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An Insurer's Willful or Knowing Violation of Mass. Gen. Law, Ch. 93A, ' 9
Earlier this year, the Supreme Judicial Court of Massachusetts issued its much anticipated decision, Rhodes v. AIG Domestic Claims, Inc., 461 Mass. 486 (2012), clarifying the scope of damages when an insurer is found to have willfully or knowingly committed an unfair settlement practice in violation of the Massachusetts Consumer Protection Act (M.G.L. c. 93A, ' 9).
In awarding sanctions totaling $22 million, the court determined that the measure of damages for an insurer's willful or knowing violation of ' 9 of Massachusetts' prohibition of unfair settlement practices must be calculated as a multiple of the underlying tort judgment rather than the actual harm caused by the insurer's conduct. On the other hand, where the underlying tort claim settled prior to entry of a judgment, damages will be determined as a multiple of the actual harm caused by the insurer's violation.
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.