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Conflicts of Interest Between an Insurer and Its Insured
In the same letter advising the company of the 'approved' law firm that will be representing it in the litigation, the insurer also reserves its right to deny coverage for the claim. Specifically, the insurer states that depending upon how certain facts are developed in the case, there may be no coverage for the asserted claims. The development of these critical facts will be the responsibility of defense counsel, who, as previously discussed, has had a long relationship with the insurer. The insurer obviously will save money if the facts developed support a finding of no coverage. Thus, the insured is concerned that defense counsel might attempt to develop facts that would place the claim outside the scope of coverage under the subject policy in order to maintain its business relationship with the insurer. In the policyholder's view, this situation results in a conflict of interest between the insured and the insurer, which could impact defense counsel's ability to adequately represent the company.
This article examines potential conflicts of interest between an insurer and
its insured in the above scenario and the extent of an insured's right to its
own independent counsel in such circumstances. This article also discusses other situations that may raise conflicts of interest between an insurer and an insured sufficient to trigger a right to independent counsel. Finally, it considers whether the insurer or the insured has the right to select that counsel.
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.