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The Allocated Share Set-Off Rule: New York Enters the Debate
Long-tail environmental and toxic tort claims have spawned decades of hard-fought insurance coverage litigation. As the litigation has matured, judges have been forced to fashion rules that allow the courts and litigants to navigate between the desire for coverage, the reality of insurance contract terms, the dictates of public policy, respect for precedent, and the requirement that judicial solutions be practical.
The “allocated share set-off rule” is an excellent example of the judiciary working through these conflicting goals. Stated generally, the rule provides that where numerous liability insurance policies are triggered by a “long-tail” loss or losses, and the insured settles with some, but not all, of its insurers, the non-settling insurers may set off any portion of the overall liability properly allocable to the settled insurers' policies. Critically, this right applies pre-payment, i.e., the non-settling insurers need not make payment and then attempt to recoup the amounts allocable to settled policies; instead, they may exercise their set-off right prior to any payment.
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.
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.