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Intellectual Property Coverage Under CGL Policies
It is well known that intellectual property litigation is expensive, time-consuming, and complicated to defend. It frequently involves numerous experts with specialized scientific knowledge, damages experts, and market surveys of potential customers. Although some insurers offer specialty intellectual property insurance policies, in practice, such insurance is rare amongst most businesses, which often do not consider the need for such insurance until after they have been sued. Moreover, insurers often limit coverage under these types of policies to intellectual property assets that can be proven to have first been thoroughly researched and cleared through intellectual property counsel. Without an intellectual property insurance policy, many businesses that find themselves sued for intellectual property infringement will instead turn to their Commercial General Liability (“CGL”) insurers for possible coverage ' often with mixed results.
Most standard CGL policies cover “bodily injury,” “property damage,” or “personal and advertising injury,” as those terms are defined in the policies. Intellectual property claims, to the extent they are covered at all, typically fall under the “advertising injury” provision of such policies. Once triggered, the insurer will owe a duty to defend and indemnify the insured in lawsuits arising from the advertisement of the policyholder's products and services. The insurer's duty to defend involves hiring competent intellectual property counsel, as the policyholder is likely to have a strong argument that its insurer has failed to satisfy its duty to defend if the insurer hires counsel with no intellectual property experience.
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.
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.