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Specialty Recall Insurance Coverage
With the cost and frequency of product recalls on the rise, many companies are considering purchasing specialty policies to cover certain recall-related losses that are often excluded from general liability and property policies. Specialty coverage first appeared in the late 1980s to fill this niche. Although these policies are also frequently referred to as “product recall” insurance, they provide coverage for recall-related losses only when those losses are caused by specific triggering events, typically accidental contamination and malicious product tampering.
When Lloyd's of London and Chartis (formerly known as AIG) began offering specialty coverage in the late 1980s, as a result of the much-publicized Tylenol' tampering incident, they had little competition or loss experience. Since that time, the market for specialty coverage has grown to $350 million to $550 million in premiums annually.
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.
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.
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.
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.