The Duty to Notify an Excess Carrier: Considerations for Defense Counsel
The relationship between a primary and excess insurance carrier within the context of a catastrophic medical malpractice litigation is fraught with possible pitfalls.
Columns & Departments
Business Crimes Hotline
A look at a recent case in which the DOJ leveraged FIRREA.
Defending Against Asset Forfeiture
Given the DOJ's aggressive use of asset forfeitures, including higher-value forfeitures, counsel should be prepared to seek <i>Monsanto</i> hearings.
Features
Navigating Turbulent FCPA Waters
While there have been high-profile setbacks to be sure, there is little reason to expect FCPA enforcement actions ' characterized by some as a tool in the war on terror ' to decline.
Features
Key Elements of Effective FCPA Remediation: Earning DOJ and SEC's 'High Premium'
The Department of Justice (DOJ) and Securities Exchange Commission's (SEC) Guide to the U.S. Foreign Corrupt Practices Act (FCPA) demonstrates, if there were any doubt, the importance of timely and effective FCPA remediation.
Adverse Event Reporting for Pharmaceutical Products
The Food and Drug Administration (FDA) provides some protection to drug companies regarding adverse event reports by allowing a disclaimer statement about liability. However, this is not a blanket defense against other potential liability exposure.
Features
Practice Tip: The Scope of Daubert in Product Liability Class Actions
If district courts must rule conclusively whether expert testimony will be admissible at trial before making a Rule 23 determination, parties may have to engage in considerable discovery before class certifications can be made.
Features
Federal Jurisdiction Reform
Whether a case is litigated in federal court rather than state court can have a huge impact on both litigation costs and the end result. Some proposals for federal jurisdiction reform.
Cognitive Encapsulation: Thinking Inside the Box
An in-depth look at how forensic psychologists conduct child custody evaluations
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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 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 ›
- 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 ›
