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Case Briefs
Insurer Must Defend Suit Alleging Violation of Consumer Protection Statute
In Auto Europe LLC v. Connecticut Indemnity Co., 321 F.3d 60 (1st Cir. 2003); a panel of the First Circuit Court of Appeals concluded that a liability insurer has an obligation to defend its insured against a suit alleging violations of Maine's consumer protection statute. The insured was sued by customers of its auto rental service who claimed in pleadings that the insured had intentionally defrauded and misled consumers regarding additional fees for auto rentals. The customers alleged that these actions had violated various state and federal laws, including Maine's consumer protection statute. The insured's insurance contract provided coverage for “any negligent act, error or omission,” but excluded “liability arising out of any act, error or omission which is willfully dishonest, fraudulent or malicious, or in willful violation of any penal or criminal statute or ordinances, and is committed (or omitted) by or with the knowledge or consent of the 'insured'.” Id. at 63. Citing this exclusion, the insurer argued that it did not have a duty to defend the insured in the underlying action.
The DOJ's Corporate Enforcement Policy: One Year Later
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.
Use of Deferred Prosecution Agreements In White Collar 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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
Bankruptcy Sales: Finding a Diamond In the Rough
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.