a $10,000 raise. Then in January, just a few months into the job, her salary went up another $15,000.
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Firms Hunting for Stars Re-examine Partner Compensation
Cleary Gottlieb Steen & Hamilton LLP managing partner Mark Walker is old school when it comes to partner compensation. He sees no reason to change Cleary's seniority-based lockstep scheme, in which the spread between the highest- and lowest-paid partner is less than 3:1. It's a no-hassle system — no long meetings explaining bonus decisions and no disputes among partners over credit for bringing in business. And it is the foundation of Cleary's culture, Walker says, which emphasizes the collective over the individual. If the firm is not a magnet for hot lateral candidates who want to be paid like A-Rod, that's okay with Walker. 'My view is that if someone says I'm not going to Cleary Gottlieb because [another firm] is guaranteeing me a salary of X, then they don't belong at our firm anyway.'
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
