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Hurricane Katrina Case: LA Supreme Court Upholds Flood Exclusion
In a case the insurance industry has been closely monitoring, the Louisiana Supreme Court unanimously ruled that insurance policies with flood exclusions do not cover flood damage from the failure of man-made levees. Sher v. Lafayette Ins. Co., Nos. 07-C-2441, 07-C-2443, 2008 WL 928486 (La. April 8, 2008).
Plaintiff's case stemmed from losses sustained as a result of wind and flood damage caused by Hurricane Katrina. At the time of the storm, plaintiff owned and lived in a five-unit apartment complex in New Orleans. After the levees were breached, plaintiff's building was flooded with approximately four feet of water. According to plaintiff's own architectural expert, the damage to the basement and lower level of the building was caused entirely by flood damage.
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.
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.
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.
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.
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.