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A Foreign Experience: Arbitrating Insurance Coverage Disputes in London
Many insurance policies now include arbitration provisions providing that disputes be arbitrated in London under the substantive law of New York. To policyholders, the “deck” in an international insurance arbitration appears to be stacked in favor of the insurance company, if only because the insurance company ' a repeat player in London arbitrations ' knows the results of its past arbitrations and the policyholder (and its counsel) likely does not. However, with careful strategy and preparation, a policyholder can prevail even in a “foreign experience” in international insurance arbitration.
The policy form that began the London arbitration trend is the “Bermuda form” sold by companies like ACE Insurance Company, Ltd., and XL Insurance Company, Ltd. Except for a brief time when some Bermuda insurance policies required arbitration in Bermuda, the Bermuda form, since its inception in the mid-1980s, has included a London arbitration provision. Although, for many years, most disputes arising under the Bermuda form were settled, insurance disputes arising under the Bermuda form increasingly, in my experience, are arbitrated, either because Bermuda insurers, like insurers of yore, decide to litigate disputes or because the policyholder is unable to obtain redress (or even a response) otherwise.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
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.
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.