Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Negligence Standard Applies, Says Judge
In a significant victory for plaintiffs, a federal judge has ruled that a negligence standard applies in 'excess verdict bad faith' suits against insurance companies whose refusal to settle a claim results in a verdict in excess of the policy limits.
The ruling in Schubert v. American Independent Insurance Co. is a victory for attorneys Joseph F. Roda and Eric L. Keepers of Roda & Nast in Lancaster, PA. Their client is the bankruptcy trustee for a man who was hit with a $2.6 million verdict in an auto accident case after his insurer rejected an offer to settle for $15,000. Early in the case, Roda and Keepers asked Senior U.S. District Judge Clarence C. Newcomer for a ruling on the standard of care in excess verdict bad faith cases. In their brief, the plaintiff's lawyers argued that while the concept of filing such suits has been recognized for nearly half a century, the state and federal courts 'have not always been consistent' in describing the standard to be applied. Nonetheless, they said, a clear theme emerged from the case law that pointed to a simple answer: negligence.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.